For those with Workmen's Compensation (WC) benefits who are awarded Social Security disability insurance (SSDI) benefits, there is an offset for the SSDI benefits.
The applicable regulation is 20 C.F.R. 404.408. It states that if the total of WC and SSDI are more than 80% of your average current earnings (ACE), then the SSDI
Social Security uses a 5-step sequential evaluation process to evaluate disability claims.
The most important task for a disability lawyer is to formulate a complete and detailed theory of the case, which covers all five steps of the sequential evaluation.
If you cannot articulate why each step of the sequential evaluation should lead to a
There is a good article by Nebraska disability law attorney Timothy J. Cuddigan in the September 2012 Social Security Forum, a newsletter for NOSSCR members.
Mr. Cuddigan suggests using a checklist for hearing preparation. Here is what he says:
Checklists help pilots prepare for a safe flight and surgeons avoid complications during an operation. Real estate closings
The Medical-Vocational Guidelines are used by Social Security to determine disability due to exertional impairments at step 5 of the sequential evaluation process.
The guidelines, or the “grids,” consider a claimant’s exertional level (that’s the medical part) and the claimant’s age, education and work history (the vocational factors). Depending upon these medical-vocational factors, the SSA
As I talk with prospective clients, they frequently start with the premise that they are disabled because they cannot perform their past work. That is a good start, but it is not enough to obtain Social Security disability benefits. You must also be unable to perform other work.
I have written about this topic
I have had several claims granted recently at the initial level. These claims were determined quickly and favorably because (in my opinion) an attorney was involved very early in the claim process.
Fees tend to be much lower for these claims. A contingency fee is charged based upon the past due benefits, and the
Every other Friday, I highlight recent articles of note regarding Social Security disability:
In a Social Security disability claim, you want to be specific when describing your symptoms and resultant functional limitations. Remember these three words when developing evidence about symptoms: frequency, severity and duration.
Whether you are talking about physical pain/fatigue, or mental health symptoms, these are the 3 things you must describe with medical evidence
Each month, I shine the spotlight on a previous post that discusses an issue regarding Social Security disability law that remains highly relevant today.
It is more important than ever to make your disability claim as strong as possible for your hearing. One aspect of developing the claim file that is often overlooked is a
There is a new scholarly paper discussing Social Security disability and obesity: Mirror, Mirror on the Wall: Stigma and Denial in Social Security Disability Hearings by Professor Chris Pashler (follow the link to read the abstract and/or download a free PDF copy of the paper).
Professor Pashler argues that the stigma attached to morbid obesity