I’m not the person I used to be.
Social Security disability applicants often tell me this when I meet with them to discuss their claims. At the hearing, I will ask them to explain to the judge why they are a different person today than when they were able to work. It is usually compelling
When I see that a Social Security disability case has been closed, I review the ALJ decision online long before the paper copy arrives in the mail. For unfavorable decisions, of course you are looking at the reasoning of the decision, and for flaws that would support an appeal to the Appeals Council.
But it
Social Security requires a medically determinable physical or mental impairment as the basis for a finding of disability. The “medically determinable” language is part of the definition of disability in the Social Security Act itself. See 42 U.S.C. 423(d)(1)(A).
The impairment(s) must result from anatomical, physiological, or psychological abnormalities that can be shown by medically
We all lose a disability claim now and then. When the claim really should have been granted, the next step is drafting a Request for Review for the Appeals Council. Like most appeals of Social Security disability claims, there is a 60-day deadline for the appeal. But the best time to write a first draft
Sometimes a prior job is actually more than one job at the same time. You were both a carpenter and a work site supervisor. Your were a front desk clerk at a hotel, but also cleaned rooms and sometimes carried guests’ luggage to their room. These are called composite jobs.
In every disability claim, the
A series of recent posts here on the blog have taken a closer look at transferability of acquired job skills.
Transferability of skills is an issue when all four of the following are true:
1. Transferability is material to the determination;
2. past relevant work has been determined to be skilled or semiskilled;
3.
Social Security regulates the fees paid to those repesesenting disability claimants before the SSA. A contingency fee of 25% is permitted, and charged by pretty much everyone who does this type of work.
For those using the fee agreement process that allows quicker payment of the fee, Social Security imposes a cap on the fee
I will be attending the annual NOSSCR Conference in Austin, Texas this week. NOSSCR is a critically important organization for those of us who represent clients before the Social Security Administration, and I am happy to be a sustaining member.
If you are attending the conference, please say hello.
Disability claimants over the age of 55 who are unable to perform their past relevant work and are limited to Light exertional work (or less) will be found disabled at step 5 in the absence of readily transferable skills (and in the absence of recent education providing direct entry to skilled work), by operation of
Cooking in a commercial kitchen is a demanding job. You are constantly on your feet, using your hands frequently, and lifting and carrying stuff around the kitchen. The Dictionary of Occupational Titles characterizes the job of “Cook” as a Medium exertional, skilled job. That means that if the person seeking benefits is no longer able