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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Every other Friday, I publish a selection of posts from the Social Security disability blogs:

A Social Security disability or SSI claim has a timeline that can vary from state to state.

The initial consideration of your claim usually takes 4-5 months. If your claim is denied and you appeal,  the next step depends upon where you live. 40 states, including Maine, use an intermediate Reconsideration step in the claim process. The 10 "prototype" states, which include the state of New Hampshire, send claims that are appealed after an initial denial directly to a hearing by an administrative law judge.

For states with Reconsideration, that process usually takes another 4-5 months. Claims that are denied at Reconsideration and are appealed will go to a hearing with a U.S. administrative law judge.

The wait time for a hearing varies dramatically in different regions of the country. In Maine, the average processing time is just about 11 months. In New Hampshire, the wait for a hearing is about 14 months. In other parts of the country, average claim processing times may be longer, and can be as long as 21 months. You can check the average processing time for each of the Social Security hearing offices.

To speed up the disability claim process, complete and return all necessary forms to Social Security quickly, so that your claim is not delayed while the SSA is waiting for your paperwork. Also, be sure to appeal your denied claim right away.

The Social Security Administration has special rules for claimants age 55 and over. If you can no longer perform your past relevant work, then Social Security must take your age into account when considering whether or not you can do other work at step 5 of the sequential evaluation. This principle is embodied in the Medical-Vocational Guidelines, which are used by the SSA to determine disability at step 5.

I think it is very helpful for claimants age 55 or older to have a disability lawyer's help with their initial disability application, because there are some common mistakes to avoid. I have worked with many clients in this age group, and often a claim can be granted without the necessity of a hearing if the initial application is completed properly.

I ensure that I have a winning theory of the case before filing. Then, I help the client thoroughly complete the work history report, being sure to fully describe the requirements of past work. I analyze the past work for transferable skills, which can sink a disability claim. Then, I describe the claimant's functional limitations, and ensure that all sources of medical treatment are listed, so that Social Security gets a complete medical record. Lastly, I ask the client which of his or her doctors are most supportive, so that I can get a doctor's opinion.

For the lawyer, this process means front-loading the time spent on a disability claim. The hours of getting to know a client, the medical history and work history, are all spent before even applying for benefits. For the client, getting help with the disability application means that common mistakes are avoided, all the necessary details are included, and the application is supported by a winning theory of the case.

If you are age 55 or older and can no longer do the kind of work you've done in the past, consider getting a Social Security disability lawyer involved as early as possible. There is no up front cost, and no fee at all unless your claim is successful. 

Many people applying for Social Security disability are age 55 or older, and have worked hard for their entire adult life. But now, due to a medical condition, they cannot do their job any longer. Many of these workers are denied benefits when they apply for disability, despite a lifetime of paying into the Social Security system.

The Social Security Administration has special rules for claimants age 55 and over. If you can no longer do the sort of work you have done in the past, then Social Security must take your age into account when considering whether or not you can do other work. These rules are embodied in the Medical-Vocational Guidelines, which are used by the SSA to determine disability at step 5 of the sequential evaluation.

If you are 55 or older and are limited to unskilled light exertional work, Social Security will presume that you are unable to transition to other work due to your age. An experienced attorney can use these presumptions to help win your disability case.

It is very important to remember that you do not get the benefit of these rules until step 5 of the disability evaluation process. So it is critical to rule out your past relevant work at step 4.

Your past relevant work comprises all of the jobs that you have had during the past 15 years. If you still retain the residual functional capacity to perform any of these jobs, your disability claim will be denied at step 4. If Social Security determines that you can perform your past relevant work, your claim will never get to step 5, where you would have benefitted from the favorable presumptions due to your age. For this reason, it is particularly important for disability claimants 55 and older to have the assistance of a capable Social Security attorney. 

I prefer to be involved as early as possible with a disability claim of a worker over age 55. Ideally, I am consulted before the claim is filed. In many cases, my help with the initial application pays off with a fully favorable decision, without the necessity of a hearing.

