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
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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…
Hearing Office is now OHO
Back in 2006 or so, the Bureau of Hearings and Appeals changed its name to the Office of Disability Adjudication and Review (ODAR), as part of a reorganization at Social Security and new regulations. The name was widely panned at the time.
Now, a decade or so later, the Hearings office has been renamed the…
The 2015 Waterfall Chart
Each year, the Social Security Administration releases statistics about the disability and SSI programs in an easy-to-understand format, called the “waterfall” chart. The waterfall chart shows the percentage of claims approved and denied at the various levels of review.
The chart shows what claimants can expect, statistically, for their claim for Social Security disability benefits. …
Are my disability benefits taxable?
It is tax time, and each year I hear from clients who won their cases the previous year and are wondering about the tax consequences of their disability benefits. This topic is particularly important for those who received a significant payment of past-due benefits.
The answer is part of your disability benefits may be taxable.…
Disability is a hard road
I get 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:
It is hard to plan for disability. First, there is no…
New rule regarding evidence in Social Security disability cases
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.…
The 9-month Trial Work Period
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…