There is a great explainer in the Washington Post called Spoon theory: What it is and how I use it to manage chronic illness. The article, written by journalist Fortesa Latifi and illustrated by Lara Antal, has terrific graphic novel-style illustrations, including the one shown above. It conveys how those suffering with chronic
As dedicated readers know, at Step 5 of the disability sequential evaluation, Social Security uses the Medical-Vocational Guidliness to determine disability. The guidelines, or “grids,” direct a finding of “disabled” or “not disabled” based upon a person’s age, physical RFC, education and past work/transferable skills.
If the medical-vocational guidlines direct a result of “disabled,”
The Washington Post has an excellent article this week by reporter Lisa Rein, entitled “Social Security denies disability benefits based on list with jobs from 1977.” You should read the article in its entirety.
The Dictionary of Occupational Titles (DOT), published by the U.S. Department of Labor, is used by Social Security as
Social Security has comprehensibly redesigned its website.
Some of the changes are discussed in a post on the Social Security blog.
I noticed that SSA revamped the online appeal page, making it much easier to understand and use.
I recently wrote about the DDS backlogs in my geographical area of practice.
Today the Washington Post has elevated the issue to national news:
Social Security offices critical to disability benefits hit breaking point
12/07/2022 Update: Congress has taken notice.
Effective today, December 1, 2022, the Federal Rules of Civil Procedure (“FRCP”) have been amended to include Supplemental Rules for Social Security Civil Actions under 42 U.S.C. § 405(g).
According to NOSSCR’s email to its members, highlights of the new rules include:
Pleading Requirements for the Complaint
Under the new FRCP Rule 2, a complaint
Disability Determination Services (DDS) state agencies make initial and reconsideration determinations on Social Security disability claims. These agencies have had massive turnover in the past few years. I used to work repeatedly with the same group of disability examiners. These days, I am constantly seeing new examiners. Adding to the turnover problem, it takes months
An ALJ decison regarding TItle II disability usually contains a sentence like this:
The claimant’s earnings record shows that the claimant has acquired sufficient quarters of coverage to remain insured through December 31, 2024.
A successful disability claimant may read that sentence and think that it means that the Social Security disability benefits will terminate
Substantial Gainful Activity (SGA) is the amount of money that one can earn and still qualify for Social Security disability benefits. The amount is adjusted each year for inflation, as shown by this table. In 2022, the amount is $1,350. For 2023, the amount goes up to 1,470.
The SGA amount is important for
Last month, my hearings with an administrative law judge (ALJ) to determine medical eligibility for Social Security disability benefits followed the usual, familiar 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