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Social Security News and Updates

Late/Missed Hearing!

Posted by Peter Bohan | Aug 26, 2016 | 0 Comments

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": a key SSA term

Posted by Peter Bohan | Aug 04, 2016 | 0 Comments

"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 Long Wait to a Hearing

Posted by Peter Bohan | Jul 12, 2016 | 0 Comments

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...

SSA terminology: "DLI"

Posted by Peter Bohan | Jul 02, 2016 | 0 Comments

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...

Credibility at the Hearing

Posted by Peter Bohan | Jul 02, 2016 | 0 Comments

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...

Documenting a Condition

Posted by Peter Bohan | Jun 26, 2016 | 0 Comments

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...

"Worn out worker" rule

Posted by Peter Bohan | Jun 19, 2016 | 0 Comments

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...

Importance of SSA "listings"

Posted by Peter Bohan | Jun 19, 2016 | 0 Comments

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...

"Serious" conditions -Fast Track

Posted by Peter Bohan | Jun 19, 2016 | 0 Comments

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.

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