Maine Social Security Disability Lawyer

The Social Security Disability Lawyer Blog

Welcome. This site is written for Social Security disability claimants, their legal representatives, and the network of people involved in the disability claim process. For frequent updates, subscribe to the feed.

If you have a Social Security disability claim in Maine or New Hampshire, please contact Gordon Gates or ask for a free Social Security claim evaluation. 

Happy Holidays

Our offices will be closed for Christmas Eve and Christmas Day.

The Social Security Disability Lawyer blog will maintain a holiday schedule as well: no disability blog roundup on Christmas or New Year's Day. The Roundup will return on the following Friday, January 8th.

Best wishes for the holiday season!

OTR for Christmas

It is always a pleasure to call a client with the news that his or her Social Security disability claim has been granted at the hearing level with an on the record (OTR) decision. 

With the claim granted, there is no further wait for a hearing, and the inevitable stress from worrying about the outcome of the claim comes to an end. It is welcome news.

It is even better to make that call just before Christmas. I just made one such phone call, and it really does put you in the Christmas spirit.

Is the DDS system broken?

Social Security has an odd, two-tiered system for disability claims. The initial and reconsideration claims are decided by Disability Determination Services (DDS), a state agency. For denied claims that are appealed to the hearing level (and you should always appeal your denial), the claim goes to a Social Security hearing office, which is actually operated by the the SSA. At the hearing level, your claim is evaluated by staff attorneys and ultimately decided by a U.S. Administrative Law Judge. 

Nationally, the majority of claims that reach the hearing level are granted. This raises the obvious question: Why were they denied by DDS in the first place?

Sometimes there is new evidence by the time a claim gets a hearing. But often, there was no logical reason for the initial DDS denial. 

Tim Moore, a former disability examiner, wrote about this disconnect between the state DDS agencies and the federal Social Security hearing offices recently on his blog. Here is an excerpt:

if a claim that was denied twice by a disability examiner (initial claim and reconsideration levels) is later approved by a judge, what was the point? 

More specifically, what was the point of so needlessly wasting so much agency time and money, otherwise known as taxpayer dollars, in this fashion. 

And, further, what was the point of forcing so many tens of thousands of individuals who were initially denied but were likely to get approved later at a hearing into a needlessly drawn out wait often resulting in bankruptcy and home foreclosure?

Answer: there was no point.

Read his entire post, entitled Social Security Disability Problems.

It is frustrating to have disability claims that you know will be granted at the hearing level denied by DDS. And it is difficult to reassure clients that these DDS denials can be turned around. It is unfortunate that we are asking the question: Is the DDS system broken?

Friday Disability Blog Roundup - 12/18

Here is the Friday roundup of recent posts from the Social Security disability blogs:

• How Does the Social Security Administration Determine Whether Someone With Autism Is Disabled? from the Social Security Blog published by Aaron Rifkind
• What is required for a child to qualify for benefits? from the Social Security Disability Blog moderated by Jonathan Ginsberg
• Social Security Disability Claimants and Transferability of Skills from the Indiana Social Security Disability Lawyer Blog published by Scott Lewis
• Average Processing Time Report from Social Security News published by Charles Hall
• Social Security Disability Benefits is Not the Only Program With Backlogs from the Raleigh Personal Injury Lawyer Blog published by Hardison & Associates
• SGA from St. Louis Sojourn published by Ed Pitts
• Social Security Disability Problems from My Disability Blog published by Tim Moore
• Social Security Disability vs. Early Retirement from the Social Security Disability Lawyer published by Gordon Gates
• Importance of Healthcare Debate for Social Security Disability Applicants from the Delaware Disability Law blog published by Steven Butler

The Disability Blog Roundup will not appear on Christmas or New Year's Day, so the next Roundup will be Friday, January 8th.

Social Security Disability vs. Early Retirement

Many people who become disabled at or near the age of 62 choose to file a claim for early retirement benefits instead of Social Security disability benefits. This is a usually a mistake, since the Social Security system penalizes people who retire early, at age 62. If you receive Social Security disability benefits instead, you avoid those penalties. So don't automatically take the retirement check.

The critical aspect of a disability claim for those approaching retirement age is to rule out your past relevant work at step 4. If you can no longer do your past work, the SSA must consider your age when determining whether or not you can perform other work at step 5 of the sequential evaluation. If you can't rule out your past work, you do not get the benefit of being over age 55 (or age 60) at step 5. 

I prefer to be involved as early as possible with a disability claim of a worker over age 55. Ideally, I am consulted before the claim is filed. That way, some common mistakes can be avoided.

Vocational Resources

Posted over at David Traver's Connect Board are links to scanned pdf copies of the out-of-print Dictionary of Occupational Titles and the hard-to-find Selected Characteristics of Occupations. They are available as free downloads.

These are the books you need in front of you when in the trenches with a recalcitrant vocational expert. Now, instead of lugging the volumes around just in case you need them at the hearing, you can have them available on your laptop.

