I frequently talk to clients and potential clients, who say “I am diagnosed with x, y, and z, so I cannot work.” I hear this statement almost every week.
Here is how I respond:
“Well, x, y, or z can certainly be a basis for disability. But the issue in your case, and the reason…
Certain findings in a Social Security disability case are reserved to the Commissioner. Particularly, the determination of whether or not your are disabled is reserved to the Commissioner. See 20 C.F.R. 404.1520b(c)(3). Therefore, your doctor’s opinion that you are disabled in given no special significance by the SSA.
In fact, the heading for this…
From time to time I ask certain clients to keep a journal to keep track of their symptoms. For people with symptoms that are variable day to day, a journal can be be a good tool to quantify how often the symptoms are severe.
Every case is different, and everyone’s symptoms are different. So a…
When I prepare a client for a hearing, I always urge the client to provide specific examples of functional limitations…. better than blanket statements.
I have learned over the years that the more time I spend with the client, the better I am able to tease out these stories. I have long felt that they…
When Social Security Security evaluates a claim for disability, it uses a 5-step sequential evaluation. For steps 4 & 5 of the sequential evaluation, Social Security assesses your functional limitations and incorporates those limitations into a Residual Functional Capacity (RFC). That RFC is then compared to the requirements of competitive work to determine whether…
Those applying for Social Security disability benefits want to know when their claim will be decided. Since by definition a disabled person cannot work, the wait for a decision is a real struggle for most disability claimants. However, there are a couple of steps you can take to speed up the disability claim process.
First,…
Although medical evidence is the centerpiece of a Social Security disability claim, non-medical evidence can play an important role, and help to persuade an administrative law judge that your are disabled from competitive employment.
Atlanta, Georgia Social Security disability attorney Jonathan Ginsburg wrote a good article on this subject, entitled "Unconventional, Non-Medical Evidence That…
The patient is doing well.
I wish I had a nickel for every time I read that sentence in a progress note for a patient who is applying for disability benefits.
This statement (and similar language) in a patient’s medical records can cause problems in a disability claim, because it is routinely misinterpreted by those…
At the close of a hearing, sometimes post-hearing argument is needed. Social Security's rules allow for oral and/or written post-hearing argument, upon request. See HALLEX section I-2-6-76.
I prefer to submit a post-hearing brief, rather than make a statement at the close of the hearing. I think a brief has far more impact.…
When the SSA reviews your initial disability claim, it obtains your medical records, and determines your residual functional capacity after analyzing those records. The problem with this approach is that the SSA does not obtain your doctor's opinion about your limitations. Rather, the SSA reviews your medical records and makes its own determination.
However, a…
