The vocational expert did not comply with the requirements of Social Security Ruling 24- 3p, and the Administrative Law Judge did not otherwise obtain the needed information (see also HALLEX
Welcome! This site is written for Social Security disability claimants, for their legal representatives, and for the network of people involved in the Social Security disability claim process. I hope you find it helpful.
Appeals Council
The best time to draft an Appeals Council Request for Review
By Gordon Gates on
Posted in Appeals Council, Practice notes
We all lose a disability claim now and then. When the claim really should have been granted, the next step is drafting a Request for Review for the Appeals Council. Like most appeals of Social Security disability claims, there is a 60-day deadline for the appeal. But the best time to write a first draft…
Draft new Best Practices for Appeals Council
By Gordon Gates on
Posted in Appeals Council
Social Security is working on an updated version of its Best Practices for Representatives at the Appeals Council (link opens PDF of the new draft). This draft is much more extensive than the current version, and is worth reviewing.
Thanks to NADR for circulating this new draft. If you have comments on the draft…
Appeals Council status report is now online
By Gordon Gates on
Posted in Appeals Council
As of this past weekend, the status of a representative's claims at the Appeals Council is available through SSA's online Appointed Representative Services. Just go to the Electronic Records Express (ERE) homepage, select "Get Status Reports" and then select "Get Appeals Council Status Report." As with the Hearing Office Status Report, you can choose between…
Guide to Requesting Appeals Council Review
By Gordon Gates on
Posted in Appeals Council
The website of the Social Security Administration has a good guide to requesting Appeals Council Review (link opens a 2-page PDF).
Take a look before writing and filing your next AC request for review.
Addressing treating opinion evidence in ALJ decisions
By Gordon Gates on
Posted in Appeals Council, Rulings
I write regularly about the importance of medical opinion evidence in a Social Security disability claim. Hopefully a treating doctor’s opinion helps to persuade the judge that you are disabled.
Whether or not the administrative law judge (ALJ) is persuaded to allow your claim for disability benefits, a treating source opinion triggers certain requirements for…
Ruling 11-1p Particularly Unfair to SSI Claimants
By Gordon Gates on
Posted in Appeals Council
New Social Security Ruling 11-1p requires a claimant to choose between appealing an unfavorable ALJ decision and reapplying for benefits. In the words of the ruling:
we will no longer process a subsequent disability claim if you already have a claim under the same title and of the same type pending in our administrative review process.…
Top Reasons for Appeals Council Remands
By Gordon Gates on
Posted in Appeals Council
The Social Security Appeals Council tracked the reasons for the remands from the 102,062 claims it reviewed in FY 2010, and compiled a list of top reasons for remands. The summary was published in the July Social Security Forum, a newsletter for NOSSCR members. Download Top Remand Reasons (link opens a 1-page pdf file).
The Appeals …
Social Security Ruling 11-1p
By Gordon Gates on
Posted in Appeals Council, Rulings
Social Security Ruling 11-1p, entitled "Titles II and XVI: Procedures for Handling Requests to File Subsequent Applications for Disability Benefits" was published today in the Federal Register.
The Ruling prohibits a new application for benefits while a prior claim of the same title and benefit type is at the Appeals Council. This is a change in…
Eliminating the Decision Review Board
By Gordon Gates on
Posted in Appeals Council
The SSA has published a final rule eliminating Decision Review Board.
For those of us in Region I (a.k.a. "the Boston Region"), that means that after June 13, 2011 the Appeals Council will once again be our forum for appeals of administrative law judge decisions.
I, for one, welcome the change.