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
Winning at Reconsideration
Reconsideration is the next step in the Social Security disability adjudication process for those who are initially denied after applying for disability. As the waterfall chart shows, obtaining disability benefits at Reconsideration is the exception, rather than the rule.
I have written before about winning at Reconsideration. That earlier post discusses additional medical evidence
Title II Waiting Period
When you are awarded Social Security disability benefits, you do not receive benefits beginning on your onset date (which is the date you became disabled, and were not working). Rather, there is a 5-month “waiting period” before benefits accrue.
As a practical matter, however, it is often a 6-month waiting period. This is because the
5-day Rule – Memorial Day
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
15 year Blogiversary
My first post on this blog was 15 years ago today! It is hard to believe that 15 years have gone by. Both personally and professionally, much has changed since I began.
Personally, I was newly married when I started the blog. We had just bought a house. We now have a 13 year old
Reasons to Write a Hearing Brief
Drafting a brief is an endeavor that