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
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
The First Circuit and Fibromyalgia
By Gordon Gates on
Posted in Impairments, Practice notes
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,…
Signature No Longer Required for Hearing Requests
By Gordon Gates on
Posted in Practice notes
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
…
Ask for a Representative Report T3
By Gordon Gates on
Posted in Practice notes
Well organized ODARs, like the Portland, Maine hearing office, send out a Representative Report T3 each month. The report lists all your clients' claims at that ODAR, sorted by the date of the hearing request. The report gives the status of each and every claim.
This report is a goldmine for the Social Security disability…
Prepare a Detailed Work Background
By Gordon Gates on
I recently read a good practice tip from Mobile Alabama Social Security lawyer Gilbert Laden in the April Social Security Forum, which is a newsletter published by NOSSCR for its members. Mr. Laden’s article is entitled Preparing a Detailed Work Background for the ALJ. Here is an excerpt:
I order a “Detailed Earnings…
Best Practices for Claimants’ Representatives now on SSA Website
By Gordon Gates on
Posted in Practice notes
The list of Best Practices for Claimant’s Representatives has been posted on the SSA’s website. The list is definitely worth reviewing if you are representing claimants before the Social Security Administration.
Claimant’s Medications – Form HA 4632
By Gordon Gates on
Posted in ALJ hearings, Practice notes
I like to submit a current medications list prior to a Social Security disablity hearing. Although a claimant's medications can usually be found in the medical records, it is very handy to have the meds listed in one place.
Filing a medications list is a nice final update to the disability claim file, and it is a gesture…
Listing 1.04A Worksheet
By Gordon Gates on
Posted in Listings, Practice notes
Social Security Adult Listing 1.04A is often met for claimants with severe back pain, when there is an MRI or CT scan showing impingement of the nerve root or spinal cord. The practical difficulty with the listing is that the other findings necessary to meet the listing, such as a positive straight leg raising test…
File your Hearing Brief Early
By Gordon Gates on
Posted in ALJ hearings, Practice notes
I asked one of our Portland, Maine judges this question: How far in advance of a Social Security disability hearing should the hearing brief be submitted?
The answer: 7 days ahead of the hearing.
The deadline for submitting new evidence is 5 business days (which equals 7 calendar days) ahead of the hearing. After the…
Ask for a Bench Decision
By Gordon Gates on
Posted in Practice notes
I was talking with one of our Portland, Maine judges yesterday between hearings. We discussed the amazing timeline of a recent Social Security claim. The judge said that it was helpful in that case to have a request for a bench decision in the hearing memorandum.
A bench decision requires some preparation, because there…