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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are links to scanned pdf copies of the out-of-print Dictionary of Occupational Titles and the hard-to-find Selected Characteristics of Occupations. They are available as free downloads.

These are the books you need in front of you when in the trenches with a recalcitrant vocational expert. Now, instead of lugging the volumes around just in case you need them at the hearing, you can have them available on your laptop.

Click on the volume you want to download. The link will take you to a site where you can download a copy for free.

This is great stuff. Thanks to Tim Wilborn for the time and effort to scan these volumes, and for the thoughtfulness to make them available to his colleagues. Thanks also to David Traver for posting the links on his site.

Here's a sampling of what's new this week from the disability blogs:

The challenge with claims involving Ruling 96-8p, where the issue is the claimant's ability to maintain a full-time schedule, is that Social Security's forms – such as the Medical Source Statement of Ability to do Work-Related Activities (Physical) – have no spot for a doctor's opinion regarding a patient's ability to maintain a regular work schedule.

As a disability lawyer, you need to get the doctor's opinion on this issue. It's really important.

Do you whatever you have to do. Ask the doctor for a narrative. Type in the question on the form you send to the doctor. But somehow, get the doctor's medical opinion about whether or not the claimant can sustain a full-time work week (and if not, why not).

There are some new faces and some old hands for this week’s Roundup:

Social Security Ruling 96-8p is a cornerstone ruling when it comes to the factors that must be considered for a claimant’s residual functional capacity. I reread the Ruling every now and then, and always gain an additional insight.

The Ruling is especially helpful in the area of “full-time work.” Often a person is disabled because they cannot maintain a regular full-time work schedule. For whatever reason – perhaps chronic pain, or severe anxiety or depression – a 40 hour work week is just not possible. Many medical conditions involve “good days” and “bad days.” On a good day, a regular workday might be possible. On a bad day, there is just no way.

Social Security Ruling 96-8p helps with this issue. The Ruling states:

RFC is the individual’s maximum remaining ability to do sustained work activities in an ordinary work setting on a regular and continuing basis, and the RFC assessment must include a discussion of the individual’s abilities on that basis. A “regular and continuing basis” means 8 hours a day, for 5 days a week, or an equivalent work schedule.

I had a recent hearing for a client with a combination of impairments that prevented anything approaching full-time work. It was nice to hear the judge explicitly cite Ruling 96-8p in his bench decision.

Tip: In an appropriate case, be sure to mention Ruling 96-8p and how it applies to your claimant in your prehearing memorandum.

November has been a prolific month here at the Social Security Disability Lawyer blog. Here is a recap of the month's top posts:

Judges say too many claims are denied initially, sometimes for no logical reason

Reopening a Prior Claim Reminder

Six tips to keep your disability claim moving

Required for Effective Hearing Representation

Establish the limits of ADLs

Client testimony – it's in the details

Shut Out of Social Security

New database shows ALJ denial rates by state and by hearing office

Remember, right here every Friday you can find a Roundup of notable posts from Social Security disability blogs around the country.

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When you come to the realization that you need help for your Social Security claim (read more about how a lawyer can help you), the next step is to find the best lawyer for you. That is both easier and harder than it may seem.

It is easier because you do not have base your decision on the amount of the fee. Attorney fees are regulated by the Social Security Administration, and any fee paid must have prior approval by the SSA (read more about attorney’s fees). Just about everyone practicing in this area charges the same 25% contingency fee. So when selecting a lawyer, price is not a differentiator.

It can be harder because there are traps for the unwary.

Here are some factors that I think are important to consider when seeking the right lawyer for you:

Hire a real attorney

Many claimants do not realize that you do not have to be an attorney to represent someone before the Social Security Administration. To the contrary, a claimant’s representative is not required to have any credentials or experience at all. Non-attorney representatives often use the same contingency fee agreement and charge the same fee as lawyer would. So some claimants assume they have hired a lawyer, when in fact they have not.

Now, I know some very capable non-attorney representatives, and most were former Social Security employees who learned the system from the inside. But you should at least know whether or not your representative is a lawyer. I have seen many new websites lately for non-attorney representives that look just like law firm websites. So don’t be confused.

Hire a specialist

You want someone who devotes most of his or her practice to Social Security disability claims. It is a surprisingly complicated area of law that has little in common with a litigation practice. In my opinion, you don’t want the local lawyer who did your neighbor’s divorce or your friend’s OUI. Social Security law is unique, and it really does help to specialize. You should look for someone who has conducted hundreds of hearings. Experience can make an important difference, particularly with a close claim.

Hire someone who is in your state

A Social Security disability claim is a federal adminstrative proceeding, so representation has no state boundaries. A lawyer (or nonlawyer, for that matter) can legally represent claimants living anywhere in the country. But the last thing you want, in my view, is an attorney who flies in to attend your hearing and meets you for the first time right before the hearing. I maintain offices in both Maine and New Hampshire, and I meet my clients much earlier in the claim process, well ahead of the hearing.

More importantly, a lawyer from your state will have experience with the administrative law judge deciding your case. Every judge considers a disability claim a little bit differently, and I tailor my prehearing briefs and hearing presentations to the particular judge deciding the claim. It makes a difference. I have hearings with the same judges in the Portland and Manchester hearing offices over and over again. I know what to expect from them and they know what to expect from me.

Attending hearings with the same set of judges is the main reason that I limit my Social Security disability practice to the states of Maine and New Hampshire.  But there are other reasons, as well. I interact with the same staff at the local Social Security offices over and over again. I have good relationships with these professionals. Further, I work repeatedly with the many of the same doctors and counselors. I believe that all these relationships help my clients get better results.

Your lawyer should be readily available to you

I talk with my clients on the phone, meet with them, and trade emails. I can be reached. Of course, there are times that I might have to call you back, and office visits are by appointment. But I am accessible, and I think that’s important.

Beware the case manager, a staff person that handles your case until just before the hearing, when your case is then handed off to the lawyer conducting the hearing. In my office, I am your case manager. Don’t get me wrong, I have a terrific paralegal who runs the office, obtains records and medical source statements from your doctors, and works extensively on your claim. But we work together, and I manage your claim from the beginning.

Please get a lawyer involved early

Consider hiring an attorney sooner rather than later. Remember, there is no cost up front, and no fee at all unless you receive benefits. The sooner a lawyer is involved, the more potential to make your case stronger. An attorney can also be your guide through a difficult process. You don’t have to go it alone.

Find a Social Security disability lawyer with these qualities.

The Maine DDS sent out a batch of Reconsideration denials this week, just ahead of the Thanksgiving holiday. The letters are now arriving in claimants' mailboxes.

If you receive a denial letter for your Social Security claim, be sure to appeal that denial right away. Too many claimants give up part way throught the process. If you want some help, please get in touch with me. But whatever you do, please appeal that denial.

The big event this week was the publication of a remarkable online Special Report regarding Social Security disability claimants in Delaware and the Dover, Delaware hearing office. The series of stories by The News Journal in Delaware did a remarkable job of humanizing each disability claimant waiting for resolution of a claim. The claimants’ stories are heartbreaking, and several of this week’s posts concerned the Special Report. Be sure to read Delaware disability attorney Steve Butler’s excellent post on the impact of high ALJ denial rates:

Notable posts this week on Social Security disability topics other than the Special Report: