Each year, the Social Security Administration releases statistics about the disability and SSI programs in an easy-to-understand format, the “waterfall” chart. The chart shows what claimants can expect, statistically, for their claim for Social Security disability benefits.
The latest chart, for FY 2014, shows an ALJ allowance rate of 45% for claims at the hearing
Sometimes a prior job is actually more than one job at the same time. You were both a nurse supervisor and performed the duties of an RN. You were both a carpenter and a construction supervisor. These are called composite jobs.
In every disability claim, the SSA must determine (at step 4 of the 5-step
Working on initial disability claims, from the application itself through the DDS review process, is one of the most enjoyable parts of my job as a Social Security disability lawyer.
Most of my practice involves preparing disability claims for hearings before administrative law judges, but a certain percentage of my cases are initial claims or
Multiple Myeloma is a blood cancer that used to be a terminal diagnosis. However in the past 10 years or so, truly amazing advancements have been made in the treatment of this disease. There are new drugs, like Revlimid and Valcade, and autologous stem cell transplants are a treatment option that offers lengthy remissions. I
The patient is doing well.
I wish I had a nickel for every time I read that sentence in a progress note for a patient who is applying for disability benefits.
This statement (and similar language) in a patient’s medical records can cause problems in a disability claim, because it is routinely misinterpreted by those
Binder & Binder, a nation-wide firm of advocates for those seeking Social Security disability or Supplemental Security Income benefits, is roughly $40 million in debt and is preparing declare bankruptcy under Chapter 11, according to the Wall Street Journal.
For those of us who represent clients before the Social Security Administration, this is quite
Substantial Gainful Activity (SGA) is the amount of money you can earn through wages and still be eligible for Social Security disability benefits. The SGA amount is important for two classes of people:
A person applying for disability benefits must have (or be expected to have) a period of 12 consecutive months with wages below
Having a claim for Social Security disability benefits means being out of work (or at the very least, living on a limited income). That often means that a person can no longer afford to live where they were living before, because there is insufficient money to pay the rent or the mortgage.
Some claimants
At the close of a hearing, sometimes post-hearing argument is needed. Social Security's rules allow for oral and/or written post-hearing argument, upon request. See HALLEX section I-2-6-76.
I prefer to submit a post-hearing brief, rather than make a statement at the close of the hearing. I think a brief has far more impact.
Columbus Day is one of those stealth federal holidays that does not get the attention of Memorial Day or Labor Day. It is relevant for those of us practicing Social Security disability law in the Region 1 (the New England states), because we have a 5-day rule for new evidence.
The 5 days excludes weekends