I ensure that I have a winning theory of the case before filing. Then, I help the client thoroughly complete the work history report, being sure to fully describe the requirements of past work. I analyze the past work for transferable skills, which can sink a disability claim. Then, I describe the claimant’s functional limitations, and ensure that all sources of medical treatment are listed, so that Social Security gets a complete medical record. Lastly, I ask the client which of his or her doctors are most supportive, so that I can get a doctor’s opinion.

For me, this process means front-loading the time spent on a disability claim. The hours of getting to know a client, the medical history and work history, are all spent before even applying for benefits. For the client, getting help with the disability application means that common mistakes are avoided, all the necessary details are included, and the application is supported by a winning theory of the case.

Your initial consultation is always free, and there are no legal fees unless you receive disability benefits. 

If you are wondering if your medical condition is severe enough to receive disability benefits, and you live in Maine or New Hampshire, please ask for a free case evaluation. If you prefer, you can call me or send an email.

Contact Gordon Gates

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

The average processing time for the Portland, Maine hearing office is now 340 days, just over 11 months. 

Processing time runs from the date of the hearing request to the day a decision is issued. The 340 days is an average. Some claims are resolved more quickly, but a claim that requires a hearing and a written decision may take longer. 

Check the average processing times for all the hearing offices.

The latest statistics for average processing time have been released by the SSA and distributed by NOSSCR in its May 2010 newsletter. The Manchester, NH Social Security hearing office has an average wait time of 416 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 416 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 76 days longer than in Maine, New Hampshire is a "prototype" state that skips the intermediate Reconsideration step of the Social Security disability process. Since 4-5 months are not spent waiting for a Reconsideration determination, claims are actually moving from the initial denial to a hearing more quickly in New Hampshire than in Maine.

Read more about the New Hampshire Social Security disability claim process.

Here is a selection of recent notable posts from the Social Security disability blogs:

Social Security has updated the ALJ disposition data for fiscal year 2010 on its website. This database shows how many cases each judge has decided, and how many were granted and how many were denied. The data now runs through April 30, 2010. So you get a better picture of each judge's recent record.

This is great stuff for those of us in this practice area, but it should be taken with a grain of salt. You can still win your disability claim with a judge who denies a lot of cases, and you can still lose with a judge who grants a lot of cases. The merits of your claim and the medical evidence demonstrating disability remain the most important factors in the decision.

As I looked at the names of the judges in the database, I noticed that the name of the 11 percent ALJ was not there. Perhaps he retired. That's good news for claimants with hearings at the Orlando, Florida hearing office.


When you apply for Social Security disability benefits, the medical record is not always sufficient for a disability determination. A disability examiner (or an administrative law judge) may schedule a consultative exam (CE) with a physician or a psychologist to assist them in assessing your medical condition and functional limitations. 

The claimant should plan on attending this exam, but talk with your disability lawyer first. Because some doctors that perform CEs are better than others, and your own doctor is the best of all.

We have one local doctor, an orthopedist, who does a thorough CE and always includes a medical source statement. His report is almost always helpful to the claimant's case. However, sometimes DDS assigns the CE to a different local doctor. The second doctor – and I am not making this up – is a proctologist, which may not be what you want (at least metaphorically) for your disability consultative exam. His examination and reports tend to be more perfunctory, and rarely help the claimant in my experience. 

I intervened recently in one of these. I cancelled the CE scheduled by Social Security, because the claimant was able to schedule an examination with her primary care physician. Her doctor completed a medical source statement that should be very helpful to the claim.  

A CE conducted by the claimant's treating doctor is preferred under Social Security's rules. See POMS DI 22510.010 section B. However, it is often difficult to get the claimant's doctor to do the CE. Social Security does not pay much for the exam, so most doctors decline the opportunity.

Read the posts below for differing perspectives on consultative exams:


Above is a picture of baby Bridget's little toes. 

Below is a selection of recent notable posts from the Social Security disability blogs: