Each year, the Social Security Administration releases statistics about the disability and SSI programs in an easy-to-understand format, called the “waterfall” chart. The waterfall chart shows the percentage of claims approved and denied at the various levels of review.
The chart shows what claimants can expect, statistically, for their claim for Social Security disability benefits.
Social Security has added Initial and Reconsideration cases to its status report in Electronic Records Express (ERE).
Here is a screenshot:
The status report now allows a Representative to quickly determine whether or not they have been associated with a particular client’s disability claim file. Previously, we would have to try to access the claimant’s
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. So beware the 3-day holiday weekend.
NOSSCR developed a “Hearing Format Election Statement,” which is an excellent one-page, fillable form that contains all four types of hearing modalities (in-person, VTC from the hearing office, telephone, and online video) and allows for a simple way to notify the hearing office of how the claimant wants to appear at their hearing.
Using NOSSCR’s
One of the quirky things about disability claims at the initial and reconsideration levels is that Social Security does not send you a letter when you are awarded disability benefits. A denial letter is quickly sent if a claim is denied, but not so with claims that are allowed. A letter is sent
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. So beware the 3-day holiday weekend
I have clients who need to use a cane when walking or standing. Often the cane is for balance, but sometimes also due to weakness in the legs. Social Security has policy on the vocational impact of the need to use a cane or other handlheld assistive devices (such as a walker).
Social Security Ruling
I attended a seminar session last year in Austin, Texas on the topic of helping those applying for Social Security disability benefits with their initial applications. The lawyer making the presentation said that, like a rancher, a lawyer should “make money on the herd, not on the cattle.” Translation: Don’t look at the potential
Social Security updated its Best Practices for Claimants’ Representatives in April 2023.
This list of best practices is required reading for Social Security disability lawyers. It is worth revisiting every now and then. Please take a look.
Reconsideration is the next step in the Social Security disability adjudication process for those who are initially denied after applying for disability. As the waterfall chart shows, obtaining disability benefits at Reconsideration is the exception, rather than the rule.
I have written before about winning at Reconsideration. That earlier post discusses additional medical evidence