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
What you Need to Know
Social Security has started sending a paper booklet along with the Notice of Award letter to those whose claims for Social Security disability benefits have been granted. The booklet is entitled “What You Need to Know When You Get Social Security Disability Benefits”
It is a good practice. People are (almost always) receiving
Fee Cap will be raised to $7,200
Social Security regulates the fees paid to those repesesenting disability claimants before the SSA. A contingency fee of 25% is permitted, and charged by pretty much everyone who does this type of work.
For those using the fee agreement process that allows quicker payment of the fee, Social Security imposes a cap on the fee
Headed to Austin
I will be attending the annual NOSSCR Conference in Austin, Texas this week. NOSSCR is a critically important organization for those of us who represent clients before the Social Security Administration, and I am happy to be a sustaining member.
If you are attending the conference, please say hello.
Past Job as generally performed
At step 4 of Social Security’s sequential evaluation, the SSA considers whether or not you have the ability to return to your past relevant work. The SSA considers your past work, both 1) as you performed it (and described it in your Work History Report), and 2) how that work is generally performed
Social Security disability blog roundup – Fall 2021
I am not the only lawyer producing content about Social Security disability law. Here is a list of recent notable posts regarding Social Security disability claims:
Jonathan Ginsberg, Being Prepared for Your Social Security Disability Telephone Hearing (December 10, 2021)(video)
Morgan H. Zavadil, Social Security Disability Hearing: Past Work Inquiry And Importance, Midwest Disability
The ability to transition to “other” work
I talk with many prospective disability clients who are clearly unable to perform their past relevant work. I spoke recently with a person who had been a welder for years, but could not continue due vision and to degenerative back problems. He clearly is not going to be able to work as a welder, his
Sometimes you save a life
There are many benefits to being a Social Security disability lawyer. You are able to help people who really need the help, and it is very gratifying when a claimant receives disability benefits.
I received a Fully Favorable decision on a claim where, in addition to getting disability benefits for the client, I may have