A claimant's school records can often provide valuable evidence in a Social Security claim. Obviously, in a child SSI claim, the school records are always necessary. In an adult child disability claim, the school records may help to establish that the disability existed prior to age 22. Likewise, in a case involving listing 12.05
200th Post
This is the 200th post on the Social Security Disability Lawyer blog. I've been thinking about it, and I feel that I just have to acknowledge the milestone.
I did not anticipate this when I began, but the blog has become part of my daily life. My first post was exactly 16 months ago, on
Portland, Maine ALJ Update
The hearing office in Portland has lost an administrative law judge. Judge Stephen Ponticiello left the Portland ODAR this Summer, to return to the Department of Justice. We wish him well. On a personal note, while I only had a few hearings with Judge Ponticiello, I really liked the way that he made claimants feel
Determining Childhood Disability: New Rulings
The SSA has released a excellent set of Social Security Rulings regarding child SSI claims. The Rulings are comprehensive, and offer invaluable guidance regarding determining childhood disability.
SSR 09-1p: Title XVI: Determining Childhood Disability Under the Functional Equivalence Rule —The "Whole Child" Approach
SSR 09-2p: Title XVI: Determining Childhood Disability — Documenting a
The Apologetic RFC
I filed an "on the record" request yesterday for a client with severe Charcot-Marie-Tooth disease. Charcot-Marie-Tooth (named after the three doctors that first identified the disease) is a hereditary neurological disease that affects the peripheral nerves. The resulting peripheral neuropathies cause loss of function and, in the case of my claimant, chronic pain.
The unusual
Timeline for Your Social Security Claim
I am frequently asked about the timeline for a Social Security claim. How long does it take?
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 process. In
Establish Your Functional Limitations
I am still mining the gold from Charles Martin’s excellent set of practice tips, entitled Ten Common Reasons a Hearing or Court Appeal May Be Lost, which appeared in the January 2009 Social Security Forum.
Listed below are three related reasons from Mr. Martin why a hearing may be lost (I have added links for
Maine/New Hampshire Average Processing Times
The latest statistics have been released regarding average processing times in the hearing offices around the country. The Portland, Maine ODAR remains #1 in the country with an average processing time of 274 days. This is a remarkable performance, and the hearing office director, judges and staff at the Portland ODAR deserve kudos for
Sequential Evaluation
An excellent summary of the sequential evaluation process is available online. The summary is excerpted from Social Security Disability Practice by Thomas E. Bush.
Here is the first section to get you started (I have added links for certain terms):
Under the five-step sequential disability evaluation process described in 20 C.F.R. §404.1520 the following must be
Have a Complete and Detailed Theory of the Case
Failure to formulate a complete and detailed theory of the case, covering ALL FIVE steps of the sequential evaluation is the #1 reason that a Social Security disability claim may be lost at a hearing or court appeal, according to Atlanta disability attorney Charles Martin.
Mr. Martin wrote a very helpful set of practice tips, entitled Ten