There is an interesting Practice Tip provided by Illiniois attorney Eric Schnaufer in the September 2013 Social Security Forum, a newsletter for NOSSCR members. Attorney Schnaufer suggests submitting a treating source's curriculum vitae (CV) to the disability claim file.
I think this is a great idea in certain cases. Some clients have treating specialists with…
Social Security disability lawyers must bear in mind that part-time past work at SGA can be past relevant work. I had this issue come up in a hearing recently, and it could have derailed the claim, had I not been prepared for the issue.
Social Security considers whether or not you can return to…
In a Social Security disability claim, you want to be specific when describing your symptoms and resultant functional limitations. Remember these three words when developing evidence about symptoms: frequency, severity and duration.
Whether you are talking about physical pain/fatigue, or mental health symptoms, these are the 3 things you must describe with medical evidence…
Each month, I shine the spotlight on a previous post that discusses an issue regarding Social Security disability law that remains highly relevant today.
It is more important than ever to make your disability claim as strong as possible for your hearing. One aspect of developing the claim file that is often overlooked is a…
It has been a little over a year since I published my e-book, entitled 10 Steps to Prepare for Your Social Security Disability Hearing. Those who are waiting for their Social Security disability hearings will find helpful information in the book, and can learn how to make their claims stronger. That is more important…
In the New England states, we are fortunate to receive 75-day notice of disability hearings. This is a carry-over of the DSI process which was implemented in SSA Region I. We also must submit evidence 5 business days ahead of the hearing. See 20 C.F.R. 405.331. In the rest of the country, you only receive 20 days notice of administrative law judge hearing, but you can bring new evidence to the hearing, and it must be considered by the ALJ.
Ideally, all your evidence is submitted well ahead of the hearing. This is one of the best practices of Social Security claimants' representatives. Nevertheless, sometimes there is an important piece of evidence, usually a medical record or a treating doctor's opinion, that could not be obtained earlier.
The regulation specifies 5 business days. Weekends and holidays are not counted. And when counting the 5 days, our judges at the Portland, Maine ODAR do not count the day of the hearing. As a result, the 5-day rule is really an 8-day rule. For a hearing that is held on a Thursday, your evidence must be received by Wednesday of the previous week. This is a trap for the unwary.
Continue Reading In New England, the 5-day rule is really an 8-day rule
I like to get a statement from a spouse for Social Security disability claims. I think a non-medical, or "lay," statement is helpful to the claim. These statements are often quite powerful, because they describe the loss that has accompanied the inability to work, and often describe the struggles the household has undergone as a result…
A headwind is blowing for those applying for Social Security disability benefits these days. It is getting harder to get claims approved, and it is more important than ever to have excellent representation before the SSA.
If an administrative law judge is now just granting 50% of claims, you had better make sure that everything…
As I talk with clients and prospective clients, and dig into the evidence supporting a claim for disability benefits, clients sometimes say something like this: “I don’t understand why my claim wasn’t approved, I have a friend/neighbor/acquaintance who got disability benefits right away, and there is nothing wrong with him/her.”
I have heard variations of…
With many Social Security administrative law judges allowing fewer claims at the hearing level, the initial application for disability benefits deserves much more attention. The allowance rates from the state DDS agencies are just as high as the allowance rate of some ALJs. That means that your initial application is more important than ever. The…
