Welcome! This site is written for Social Security disability claimants, for their legal representatives, and for the network of people involved in the Social Security disability claim process. I hope you find it helpful.
Free Claim Review

Once the field office processes an initial claim for Social Security disability or SSI, the claim gets sent to DDS for a determination. DDS assigns a disability adjudicator who manages the claim. That person will order medical records, send forms to the claimant for completion, and ultimately will make a determination of whether or not that person is disabled under Social Security’s rules.

When a claim arrives at DDS, however, it is not immediately assigned to an adjudicator. A claim goes to “staging,” where the claims sit without development until they are assigned in the order they are received.

I have initial claims that are approaching 4 months in staging. Because initial claims are given priority, the staging delay for claims at Reconsideration is even longer, 6-7 months and counting.

Many DDS agencies already had a bottleneck waiting for medical review. Claims that are ready to medical review sit in the queue awaiting review from the limited number of doctors available to review the claims and assess functional limitations. Those delays are months, depending on the state.

The staging delays compound that wait for a determination. It should not take months and months to have a claim assigned to a disability adjudicator.

Social Security disability hearings are often held by video, using Microsoft Teams. While the shift to video hearings has improved scheduling flexibility and allowed many cases to move forward without long delays, it has also introduced a layer of technology that can catch clients—and sometimes representatives—off guard.

Many claimants have never used Microsoft Teams before the day of their hearing. Even clients who are generally comfortable with smartphones or tablets may have trouble navigating Teams the first time, particularly when it comes to downloading the app, entering the hearing, or troubleshooting audio and video settings. The last thing anyone wants is to spend the first 15 minutes of a scheduled hearing trying to get connected, especially when the ALJ and hearing reporter are already waiting.

The solution is simple: schedule a Microsoft Teams video call with your client in advance of the hearing.

This short prep session offers multiple benefits:

  • Ensures they can access Teams: Some clients may need help downloading the app or understanding how to join via link or meeting ID.
  • Tests their device: Microphones, cameras, and speakers all need to work properly. If there’s an issue, you’ll have time to pivot to a different device.
  • Gives them confidence: Just as we prepare our clients for questioning, we should also prepare them for the virtual environment. Familiarity with the format reduces stress.
  • Avoids surprises: Sometimes the client’s preferred device turns out to be incompatible, or they’re planning to take the call from a location with poor reception. These are problems you can solve ahead of time—not while the judge is waiting.

Ideally, the test run should be held a few days before the hearing, and it should be conducted on the same device and in the same location the client plans to use during the hearing itself.

A quick Teams check can make all the difference on hearing day.

When Social Security denies a claim for disability benefits at the initial or reconsideration level, the SSA provides a personalized “Explanation of Determination,” usually on the last page of the denial letter. The rest of the denial letter is a form letter. Often my first contact with a prospective client is after that person has received a letter from Social Security denying disability benefits. 

The reasons given in these explanations for denying benefits often leave the recipients bewildered, because the reasons given for the denial can be completely disconnected from the claimant’s reality. The explanations typically do not meaningfully address the issues that keep the person out of work. Needless to say, these denial letters cause a significant amount of distress to claimants.

Unfortunately, I see this all the time.

Here are 4 things to keep in mind if you receive a letter from Social Security denying your application for disability benefits:

1. Realize that it is a form letter. The explanation of determination may be wrong, and will not reflect the severity of your symptoms.

2. Realize that the letter is not binding if you appeal. Social Security will make a new decision on your disability claim, regardless of the wording of that denial letter.

3. The letter sometimes contains helpful information. It can provide a reference point for how Social Security views your claim. The letter lists the medical sources that were considered in the decision, so you know that you need to obtain any missing records that were not reviewed (although the list on the denial letter is not always complete). Often the denial notice will state that you could return to a specific past job, or do other work. This information will give a disability lawyer a starting place to evaluate your claim. Ultimately, your lawyer will review the full Disability Determination Explanation in the claim file, which will give fuller information about how your claim was evaluated.

4. Realize that you may need some help. If you don’t already have the assistance of a Social Security disability attorney, it’s time to talk with one.

Try not to get upset or discouraged by a denial letter. Take action instead! Make sure to appeal the denial within 60 days. 

A long-awaited improvement to the Social Security e-file has arrived. The Electronic Folder now provides access to Sections A and B at Initial and Reconsideration levels. This is great news for Social Security disability Representatives, and also for the staff at local Social Security field offices.

Having access to the A section of the folder means that you have access to the Disability Determination Explanation, which tells you if a claim was denied or allowed, and why. Before today, when a case was closed by DDS, there was no way to know the result without calling the appropriate field office or waiting for a letter in the mail. Now the file will tell you. That means one less call to the local field office in every case. For new clients who first contact a lawyer after an initial denial, that means the Disability Determination Explanation (DDE) is already in the file. Prior to today, I would need to call the field office to request the DDE, and hope for it in the mail. This is a huge improvement, and will eliminate the need for field offices to receive such routine calls.

Judge Mary Hubert has joined the Portland hearing office as Chief Judge. Judge Hubert replaces Judge Paul Martin, who had been serving as interim Chief Judge. Judge Martin has returned to his previous post at the Manchester hearing office.

Judge Hubert was serving previously at the SSA hearing office in Valparaiso, Indiana.

I have a client with a claim for disability benefits that has been pending at the initial level of review for over 365 days. That is just too long.

