Social Security disability hearings are often held by video, using Microsoft Teams. While the shift to video hearings has improved scheduling flexibility and allowed many cases to move forward without long delays, it has also introduced a layer of technology that can catch clients—and sometimes representatives—off guard.
Many claimants have never used Microsoft Teams before…
When Social Security denies a claim for disability benefits at the initial or reconsideration level, the SSA provides a personalized “Explanation of Determination,” usually on the last page of the denial letter. The rest of the denial letter is a form letter. Often my first contact with a prospective client is after that person has received…
I recently helped a client over the age of 55 with their initial application for Social Security disability benefits. I get involved early in these cases because the claimant’s past relevant work is often the most important aspect of the claim, and I want to ensure that both the application and the Work History Report…
On this day in 2008, I published a post on this blog titled “Disability is Functionality.” All these years later, it remains true.
Claimants often are surprised to learn that their disability applications were denied even though their doctors provided a letter stating that their patient is disabled, or their medical records show…
One of the most frequent limitations assessed by Social Security due to a claimant’s mental health symptoms is a limitation to simple tasks. That limitation alone is not disabling, by any means. But it can have a significant effect on a disability claim when combined with physical limitations. For claimants over the age of…
Social Security uses a 5-step sequential evaluation to determine disability. Step 4 comprises your ability to perform your past relevant work (PRW), both as actually performed by you, and as generally performed in the national economy.
There are a number of factors that are not considered at step 4. POMS DI 25005.001C. states:
When
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I really like the checksheet for on the record (OTR) requests. It gives the judge all the information needed to evaluate an OTR request.
Here is a completed checksheet from an actual case (with identifying information changed, of course). Page 1 has all the relevant dates. Page 2 has the theory of the case, distilled…
Social Security updated its Best Practices for Claimants’ Representatives just over a year ago, in April of 2023. I was reminded of them by my recent letter from an ALJ, which set forth that particular judge’s best practices for a hearing.
This list of best practices is required reading for Social Security disability lawyers.
Social Security relies primarily on medical evidence to evaluate disability claims. However, they also look at nonmedical evidence, including the forms that claimants complete during the disability evaluation process. See 20 CFR 404.1513(a)(4).
Nonmedical evidence can also include a statement from parent, spouse, other family member, or a friend. That statement is typically 1…
