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…
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…
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…
Having a claim for Social Security disability benefits means being out of work (or at the very least, living on a limited income). That often means that a person can no longer afford to live where they were living before, because there is insufficient money to pay the rent or the mortgage.
Some claimants…
Columbus Day is one of those stealth federal holidays that does not get the attention of Memorial Day or Labor Day. It is relevant for those of us practicing Social Security disability law in the Region 1 (the New England states), because we have a 5-day rule for new evidence.
The 5 days excludes weekends…
Social Security recently changed its rules regarding videoteleconferencing (VTC), and is now sending notices regarding VTC at an early stage of the hearing level. The new notice requires a decision within 30 whether or not to object to a video hearing. Previously, the objection to VTC was not made until the time a hearing was…
Welcome! This site is written for Social Security disability claimants, for their legal representatives, and for the network of people involved in the Social Security disability claim process. I hope you find it helpful.
If you would like assistance with your Social Security disability claim, please contact Gordon Gates or complete a Free Claim Review form
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If you have an ALJ hearing scheduled for Tuesday, May 27th (the day after Memorial Day) the last business day to submit new evidence here in Region 1 is Friday, May 16th.
In New England we have a 5-day-ahead-of-the-hearing deadline for new evidence. That requirement is a remnant of the experimental DSI process in SSA…
