The National Organization of Social Security Claimants' Representatives (NOSSCR) has launched an excellent new website. It is definitely worth visiting.
I particularly like the new Myths/Facts section. There is quite a bit of misinformation out there about the Social Security disability program. The new NOSSCR website helps to set the record straight.
Every now and then, you just have to savor a victory.
I had a hearing recently in Boston for a client with severe symptoms of chronic lyme disease, and the claim has now been granted. I spent a great deal of time working on the case, and even more time worrying about it as
Social Security published today new Ruling 12-02p, which is called “Title II and XVI: Evaluation of Fibromyalgia.”
Upon first read, the ruling seems to raise the bar for fibromyalgia as a medically determinable impairment. The ruling states:
We cannot rely upon the physician’s diagnosis alone. The evidence must document that the physician reviewed
For the forseeable future, it appears that ALJ allowance rates for disability claims will be lower than they were from 2005 through 2010. Time will tell where falling allowance rates stabilize. My prediction is that we will see the rate of favorable decisions level off at about 50% nationally.
What does this new environment mean for
With June well behind us, we are halfway through the calendar year and three-quarters through the Fiscal Year for Social Security, which ends September 30th. It is a good time for a look around, to see where we are with Social Security disability claims in the current political and economic climate.
I started the year
When I talk with clients and potential clients, I often hear stories about their inability to find work. Unfortunately, whether or not you can realistically get hired for a job is not a consideration for Social Security disability benefits. Instead, the SSA must find that you are unable to work before you will be awarded
When Social Security denies a claim for disability benefits at the initial or reconsideration level, the SSA provides a personalized "Explanation of Determination," usually on the last page of the denial letter. The denial letter is otherwise a form letter. Often my first contact with a prospective client is after that person has received a letter
In the New England states, we are fortunate to receive 75-day notice of disability hearings. This is a carry-over of the DSI process which was implemented in SSA Region I. We also must submit evidence 5 business days ahead of the hearing. See 20 C.F.R. 405.331. In the rest of the country, you only receive 20 days notice of administrative law judge hearing, but you can bring new evidence to the hearing, and it must be considered by the ALJ.
Ideally, all your evidence is submitted well ahead of the hearing. This is one of the best practices of Social Security claimants' representatives. Nevertheless, sometimes there is an important piece of evidence, usually a medical record or a treating doctor's opinion, that could not be obtained earlier.
The regulation specifies 5 business days. Weekends and holidays are not counted. And when counting the 5 days, our judges at the Portland, Maine ODAR do not count the day of the hearing. As a result, the 5-day rule is really an 8-day rule. For a hearing that is held on a Thursday, your evidence must be received by Wednesday of the previous week. This is a trap for the unwary.
Continue Reading In New England, the 5-day rule is really an 8-day rule
Photo: Bridget and cousin Grace at the beach
Every other Friday, I link to articles of note regarding Social Security disability.
The Work History Report is important to your Social Security disability claim, because most cases are decided on a medical-vocational basis. Everyone understands the medical part, which is your health conditions (including mental health conditions) that prevent you from working. However, the medical aspect is only part of the disability analysis.
The other part of the disability analysis is the vocational part, which is your work history as described in the Work History Report, as well as your age and education.
The Work History Report is particularly important to claimants who are approaching age 55, or older. These disability claims tend to focus on the ability to do your past work, and whether or not you have acquired transferable skills. As a result, the Work History Report takes on a monumental importance, because it will be used to assess the physical and mental requirements of your past work.
Avoid Common Mistakes
Claimants often spend all their time on the first page of the report, which asks you to list the jobs performed during the past 15 years, and the dates of employment. People labor over this part, but then when they get to the pages asking them to describe the requirements of each job, they speed through and are not meticulous or thorough. This is a mistake.
The pages of the report that ask you to describe the requirements of your past work are the important part of the work history report. If you do not describe the work requirements accurately, Social Security may conclude that you can still perform that past relevant work. You should fully describe all of the requirements of the work you have performed in the past 15 years. Continue Reading How to fill out a Social Security Work History Report