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…
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…
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.
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
…
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
…
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
…
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…
