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
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
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
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
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
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
Drafting a brief is an endeavor that
At the close of a hearing, sometimes post-hearing argument is needed. Social Security’s rules allow for oral and/or written post-hearing argument, upon request. See HALLEX section I-2-6-76.
I prefer to submit a post-hearing brief, rather than make a statement at the close of the hearing. I think a brief has far more impact.
The annual NOSSCR conference will be in Washington, DC next week, beginning Wednesday, May 3rd. I am a sustaining member of NOSSCR, and will be there.
The NOSSCR conference is always a good chance to learn, and to get perspectives from others around the country who also specialize in Social Security disability law.
Please say
Most disability claims are decided on a medical-vocational basis. Sometimes too little attention is paid to the vocational part of the analysis.
At Social Security disability hearings, the administrative law judge will typically give the DDS residual functional capacity assessment as the initial hypothetical question to the vocational expert (VE) at the hearing. I have