Back in the day, the vast majority of granted Social Security disability claims were decided by Social Security’s listed impairments, which set forth medical criteria of a condition that is presumed to be disabling at step 3 of the sequential evaluation. Today, however, the majority of allowed claims are determined based upon medical-vocational
Frequency of Medical Treatment
The frequency of your medical treatment is an important factor in your Social Security disability claim. A diagnosis is a first step, but a judge must evaluate your functional limitations due to your medical condition. And when evaluating the seriousness of your functional limitations, regular doctor visits are helpful. Looking at the cases of mine
Always Start with the DDS RFC
When Social Security Security evaluates a claim for disability, it uses a 5-step sequential evaluation. For steps 4 & 5 of the sequential evaluation, Social Security assesses your functional limitations and incorporates those limitations into a Residual Functional Capacity (RFC). That RFC is then compared to the requirements of competitive work to determine whether
Auxiliary benefits for your children
If you qualify for Social Security disability benefits, your minor children are also awarded benefits. These benefits are in addition to your monthly disability payments, and are intended to help provide the necessities of life for your children. If you remain disabled, the children’s benefits will continue until their 18th birthday (a child still in
Speed up the decision on your disability claim
Those applying for Social Security disability benefits want to know when their claim will be decided. Since by definition a disabled person cannot work, the wait for a decision is a real struggle for most disability claimants. However, there are a couple of steps you can take to speed up the disability claim process.
First,
The things you tell your doctor
The things you tell your doctor about how you are doing (and what you are doing with your time) frequently end up in your medical progress notes. These progress notes provide your doctors with context and information about your condition.
Anyone applying for disability needs to know that those medical notes become part of the
The Administrative Law Judge for your disability hearing
The first thing I check I receive a hearing notice for a Social Security disability claim, other than the date and time of the hearing, is the name of the administrative law judge (ALJ) who will hear the case and decide the claim. It probably shouldn’t matter which judge hears your case, since they all
The ability to transition to “other” work
I talk with many prospective disability clients who are clearly unable to perform their past relevant work. I spoke recently with a person who had been a welder for years, but could not continue due vision and to degenerative back problems. He clearly is not going to be able to work as a welder, his
Sometimes you save a life
There are many benefits to being a Social Security disability lawyer. You are able to help people who really need the help, and it is very gratifying when a claimant receives disability benefits.
I received a Fully Favorable decision on a claim where, in addition to getting disability benefits for the client, I may have
Hearing Office is now OHO
Back in 2006 or so, the Bureau of Hearings and Appeals changed its name to the Office of Disability Adjudication and Review (ODAR), as part of a reorganization at Social Security and new regulations. The name was widely panned at the time.
Now, a decade or so later, the Hearings office has been renamed the