- 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.
Timetable for Proposed Rule Change
Last Fall the Social Security published a proposed rule change that would reduce the period of PRW from 15 years to 5 years. As I have said before, I strongly support that change, which would reduce the paperwork burden of disability claims and lead to more realistic determinations.
The Federal Register published today its semiannual
VE Cross for Obsolete Jobs
There is a good article in the January 2024 issue of The Forum (NOSSCR’s monthly newsletter to its members) by North Carolina disability lawyer George Piemonte regarding cross-examination of the vocational expert at hearing regarding obselete jobs listed in the Dictionary of Occupational Titles (DOT). It is reprinted below:
Many times, the VE will list
ERE Status Report now shows claims at Initial and Reconsideration levels
Social Security has added Initial and Reconsideration cases to its status report in Electronic Records Express (ERE).
Here is a screenshot:
The status report now allows a Representative to quickly determine whether or not they have been associated with a particular client’s disability claim file. Previously, we would have to try to access the claimant’s
Reading the tea leaves after a hearing
A hearing with an administrative law judge (ALJ) to determine medical eligibility for Social Security disability benefits usually follows a pattern: opening remarks by the judge and then the claimant’s lawyer, the claimant’s testimony, and then testimony of a vocational witness regarding the claimant’s past relevant work, and whether or not various functional limitations would
Upcoming Federal Holidays
New evidence for Social Security claims must be submitted 5 business days ahead of the hearing. See 20 CFR 404.935(a) and HALLEX I-2-5-13. With a typical weekend, that’s 7 days ahead of the hearing. Holidays, which are of course not business days, must be accounted for as well. So beware the 3-day holiday weekend.
SGA will be $1,550 for 2024
Substantial Gainful Activity (SGA) is the amount of money that one can earn and still qualify for Social Security disability benefits. The amount is adjusted each year for inflation, as shown by this table. In 2023, the amount is $1,470. For 2024, the SGA amount goes up to $1,550.
The SGA amount is important
IRWEs – Impairment Related Work Expenses
If you have monthly earnings above the level of substantial gainful activity, it is problematic for your disability or SSI claim.
For 2023, the SGA amount is $1,470. Earnings over that monthly amount can present real challeges to receiving benefits. Depending upon the circumstances, you can be denied benefits or the benefits you receive
Over age 55 – an easy way and a hard way.
Once you have ruled out your ability to perform your past relevant work at Step 4 of Social Security’s sequential disability evaluation, then at Step 5 of the evaluation Social Security considers your ability to transition to other work, that is less demanding physically or mentally (or perhaps both).
The Step 5 stage