This client applied online with me in my office, on April 10, 2024. The claim was sent to DDS on June 7th. After 3 months in “staging,” DDS assigned a disability adjudicator on September 3, 2024. It has been awaiting a determination since.

All forms were promptly completed. Medical records were promptly ordered and received by DDS, and we supplied some older medical records. A physical consultative exam was scheduled; that delayed the claim by 10 weeks, due to scheduling lead time and then waiting for the CE report. Since then, the claim has been in the queue waiting or medical review for over two months and counting.

4/25/2025 Update: At the national NOSSCR conference, it was noted that there is a Social Security regulation that sets targets for DDS review times for initial disability claims. The processing target level for state agency review of initial Title II disability claims is 37 days. See 20 C.F.R. 404.1642(b)(1).

4/30/2025 Update: An initial determination has been made.

5/13/2025 Update: Payment received.

My hearings this week with an administrative law judge (ALJ) to determine medical eligibility for Social Security disability benefits followed the usual pattern: opening remarks by the judge and then the claimant’s lawyer (me), the claimant’s testimony, and then testimony of a vocational witness regarding the claimant’s past relevant work, and whether various functional limitations would preclude that past relevant work and/or other work. This, broadly speaking, is pretty much the course of most hearings. At the end of the hearing, the judge often will say something like “Thank you for coming today. I will review the record again and issue a written decision soon.”

At the end of one of my hearings this week, however, the judge said this, instead: “Based upon my review of the file, your testimony, and the testimony of the vocational witness, I will be issuing a Fully Favorable decision.”

What a difference that makes! While we still have to wait for the written decision to be issued, it gives tremendous relief for the claimant to hear from the judge that their claim for Social Security disability benefits will be granted. There is no uncertainty or worrying while waiting for the decision. It is a generous act by the judge.

I wish judges would follow this example more often when they know they will grant a disability claim.

Multiple Sclerosis (MS) is a chronic illness that affects the central nervous system, which includes the brain and spinal cord. MS occurs when the body’s immune system mistakenly attacks the protective covering of nerve fibers, known as myelin.

Myelin acts like insulation around electrical wires, allowing nerve signals to travel quickly and efficiently. When myelin is damaged, the nerve signals are disrupted, leading to a wide range of symptoms. The symptoms associated with MS vary depending on the areas of the brain and spinal cord that are affected, and can vary widely from person to person.

In many cases, MS symptoms lead to disability over time. As MS progresses, the damage to nerve fibers accumulates, which can result in significant limitations. Some common effects include:

  • Mobility Issues: Muscle weakness, difficulty walking, and even paralysis can occur, especially when the nerves controlling motor functions are damaged.
  • Coordination and Balance: As MS affects the brain regions responsible for motor coordination, individuals may have trouble maintaining balance or performing tasks that require fine motor skills, such as writing or typing.
  • Cognitive and Emotional Changes: MS can affect memory, attention, and problem-solving skills.
  • Fatigue: One of the most common and debilitating symptoms of MS is fatigue. This type of fatigue can be overwhelming and is not simply tiredness; it can significantly impair a person’s ability to complete routine daily activities.

In my view, MS presents two principal challenges for those applying for Social Security disability.

First, as a progressive disease, it can be hard to determine at which point along the progression the MS symptoms become disabling. That point is almost impossible to discern from the treatment notes alone. The objective evidence in the medical file never tells the complete story, because MS patients with similar lesions shown on their MRIs can have symptoms that vary dramatically in their severity.

Second, it is often the constant fatigue that prevents MS patients from being able to work and even maintain their daily activities. Unfortunately, there is no way to objectively measure fatigue. And while the treatment notes will often cite fatigue, they usually do not detail the severity of the fatigue.

The treating neurologist can usually help, by providing an opinion regarding the severity of the patient’s symptoms.

I get calls (and emails). People find the blog and get in touch with a question, which is terrific. The purpose of the blog is to help.

Every now and then someone gets in touch with this question: “I am already receiving disability benefits. I have developed an additional medical condition, and as a result I am more disabled now that I was before. How do I increase my monthly disability benefits to reflect my increased level of disability?” Short answer: you don’t.

For those disabled under Social Security’s rules, the monthly benefit (which Social Security calls the Primary Insurance Amount, or PIA), is determined by a formula based upon how much you have paid into the FICA system over the years. The monthly benefit is a little different for everybody, depending upon their contribution. The benefit amount has nothing to do with the level of your disability, so there are not additional disability benefits available if your condition worsens.

I recently helped a client over the age of 55 with their initial application for Social Security disability benefits. I get involved early in these cases because the claimant’s past relevant work is often the most important aspect of the claim, and I want to ensure that both the application and the Work History Report are completed accurately.

When I first spoke to the client, they said they had been out of work for about 5 months, since September of 2024. Upon further inquiry, it turned out that the client’s last long-term job ended the year before, in September of 2023. Since then, they tried to work for three different employers, with 30+ day gaps in between each job. Those jobs only lasted 2-3 months due to the client’s physical impairments. Looking at the dates of employment and the reason for departing each job, it became clear that these three jobs were unsuccessful work attempts. Unsuccessful work attempts are by definition not SGA (substantial gainful activity), and therefore do not interrupt the disability period. See 20 CFR 404. 1574(c).

As a result of this analysis, when we filed the application for disability benefits, we correctly alleged an onset date of September 2023, when the long-term work ended, disregarding the subsequent unsuccessful work attempts. This resulted in an award of 12 months of additional disability benefits for the client.