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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Social Security considers the age of the claimant at step 5 of the sequential evaluation. Age plays no role in steps 1 through 4.

Age is a vocational factor which dictates where you fall in the Medical-Vocational Guidelines, which are used to determine disability at step 5 for claimant’s who have physical impairments. The Guidelines may achieve different results depending on whether the claimant is under 50, age 50 to 54, or age 55 or older.

So what does one do when the claimant is on the cusp of a higher age category at the hearing? Or what does one do when the claimant crosses to the higher age category while the claim is pending?

These are call borderline age situations, and the SSA has a regulation on point. 20 CFR 404.1563(b) states:

We will not apply the age categories mechanically in a borderline situation. If you are within a few days to a few months of reaching an older age category, and using the older age category would result in a determination or decision that you are disabled, we will consider whether to use the older age category after evaluating the overall impact of all the factors of your case.

POMS section DI 25015.006 describes factors to consider in borderline age situations.

Every other Friday I link to recent posts of interest from the Social Security disability blogs. An archive of previous disability blog roundups is available in the sidebar.

The latest average processing time statistics for Social Security hearing offices around the country were distributed by NOSSCR in the July 2010 Social Security Forum, a newsletter for its members. 

The average processing time for the Portland, Maine hearing office is now 352 days, just two weeks shy of one year.

Processing time runs from the date of the hearing request to the day a decision is issued. The 352 days is an average. Some claims are resolved more quickly, but a claim that requires a hearing and a written decision may take longer.

The latest statistics for average processing time have been released by the SSA and distributed by NOSSCR in its July 2010 newsletter. The Manchester, NH Social Security hearing office has an average wait time of 412 days, or about 14 months, for a decision.

Processing time runs from the day the hearing office receives your hearing request to the day a decision is issued. The 412 days is an average. Some claims are resolved more quickly, but a claim that goes to hearing and requires a written decision may take longer.

While the average wait for a hearing decision in New Hampshire is 60 days longer than in Maine, New Hampshire is a "prototype" state that skips the intermediate Reconsideration step of the Social Security disability process. Since 5-6 months are not spent waiting for a Reconsideration determination, claims are moving from the initial denial to a hearing much more quickly in New Hampshire than in Maine.

Now that you are here, if you haven't found exactly what you are looking for, take a look at the "Important Topics" list on the sidebar. 

If you don't see what you are looking for there, please search this blog. The search box is in the sidebar.

This site has 350 posts on various Social Security disability topics. Since the newest posts are at the top, you may not see what you need right away. Use the search box.

Years ago I had a Seamanship instructor who used to say: prepare for the worst, and hope for the best. That phrase was repeated so many times that it became something of a mantra.

I still live by that phrase, because it aptly characterizes what one should do as a lawyer, and what I do to prepare for a Social Security disability hearing.

  • You must prepare for the worst. That means developing the claim, and having a complete and detailed theory of the case. It means thoroughly reviewing the record prior to the hearing, and writing a hearing memorandum. It means preparing your client to testify. And it means being prepared for what the vocational expert might say.
  • You must hope for the best. You just never know what happens at a Social Security disability hearing. I still get pleasantly surprised. Sometimes I have a disability claim that I am very worried about, and the judge grants the claim. Sometimes the claimant is an awesome witness. Sometimes the vocational expert inexplicably says there are no jobs. Sometimes the medical expert says that the claimant has a "multi-focal pain disorder syndrome" and has been disabled since the alleged onset date. You just never know.

It seems that the best happens more often if you have prepared for the worst. So, prepare for the worst and hope for the best.

I spend a fair amount of time talking with clients and prospective clients about their claims. And one theme that is often present is that the person is discouraged that the Social Security disability claim process takes so long. I tell them that yes, it takes a long time, but don't get discouraged. 

If you have a Social Security disability or SSI claim, I want to say the same thing to you: don't get discouraged. 

There is hope, because the hearing level is your best chance to have your disability claim granted. You just have to hang in there, and be sure to appeal every denial of your claim.

And the fact that your claim has been denied so far, don't be discouraged by that either. Administrative law judges know that DDS decisions are often wrong, often for no logical reason.

Please be sure to get a lawyer's help way in advance of the hearing. The sooner the better. And things will turn around. It will be okay. Don't get discouraged.

This week marks the 75th anniversary of the Social Security Act, which was signed into law on August 14, 1935. The Commissioner of Social Security, Michael J. Astrue, stated in a press release:

“On August 14, the most important and successful domestic program in our nation’s history turns 75,” Commissioner Astrue said. “For three quarters of a century, Social Security has provided a financial lifeline to millions of Americans. As we approach our anniversary, Social Security remains a solid foundation for retirees, the disabled, and survivors. I encourage everyone to visit our website, share their stories, and join me in wishing Social Security a happy 75th anniversary.”

Sometimes there is work after a claimant's alleged onset date. The Work Activity Report – Employee addresses that issue.

Being disabled means you are not working. So it is entirely appropriate for Social Security to request the details for any work activity after the alleged onset date. After all, step 1 of Social Security's sequential evaluation is a consideration of your work activity. See 20 CFR 404.1520. One judge at the Boston ODAR requires every claimant to complete a Work Activity Report before a hearing.

If the work after onset was below SGA, or was an unsuccessful work attempt (see 20 CFR 404.1574(c) and Social Security Ruling 05-02), then it will not derail a disability claim at step 1. 

When completing the Work Activity Report, be sure to have the correct dates of the beginning and end of your work. Be specific about your rate of pay and the hours worked. Be sure to say if the work ended due to your medical condition, or if the work ended because special conditions at work related to your medical condition that allowed you to work were removed.