I have a number of claims with clients who are age 55 or over. These cases are handled in a specific way in my office, and there is extensive development regarding past relevant work. In my experience, many of these claims are denied initially and at Reconsideration because the claimant did not fully…

The local Social Security hearing offices have had an uptick in requests for information regarding a person's Social Security information from attorneys before a disability claim has even been filed.

The correct form in these circumstances is the Consent to Release Information, form SSA-3288 (link opens a PDF of the form) rather than the…

I cannot overemphasize the importance of meeting with clients as early as possible in the disability claim process. You rarely get a complete picture of a claim until you meet the client in person.

The more time you spend talking with the client, the better the claim is developed and presented to the judge.…

For those who are enrolled in Social Security's online Representative Services, you have instant access to the ALJ's decision, on the day the decision is made and the case is closed.

Once you see on your hearing office status report that a particular case has been closed, access that claimant's electronic folder online. The ALJ's…

I frequently remind readers of the importance of medical source statements for Social Security disability claims.

I try to get medical source statements as early as possible in the claim process. Get them while you can,  because you may not be able to get an opinion from that treating source later. 

I recently had a conversation…

Those representing clients before the Social Security Administration must file Reconsideration Requests and Hearing Requests for medically denied Title II and Title XVI disability claims online. The requirement went into effect Friday, March 16, 2012.

The new mandate applies to representatives who request and are eligible for direct fee payment, which is pretty much everybody. …

I had a discussion with a colleague recently about acceptable medical sources for mental impairments. This issue is part of proving a Social Security disability claim. So, for the purpose of this post, let’s assume that a person aplying for disability suffers from severe depression. Who is qualified to diagnose that depression?

For a starting place, the Social Security Act requires a medically determinable physical or mental impairment as the basis for a finding of disability. The regulations specify that a medically determinable impairment must be established by an acceptable medical source. So to have the depression recognized as a severe impairment at step 2 of the sequential evaluation, it must be diagnosed by an acceptable medical source.

In my view, any physician (or a psychologist) can diagnose depression (or another mental impairment) as an acceptable medical source under the regulations.

My colleague had the viewpoint that the depression diagnosis must come from a psychiatrist or psychologist, who deal with mental issues all the time. In support of this position, my colleague noted that the DDS state agencies use psychologists instead of M.D.’s to determine mental MDIs and resultant functional limitations. Furthermore, at the hearing level, a psychologist or psychiatrist is used as a medical expert on the issue of a claimant’s mental impairments, and a “regular” doctor is used to evaluate a claimant’s physical impairments. So my colleague’s view is that a plain vanilla primary care physician is not an acceptable medical source to diagnose depression.

Let’s see what the regulations say.Continue Reading Acceptable Medical Sources for Mental Impairments