New evidence for Social Security claims must be submitted 5 business days ahead of the hearing. See 20 CFR 404.935(a) and HALLEX I-2-5-13. With a typical weekend, that’s 7 days ahead of the hearing. Holidays, which are of course not business days, must be accounted for as well. So beware the 3-day holiday weekend
15 year Blogiversary
My first post on this blog was 15 years ago today! It is hard to believe that 15 years have gone by. Both personally and professionally, much has changed since I began.
Personally, I was newly married when I started the blog. We had just bought a house. We now have a 13 year old
NOSSCR in DC next week
The annual NOSSCR conference will be in Washington, DC next week, beginning Wednesday, May 3rd. I am a sustaining member of NOSSCR, and will be there.
The NOSSCR conference is always a good chance to learn, and to get perspectives from others around the country who also specialize in Social Security disability law.
Please say
Social Security has redesigned it website
Social Security has comprehensibly redesigned its website.
Some of the changes are discussed in a post on the Social Security blog.
I noticed that SSA revamped the online appeal page, making it much easier to understand and use.
The DDS Backlog is (finally) national news
I recently wrote about the DDS backlogs in my geographical area of practice.
Today the Washington Post has elevated the issue to national news:
Social Security offices critical to disability benefits hit breaking point
12/07/2022 Update: Congress has taken notice.
New Hampshire DDS has a 6-month backlog
Disability Determination Services (DDS) state agencies make initial and reconsideration determinations on Social Security disability claims. These agencies have had massive turnover in the past few years. I used to work repeatedly with the same group of disability examiners. These days, I am constantly seeing new examiners. Adding to the turnover problem, it takes months
SGA will be $1,470 for 2023.
Substantial Gainful Activity (SGA) is the amount of money that one can earn and still qualify for Social Security disability benefits. The amount is adjusted each year for inflation, as shown by this table. In 2022, the amount is $1,350. For 2023, the amount goes up to 1,470.
The SGA amount is important for
When the ALJ announces the decision at the hearing
Last month, my hearings with an administrative law judge (ALJ) to determine medical eligibility for Social Security disability benefits followed the usual, familiar pattern: opening remarks by the judge and then the claimant’s lawyer (me), the claimant’s testimony, and then testimony of a vocational witness regarding the claimant’s past relevant work, and whether various functional
A disability appeal hearing can seem surreal to an outsider.
There is article in a national magazine enititled Inside the Kafkaesque Process for Determining Who Gets Federal Disability Benefits. It is most definitely worth reading.
The article begins by describing a (fairly typical) hearing before an Administrative Law Judge, and concludes: “A disability appeal hearing can seem surreal to an outsider.”
Fact check: True
Social Security will not “connect the dots” for your disability claim
I frequently talk with people who have applied for Social Security disability. When I ask them why they are unable to work, they often respond “I have been diagnosed with _____.”
Sometimes the diagnosis is just a quick answer to my question. But often, as the conversation continues, there is a belief that, given the