Social Security recently changed its rules regarding videoteleconferencing (VTC), and is now sending notices regarding VTC at an early stage of the hearing level. The new notice requires a decision within 30 whether or not to object to a video hearing. Previously, the objection to VTC was not made until the time a hearing was
Gordon Gates
Gordon Gates specializes in Social Security disability law, and he handles claims at every level of the Social Security disability claim process. He assists clients with initial applications for disability benefits, with appeals of denied claims, and with hearings by an administrative law judge.
Gordon has successfully appealed unfavorable administrative law judge decisions the Social Security Appeals Council and to U.S. District Court (District of Maine) to have those claims remanded for new hearings.
Gordon attended Maine Maritime Academy and Tulane University Law School. At Tulane, he served as Senior Articles Editor of the Tulane Law Review and graduated magna cum laude. He was admitted to practice law in Maine in 1991. Since 2005, he has concentrated his law practice on Social Security disability and SSI cases.
Gordon is the publisher of Social Security Disability Lawyer, a nationally-read legal blog. He presented at the Fall 2010 conference of National Organization of Social Security Claimants' Representatives (NOSSCR) on the topic of Writing Hearing Briefs for the ALJ.
Dedicated to Changing Lives
Welcome! This site is written for Social Security disability claimants, for their legal representatives, and for the network of people involved in the Social Security disability claim process. I hope you find it helpful.
If you would like assistance with your Social Security disability claim, please contact Gordon Gates or complete a Free Claim Review form
…
Characteristics of a great Administrative Law Judge
I had a hearing recently with a terrific Social Security administrative law judge. The experience got me thinking about the characteristics you want in a judge. Here are a few:
Good listener – the purpose of a Social Security disability hearing is to take testimony from the claimant. You want a judge who is actively…
The 2013 Waterfall Chart
Each Spring, the SSA releases statistics from the previous fiscal year in an easy to understand format, the “waterfall” chart. The chart shows the percentage of claims approved and denied at the various levels of review.
The latest chart shows that allowed claims are down at every level of review, and Appeals Council remands are…
ECT and Social Security disability
Severe depression is a basis for Social Security disability. Depression is analyzed under listed impairment 12.04.
Sometimes a patient's depression is so deep, and/or so unresponsive to medication, that electroconvulsive therapy (ECT) is prescribed. It is not a procedure to undertake lightly, because the risks and potential side effects can be significant.
Having representing…
Get your doctor’s opinion
When the SSA reviews your initial disability claim, it obtains your medical records, and determines your residual functional capacity after analyzing those records. The problem with this approach is that the SSA does not obtain your doctor's opinion about your limitations. Rather, the SSA reviews your medical records and makes its own determination.
However, a…
Social Security Statement available online
Until a few years ago, we all used to receive a Social Security statement in the mail each year. The statement contains a record of the earnings upon which you have paid Social Security taxes over the years, and an estimate of the benefits you may earn as a result.
To save money, these statements…
Winning at Reconsideration
Many clients make first contact with me after receiving a denial letter for an initial application for Social Security disability benefits. It is crucial to appeal the denial of your benefits right away.
After an appeal, the next step is Reconsideration. At Reconsideration the claim goes back to DDS, but gets assigned to a…
ALJ hearing: preparing your testimony
I have a whole booklet about preparing your case for a Social Security disability hearing (you can download a pdf of the booklet for free). This post concerns preparing your testimony for the disability hearing.
You should expect to testify at your hearing, and that testimony can be critically important to your claim. One of…
Compassionate Allowance – Spinocerebellar Ataxia
For several years, Social Security has had a list of medical conditions that qualify for compassionate allowances. If you have one of these diagnoses and have stopped working, then the SSA has an expedited process to establish disability.
In general, compassionate allowance claims are granted before a disability lawyer ever becomes involved. So it…