Social Security Adult Listing 1.04A is often met for claimants with severe back pain, when there is an MRI or CT scan showing impingement of the nerve root or spinal cord. The practical difficulty with the listing is that the other findings necessary to meet the listing, such as a positive straight leg raising test
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.
April 2009
Must I give up my job to be eligible for Disability?
By Gordon Gates on
Posted in Step 1
This reader question regarding Social Security disability arrived by email today:
I am in the process of gathering info so I can decide if I should apply for disability. It appears that the first criteria to meet is to not be working. I am working and it is very, very difficult. Will I need to…
File your Hearing Brief Early
By Gordon Gates on
Posted in ALJ hearings, Practice notes
I asked one of our Portland, Maine judges this question: How far in advance of a Social Security disability hearing should the hearing brief be submitted?
The answer: 7 days ahead of the hearing.
The deadline for submitting new evidence is 5 business days (which equals 7 calendar days) ahead of the hearing. After the…
7 Weeks from Denial to Receipt of Benefits
By Gordon Gates on
Posted in Case stories, Maine
I wrote two weeks ago about the amazing timeline of one of my Social Security disability cases. To recap, because the bank was foreclosing on the claimant's home, both the local Social Security office and the Portland, Maine hearing office expedited the disability appeal. A hearing was scheduled within 5 weeks from the claimant's receipt of the Reconsideration denial notice…
Anxiety and Social Security Disability
By Gordon Gates on
Posted in Case stories, Impairments
Severe anxiety can certainly provide a basis for Social Security disability. Anxiety is among the SSA's listed impairments - please see listing 12.06.
I had a hearing last week for a claimant suffering from severe anxiety with agoraphobia. This claimant has been basically housebound by anxiety, and leaves the house only for doctor appointments. Her…
Ask for a Bench Decision
By Gordon Gates on
Posted in Practice notes
I was talking with one of our Portland, Maine judges yesterday between hearings. We discussed the amazing timeline of a recent Social Security claim. The judge said that it was helpful in that case to have a request for a bench decision in the hearing memorandum.
A bench decision requires some preparation, because there…
DDS and Medical Source Statements
By Gordon Gates on
Posted in DDS
Disability Determination Services (DDS) is the state agency that makes disability determinations at the initial and reconsideration levels for Social Security disability and SSI claims.
A medical source statement is an opinion from a treating doctor regarding a patient's functional limitations. A medical source statement must be considered when determining the Residual Functional Capacity (RFC) for a…
Amazing Timeline
By Gordon Gates on
Posted in Case stories, Maine
The Social Security Administration can move quickly in certain circumstances. One such circumstance is a dire need case. Dire need is a type of critical case, and these claims are expedited by the SSA.
In this particular case, the claimant received a Reconsideration denial letter on February 27th and contacted me. We had…