I recently read a blog post by North Carolina divorce lawyer Lee Rosen, entitled How a Two-Minute Call Changes Your Clients' Opinion of You. Mr. Rosen explains that in North Carolina, an absolute divorce or Qualified Domestic Relations Order requires substantial waiting period for the client, and during much of that time there is
Welcome! This site is written for Social Security disability claimants, for their legal representatives, and for the network of people involved in the Social Security disability claim process. I hope you find it helpful.
Practice notes
Snippets from U.S. District Court – Maine
By Gordon Gates on
Posted in Practice notes
I have been working on a federal court brief, which will be filed today. Here in Maine, we have local rule 16.3, which streamlines Social Security appeals. These cases are routed to the magistrate judge in Portland, Hon. John Rich III, who decides the appeal based upon an Itemized Statement of Errors filed by the…
The 2010 Waterfall Chart
By Gordon Gates on
Posted in ALJ hearings, Practice notes
The Social Security Administration has released its “waterfall” chart for Fiscal Year 2010. These are very recent statistics.
At the Initial application level, on a nation-wise basis, 35% of disability claims were allowed, and 65% were denied. At the Reconsideration level, of the denied claims that were appealed, just 13% were allowed, and 87% were…
On-line Access to the Electronic Claim File
By Gordon Gates on
Posted in Practice notes
Just a few short years ago, Social Security disability claim files were paper, and getting a copy of the claim file meant literally making a photocopy of the file. You still see paper files every now and then, but they are the exception rather than the rule.
Most claim files are now electronic…
On the Record Requests
By Gordon Gates on
Posted in Practice notes
I attended a good panel discussion regarding on the record requests at the last NOSSCR Conference in Chicago. There were several good points made, and I will summarize a few here.
- You should write your OTR for a "middle of the road" judge. That is the likely perspective of the attorney advisor reviewing your request.
…
Medical Source Statements vs. Functional Capacity Evaluations
By Gordon Gates on
Posted in Doctors, Practice notes
I send a medical source statement to the claimant's doctor in pretty much every case, because it is the most powerful evidence available of the claimant's functional limitations. Social Security's rules put the opinions of treating physicians at the top of the hierarchy of medical evidence. See 20 CFR 404.1527(d) and Social Security Ruling…
Consultative Examinations
By Gordon Gates on
Posted in DDS, Practice notes
When you apply for Social Security disability benefits, the medical record is not always sufficient for a disability determination. A disability examiner (or an administrative law judge) may schedule a consultative exam (CE) with a physician or a psychologist to assist them in assessing your medical condition and functional limitations.
The claimant should plan on…
How a Disability Lawyer Helps Your Claim
By Gordon Gates on
Posted in Practice notes
When I first talk with prospective clients, there is often some confusion about the benefits of having an attorney's help with their disability claim. Obviously, I believe that disability claimants are much better off with an experienced Social Security lawyer overseeing their claim, but I sometimes need to explain why to prospective clients.
I have added a…
Vocational Resources
By Gordon Gates on
Posted in Practice notes
are links to scanned pdf copies of the out-of-print Dictionary of Occupational Titles and the hard-to-find Selected Characteristics of Occupations. They are available as free downloads.
These are the books you need in front of you when in the trenches with a recalcitrant vocational expert. Now, instead of lugging the volumes around just in…
Follow up on Ruling 96-8p and Full-Time Work
By Gordon Gates on
Posted in Practice notes
The challenge with claims involving Ruling 96-8p, where the issue is the claimant's ability to maintain a full-time schedule, is that Social Security's forms – such as the Medical Source Statement of Ability to do Work-Related Activities (Physical) – have no spot for a doctor's opinion regarding a patient's ability to maintain a regular work schedule.