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
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.
Tips and Best Practices
By Gordon Gates on
Posted in Tips
- Representative registration
- Use of online services
- Direct payments
- Assignments of direct payments to entities
- Tips to
Disability is (still) Functionality
By Gordon Gates on
Posted in Tips
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…
The effect of a limitation to “simple tasks” on skilled work
By Gordon Gates on
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…
Factors not considered at Step 4 of the Sequential Evaluation
By Gordon Gates on
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
…
Use the Checksheet
By Gordon Gates on
Posted in Tips
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…
Best Practices for Representatives
By Gordon Gates on
Posted in Tips
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.
Evidence from nonmedical sources
By Gordon Gates on
Posted in Tips
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…
Check sheet for “on the record” requests
By Gordon Gates on
Social Security now provides a check sheet, in the form of an online fillable PDF, for on the records requests.
An “on the record” (OTR) request asks Social Security to grant your case on the record without a hearing. This request is for claims awaiting a hearing at the Office of Hearings Operations (OHO). On the…
Hearing Format Election Form
By Gordon Gates on
Posted in Practice notes, Tips
NOSSCR developed a “Hearing Format Election Statement,” which is an excellent one-page, fillable form that contains all four types of hearing modalities (in-person, VTC from the hearing office, telephone, and online video) and allows for a simple way to notify the hearing office of how the claimant wants to appear at their hearing.
Using NOSSCR’s…