SSA is proposing to eliminate a category "inability to communicate in English" as a potential factor that would reduce a claimant's ability to be employable. This is potentially a very significant development that could negatively impact claimants who are unable to communicate in English.
Interesting article and action by SSA asking for feedback regarding whether claimants seeking disability benefits feel that level of pain was adequately taken into consideration regarding their claim for benefits. Pain is subjective and therefore potentially difficult to have a clear cut applic...
Despite the rhetoric that aims to attack and chip away at Social Security, there is momentum towards protecting and expanding Social Security that will hopefully lead to a "re-awakening" among the public and politicians to the importance of this cornerstone of our society.
Claimants can bring their own medical expert to a hearing, and we have seen this on certain occasions. There are some points to take into consideration if and when this is a decision a claimant wants to make. Perhaps the fundamental question is: what benefit does bringing a medical expert to an A...
You have a hearing date upcoming and there is a judge assigned. Who is the judge and how do I find out any information that I can about him or her? There is a website that compiles reviews of judges and you can look up the location of the hearing office to see what comments are written there abou...
It's not uncommon that a claimant seeking SSI/SSDI benefits comes to a lawyer after having been represented by another lawyer who is now out of the picture. Sometimes, the reason is because the claimant fired the previous lawyer or firm and sometimes it is the other way around (the firm withdre...
Social Security Disability is not “Welfare”Social Security Disability (SSD) is not a federal “welfare” program. SSD works like any other insurance program that you pay into while you are working (by paying FICA taxes), which then pays you disability benefits (“Social Security Disability Income...
Justice Delayed is Justice Denied (reality) In 2017, the Star Telegram in Fort Worth, Texas, reported that nearly 6,000 disability cases were waiting to be decided by a staff of only 10 Administrative Law Judges (ALJ). Across the United States, the average wait for an ALJ decision is more tha...
Some of the most common conditions which cause back pain include arthritis and DDD (degenerative disc disease). If you suffer from chronic debilitating back pain then it is likely there are resulting physical limitations from your condition. Although this point seems obvious, the SSA will be lo...
Claimant has lost at the ALJ hearing. Filing an appeal of the ALJ decision is an option if an error of law or fact was made by the Judge. See a discussion oftop 10 issues for appealing an ALJ decision here. Perhaps most common is that the ALJ did not give the treating physician the sufficient w...
The "AOD" (alleged onset date) is the date from which the claimant represents that he/she became unable to continue working because of disabling conditions. This becomes an important point in time from which to establish the point from which benefits begin (+5 months if SSDI). At the ALJ hearin...
"The Vocational Expert is out to get me!" (anonymous claimant)...Although the VE (Vocational Expert) may present some hurdles for a claimant seeking benefits, he/she is not "out to get" claimants. The role of the VE is to identify jobs from the "DOT" that a claimant could potentially still do g...
Upon receiving a denial of an initial claim or reconsideration, there are 60 days (+5) to appeal (for reconsideration or hearing). Claimants miss the deadline for various reasons. All is not necessarily lost if there is a valid reason for having missed the deadline. If a valid reason is accompa...
Sometimes, after all the wait..the claimant arrives late or even misses the hearing..outta luck? If the attorney representative is hired, and a 1696 is filed, it's not the end of the day. The attorney can offer evidence, provide argument, cross examine the experts (medical expert ((ME)) and voc...
"RFC" stands for residual functional capacity. It is an important term to understand that the SSA uses in the analysis towards whether or not a person is disabled under their definition. Essentially, they are trying to define what the limitations are and resulting type of work they can perform ...
The time that elapses from the point of requesting a hearing to the actual hearing is approximately 16 months. Is there any relief from this agonizing wait? 1) Not objecting to a VTC "video teleconferencing" hearing typically reduces the wait time before compared to a face to face hearing. Cla...
If one is applying for SSDI (Social Security Disability Insurance), then the term "DLI" (date last insured) is important because it is the date by which one must demonstrate that the disabling condition(s) prevented the person from work. Usually, if one is under 50 and has not worked 5 of the la...
The questions the judge will ask a claimant at the hearing are predictable. "..Are you able to drive? Why did you stop working on that particular date? Tell me about your typical day." The claimant must show his/her disabling condition prevents him/her from being able to work. The judge looks for...
Social Security disability lawyers equip their clients with forms (MSS - Medical Source Statements) for their doctors to complete which help establish the connection between the disabling condition and the resulting physical or mental limitations on ability to work. Although some doctors readil...
Inability to make adjustment to other work per "worn out worker" rule.According to CFR section 404.1562(a), if you have done only arduous unskilled physical labor. If you have no more than a marginal education (see § 404.1564) and work experience of 35 years or more during which you did only ar...
There are certain medical conditions related to back pain that can potentially meet one of the "listings" of disabling conditions set forth by SSA. "Listings"are certain conditions that SSA defines as serious enough to demonstrate a person is unable to do any work, and thereby eligible for a p...
SSA identifies certain conditions serious enough for expedited treatment. If you have a "CAL" condition (compassionate allowances), your application can be flagged by SSA for expedited handling. See a list of the CAL conditions here.
