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
Best Practices
Social Security updated its Best Practices for Claimants’ Representatives in April 2023.
This list of best practices is required reading for Social Security disability lawyers. It is worth revisiting every now and then. Please take a look.
Trial Work
Trial work is a program that applies to people already entitled to Title II disability benefits. Sometimes Title II recipients will attempt to return to work to see how it goes. Social Security encourages this, and allows a 9-month period for a person to still receive disability benefits while testing their ability to work. However
Write a mini-brief for the disability examiner
I have started writing short, one-page letters to the disability examiners at the initial or reconsideration level, setting forth my theory of the case. The letter briefly describes the claimants limitations, and then makes the vocational analysis based upon the claimant’s work history. For many years I have written detailed briefs for judges at the
Licensure and Past Relevant Work
Social Security assesses your ability to perform your past relevant work at step 4 of the sequential evaluation process.
Social Security will evaluate your ability to do the physical and mental activities that were required to perform your past work. The SSA will not consider whether or not you could actually get a job
Juneteenth 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