I recently helped a client over the age of 55 with their initial application for Social Security disability benefits. I get involved early in these cases because the claimant’s past relevant work is often the most important aspect of the claim, and I want to ensure that both the application and the Work History Report
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Practice notes
A winning closing paragraph
By Gordon Gates on
Posted in Practice notes, Step 5
…At Step 5 of the sequential evaluation, Mr. Jones is 58 years old. He does not have acquired job skills that transfer to a
Representative Fee Cap is now $9,200
By Gordon Gates on
Posted in Practice notes
The new fee cap, announced back in March, is now in effect. The relevant date for the fee cap is the date of the approval fee agreement. So if the fee agreement was approved prior to November 30, 2024 but is still unpaid, the previous cap of $7,200 applies. Social Security has announced that, in…
Video (and telephone) hearings are now the most prevalent
By Gordon Gates on
Posted in ALJ hearings, Practice notes
I had an in-person hearing at the Portland Hearing office last week, on September 10th. When I signed in, I noticed that no one had signed in to the hearing office since August 22nd, 3 weeks before. Sign-ins before that were similarly sparse.
The hearing offices used to have busy public spaces. Back in the…
OTR Request based on new PRW Rule
By Gordon Gates on
If you have a claimant awaiting at the hearing level who was denied benefits by DDS at Step 4 due to the ability to perform a past job, and that job was last performed more than 5 years ago, that job no longer counts as PRW.
Take a look at the case to see if…
ERE Status Report Updated
By Gordon Gates on
Posted in Practice notes
In January, Social Security added claims at Initial and Reconsideration to its status report in Electronic Records Express (ERE). After 5 months using this additional feature, I have found it to be hugely helpful. It is a marked improvement for those of us managing Social Security disability claims.
Social Security has now added more data…
Write a short brief for the disability examiner
By Gordon Gates on
Posted in DDS, Practice notes
For many years I have written briefs for judges prior to hearings on disability claims. Since I have started writing short briefs for disability examiners at the initial or reconsideration level, I have won many more cases at the DDS levels of review.
I write short, one or two-page letters to the disability examiners, setting…
Juneteenth & 5-day Rule
By Gordon Gates on
Posted in Practice notes
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.
The upcoming Juneteenth National Independence Day…
Prehearing Letter from ALJ
By Gordon Gates on
Posted in ALJ hearings, Practice notes
I recently had a disability case with a judge from the Albany hearing office. That judge sends out a letter 30 days before a scheduled hearing setting his expectations for evidence at the hearing. I really liked the letter. It is not standard practice for most judges to send a prehearing letter like this, at…
PRW reduced to 5 years
By Gordon Gates on
Social Security published a final rule in today’s Federal Register, reducing the period for past relevant work (PRW) from 15 years to 5 years. The rule becomes effective June 8, 2024.
Step 4 of the disability sequential evaluation considers a person’s ability to perform their past relevant work (both as actually performed and as generally…