It's getting harder to get an application for disability benefits approved at the hearing level. I do not like having to say that, but I fear it is true. The early FY 2012 stats already show a decline for several ALJs at my local hearing offices. I expect in a few months, when we see updated
Make a Resolution to Appeal your Denied Disability Claim
It is the time of year for New Year's resolutions. I have made a few for next year.
If you have a disability claim pending with the Social Security Administration, please make the following New Year's resolution: I will appeal my claim immediately if it is denied.
I speak with people frequently who did not
ALJ Unknown
Beginning last week, Social Security's hearing offices do not disclose in advance of a disability hearing the identity of the particular administrative law judge (ALJ) that is assigned to a claim. So your hearing notice will arrive in the mail without stating the name of the judge that will hear the case and decide the claim.
Best Social Security Disability Lawyer Blog Posts of 2011
Here are eleven posts from 2011 that are worth revisiting, or worth reading for the first time if you missed them when originally published:
- The Social Security “Logical Bridge”
- One Residual Functional Capacity, Two Outcomes
- The 2010 Waterfall Chart
- Statement from a Spouse
- A Modest Proposal
- 75-Day Hearing Notice Should be Nationwide
- Top Reasons for
December Social Security Disability Blog Roundup
Photo: Reading on the couch
Every other Friday, I highlight notable articles regarding Social Security disability:
- The Eastern District of California – Fresno Division by Lawrence Rohlfing
- Potential Clients and Representation by Aaron Rifkind
- The Second Time Around by Gordon Gates
- Social Security Disability Benefits: No subsitute for Medicare! by Karen Bojar
- Withholding ALJ Assignment
Become Empowered to be a “Warrior Parent”
The Los Angeles Times is running an excellent series of articles on children with autism. Part 2 of the series, entitled Warrior parents fare best in securing autism services, notes that "not all families have the means to battle for coveted assistance." To get what is best for your child, you often have to fight for
A Doctor’s Opinion
When Social Security receives your disability claim, it reviews your medical records, and makes a determination on your claim. The SSA rarely obtains your doctor's opinion about your work-related functional limitations.
Rather, the SSA makes its own determination of your functional limitations. An in-house doctor infers your limitations from your medical records and the disability claim file, and
Maine and New Hampshire – the Geography of Disability
An excellent report came out of the Daily Yonder blog, entitled The Geography of Disability. The article demonstrates that Social Security disability rates tend to be higher in rural areas. The article also provides state by state disability rates, and offers a national map showing relative disability rates by county, based upon 2009
SSA Conducting more “Continuing Disability Reviews”
I have received several calls lately from individuals who are currently receiving Social Security disability benefits, and have just gotten a letter from the SSA saying that their disability status is being reviewed. Obviously, the receipt of such a letter causes a great deal of concern.
Social Security periodically conducts continuing disability reviews (CDRs)
The Second Time Around
When a Social Security administrative law judge issues an unfavorable decision, and that decision is later vacated upon appeal to the Appeals Council or to federal court, the SSA has a policy of sending the claim back the very same ALJ that denied the claim the first time around. Strange, but true. A HALLEX