Click on the volume you want to download. The link will take you to a site where you can download a copy for free.

• Dictionary of Occupational Titles (DOT) Volume 1
• Dictionary of Occupational Titles (DOT) Volume 2
• Selected Characteristics of Occupations Defined in the Revised Dictionary of Occupational Titles (SCO)

This is great stuff. Thanks to Tim Wilborn for the time and effort to scan these volumes, and for the thoughtfulness to make them available to his colleagues. Thanks also to David Traver for posting the links on his site.

Social Security Disability Blog Roundup - 12/11

Here's a sampling of what's new this week from the disability blogs:

• Applying for Social Security Disability Insurance while Receiving Long Term Disability Benefits from the Delaware Disability Law blog published by Steven Butler
• How to describe pain in a Social Security disability case? from the Colorado Social Security Law blog published by Tomasz Stasiuk
• Walking Out Empty-Handed from Social Security News published by Charles Hall
• Parkinson’s Disease and Social Security Disability from the Personal Injury Social Security Disability blog published by Bob Kraft
• Know What to Expect Regarding Disability Back Payments and Medicare from the Florida Disability Blog published by Levan & Neidenberg

Follow up on Ruling 96-8p and Full-Time Work

The challenge with claims involving Ruling 96-8p, where the issue is the claimant's ability to maintain a full-time schedule, is that Social Security's forms - such as the Medical Source Statement of Ability to do Work-Related Activities (Physical) - have no spot for a doctor's opinion regarding a patient's ability to maintain a regular work schedule.

As a disability lawyer, you need to get the doctor's opinion on this issue. It's really important.

Do you whatever you have to do. Ask the doctor for a narrative. Type in the question on the form you send to the doctor. But somehow, get the doctor's medical opinion about whether or not the claimant can sustain a full-time work week (and if not, why not).

Friday Disability Blog Roundup - 12/4

There are some new faces and some old hands for this week's Roundup:

• Social Security disability lawyers and non attorney representatives from the Ultimate Social Security Guide published by Karl Kazmierczak
• The Difference Between SSDI and SSI for Adults from the Boston Social Security Lawyer blog published by Jennifer Leahy
• What Information Does Social Security Need About Your Past Work? from the Disability Secrets Blog pubished by Tim Moore
• Social Security Ruling 96-8p and Full-Time Work from the Social Security Disability Lawyer blog published by Gordon Gates
• Electronic Medical Records and Social Security Disability from the Delaware Disability Law blog published by Steven Butler
• Social Security parent’s benefits from the Colorado Social Security Law blog published by Tomasz Stasiuk

Social Security Ruling 96-8p and Full-Time Work

Social Security Ruling 96-8p is a cornerstone ruling when it comes to the factors that must be considered for a claimant's residual functional capacity. I reread the Ruling every now and then, and always gain an additional insight.

The Ruling is especially helpful in the area of "full-time work." Often a person is disabled because they cannot maintain a regular full-time work schedule. For whatever reason - perhaps chronic pain, or severe anxiety or depression - a 40 hour work week is just not possible. Many medical conditions involve "good days" and "bad days." On a good day, a regular workday might be possible. On a bad day, there is just no way.

Social Security Ruling 96-8p helps with this issue. The Ruling states:

RFC is the individual's maximum remaining ability to do sustained work activities in an ordinary work setting on a regular and continuing basis, and the RFC assessment must include a discussion of the individual's abilities on that basis. A "regular and continuing basis" means 8 hours a day, for 5 days a week, or an equivalent work schedule.

I had a recent hearing for a client with a combination of impairments that prevented anything approaching full-time work. It was nice to hear the judge explicitly cite Ruling 96-8p in his bench decision.

Tip: In an appropriate case, be sure to mention Ruling 96-8p and how it applies to your claimant in your prehearing memorandum.

November Recap

November has been a prolific month here at the Social Security Disability Lawyer blog. Here is a recap of the month's top posts:

Judges say too many claims are denied initially, sometimes for no logical reason

Reopening a Prior Claim Reminder

Six tips to keep your disability claim moving

Required for Effective Hearing Representation

Establish the limits of ADLs

Client testimony - it's in the details

Shut Out of Social Security

New database shows ALJ denial rates by state and by hearing office

Remember, right here every Friday you can find a Roundup of notable posts from Social Security disability blogs around the country.

Please subscribe to the feed of this blog, and all posts will be sent to your reader. Or if you prefer, you can also subscribe by email - just enter your email address in the yellow box on the sidebar and click "Subscribe".

Appeal your Denial

The Maine DDS sent out a batch of Reconsideration denials this week, just ahead of the Thanksgiving holiday. The letters are now arriving in claimants' mailboxes.

If you receive a denial letter for your Social Security claim, be sure to appeal that denial right away. Too many claimants give up part way throught the process. If you want some help, please get in touch with me. But whatever you do, please appeal that denial.