I had the privilege of presenting a workshop at the Fall Conference for the National Organization of Social Security Claimants' Representatives (NOSSCR) in Chicago.
The workshop was Ten Tips for Writing Effective Hearing Briefs for the ALJ. My presentation also included Ten Reasons to Write a Hearing Brief and a sample hearing brief.
Presenting…
I gave this presentation at the Fall Conference of the National Organization of Claimants’ Representatives (NOSSCR) in Chicago on September 24, 2010.
The Portland, Maine ODAR has required a hearing memorandum since 2006. Prior to scheduling a hearing, the claimant’s representative receives a letter from the Chief Judge. That letter states in part:
The judge…
Social Security must evaluate a claimant’s ability to work on a regular and continuing basis at steps 4 and 5 of the sequential evaluation. A “regular and continuing basis” means 8 hours a day, for 5 days a week, or an equivalent work schedule (essentially, full-time work). See Social Security Ruling 96-8p and POMS…
If you have received a letter from Social Security denying your disability claim, you need to appeal that denial within 60 days. But there is no reason to wait. Appeal that denial right away, and move on to the next step of the process.
The appeal period is always 60 days, at every level of…
Many claimants complete the Work History Report (Form SSA-3369-BK) as part of a Social Security disability or SSI application process. However, the importance of the report is often not recognized by claimants. It is usually one of several reports that must be completed, and it seems innocuous. But it's not. In many claims, the work history report is just as important to the determination of disability as the claimant's medical records.
Unless your condition meets a listed impairment, the SSA will make a medical-vocational determination of your claim at steps 4 and 5 of the sequential evaluation. The vocational part of that determination relies heavily on your work history report, because the report helps to establish your past relevant work.
At step 4, the SSA will simply compare your RFC to the requirements of your past work, both as that work is described in the work history report, and as generally performed (see Social Security Ruling 82-61). If Social Security determines that you can still perform your past relevant work, your claim will be denied.
If you do not describe the work requirements accurately, Social Security may conclude that you can still perform that past relevant work. So be sure to fully describe all of the requirements of the work you have performed in the past 15 years. Continue Reading Completing the Work History Report
The Social Security Administration has special rules for claimants age 55 and over. If you can no longer perform your past relevant work, then Social Security must take your age into account when considering whether or not you can do other work at step 5 of the sequential evaluation. This principle is embodied…
Sometimes a denial of an initial Social Security disability application is due to something of a time lag between your medical condition and your medical records.
Unless your impairment had a sudden onset, it can be difficult to determine from your medical records when a condition became disabling. Particularly for those who apply for…
We just got the news that a client's initial disability claim was granted. I could not be more pleased.
This client is over 55 years old and has a 30 year work record. He came to see me before applying for disability benefits. We were able to gather all the important details before completing the…
When Social Security receives your initial disability claim, it sends the claim to Disability Determination Services (DDS) for review. DDS examines your medical records and the other evidence in your claim file, and establishes your residual functional capacity (RFC).
The problem with this approach is that DDS does not obtain your doctor's opinion about your…
Many people who become disabled at or near the age of 62 choose to file a claim for early retirement benefits instead of Social Security disability benefits. This is a usually a mistake, since the Social Security system penalizes people who retire early, at age 62. If you receive Social Security disability benefits instead, you avoid those…
