Social Security has published a proposed rule that shortens the lookback period for past relevant work (PRW) from the current 15 years to a 5 year period. The proposed rule would recognize that claimants often do not remember the details of a job held 15 years ago. Further, that past job has limited relevance to
Social Security issues Ruling 23-1p
One thing I really don’t like about
Hearing Format Election Form
NOSSCR developed a “Hearing Format Election Statement,” which is an excellent one-page, fillable form that contains all four types of hearing modalities (in-person, VTC from the hearing office, telephone, and online video) and allows for a simple way to notify the hearing office of how the claimant wants to appear at their hearing.
Using NOSSCR’s
Rule change to PRW period of 5 years
Social security has published a proposed rule which would reduce the period for past relevant work (PRW) from 15 to 5 years. The proposal is the result of a great deal of research by Social Security, and it presents a practical improvement to the disability adjudication process.
The proposed rule is currently in the comment
My favorite e-mail to write
One of the quirky things about disability claims at the initial and reconsideration levels is that Social Security does not send you a letter when you are awarded disability benefits. A denial letter is quickly sent if a claim is denied, but not so with claims that are allowed. A letter is sent
Columbus Day Federal Holiday – 5 day Rule
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
SSA proposes reducing the PRW period from 15 to 5 years.
Social Security published today a proposed rule change to “revise the definition of past relevant work (PRW) by reducing the relevant work period from 15 to 5 years.” Here is a link to the proposed rule.
This would be a significant (and welcome) change to the disability evaluation process. It would be a
Use of a Cane and Social Security disability
I have clients who need to use a cane when walking or standing. Often the cane is for balance, but sometimes also due to weakness in the legs, or drop foot. Social Security has policy on the vocational impact of the need to use a cane or other handheld assistive devices (such as a walker).
Make money on the herd, not the cattle
I attended a seminar session last year in Austin, Texas on the topic of helping those applying for Social Security disability benefits with their initial applications. The lawyer making the presentation said that, like a rancher, a lawyer should “make money on the herd, not on the cattle.” Translation: Don’t look at the potential
Disabled Adult Child (DAC) Benefits
An adult disabled before age 22 may be eligible for child’s benefits if a parent is deceased, or receives Social Security retirement or disability benefits. The SSA considers this a “child’s” benefit because it is paid on a parent’s Social Security earnings record. Here is the disability page on the SSA website (scroll down to