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.
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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 helped to save her life.

When I first met this client, she had not had medical treatment for several years. I said that I would not take the case unless she resumed medical treatment (ongoing medical treatment notes, and an opinion from treating doctors, are invaluable to support a disability claim).

The client complied, and during the initial work up the medical providers found a cancerous tumor in her kidney. They quickly operated and removed the tumor. She is now cancer free. Had the tumor been left untreated even for a few more months, the prognosis would have been very poor.

I am very pleased to get benefits for this deserving client. More important, I am pleased that she resumed medical treatment, and a malignant tumor was detected before it was too late.

 

 

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 Office of Hearings Operations (OHO). The new name makes sense.

Be sure to change your forms and letters to reflect the new name.

 

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.

Much has changed since the baseline years 2008 & 2009, when ALJ allowance rates at the hearing level were 63% of claims.

From the 2009 baseline, allowance rates are down at every level of review. In particular, ALJ allowance rates have declined significantly during the intervening years (62% in FY 2010, 58% in 2011, 53% in 2012, 48% in 2013, 45% for 2014). Hopefully this second year at 45% represents the end of the free fall in ALJ allowance rates.

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. Here is a link to IRS Publication 915 on the topic of taxation of Social Security benefits.

As you can see from the publication, it’s complicated. If you received a large lump sum payment of past due disability benefits last year, this is the time to get in touch with a tax accountant.

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 disability from Social Security if you are working, and earning more than  the level of substantial gainful activity. So you must have stopped working to apply. I typically suggest that people who are still working should keep working as long as possible.

Second, Social Security does not pay for the first 5 full calendar months of disability. So you need to be prepared financially for 6 months, at a minimum, of little or no income after you stop working.

Third, not being able to perform your past work is not enough to qualify for disability benefits. Depending upon your age, Social Security will look at your ability to perform other work, including work that is sedentary, unskilled, and not demanding mentally. This work includes jobs that many people would never consider.

Lastly, you need to be able to back up the functional limitations that prevent you from working with significant medical evidence, preferably including opinions from your treating doctor(s).

That is a blunt assessment. But it reflects the reality of the disability process today. Disability is a last resort.

Although medical evidence is the centerpiece of a Social Security disability claim, non-medical evidence can play an important role, and help to persuade an administrative law judge that your are disabled from competitive employment.

Atlanta, Georgia Social Security disability attorney Jonathan Ginsburg wrote a good article on this subject, entitled "Unconventional, Non-Medical Evidence That Can Help You Win." You should read it.

Attorney Ginsberg correctly notes that the medical record alone often does not contain a complete picture of a person's capacity to work. Ideally, an opinion from your doctor will specify the functional limitations that prevent you from working. But you should not stop there. Non-medical evidence can contribute to your case.

Work records can be helpful. Those records may show a pattern of absences due to your medical condition. Or they may show that a person, before stopping work altogether, tried to stay employed with a series of jobs that were progressively less demanding. Written statements from co-workers or supervisors can also help to shed light on the difficulties experienced in the workplace. These statement can enhance a disability claimant's credibility. 

Attorney Ginsberg phrases the overall issue very well. The goal is "to paint a picture of a person who is applying for disability as a last resort and only because you cannot – not will not – work anymore."

In addition to work records, I also will seek out statements from a spouse, family, or a friend. These also can help to paint that picture.

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. It is likely to affect your practice and your procedures.

One notable change is that any and all medical source statements and opinions from treating doctors must be submitted. The rule is explicit that medical source statements do not fall within the attorney work product exception. That should give you pause before you ask all treating providers for opinions.

The reentitlement period is a safety net for Title II disability recipients who return to work. The reentitlement period begins at the end of the 9-month trial work period, and lasts for 36 months.

If you cannot continue working at the SGA level due to your disabling impairments during the 36-month rentitlement period, you do not have to go through the disability application process all over again. Rather, you just notify Social Security that you are unable to work, and they will restart your disability benefits right away. This safety net is intended to encourage you to test your ability to work.

You only get one 9-month trial work period, and only one reentitlement period.

Trial work and reentitlement are for Title II disability beneficiaries. There is no trial work period or reentitlement period for SSI beneficiaries.

Remember also, when you ask the ALJ for a closed period because you have returned to work, there is no reentitlement 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 work. However, this trial work can be a trap for the unwary.

Some recipients try working part-time, and may earn less than the SGA amount. They assume their disability benefits will not be affected by this part-time work. After all, they were allowed earn that much when they applied for disability benefits. But the trial work amount is quite a bit less than SGA, and this can cause problems for people who earn more than the trial work amount, and do not keep track of their months of trial work.

After 9 months of trial work, Social Security can terminate your benefits if you reach the level of SGA. The 9 months of trial are not necessarily consecutive, so a few months here and there of part-time employment can consume the trial work period. The SSA looks at a rolling five-year period for trial work, so that 9th month of trial work can sneak up on you.

Here is what to do to about trial work:

First, be aware of the the trial work issue.

Second, keep track of your earnings, particularly if you are only working part-time. Keep your paystubs.

Third, let your local Social Security office know that you are working, and give them copies of your paystubs.

The goal is for both you and Social Security to know when you have reached the 9th month of trial work, so there are no surprises. You want to avoid an overpayment, where Social Security realizes after the fact that they have continued to pay benefits after 9 months of trial work, and seeks to get the overpayment back.

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 what claimants can expect, statistically, for their claim for Social Security disability benefits.

The latest chart, for FY 2014, shows an ALJ allowance rate of 45% for claims at the hearing level.

Since 2010, ALJ allowance rates have fallen significantly each year (62% in FY 2010, 58% in 2011, 53% in 2012, 48% in 2013, and now 45% for 2014). That is a dramatic change over the course of just 4 years.