I just submitted a critical case request for a Social Security disability claim here in Maine. A critical case request asks Social Security to expedite a particular claim.
There are three situations that constitute critical cases: 1) the claimant's illness is terminal, 2) the claimant is suicidal or homicidal, and 3) dire need.
Dire need…
This search query brought a reader to this site today: how strong does your case have to be to request an on the record decision?
An on the record request asks Social Security to grant your case "on the record" without a hearing. This request is for claims awaiting a hearing at Social Security's Office…
An error in the Explanation of Determination attached to your denial letter can present an opportunity for your Social Security disability attorney to practice some legal jujitsu. The error can be used to support an argument for reversal at the next stage of review. This argument is the most powerful when, but for the error in analysis…
One of the most important things you can do for a client as a Social Security disability lawyer is to request reopening of a prior claim. In my opinion, the issue of reopening does not get enough attention.
Reopening a prior claim can add substantially to the retroactive benefits payable to your client. At a recent hearing of…
Recently I had a prospective client come to my office after receiving an unfavorable decision from an administrative law judge. The claimant was unrepresented at the Social Security disability hearing.
I have now read the decision and reviewed the record, and the claim easily could have been granted at the hearing had there been a…
Your date last insured (DLI) can be an important date for your Social Security disability claim. Social Security disability is an insurance program, and a portion of the FICA payroll taxes withheld from every paycheck pays the disability premium. However, if you stop working, you stop paying the premium. Eventually, your disability insurance will lapse.…
I often counsel clients with a Social Security disability claim to be specific about their functional limitations. This is especially true at a Social Security disability hearing, where the administrative law judge will be trying to quantify your functional limitations to establish your RFC. It doesn't help the judge very much to say "I…
From time to time I ask my clients to keep a journal, to keep track of their "good days" and "bad days" over a period of several months. For certain impairments, such a fibromyalgia, such a journal can be very helpful.
There is no listed impairment for fibromyalgia. So the case has to be decided…
Your medical records – the doctor’s treatment notes and progress notes – are created to keep track of your medical care, as a tool to assist your doctor with your treatment. Those notes are not created to be used for the purpose of establishing a disability claim. However, your medical records are the principal evidence…
When you apply for Social Security disability or SSI, the Social Security office gives you a packet of forms to fill out. The forms give Social Security information about you, the nature of your medical problems, the names and addresses of the doctors that have been treating you, and details about your work history, among…
