NOSSCR has published the state-by-state statistics for Social Security allowance rates in 2008. Charles Hall has republished the state-by-state numbers on his blog, Social Security News.
In Maine, 35.7% of Social Security disability claims were allowed at the initial determination. At the Reconsideration level, 15.5% of the claims appealed after the initial denial were
The SSA's website has an excellent tool for those considering whether or not to apply for Social Security disability benefits.
The Disability Planner has many pages of helpful information regarding Social Security protection if you become disabled. It is worth a visit, and the site is easy to navigate.
I have added a link the
A medical source statement is an important piece of evidence in a Social Security disability claim. The opinion of your treating doctor regarding your functional limitations should be given controlling weight by the SSA, if the opinion is not inconsistent with the other substantial evidence in the case record. 20 C.F.R. 404.1527(d)(2).
Social Security has
There is a little known Social Security benefit called the Adult Child Disability benefit. I took on one such claim this week, for the first time in quite a while.
An adult disabled before age 22 may be eligible for child's benefits if a parent is deceased or receives retirement or disability benefits. The SSA considers this
I just submitted a critical case request for a Social Security disability claim here in Maine. A critical case request asks Social Security to expedite a particular claim.
There are three situations that constitute critical cases: 1) the claimant's illness is terminal, 2) the claimant is suicidal or homicidal, and 3) dire need.
Dire need
The Seventh Circuit recently decided that judgment is not a job skill for the purposes of a Social Security disability claim.
In Villano v. Astrue, __ F.3rd __, No. 08-2150 (7th Cir. Jan. 26, 2009) the Seventh Circuit Court of Appeals stated:
In determining whether the claimant can perform jobs that exist in significant
This search query brought a reader to this site today: how strong does your case have to be to request an on the record decision?
An on the record request asks Social Security to grant your case "on the record" without a hearing. This request is for claims awaiting a hearing at Social Security's Office
I am asked this question on a regular basis: Should I apply for Social Security disability benefits?
People who unable to work and are thinking about filing a claim for disability benefits will often contact me. They don't know how the Social Security system works, and perhaps they have heard some horror stories about the
Disability Determination Services (DDS) is the state agency that makes the initial and reconsideration determinations on Social Security disability claims.
I saw three different claims denied at the reconsideration level this month. All involved chronic pain. All were productive people prior to developing debilitating medical conditions. All had terrific medical source statements from the treating physician, which were ignored by DDS. I just don’t understand these denials. I expect all three of these claims to be granted at the hearing level.
There seems to be a real disconnect at DDS when evaluating disability claims that involve chronic pain. For some claimants, such as those with back problems or those with fibromyalgia, it is the chronic pain that prevents that person from working.
Maybe there is an empathy gap at DDS, or perhaps better training is needed. I don’t know. There certainly seems to be a disregard (or a skewed interpretation) of Social Security regulation 20 C.F.R. 404.1527(d)(2) and related Social Security Ruling 96-02p, which require that controlling weight be given to a treating physician’s opinion, if that opinion is not inconsistent with the case record. Continue Reading DDS and Claims Involving Chronic Pain
The Portland, Maine hearing office has an average processing time of 258 days for Social Security disability claims, according to the latest backlog report distributed by NOSSCR. Of the 150 hearing offices around the country, Portland's processing time is the second shortest. Congratulations to Philip Smith, the Hearing Office Director, to the administrative law judges, and