As I talk with clients and prospective clients, and dig into the evidence supporting a claim for disability benefits, clients sometimes say something like this: “I don’t understand why my claim wasn’t approved, I have a friend/neighbor/acquaintance who got disability benefits right away, and there is nothing wrong with him/her.”
I have heard variations of
In case you missed it, reprinted below is Charles Martin’s excellent February 2nd, 2012 USA Today op ed article defending the Social Security disability program and the role played by claimant representatives. Mr. Martin is the President of the National Organization of Social Security Claimants’ Representatives (NOSSCR).
Social Security Disability Insurance remains a vital lifeline
Photo: Bridget during our Florida vacation
Every other week, I publish links to notable articles regarding Social Security disability law:
I got one of those sad calls this week from a person who attended her administrative law judge (ALJ) hearing unrepresented. A friend of hers told her that she did not need a lawyer, and she took that advice.
Her expectation, completely unrealistic, was that she would go to the hearing, tell the judge
New Social Security Ruling 11-1p requires a claimant to choose between appealing an unfavorable ALJ decision and reapplying for benefits. In the words of the ruling:
we will no longer process a subsequent disability claim if you already have a claim under the same title and of the same type pending in our administrative review process.
With many Social Security administrative law judges allowing fewer claims at the hearing level, the initial application for disability benefits deserves much more attention. The allowance rates from the state DDS agencies are just as high as the allowance rate of some ALJs. That means that your initial application is more important than ever. The
Photo: our dog Peppermint on the Bridle Path in Kennebunk
Every other Friday, I publish links to notable articles regarding Social Security disability law:
HALLEX section I-2-6-76 provides:
The Social Security regulations provide that, upon request, the ALJ shall allow claimants a reasonable time to present oral argument, or file briefs or other written statements of fact or law. Absent special circumstances, the ALJ need not fix a time limit on oral argument. Oral argument should be recorded and
California disability lawyer Geri Kahn recently wrote a thoughtful blog post entitled The top four reasons why Social Security Disability cases are denied at the initial and reconsideration stages of review. Geri is referring to Disability Determination Services (DDS), the agency funded by the SSA in every state to make the initial and reconsideration determinations on disability
Here is the first 2012 edition of the Disability Blog Roundup, which provides links every other week to notable articles regarding Social Security disability.
Please also check out my best blog posts of 2011, if you haven't done so already.