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One of the items an administrative law judge may consider when deciding your disability case is your prior work record. A judge will look to see whether or not you were steadlily employed prior to applying for disability, and how much you were earning. A disability claimant with a twenty year work record with good earnings tends to be looked at more favorably than a person who has been chronically underemployed.

I had a recent Social Security disability hearing in Manchester, NH for a claimant with an outstanding prior work record. 40 years of earnings. 20+ years making over $80,000. I just marvelled at it.

This case had everything that a properly prepared disability claim file should have, including up-to-date medical records and a medical source statement from each of the claimant's medical providers. There was a clear medical diagnosis and unrebutted medical opinion regarding the claimant's resulting functional limitations. Despite all that, it was the claimant's prior work record that provided the most persuasive piece of evidence in the claim file.  Continue Reading An Outstanding Prior Work Record

I wrote two weeks ago about the amazing timeline of one of my Social Security disability cases. To recap, because the bank was foreclosing on the claimant's home, both the local Social Security office and the Portland, Maine hearing office expedited the disability appeal. A hearing was scheduled within 5 weeks from the claimant's receipt of the Reconsideration denial notice…

 

The Social Security Administration can move quickly in certain circumstances. One such circumstance is a dire need case. Dire need is a type of critical case, and these claims are expedited by the SSA.

In this particular case, the claimant received a Reconsideration denial letter on February 27th and contacted me. We had…

I just submitted a critical case request for a Social Security disability claim here in Maine. A critical case request asks Social Security to expedite a particular claim.

There are three situations that constitute critical cases: 1) the claimant's illness is terminal, 2) the claimant is suicidal or homicidal, and 3) dire need.

Dire need…

A client recently retained me after receiving an inital denial of his Social Security disability claim. He over 55 years old, and can no longer do his past relevant work, partly due to knee and ankle problems resulting from an old injury.

I have reviewed the disability claim file, and he was denied disability because…

An error in the Explanation of Determination attached to your denial letter can present an opportunity for your Social Security disability attorney to practice some legal jujitsu. The error can be used to support an argument for reversal at the next stage of review. This argument is the most powerful when, but for the error in analysis…

When Social Security denies a claim for disability benefits at the initial or reconsideration level, the SSA provides a personalized "Explanation of Determination" on the last page of the denial letter. The denial letter is otherwise a form letter.

The information or analysis in these explanations is often erroneous. As noted by Charles Hall in Social Security …