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.
Free Claim Review

This is a roundup of the notable posts from the disability blogs. I use the word notable rather than the word best, because I do not presume to be the arbiter of what is best.

Each Friday I select a few posts (from a growing number of disability blogs) that I find interesting or helpful. I share them here, with the hope that you will find them interesting or helpful, too.

Reopening a prior claim is one of the neatest things you can do as a Social Security disabiity lawyer. From the “posted one year ago today” file, here is a reminder to check for prior claims. Reopening a prior claim can add substantially to the retroactive benefits payable to the claimant.

Reopening is governed by 20 C.F.R. 404.988 for disability claims and 20 C.F.R. 416.1488 for SSI claims. 

A prior claim may be reopened within 12 months for any reason. The 12 month period runs from the date of the initial denial of the prior claim to the filing date of the subsequent claim.

A prior Social Security disability claim can be reopened within 4 years if there is good cause. An SSI claim can be reopened within 2 years for good cause. In most cases, “new and material” evidence is the basis for a finding of good cause. The 2-year and 4-year time periods run from the date of the initial determination of the prior claim.

Social Security disability law is unusual in its ability to reopen claims. Reopening runs contrary to the notions of res judicata and issue preclusion that we all learned in law school. But it makes a great deal of practical sense in the context of Social Security disability, because many deserving claims are not appealed after an initial denial.

Please be sure to always check for prior claims that may be subject to reopening.

A recent article in the Buffalo News interviews two Social Security administrative law judges regarding the backlog of disability claims. The article cites several problems contributing to the backlog. For me, the most meaningful problem discussed by the judges is that the DDS agencies are denying most claims, often for no logical reason.

While there has been much discussion of the Social Security hearing offices and the backlog, in my opinion the responsibility for the backlog rests squarely on the shoulders of DDS agencies, which make the initial and reconsideration determinations on disability claims.

DDS created the backlog by denying claims that should have been granted under Social Security's rules.

When the claim gets to the hearing level, an ALJ looks at the entire record and applies Social Security's regulations and rulings. After doing so, ALJs are often concluding, as the Buffalo News article notes, and there was no logical reason to deny the claim at the DDS level.

Tip of the hat to the Hardison & Associates Blog for bringing the Buffalo News story to my attention.

The new and notable posts from the disability blogs:

I have a claim coming up for a hearing where one of the claimant’s impairments is interstitial cystitis (IC). IC is a chronic bladder disorder characterized by pelvic pain. IC occurs ten times more frequently in women than men, and is often associated with other impairments, such as fibromyalgia.

In my research for this case, I was a little surprised to find Social Security Ruling 02-02p, which addresses interstitial cystitis in the context of a Social Security disability claim.

The Ruling states in part:

many people with IC have chronic pelvic pain, which can affect the ability to focus and sustain attention on the task at hand. … In assessing RFC, we must consider all of the individual’s symptoms in deciding how such symptoms may affect functional capacities.

An assessment also should be made of the effect IC has upon the individual’s ability to perform routine movement and necessary physical activity within the work environment. Individuals with IC may have problems with the ability to sustain a function over time.

As explained in SSR 96-8p (“Titles II and XVI: Assessing Residual Functional Capacity in Initial Claims”), our RFC assessments must consider an individual’s maximum remaining ability to do sustained work activities in an ordinary work setting on a regular and continuing basis. A “regular and continuing basis” means 8 hours a day, for 5 days a week, or an equivalent work schedule. In cases involving IC, fatigue may affect the individual’s physical and mental ability to sustain work activity.

Read the entire Ruling if you have a claim involving interstitial cystitis. And remember, Social Security must consider your combination of impairments when deciding your claim.

The response to the first month of the Blog Roundup has been terrific, and many have been able to discover a disability blog not previously seen. This week's roundup is the most varied one yet in terms of format, with traditional blog posts, a video blog post and a podcast.

Here are the most notable posts this week:

One year ago, I posted a short article regarding combination of impairments. It is worth revisiting, as a reminder that Social Security must consider all your impairments when deciding whether or not you are disabled. Here is an excerpt:

Social Security must consider the combination of your impairments when considering your eligibility for benefits. Even non-severe impairments must be considered in combination with your severe impairments. See 20 C.F.R. 404.1523.

This can be very important. Sometimes a seemingly minor impairment can rule out your past relevant work, and move your claim past step 4 of the sequential evaluation process. …

Remember, your RFC must include all your impairments, even non-severe ones.

The SSA published its annual fact sheet last week. The SSA's official acknowledgement that there would be no COLA next year got most of the attention. However, there will be a new SGA amount for 2010. The new SGA amount will be $1,000 per month.

Finally, a number that is easy to divide!

Substantial Gainful Activity (SGA) is considered at step 1 of Social Security's sequential evaluation.

I am sometimes contacted by potential clients who have not yet filed for disability, or have filed and have not yet received an initial determination. I greatly enjoy working with these folks, and the results have been very gratifying. The people I guide through the initial application process are approved at a much higher rate than the average claimant. This is mostly because common mistakes are avoided.

In my opinion, a claimant over the age of 55 benefits the most from a lawyer's advice at the application stage, because a proper description in the disability application of past relevant work is a critical aspect of the claim.

The initial application stage usually takes about 4 months. If that initial claim is denied, it is likely to be a year or more in Maine or New Hampshire before you have an ALJ hearing for your claim. The wait for a hearing is even longer in most other states. So consider calling a Social Security disability attorney for help with your initial application.