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…
I like to write the client a letter at the end of the case saying that the case is over and that I am closing my file. Such a final letter marks the end of the attorney-client relationship.
I have added a few paragraphs to that final letter, to give the Title II disability client…
When I meet a new client, I often learn that the client had filed a previous Social Security disability or SSI claim that was denied, but not ever appealed. It happens quite a bit. Depending of the timing, that previous claim can often be reopened. When a claim is reopened, it is like it was appealed in the first place and remains pending.
Reopening is governed by 20 C.F.R. 404.988.
A denied claim may be reopened within 12 months for any reason. The 12 month period runs from the date of the initial denial of the prior claim.
If there is good cause, a prior disability claim can be reopened within 4 years. An SSI claim can be reopened within 2 years for good cause. In most cases, "new and material" evidence is the basis for a finding of good cause.
Let's look at an example of reopening.Continue Reading Reopening a Prior Claim
If your disability claim is denied after a hearing with an administrative law judge, you have the right to request review of that denial by the Social Security Appeals Council. The appeal must be taken within 60 days of the date of the ALJ’s unfavorable decision. You can read more about the Appeals Council review…
