An error in the Explanation of Determination attached to your denial letter can present an opportunity for your Social Security disability attorney to practice some legal jujitsu. The error can be used to support an argument for reversal at the next stage of review. This argument is the most powerful when, but for the error in analysis
Contact Gordon Gates
For more information about working with me, with no obligation whatsoever, simply email me, complete the contact form, or call me.
Please feel free to call me on the telephone. I would be happy to discuss your disability claim. Some people call me when they are trying to decide whether or not they should file
Social Security offices closed today
Federal offices, including Social Security offices, will be closed Monday in honor of Martin Luther King Day.
And when you go into a federal building on Tuesday, there will be a new portrait on the wall. I will definitely visit my local Social Security office on Tuesday to see it.
Social Security Denial Explanations
When Social Security denies a claim for disability benefits at the initial or reconsideration level, the SSA provides a personalized "Explanation of Determination" on the last page of the denial letter. The denial letter is otherwise a form letter.
The information or analysis in these explanations is often erroneous. As noted by Charles Hall in Social Security
Go to a Specialist
Colorado Springs disability lawyer Tomasz Satasiuk has published an article on his Colorado Social Security Law blog entitled Should I see a specialist when applying for Social Security Disability?
Tomasz and I agree that the answer is: YES!
Depending upon your impairment, a specialist's opinion can be very important both for your medical care and
Attorney fees
I am frequently asked questions about attorney's fees from prospective Social Security disability clients. This is understandable. Many claimants are unfamiliar with the contingency fee arrangement used for Social Security claims. Some are concerned that retaining an attorney will cost them money at a time when they are not working and need every penny.
To explain how attorney fees are handled
About Attorney Fees
You do not need any money to hire me to represent you before the Social Security Administration. Attorney fees for a Social Security disability or SSI claim are contingent on winning the claim. That means that you pay a fee only if you win, and when you are awarded benefits. You pay no fee
More on the 11 Percent ALJ
My colleague Colorado Springs attorney Tomasz Stasiuk has authored a terrific response to the 11 Percent ALJ on his Colorado Social Security Disability Benefits Law blog.
Tomasz examines five of the points made by the 11 Percent ALJ, and persuasively knocks down all five. His article is a must read for anyone involved in the
The 11 Percent ALJ
The publication of the ALJ database has been on my mind over the New Year's holiday weekend. It has been a unique opportunity for us Social Security disability lawyers to compare our impressions of the ALJs we see against an objective standard.
For example, I learned that a judge whom I consider to be a tough judge had the same claim allowance rate as a judge from another state whom I considered to be a more claimant-friendly judge. I am still thinking about that.
As I explored the database, I was shocked to learn that there were Social Security administrative law judges with approval rates as low as 11%. {update: This was in 2007, which is the most recent year for which complete statistics are available.}
I am very troubled by that statistic. Somewhere there is a judge, deciding hundreds of Social Security claims a year, who made fully or partially favorable decisions in just 11 claims out of a hundred. 11 out of 100! Meanwhile, the overwhelming majority of this judge's colleagues have claim approval rates somewhere well north of 50%.
So I have been thinking: what sort of a person grants just 11 claims out of a hundred? Continue Reading The 11 Percent ALJ
The ALJ Database
I have added a link the The Oregonian's searchable ALJ database to the sidebar of this blog. You can find it under "Resources of Note." I shall maintain the link for as long The Oregonian keeps the database available.
Knowing a judge's stats is just one factor. It is also important to know how a