Remember that you can submit a statement from a spouse, parent or friend in support of a disability claim. 20 CFR 1513(d)(4) states that Social Security will consider evidence from other non-medical sources (for example, spouses, parents and other caregivers, siblings, other relatives, friends, neighbors, and clergy).
When you have the right person with…
The Social Security Administration has released its “waterfall” chart for Fiscal Year 2010. These are very recent statistics.
At the Initial application level, on a nation-wise basis, 35% of disability claims were allowed, and 65% were denied. At the Reconsideration level, of the denied claims that were appealed, just 13% were allowed, and 87% were…
At a Social Security disability hearing, sometimes it is very clear that the claim should be granted. In such cases, a bench decision is available to the administrative law judge. A bench decision must be a fully favorable decision.
The last two hearings attended by my colleague Collette Cushing both resulted in bench decisions. A…
In a Social Security disability case, the record often contains a Residual Functional Capacity (RFC) or a medical source statement that sets forth limitations like these: lifting and carrying 10 pounds occasionally and less than 10 pounds frequently, standing and/or walking for about 2 hours in an 8-hour work day, sitting about 6 hours in…
There is a great expression that you sometimes see in federal court decisions that are reviewing Social Security administrative law judge (ALJ) decisions. It goes like this: “The ALJ failed to build a logical bridge from the evidence to his conclusions.” See, e.g., Gaylor v. Astrue, No. 07-2206 (7th Cir. Sept. 8, 2008)(link opens…
I am pleased to begin the new year by welcoming Collette Cushing to this blog. Collette joined my law office last year as of counsel. She has extensive experience with Social Security disability hearings. Look for Collette's posts, in addition to my own, in the future.
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I am asked what to expect at the…
A lawyer's principal task at a disability hearing is to persuade the judge that the claimant can't work due to his or her medical condition. The judge, having reviewed the medical record and the rest of the file, must agree that the claimant cannot work or meets a listed impairent.
This task of persuasion starts…
Every now and then I submit a statement from a spouse, parent or friend in support of a disability claim. 20 CFR 404.1513 states that Social Security will consider evidence from other non-medical sources, such as a spouse or a parent.
In an appropriate case, where you have the right person with the right story…
Every now and then I see a New Hampshire disability claim where the only physical RFC in the record is from a single decisionmaker. That means the RFC assessment from DDS was not completed by a doctor. At the hearing level, a single decisionmaker RFC should be placed with the jurisdictional documents in the "A"…
Loyal readers know that I am a strong proponent of the hearing brief, which is filed into the record ahead of a Social Security disability hearing to assist the judge in the evaluation of the claim. Sometimes a post hearing memorandum is also called for.
In my experience, a post hearing memorandum is needed…
