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…
Social Security Ruling 96-8p is a cornerstone ruling when it comes to the factors that must be considered for a claimant’s residual functional capacity. I reread the Ruling every now and then, and always gain an additional insight.
The Ruling is especially helpful in the area of “full-time work.” Often a person is disabled because…
People waiting for a determination on their disability claim can have a very difficult time. Not only is there concern about health and lessened ability to function, but there is often real anxiety due to financial stress. And it often takes two years or more from the day a claimant initially applies for disability to…
Typically in a Social Security disability claim, DDS only obtains the medical records for one year prior to your alleged onset date. DDS is concerned with the severity of your impairments during the period of disability. They understandably focus their efforts on that time frame.
However, older medical records can be important. First, older…
I recently submitted an on the record (OTR) request to the Manchester, New Hampshire hearing office. It was a particularly strong case, with compelling evidence of disability. Further, much of the evidence (school records, vocational rehabilitation assessments, medical source statements from treating doctors) had not been developed by DDS or considered when the claim was initially…
I am frequently asked about the timeline for a Social Security claim. How long does it take?
The initial consideration of your claim usually takes 4-5 months. If your claim is denied and you appeal, the next step depends upon where you live. 40 states, including Maine, use an intermediate Reconsideration step in the claim process. In…
I am still mining the gold from Charles Martin’s excellent set of practice tips, entitled Ten Common Reasons a Hearing or Court Appeal May Be Lost, which appeared in the January 2009 Social Security Forum.
Listed below are three related reasons from Mr. Martin why a hearing may be lost (I have added links for…
Failure to formulate a complete and detailed theory of the case, covering ALL FIVE steps of the sequential evaluation is the #1 reason that a Social Security disability claim may be lost at a hearing or court appeal, according to Atlanta disability attorney Charles Martin.
Mr. Martin wrote a very helpful set of practice tips, entitled Ten…
Take a look at these statistics for 2008, which were recently released by the SSA and published by NOSSCR in the May 2009 Social Security Forum.
The top row shows that 36% of the disability and SSI initial applications were granted nationwide. 64% were denied. These are national statistics, but the allowance rate in…
