The new fee cap, announced back in March, is now in effect. The relevant date for the fee cap is the date of the approval fee agreement. So if the fee agreement was approved prior to November 30, 2024 but is still unpaid, the previous cap of $7,200 applies. Social Security has announced that, in
Gordon Gates
Gordon Gates specializes in Social Security disability law, and he handles claims at every level of the Social Security disability claim process. He assists clients with initial applications for disability benefits, with appeals of denied claims, and with hearings by an administrative law judge.
Gordon has successfully appealed unfavorable administrative law judge decisions the Social Security Appeals Council and to U.S. District Court (District of Maine) to have those claims remanded for new hearings.
Gordon attended Maine Maritime Academy and Tulane University Law School. At Tulane, he served as Senior Articles Editor of the Tulane Law Review and graduated magna cum laude. He was admitted to practice law in Maine in 1991. Since 2005, he has concentrated his law practice on Social Security disability and SSI cases.
Gordon is the publisher of Social Security Disability Lawyer, a nationally-read legal blog. He presented at the Fall 2010 conference of National Organization of Social Security Claimants' Representatives (NOSSCR) on the topic of Writing Hearing Briefs for the ALJ.
Social Security Announces 2.5 Percent Benefit Increase for 2025
Those receiving Social Security benefits, including disability and SSI, will receive a 2.5% increase in 2025.
New Work History Report
Social Security is now using an updated version of its Work History Report, form SSA-3369-BK.
Of course, a new Work History form was necessary when the period of time for past relevant work was changed from 15 years to 5 years, streamlining the disability process. But Social Security took the opportunity to redesign the…
John Oliver on our broken disability system
My colleague Jonathan Ginsberg posted this before I did. So did Charles Hall.
Here is John Oliver commenting on our broken disability system.
The effect of a “Light” pysical RFC for claimants over age 55 with disability claims based on mental health symptoms
A person’s mental health is often the basis of a disability claim. That person’s past relevant work (PRW) is often precluded by their mental health symptoms at Step 4 of the Social Security’s sequential evaluation. Frequently assessed functional limitations due to mental health symptoms, such as a limitations to “simple tasks” or…
Video (and telephone) hearings are now the most prevalent
I had an in-person hearing at the Portland Hearing office last week, on September 10th. When I signed in, I noticed that no one had signed in to the hearing office since August 22nd, 3 weeks before. Sign-ins before that were similarly sparse.
The hearing offices used to have busy public spaces. Back in the…
The effect of a limitation to “simple tasks” on skilled work
One of the most frequent limitations assessed by Social Security due to a claimant’s mental health symptoms is a limitation to simple tasks. That limitation alone is not disabling, by any means. But it can have a significant effect on a disability claim when combined with physical limitations. For claimants over the age of…
Recent denial based upon outdated PRW
I just signed up a new client who was initially denied disability benefits at step 4 of the sequential evaluation, based upon a job he last performed in 2016.
It is often an issue in a disability claim when a claimant with physical impairments has PRW at the sedentary exertional level, because that work…
Unsuccessful work attempt
If you have worked at the SGA level at any time since the alleged onset date of your Social Security disability claim, it can be problematic for your claim. You must have (or expect to have) a 12-month period of disability to qualify for Social Security disability (or have a condition which is expected to…
Factors not considered at Step 4 of the Sequential Evaluation
Social Security uses a 5-step sequential evaluation to determine disability. Step 4 comprises your ability to perform your past relevant work (PRW), both as actually performed by you, and as generally performed in the national economy.
There are a number of factors that are not considered at step 4. POMS DI 25005.001C. states:
When
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