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  A client brought to my attention a recent posting on About.com offering advice by a clinical psychologist on how to file for Social Security Disability benefits. While it's certainly great that this clinician is aware of Social Security Disability benefits and recognizes the importance of getting the word out about Social Security Disability benefits as an option, what I find infuriating is that she does not offer anything new. Rather than recommend that disabled people consider speaking to an attorney well versed in the Disability process, she offers generalizations gleaned from what appears to be a quick review of the Social Security website. She lays out the process as simple, fails to mention any of the well known pitfalls common to disability claims, and implies that 'disabled' people will be approved. What she completely fails to take into consideration and certainly does not mention to her readers is that a claimant for Social Security disability benefits cannot si

  Beginning on March 1, 2011, Social Security checks will no longer be mailed out to new recipients of disability benefits. The Treasury Department recently announced that all United States Government benefits payments will be made electronically to beneficiaries via direct deposit or onto a special debit card. Social Security Disability and Supplemental Security Income claims allowed on or after March 1, 2011 will be affected.  https://askcompetentlawyer.com/   Those whose claims were allowed before that date will have until March 1, 2013 to make the conversion if they are receiving their checks in the mail. For those who do not have a bank account into which the benefits can be deposited, the Treasury Department has a Direct Express debit card to which payments will be made. That same card also accepts payments of Veterans benefits, Unemployment benefits, and Railroad Retirement benefits. The move to paperless transactions is hoped to improve government efficiency and reduce costs no

  I read with interest a report that conducting video hearings is a new measure to help reduce the backlog of claims pending a Social Security disability hearing. I have been participating in video hearings for a number of years, and have found that the effort to farm out hearing to other offices and do them by video has had mixed success vis a vis the hearings backlog. The problem is that very often, cases get shipped from one hearing office to another where each time they are put in the end of the queue for a hearing.  https://askcompetentlawyer.com/business-commercial-litigation/   This means that a case that sat in office #1 for 8 months and was then shifted to office #2 to help ease backlogs in office #1 will be find itself behind newer cases that were referred to case #2 for a 'live' hearing. Furthermore, nothing is necessarily gained using a video hearing for claimants who have difficulty traveling, since these hearing can still only be conducted at a Social Security off

  The central question in a Social Security Disability case is whether the person seeking benefits can still work. As a recent decision by the U.S. District Court for the District of New Jersey in   Kuczewski v. Commissioner  shows, this can often be a complicated inquiry. It requires considering a person's educational background, job history and physical and cognitive abilities, among other factors. Anthony Kuczewski suffered permanent back and leg injuries as a result of a 1977 car accident when he was 15 years old.  https://askcompetentlawyer.com/civil-litigation/  He filed a claim for Social Security Disability Insurance (SSDI) benefits in February 2009, asserting that he became disabled and unable to work due to the limitations imposed by his injuries. The Social Security Administration (SSA) denied the claims initially and on reconsideration. Following two hearings before an SSA Administrative Law Judge (ALJ), the judge determined that Kuczewski was disabled under the applica

  First impressions mean a lot, especially when we as Disability attorneys are trying to determine the strength of a case the first time we meet a potential client. Many claimants come in with a family member or close friend who has taken on the role of caregiver to one degree or another. A recent incident involving my wife has given me more appreciation for those other people who come in and sit with the claimant, often answering many of my questions. My wife is a strong bicyclist, but she fell about two weeks ago when she hit a stretch of bad road. She suffered a mild concussion, stitches in her face, and bruising and road rash over her whole left side. She had to take a week off from work and I had to take her to the doctors plus take on the shopping and meal preparation (I wouldn't call it "cooking"). This week she's back to work but still not driving, so I take her to the train station and pick her up. She shouldn't have any permanent problems, but I have gai

  Often, victory in a Social Security Disability case comes down to how much longer than two hours a claimant can stand in an eight-hour day. In certain cases involving claimants over the age of 50, we as practitioners take advantage of the Medical-Vocational Guidelines to show that while an older individual may be physically capable of engaging in alternate work activity, his or her age, education, and past work experience make it impossible or unrealistic for that individual to adjust to that kind of work. In my experience, Administrative Law Judges (ALJs) frequently take advantage of the huge exertional differences between "sedentary" and "light" work - namely, the standing requirements - to deny claims under the Medical-Vocational Guidelines. The Social Security Regulations classify how strenuous a job is and categorize it as anywhere from sedentary (i.e. a desk job with little or no lifting) to heavy (i.e. labor-heavy jobs requiring heavy lifting and little to

