I recently had a disability case with a judge from the Albany hearing office. That judge sends out a letter 30 days before a scheduled hearing setting his expectations for evidence at the hearing. I really liked the letter. It is not standard practice for most judges to send a prehearing letter like this, at
New PRW Rule will eclipse Barnhart v. Thomas
In Barnhart v. Thomas, 540 U.S. 20 (2003), the Supreme Court held that past relevant work (PRW) does not have to exist in significant numbers in the national economy to be considered at Step 4 of the Social Security sequential evaluation.
Here is the story: Pauline Thomas worked as an elevator operator for
PRW reduced to 5 years
Social Security published a final rule in today’s Federal Register, reducing the period for past relevant work (PRW) from 15 years to 5 years. The rule becomes effective June 8, 2024.
Step 4 of the disability sequential evaluation considers a person’s ability to perform their past relevant work (both as actually performed and as generally
Missed days at work – Sczepanski v. Saul
There is an interesting wrinkle on the issue of missed days at work in the Second Circuit case of Sczepanski v. Saul, 946 F. 3d 152 (2nd Cir. 2020). That case probably merits wider attention.
During the ALJ hearing in that case, the vocational witness was asked about tolerated levels of missed days, specifically
Missed days at work
Often at a Social Security disability hearing, there is testimony from the claimant and the vocational witness about missed days at work.
Many disability claims at the hearing level are decided on the basis of missed work days. This is because a claimant’s symptoms and limitations often do not fit neatly into Social Security’s physical
Fee Cap to be raised to $9,200
The fee cap imposed by Social Security on the 25% Representative contingency fee for direct payment of successful disability claims will be raised from $7,200 to $9,200 this Fall. Here is the press release from Social Security.
Update: the fee cap will be raised effective November 30, 2024.
Evidence from nonmedical sources
Social Security relies primarily on medical evidence to evaluate disability claims. However, they also look at nonmedical evidence, including the forms that claimants complete during the disability evaluation process. See 20 CFR 404.1513(a)(4).
Nonmedical evidence can also include a statement from parent, spouse, other family member, or a friend. That statement is typically 1
Check sheet for “on the record” requests
Social Security now provides a check sheet, in the form of an online fillable PDF, for on the records requests.
An “on the record” (OTR) request asks Social Security to grant your case on the record without a hearing. This request is for claims awaiting a hearing at the Office of Hearings Operations (OHO). On the
Allowance Rates for Disability Claims
- 62% in 2010
- 58% in 2011
- 53% in 2012
- 48% in 2013
- 45% in
Fiscal Year 2023 Waterfall Chart
Each year, the Social Security Administration releases statistics about the disability and SSI programs in an easy-to-understand format, called the “waterfall” chart. The waterfall chart shows the percentage of claims approved and denied at the various levels of review.
The chart shows what claimants can expect, statistically, for their claim for Social Security disability benefits.