Reopening a prior claim is one of the neatest things you can do as a Social Security disabiity lawyer. From the “posted one year ago today” file, here is a reminder to check for prior claims. Reopening a prior claim can add substantially to the retroactive benefits payable to the claimant.
Reopening is governed by
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Sometimes in a disability case, the medical evidence lags behind the disability. There is often not a strong medical record as of the day an impairment became disabling. Over time, however, with repeated doctor visits, the medical picture usually becomes clear.
So the problem is: how do you prove disability as of the alleged onset …
It has been a little while since the Best Practices for Claimant’s Representatives was published on the SSA’s website. It is one of those lists that is full of useful reminders, and is therefore worth revisiting every 6 months or so. So please take another look.
One of the best practices is:
ESTABLISH A GOOD WORKING
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Vocational rehabilitation records can provide persuasive evidence for a Social Security disability claim.
First, the records show that a claimant has been trying to find work, in spite of his or her impairments. This can be important, because an ALJ often considers the claimant's motivation to work when determining a disability claim.
I also like voc…
A claimant's school records can often provide valuable evidence in a Social Security claim. Obviously, in a child SSI claim, the school records are always necessary. In an adult child disability claim, the school records may help to establish that the disability existed prior to age 22. Likewise, in a case involving listing 12.05…
The SSA has released a excellent set of Social Security Rulings regarding child SSI claims. The Rulings are comprehensive, and offer invaluable guidance regarding determining childhood disability.
SSR 09-1p: Title XVI: Determining Childhood Disability Under the Functional Equivalence Rule —The "Whole Child" Approach
SSR 09-2p: Title XVI: Determining Childhood Disability — Documenting a
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Failure to formulate a complete and detailed theory of the case, covering ALL FIVE steps of the sequential evaluation is the #1 reason that a Social Security disability claim may be lost at a hearing or court appeal, according to Atlanta disability attorney Charles Martin.
Mr. Martin wrote a very helpful set of practice tips, entitled Ten…
The hearing offices have senior staff attorneys, called attorney advisors, who review claims prior to hearing for possible on the record decisions. If an on the record (OTR) decision is appropriate, they draft a fully favorable decision. If an OTR is not appropiate, they complete an "Attorney Advisor Worksheet," and the claim goes back to its place in line…
The First Circuit has a new memorandum decision which discusses fibromyalgia symptoms in the context of a Social Security disability claim.
In Johnson v. Astrue, 597 F.3d 409 (1st Cir. 2009), the Court heard an appeal of an ALJ’s denial of disability benefits. The ALJ in her decision discounted the opinion of Dr. Ali,…
The June 2009 Social Security Forum, which is published by NOSSCR for its members, has a good update regarding Requests for Hearings by ALJ.
SSA has revised HALLEX I-2-0-40, which deals with the Request for Hearing filing requirements. The HALLEX provision has been revised to reflect the elimination of the signature requirement when
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