  Sometimes, a person seeking Social Security Disability benefits is unable to work due to one single physical or mental condition. Other times, a claim may be based on the combined effects of an array of impairments on the claimant's capacity to continue working. In these cases, as the U.S. District Court for the Northern District of New York explains in   Laframboise v. Commissioner of Social Security , the Social Security Administration and its judges must consider the effects of each and every impairment on the claimant's ability to work. Mr. Laframboise filed a claim for disability benefits with the SSA, asserting that he is unable to work due to heart disease as well as a lower back condition, carpal tunnel syndrome and knee pain. The SSA initially denied the claim and, following a hearing, an SSA Administrative Law Judge found that Laframboise was not disabled for benefits purposes. Although his coronary artery disease and related heart ailments were a severe impairment

  Last month, I wrote with excitement about how I was finally going to view my clients' claims files on a special Social Security representatives' website, using highly secure passwords and access codes provided by the Agency. Well, after using the resource for nearly a month, I can say that I am pleased with the efforts that they put both into securing my client's information from inappropriate eyes and providing me access to the information. I won't say that the process is without hitches; cases that are coded to my partner or to my associate are not accessible using my access codes, for example.  https://askcompetentlawyer.com/intellectual-property-rights/   However, for the cases that I can pull up, there is tremendous value. Now, rather than waiting for a hearing office to respond to my telephone or fax request for a CD of the Administration's file, I can just log on and review what they have. I can cross check the claims file with what we have to make sure I d

  A disturbing trend has emerged at local Social Security offices that is hurting everyone applying for Social Security Disability and SSI benefits. Many local offices have little more than half the staff they used to, as budget cuts over the past decade have made it impossible to replace the many experienced and knowledgeable employees that have either retired or moved on in their careers. The result is that even with electronic filing, cases are often not being sent to the State Agency in a timely manner to start the medical evaluation that is the heart of the process. Although at our own firm we file our initial applications electronically, there are still actions that the local staffers must take to process the claim. More and more, those are not being done or are greatly delayed, despite their routine nature. Additionally, we are finding that due to inexperience and limited training, the SSA staffers often fail to complete the routine clerical process, leading to difficulties for

The Social Security Disability Insurance (SSDI) benefits program provides financial support to people who are unable to work for at least one year due to physical or mental disability. While more than 13,000 disabled people received SSDI benefits in April alone, many people who are presently able to work are not aware that they may be eligible for benefits based on a disability that may have ended. Persons who were previously disabled, but are presently able to work may be eligible for SSDI benefits covering what the Social Security Administration calls a " closed period of disability."  This term refers to a period during which medical evidence establishes that the person was unable to engage in substantial gainful work activity for a continuous period of 12 months, but by the time the disability decision is made, the person has shown medical improvement, whether or not they have returned to work. In order to obtain SSDI benefits for a closed period of disability, the claima

  The law requires the Social Security Administration and its judges to make very specific findings in considering the severity of any impairments suffered by a person seeking Disability benefits. In   Charlton v. Commissioner of Social Security , the U.S. District Court for the Northern District of New York explains that it simply can't decide whether an SSA decision on a claim is justified where the agency hasn't performed the required analysis. Mr. Charlton filed a claim for Social Security Disability Insurance benefits and Supplemental Security Income in April 2010. He claimed that he had been disabled since early September 2009, as a result of mental impairments including intermittent explosive disorder, depression and anxiety.  https://askcompetentlawyer.com/civil-litigation/   The first of these impairments is characterized by repeated episodes of impulsive, aggressive and violent behavior or angry verbal outbursts. The SSA initially denied the claim. Following a hearing

  The Social Security Disability benefits   claim process   can be long and complicated. Below is a brief description of the process and the general timeframes for each step. Initial Decision (4 to 6 months)  The claim process begins with the filing of a benefits application, which may be submitted by mail or online to a local Social Security Administration (SSA) office. After reviewing the claim, which can take three to five months, the SSA issues an initial decision. https://askcompetentlawyer.com/  Applicants who suffer from certain severe impairments may be able to request a "Compassionate Allowance" via an SSA program that fast tracks certain claims, speeding decision times up to six to eight weeks. If the SSA determines that the applicant is disabled and entitled to benefits, the application is transferred to a Social Security Payment Center, where the benefits amount is calculated. The retroactive payment typically comes approximately 30-45 days after a favorable decis

  The basic idea behind   Social Security Disability benefits   is a simple one: people pay into the system for the security and peace of mind, knowing that they can count on at least some level of financial support in the event that they are not able to work due to a physical or mental impairment before reaching retirement age. Unfortunately, obtaining these benefits if the time ever comes that you need them is often not so simple. The good news is that persons seeking disability benefits can go a long way in navigating the process and putting the strongest possible claim before Social Security Administration decision makers and judges by seeking the counsel and advice of an experienced SSD attorney. The process of obtaining SSD benefits can be long, complicated and aggravating. In fact, we have found that many people give up on their claims without even completing their applications when they realize the extent of the information, documentation and other evidence required. Meanwhile,

