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
The 2015 Waterfall Chart
Each year, the Social Security Administration releases statistics about the disability and SSI programs in an easy-to-understand format, called the “waterfall” chart. The waterfall chart shows the percentage of claims approved and denied at the various levels of review.
Much has changed since the baseline years 2008 & 2009, when ALJ allowance rates at the
Are my disability benefits taxable?
It is tax time, and each year I hear from clients who won their cases the previous year and are wondering about the tax consequences of their disability benefits. This topic is particularly important for those who received a significant payment of past-due benefits.
The answer is part of your disability benefits may be taxable.
Disability is a hard road
I get calls and emails from people who are still working, but are struggling, and are considering Social Security disability.
Depending upon a person’s individual circumstances, this is typically what I say to those who are currently working, but are exploring the disability process:
It is hard to plan for disability. First, there is no
Non-Medical Evidence Can Help You Win
Although medical evidence is the centerpiece of a Social Security disability claim, non-medical evidence can play an important role, and help to persuade an administrative law judge that your are disabled from competitive employment.
Atlanta, Georgia Social Security disability attorney Jonathan Ginsburg wrote a good article on this subject, entitled "Unconventional, Non-Medical Evidence That
New rule regarding evidence in Social Security disability cases
Social Security has issued a new rule regarding the production of medical evidence for Social Security disability cases. Entitled Submission of Evidence in Disability Claims, the rule makes several changes in the regulations effective April 20, 2015.
If you are practicing in this area of law, you have to read the new rule.
The 36-month Reentitlement Period
The reentitlement period is a safety net for Title II disability recipients who return to work. The reentitlement period begins at the end of the 9-month trial work period, and lasts for 36 months.
If you cannot continue working at the SGA level due to your disabling impairments during the 36-month rentitlement period, you do
The 9-month Trial Work Period
Trial work is a concept that applies to people already entitled to Title II disability benefits. Sometimes Title II recipients will attempt to return to work to see how it goes. Social Security encourages this, and allows a 9-month period for a person to still receive disability benefits while testing his or her ability to