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

At step 5 of the sequential evaluation process, Social Security must determine your ability to do other work. When making this determination, the administration uses the occupational data contained in the Dictionary of Ocupational Titles (DOT), which was compiled by the U.S. Department of Labor. However, the DOT has not been revised or updated since the fourth edition, which was published way back in 1991.

As Charles Hall writes in Social Security News:

How do we know whether there is other work that a person can do despite their physical or mental impairments? We look at occupational data. If that occupational data is out of date — and not just by a little bit, but by about 20 years, the whole disability determination process is dubious.

Charles Hall breaks the news that Social Security is starting to take action to bring the DOT (literally) into the 21st century. You can read his entire post here.

A update of the DOT, or any change in the occupational data used by Social Security to assess disability, would be a big deal for Social Security disability lawyers. But it will be years down the road before we see any change.

I often counsel clients with a Social Security disability claim to be specific about their functional limitations. This is especially true at a Social Security disability hearing, where the administrative law judge will be trying to quantify your functional limitations to establish your RFC. It doesn't help the judge very much to say "I can't stand very long." But saying "after standing for 20 minutes my back pain forces me to sit or lie down for at least 10 minutes" is much more helpful.

Georgia Social Security disability lawyer Jonathan Ginsberg recently authored a post about how he prepares clients to testify at a disability hearing. Here is what he said about avoiding generalities and being specific about your limitations at a disability hearing:

When I ask you about your ability to perform various tasks – sitting, standing, walking, lifting, carrying, stooping, climbing, etc., don't answer with generalities.  Saying "I can't walk very far" or "I can't lift very much" doesn't tell the judge anything.  Saying "I can only walk 50 yards before I have to stop and rest," or "it takes all my strength to carry a gallon of milk from the refrigerator to the table" does convey specific information that can be translated into a job requirement.

I completely agree.

Specific limitations will help you obtain Social Security disability benefits.

Welcome. I am a Social Security disability lawyer in Maine. This site is written for Social Security disability claimants, their legal representatives, and the network of people involved in the Social Security disability claim process.

If you have a Social Security disability or SSI claim in Maine or New Hampshire, please contact Gordon Gates or ask for a free Social Security claim evaluation. 

I received a wonderful thank you note today from a client who recently received a fully favorable decision for a Social Security disability claim. The last sentence said:

The relief that I have now in knowing that I can pay my bills is tremendous.

This is a universal feeling from claimants who are awarded disability benefits: tremendous relief. The note was a touching reminder that claimants experience enormous hardships while waiting for a determination of their Social Security disability claim.

From time to time I ask my clients to keep a journal, to keep track of their "good days" and "bad days" over a period of several months. For certain impairments, such a fibromyalgia, such a journal can be very helpful.

There is no listed impairment for fibromyalgia. So the case has to be decided at steps 4 and 5 of the sequential evaluation process. Furthermore, fibromyalgia does not fit well into the Social Security RFC analysis, because on a given day, a claimant may be able to do all the requirements of light work. The next day, however, the same claimant may be unable to get out of bed due to pain secondary to fibromyalgia.

The most likely route to a favorable decision for such a Social Security disability claim is that the administrative law judge determines that for several days each month you will be unable to work due to your fibromyalgia. As a result, the judge rightfully concludes that you are unable to maintain employment, and should be awarded Social Security disability benefits. You can help the judge make this determination by keeping a journal, so that you have an accurate record of how many "bad days" you have each month due to your fibromyalgia.

A journal can be helpful for claims based on other impairments, including chronic fatigue syndrome, chronic pain, depression and anxiety. 

Your medical records – the doctor’s treatment notes and progress notes – are created to keep track of your medical care, as a tool to assist your doctor with your treatment. Those notes are not created to be used for the purpose of establishing a disability claim. However, your medical records are the principal evidence for your Social Security disability claim, and they will be used by the Social Security Administration to assess your work-related limitations.

In general, doctors do not focus on your functional limitations. So it is important to tell your doctor what your limitations are. It will help your doctor better understand your medical condition. It may also help your disability case, since eventually those limitations will end up in the doctor’s progress notes, and those notes will be used by SSA to establish your work-related limitations.

Instead of saying "my back hurts when I stand too long," say "after 15 minutes of standing my back hurts so much that I have to sit down for 15 minutes." Give the doctor some specific details to quantify your medical problems. The same is true for mental limitations, such as depression or anxiety. Rather than saying "my depression is a little better (or a little worse) this month," say "I was so depressed that I could not leave the house for 6 days last month." Give your doctor some specifics.

My clients often have questions about the disability claim process. So here is a description of the claim process in Maine and New Hampshire from start to finish.

A Social Security disability claim may be filed in person at the nearest Social Security office, online, or by telephone. The location of every Social Security office in Maine is here (the same information for New Hampshire is here).

Continue Reading Social Security Disability Claims Process

There is a new federal magistrate in Portland.

In Maine, the magistrate judge in Portland is the person who handles the Social Security appeals in U.S. District Court. For the past twenty years the magistrate has been Judge David Cohen, and one couldn’t have asked for a fairer hearing of a Social Security appeal.

The new magistrate is John H. Rich III, and I must say I am very pleased about his appointment. He is an excellent choice for that important position.

I received a fully favorable decision today from the Social Security Administration for one of my clients. Now, that is not unusual, but I have spent an unusual amount of time on this particular case, so it was very gratifying to get the fully favorable decision.

The client has chronic pain secondary to Lyme disease, and has been having a rough time. It was important to get a decision as soon as possible, without waiting the year that it takes in Maine to get a hearing before an administrative law judge.

Fortunately, the client has a very supportive primary care doctor, and also has been consulting a leading Lyme disease specialist from Boston. So the medical evidence was there. But chronic pain and chronic fatigue cases can be difficult to get granted "on the record" without a hearing. It took months of phone calls and letters and updated medical opinions to persuade the SSA.

Every case has a story. I am glad this story will have a happy ending. The client will recover from the Lyme disease, and then will be able to return to work. Meanwhile, however, the client will receive well deserved Title II Social Security disability benefits.

Step 3 of Social Security’s 5-step sequential evaluation process is a determination whether or not a disability claimant “meets or equals a listing.” The Social Security Administration has regulations describing more than 150 categories of medical conditions. These are called “listed impairments,” or “listings.” The listed impairments are medical conditions that are severe enough to presumptively preclude a person from working. If you “meet or equal a listing” you will be granted benefits, without the necessity of proceeding to steps 4 and 5 of the sequential evaluation process.

An official from the Social Security Administration spoke at a recent conference I attended. He said that 10 or so years ago, 90% of all the disability claims were decided based on the listings. Today, however, just 50% of the claims are decided based on the listings. That’s a big change, but what does it mean for you?

It means that the most obvious disability claims are still determined according to the listings, and can often be resolved at the initial or reconsideration level. But the remaining 50% of the claims – the ones that are not determined according to the listings – are much more complicated. Those claims will be decided according to your ability to do your past relevant work (step 4 of the sequential evaluation process) and your ability to do other work (step 5 of the sequential evaluation process). Those claims probably will require a hearing before an administrative law judge.

An experienced Social Security attorney can improve the likelihood that you receive the disability benefits you deserve.