  In   Social Security disability cases , medical evidence - doctor's opinions, treatment records, objective clinical studies etc. - is the key to winning a claim. That is, a clear and accurate record showing that the claimant suffers from an impairment or combination of impairments affecting his or her ability to work makes it more likely that a claim will ultimately be approved. In   Troy v. Commissioner of Social Security , however, the District Court for the District of New Jersey explains that medical evidence is not the only thing that a Social Security judge must consider in reaching a decision on a disability benefits claim. Plaintiff Candace Troy received Social Security disability benefits from 1976 to 1981. In 2007, she filed a claim for retroactive benefits related to a disability period that began in 1991. Plaintiff asserted that she's been unable to work since that time as a result of depression and personality disorder. The Social Security Administration (SSA) de

  In order to prove a claim for   Social Security disability benefits , an individual must provide the Social Security Administration (SSA) with clear and convincing medical evidence that details the extent of the claimant's impairment, its onset date and its effect on the claimant's ability to perform work. While the Eastern District of New York recently ruled in   Stokes v. Commissioner of Social Security   that an SSA Administrative Law Judge (ALJ) considering a claim bears some of the responsibility to clarify the record in certain situations, a claimant is well advised to present as much evidence as possible the first time around. Plaintiff Elizabeth Stokes filed a disability benefits claim, alleging that she's unable to work due to both a right knee injury and Multiple Sclerosis. The SSA denied the claim. Plaintiff then appeared at an administrative hearing before an SSA ALJ. The ALJ determined that she is not disabled for benefits purposes because, although Plaintiff

  In   Bathrick v. Astrue , the District Court for the District of Connecticut reminds the ALJ's once again that they cannot make a decision on a   disability benefits claim   without referring to evidence in the record that is sufficient to support it. Sarah Bathrick filed a Social Security Disability benefits claim, asserting that she's unable to work as a result of a number of mental impairments as well as nerve damage in her right leg that resulted from a spider bite. The Social Security Administration (SSA) denied the claim and Ms. Bathrick then appeared before an SSA Administrative Law Judge (ALJ) in an administrative hearing. The ALJ determined that Plaintiff was not disabled because she retained the residual functional capacity (RFC) to perform "medium work, limited to jobs involving simple, routine, repetitive tasks with short simple instructions and few workplace changes." On appeal, the District Court remanded the case to the ALJ for further proceedings bec

  As experienced   Social Security Disability attorneys   who have represented clients in New York, New Jersey and Connecticut over a combined 50 years, we know that doctor opinions can go a long way in proving a disability benefits claim. In   Gay v. Commissioner of Social Security , the District Court for the Eastern District of Michigan explains that - as important as doctor opinions are - the conclusions in any opinion must be supported by either the findings of a medical examination or the claimant's medical record. The Social Security Administration (SSA) denied Plaintiff Jerry Gay's claim for Social Security Disability benefits, in which he asserted that he's unable to work due to low back pain. Plaintiff then appeared before an SSA Administrative Law Judge (ALJ) at an administrative hearing. In a written opinion, the ALJ found that Plaintiff was not disabled for benefits purposes because he retained the ability to perform light work (lifting no more than 20 pounds a

  Sometimes a decision in a   Social Security Disability case   makes you scratch your head. In   Small v. Commissioner of Social Security , the U.S. District Court for the Middle District of Florida took on a case where a Social Security judge found that a disability benefits claimant was disabled before he later found that she was not disabled. In 2003, Plaintiff Angela Small filed a claim for Social Security disability benefits, asserting that she was unable to work due to back pain, migraines, anxiety and depression. The Social Security Administration (SSA) initially denied the claim. In a hearing before an SSA Administrative Law Judge (ALJ), the Plaintiff's lawyer informed the ALJ that she wanted to amend her claim to assert that her disability only lasted from April 1, 2003, to July 22, 2005. The judge awarded benefits for this "closed period" of disability. Plaintiff later appealed, claiming that she remains disabled and should be awarded benefits beyond July 2005.

  We know that the Social Security Disability claims process can be a long, complicated and even intimidating experience for a person who is injured, unable to work and seeking benefits. As the Sixth Circuit Court of Appeals' decision in   Rife v. Commissioner   shows, a claimant should not give up until the process is complete. We advise our clients that the initial and reconsideration denials are designed to discourage claimants from going further with their claims. Plaintiff Donald Rife filed a claim for Social Security Disability benefits, asserting that he was unable to work due to a back injury that he sustained working on a construction job. After the Social Security Administration (SSA) denied the claim, Rife appealed and requested a hearing before an SSA Administrative Law Judge (ALJ). The ALJ determined that Rife could not return to construction work, but was not disabled for benefits purposes because, because he retained the residual functional capacity (RFC) to perform