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…
Law firms practicing Social Security disability law come in all shapes and sizes, from "nation-wide" practices to one person offices. Is there a right size? In my view, a law firm should be “right-sized” for the needs of its clients.
More important than size however, is the distinguishing characteristics of the lawyer and firm. Look for…
Judging by the incoming phone calls, emails and requests for a case review, the New Hampshire DDS, which makes the decisions on initial applications for Social Security disability benefits and SSI, just denied a bunch of claims. For some reason, they seem to send out denial letters in batches.
If you received a denial notice…
The NOSSCR website has a new feature that is very useful. The site has a set of Google "search boxes," each focused only on the SSA website, or the Social Security Act, or the Regulations, or the Rulings, or the HALLEX, or the POMS, or Google Scholar. Take a look.
This is a very…
75% of the visits to this site are from new visitors. For both new and returning visitors to the blog, here are a few tips to find what you are looking for and to share that informations with others.
Use the sidebar
A characteristic of the blog format is that the most recent posts…
Recently the ABA Journal published a post by Jim McElhaney entitled Dirty Dozen: 12 Ways to Write a Really Bad Brief. The list contained this notable tip:
Tell no story. Every brief should tell the story of an injustice, a wrong that needs to be righted or avoided.
The story is central to…
A "Notice of Reconsideration" letter states that your disability or SSI claim has been denied for a second time by Social Security. When you get a Notice of Reconsideration in the mail, there are a few things to remember:
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Remember that you can submit a statement from a spouse, parent or friend in support of a disability claim. 20 CFR 1513(d)(4) states that Social Security will consider evidence from other non-medical sources (for example, spouses, parents and other caregivers, siblings, other relatives, friends, neighbors, and clergy).
When you have the right person with…
If you receive a denial letter from Social Security regarding your application for Social Security disability benefits, you must appeal that denial of benefits within 60 days.
Initial disability claims get denied for many reasons, and many denials have nothing to do with the merit of your disability claim. A common mistake made by claimants…
