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Gordon Gates specializes in Social Security disability law, and he handles claims at every level of the Social Security disability claim process. He assists clients with initial applications for disability benefits, with appeals of denied claims, and with hearings by an administrative law judge.

Gordon has successfully appealed unfavorable administrative law judge decisions the Social Security Appeals Council and to U.S. District Court (District of Maine) to have those claims remanded for new hearings.

Gordon attended Maine Maritime Academy and Tulane University Law School. At Tulane, he served as Senior Articles Editor of the Tulane Law Review and graduated magna cum laude. He was admitted to practice law in Maine in 1991. Since 2005, he has concentrated his law practice on Social Security disability and SSI cases.

Gordon is the publisher of Social Security Disability Lawyer, a nationally-read legal blog. He presented at the Fall 2010 conference of National Organization of Social Security Claimants' Representatives (NOSSCR) on the topic of Writing Hearing Briefs for the ALJ.

Reconsideration is an intermediate step in the Social Security disability claim process. If DDS denies your initial claim and you appeal, the claim goes right back to DDS for Reconsideration. In 5 out of 6 claims, DDS just denies the claim again. For these claimants, Reconsideration is an unnecessary detour on the way to

This site is intended to be a resource for those looking for help with Social Security disability and SSI claims. As the site has grown, it has become more difficult to find that particular post on the exact topic your are researching. So I have added a search box to the sidebar. Please give it a try!

 

Unemployment insurance and Social Security disability are two separate programs, with different goals. In general, if you are receiving unemployment insurance benefits you are ready willing and able to work, and are not disabled. However, receiving unemployment compensation after your alleged onset date does not preclude a favorable finding for your Social Security disability

Sometimes a prior job is actually more than one job at the same time. You were both a RN and a nurse supervisor. You were both a receptionist and a filing clerk. You were both a carpenter and a construction supervisor. These are called composite jobs.

If your past relevant work included a composite job, it can cause problems with your Social Security disability claim. The SSA must determine, at step 4 of the 5-step sequential evaluation process, whether you have the residual functional capacity to perform your past relevant work. Not only does Social Security consider your ability to do your past work as you performed it, but also as generally performed. And this is where the composite job can cause problems with a claim.

Typically, in the short space available on the work history report, you only give the job title for part of your composite job. Then you describe what you had to do. Social Security may find that you can’t do the job as you describe it, buy can still do that job as generally performed. The problem is that the “generally performed” analysis does not consider the composite nature of the job. The SSA will just use the job title that you gave in your work history report to determine how the job is generally performed in the Dictionary of Occupational Titles (DOT). If that past job was a composite job, this approach is incorrect under Social Security’s own rules.Continue Reading Past Relevant Work: the Composite Job

 

I like to submit a current medications list prior to a Social Security disablity hearing. Although a claimant's medications can usually be found in the medical records, it is very handy to have the meds listed in one place. 

Filing a medications list is a nice final update to the disability claim file, and it is a gesture

 

A reader of this site had this question: should i still appeal my ssdi denial if i did not meet the sga requirement?

The answer is: probably not, but maybe yes. Let's take a look at each part of the answer.

Probably not: If you are working above the level of substantial gainful activity (SGA)

When talking with Social Security disability claimants, I often hear a statement like "I can't work because I have been diagnosed with bipolar disorder" (or degenerative disc disease, or fibromyalgia). The claimant makes the statement like the matter is settled. The reasoning seems to be: since there is a doctor's diagnosis of my impairment, my disability claim should

Charles Hall, Esq. knows a thing or two about running a Social Security disability law practice. He is a past president of the National Association of Social Security Claimants’ Representatives (NOSSCR), and he publishes a widely-read blog, Social Security News.

In a recent blog post entitled New Kid On The Block, Mr. Hall addresses the latest “national” law