One of the most important things you can do for a client as a Social Security disability lawyer is to request reopening of a prior claim. In my opinion, the issue of reopening does not get enough attention.
Reopening a prior claim can add substantially to the retroactive benefits payable to your client. At a recent hearing of…
Social Security must consider the combination of your impairments when considering your eligibility for benefits. Even non-severe impairments must be considered in combination with your severe impairments. See 20 C.F.R. 404.1523.
This can be very important. Sometimes a seemingly minor impairment can rule out your past relevant work, and move your claim past step…
Drug addiction or alcoholism (DAA) cannot be a basis for Social Security disability. In fact, if DAA is a contributing factor material to your disability, you are not entitled to disability benefits. See 42 U.S.C. 423(d)(2)(C).
Social Security has a regulation governing how it will determine whether or not DAA is material to a…
Social Security Rulings are policy interpretations issued by the SSA. Social Security Rulings are binding on all components of the SSA, and are to be relied upon as precedents when adjudicating other cases. See 20 CFR 402.35(b)(1).
Social Security disability lawyers refer to the Rulings regularly. The Rulings contain very useful explanations of SSA's policy, and…
I had a Social Security disability hearing with an administrative law judge at the Manchester, New Hampshire ODAR recently. I prepared a hearing memorandum for the judge, as is my practice.
The judge acknowledged my hearing memorandum, and said "I wish more of your colleagues would prepare them."
A hearing memorandum is not required at the Manchester ODAR, but you should submit one…
A client of mine just obtained a fully favorable decision at the Reconsideration level.
In this particular case, Social Security assessed a residual functional capacity at the light exertional level. Since the claimant's past relevant work was also at the light exertional level, the claim was denied at step 4 of the sequential evaluation process. After…
Social Security defines by regulation the “acceptable medical sources” that can establish your medically determinable impairments and their severity. Physicians and psychologists are of course included. So are optometrists (only for matters of visual acuity and visual fields) and podiatrists (only for impairments of the foot).
Notably, licensed clinical social workers, counselors and therapists are…
A medical source statement is an opinion from your doctor regarding the nature and severity of your limitations due to your medically-determinable impairments. A medical source statement is often simply a form that is completed and signed by your doctor. The name derives from a section of the regulation describing medical opinion evidence.
The SSA must give controlling …
A hearing memorandum is required at the Portland, Maine ODAR. Written by the claimant's representative, the hearing memorandum sets forth the background facts of the case, a description of the medical evidence, and (most importantly) a "theory of the case," with an analysis of the claim at each step of the sequential evaluation process.
The memorandum, which I write…
I have noticed concrete benefits for my Social Security disability law practice from this professional blog.
One unexpected benefit has been that the blog serves as a repository of legal knowledge for me. Legal blogmaster Kevin O'Keefe has mentioned this benefit, and he is correct. I actually find myself referring to my own blog for information.
For…
