Every other Friday, I round up notable articles regarding Social Security disability.
It has been a little over four months since I published my ebook, entitled 10 Steps to Prepare for Your Social Security Disability Hearing. Those who are waiting for their Social Security disability hearings will find helpful information in the book, and can learn how to make their claims stronger.
Although I wrote the
I came across a Social Security disability law blog recently, and liked what the lawyer had to say. Check out the North Carolina Social Security Disability Attorney blog by Vaughn Clauson.
I enjoyed the blog because the author provided his opinion and insight regarding many of the topics of his posts, rather than just reciting
Photo: Bridget with a red polkadot bow
Best wishes for a Happy Thanksgiving!
Thanksgiving is my favorite holiday, and we have a wonderful group of family and friends coming to our home for Thanksgiving dinner.
Our law offices will be closed for the long Thanksgiving weekend.
There is a truly excellent decision by Connecticut U.S. District Court Judge Mark Kravitz on the topic of medical expert testimony by telephone at a Social Security disability hearing. The case is Edwards v. Astrue (D. Conn. August 10, 2011). Download Edwards v. Astrue.
Kudos to New York attorney Jeff Delott, who wrote about the Edwards decision recently on his legal blog, after learning about it at the Second Circuit meeting at the Fall NOSSCR Conference. Please read Jeff's post about the Edwards decision.
The Edwards decision concerns telephone testimony by a medical expert witness. Sometimes an administrative law judge arranges for a medical expert (ME) to testify at a disability hearing. A medical expert is always a doctor, when the issue is the claimant's physical impairments. The ME is usually psychologist when an opinion regarding the claimant's mental impairments is desired (occasionally, both a doctor and a psychologist will appear at a hearing). A medical expert is available to assist the judge to determine a claimant's medically determinable impairments, and whether or not a medical condition meets or equals a listed impairment. Frequently the ME will offer an opinion on the claimant's functional limitations.
Certain judges use medical experts more often than others. We disability lawyers know which judges typically utilize medical experts, and we know the medical experts who routinely testify in our locale.
Sometimes the medical expert is not going to be friendly to the claimant's cause. There are some bad apples out there in medical expert land, who are known to consistently (and often forcefully) testify that a claimant's impairments do not meet a listing and do not impose disabling functional limitations. When the judge lines up a "bad apple" expert to testify at your hearing, you know you have an uphill battle.
Since these bad apple medical experts tend to testify at hearings all over the country, they almost always testify at the hearing by telephone. Which brings us to Edwards v. Astrue, and Judge Kravitz's truly excellent decision. Continue Reading Medical Expert Testimony by Telephone at an ALJ Hearing
Photo: Bridget in her room
Every other Friday, I highlight notable articles on the topic of Social Security disability.
I had a discussion with a colleague recently about acceptable medical sources for mental impairments. This issue is part of proving a Social Security disability claim. So, for the purpose of this post, let’s assume that a person aplying for disability suffers from severe depression. Who is qualified to diagnose that depression?
For a starting place, the Social Security Act requires a medically determinable physical or mental impairment as the basis for a finding of disability. The regulations specify that a medically determinable impairment must be established by an acceptable medical source. So to have the depression recognized as a severe impairment at step 2 of the sequential evaluation, it must be diagnosed by an acceptable medical source.
In my view, any physician (or a psychologist) can diagnose depression (or another mental impairment) as an acceptable medical source under the regulations.
My colleague had the viewpoint that the depression diagnosis must come from a psychiatrist or psychologist, who deal with mental issues all the time. In support of this position, my colleague noted that the DDS state agencies use psychologists instead of M.D.’s to determine mental MDIs and resultant functional limitations. Furthermore, at the hearing level, a psychologist or psychiatrist is used as a medical expert on the issue of a claimant’s mental impairments, and a “regular” doctor is used to evaluate a claimant’s physical impairments. So my colleague’s view is that a plain vanilla primary care physician is not an acceptable medical source to diagnose depression.
Let’s see what the regulations say.Continue Reading Acceptable Medical Sources for Mental Impairments
Today is 11/11/11. Best wishes for Veterans Day.
How long does it take to decide a Social Security disability claim in Maine?
The initial consideration of your claim usually takes 4-5 months.
If your claim is denied, Maine uses an intermediate Reconsideration step in the disability claim process. The Reconsideration process currently takes another 4-5 months in Maine. Most Social Security disability claims are
Law firms practicing Social Security disability law come in all shapes and sizes, from "nation-wide" practices to one person offices. Is there a right size? In my view, a law firm should be “right-sized” for the needs of its clients.
More important than size however, is the distinguishing characteristics of the lawyer and firm. Look for