Appeal your Denied Claim Right Away
If you have received a letter from Social Security denying your disability claim, you need to appeal that denial within 60 days. But there is no reason to wait. Appeal that denial right away, and move on to the next step of the process.
The appeal period is always 60 days, at every level of
The Power of the Hearing Memorandum
I filed a hearing memorandum last week for a claim scheduled to go to hearing this Thursday in Manchester, New Hampshire. I got a call this morning from the judge's assistant, saying that the judge had decided to grant the claim on the record, and would I please notify my client that no hearing
Completing the Work History Report
Many claimants complete the Work History Report (Form SSA-3369-BK) as part of a Social Security disability or SSI application process. However, the importance of the report is often not recognized by claimants. It is usually one of several reports that must be completed, and it seems innocuous. But it's not. In many claims, the work history report is just as important to the determination of disability as the claimant's medical records.
Unless your condition meets a listed impairment, the SSA will make a medical-vocational determination of your claim at steps 4 and 5 of the sequential evaluation. The vocational part of that determination relies heavily on your work history report, because the report helps to establish your past relevant work.
At step 4, the SSA will simply compare your RFC to the requirements of your past work, both as that work is described in the work history report, and as generally performed (see Social Security Ruling 82-61). If Social Security determines that you can still perform your past relevant work, your claim will be denied.
If you do not describe the work requirements accurately, Social Security may conclude that you can still perform that past relevant work. So be sure to fully describe all of the requirements of the work you have performed in the past 15 years. Continue Reading Completing the Work History Report
Disability Blog Roundup
Every other Friday, I publish a selection of posts from the Social Security disability blogs:
- What Does it Mean When a Judge Wants to Change Your Onset Date from the Social Security Disability Blog moderated by Jonathan Ginsberg
- Social Security Ruling 06-03p from the Social Security Disability Lawyer blog published by Gordon Gates
- How do you
Timeline for a Social Security Disability Claim
A Social Security disability or SSI claim has a timeline that can vary from state to state.
The initial consideration of your claim usually takes 4-5 months. If your claim is denied and you appeal, the next step depends upon where you live. 40 states, including Maine, use an intermediate Reconsideration step in the claim
Claimants age 55 and older
The Social Security Administration has special rules for claimants age 55 and over. If you can no longer perform your past relevant work, then Social Security must take your age into account when considering whether or not you can do other work at step 5 of the sequential evaluation. This principle is embodied
Social Security Disability for Claimants age 55 and older
Many people applying for Social Security disability are age 55 or older, and have worked hard for their entire adult life. But now, due to a medical condition, they cannot do their job any longer. Many of these workers are denied benefits when they apply for disability, despite a lifetime of paying into the Social
Portland Maine Hearing Office Processing Time
The latest average processing time statistics for Social Security hearing offices around the country were distributed by NOSSCR in the May 2010 Social Security Forum, a newsletter for its members.
The average processing time for the Portland, Maine hearing office is now 340 days, just over 11 months.
Processing time runs from the date
Manchester Hearing Office Processing Time
The latest statistics for average processing time have been released by the SSA and distributed by NOSSCR in its May 2010 newsletter. The Manchester, NH Social Security hearing office has an average wait time of 416 days, or about 14 months, for a decision.
Processing time runs from the day the hearing office receives your