I get frequent calls and emails from people who are still working, but are struggling, and are considering Social Security disability.
Depending upon a person's individual circumstances, this is typically what I say to those who are currently working, but are exploring the disability process:
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Two administrative law judges are departing the Portland Office of Disability Adjudication and Review (ODAR).
Judge Vickie Evans departs this month. She is transferring to the Mobile, Alabama ODAR, where she will be the Chief ALJ. I wish her well.
Judge John F. Edwards has retired. Hearings already scheduled for Judge Edwards will be heard…
Social Security has issued a new rule regarding the production of medical evidence for Social Security disability cases. Entitled Submission of Evidence in Disability Claims, the rule makes several changes in the regulations effective April 20, 2015.
If you are practicing in this area of law, you have to read the new rule.
Trial work is a concept that applies to people already entitled to Title II disability benefits. Sometimes Title II recipients will attempt to return to work to see how it goes. Social Security encourages this, and allows a 9-month period for a person to still receive disability benefits while testing his or her ability to…
The things you tell your doctor about how you are doing (and what you are doing with your time) frequently end up in your medical progress notes. These progress notes provide your doctors with context and information about your condition.
Anyone applying for disability needs to know that those medical notes become part of the…
The latest average processing time statistics for Social Security hearing offices around the country have been published by the National Organization of Social Security Claimants' Representatives (NOSSCR).
As of the end of January 2015, the average processing time for the Portland, Maine hearing office is now 443 days, which is just a week…
Social Security assesses your ability to perform your past relevant work at step 4 of the sequential evaluation process.
Social Security will evaluate your ability to do the physical and mental activities that were required to perform your past work. The SSA will not consider whether or not you could actually get a job…
Each year, the Social Security Administration releases statistics about the disability and SSI programs in an easy-to-understand format, the "waterfall" chart. The chart shows the percentage of claims approved and denied at the various levels of review.
Here is the latest chart, for FY 2014:
The chart shows what claimants can expect, statistically, for their claim…
The Social Security will expand its hours nationwide effective March 16, 2015. Local "field" offices will be open to the public for an additional hour on Mondays, Tuesdays, Thursdays and Fridays; they will be open from 9:00 a.m. until 4:00 p.m on those days. Offices will continue to close to the public at noon every…
Working on initial disability claims, from the application itself through the DDS review process, is one of the most enjoyable parts of my job as a Social Security disability lawyer.
Most of my practice involves preparing disability claims for hearings before administrative law judges, but a certain percentage of my cases are initial claims or…
