Category Archives: Social Security Disability

Social Security Hearings Backlog Falls to Lowest Level Since 2005


That’s the headline of a news release today from the Social Security Administration. I applaud the agency for making strides in reducing the inexcusable backlog and waiting times for Social Security disability decisions. I do have a concern though. Recently we have noticed that some of our clients’ disability cases are being pulled, seemingly at [...]

What is A Medical Source Opinion in a Social Security Disability Claim?


When your Social Security Disability claim contains an opinion on your limitations resulting from your disabling impairments, lawyers and judges refer to this as a medical source opinion. Sometimes a medical source opinion can be given by your treating doctors. Your surgeon, for example, might advise you not to lift more than ten pounds. If [...]

Social Security Adds 38 New Compassionate Allowance Conditions


In a bit of good news for Social Security disability claimants and their representatives, the Social Security Administration has added 38 new medical illnesses to the list of “compassionate allowance” conditions. This means that claimants suffering from one of these problems may be able to accelerate the benefits process and get their benefits sooner. This press [...]

Not Following Doctor’s Orders Is Bad for Your Social Security Disability Claim


Fellow blogger and Social Security Lawyer, Gordon Gates recently updated his blog on the topic of failure to follow prescribed treatment. It is worth reading, and I agree with him that you should avoid this becoming an issue at your hearing.
Under the regulations, your disability claim can be denied if you would otherwise be found [...]

Social Security Awards $20 Million in Contracts For Electronic Medical Records


This press release was issued by the Social Security Administration this week. I hope it will achieve the stated purpose of speeding up the almost unbearably long process of reaching decisions in disability claims.
Michael J. Astrue, Commissioner of Social Security, today announced that 15 healthcare providers and networks have received $17.4 million in contract awards [...]

What is Medical Equivalence to Social Security’s Impairment Listings?


A number of our Social Security clients have impairments that do not satisfy Social Security’s Listing requirements. There are just over 100 Listed impairments that are considered disabling despite age, education, and past work experience. To qualify, the individual’s impairment must satisfy the severity and duration requirements of the Listing. Often however, the strict requirements [...]

Frequently Asked Questions About Disability Hearings Before Judges


Here are a few frequently asked questions and general answers we give to our clients preparing for their disability hearings before Administrative Law Judges at the Social Security Administration. These only scratch the surface, but give you a good idea of questions you might ask your lawyer. These are general answers that apply to most cases, and are not [...]

Comparison of Denial Rate of Social Security Judges


Are you curious as to how different Social Security Administration Administrative Law Judges compare in their ratio of claims allowed to claims denied. All that information is now available online at the Social Security Administration Web site, ALJ Disposition Data. according to the Social Security Administration, the site contains “A listing of hearings completion data [...]

President Signs 2010 Budget Bill – SSA Gets 10% Increase


Congress has passed an omnibus appropriations bill for fiscal year (FY) 2010, which was signed into law by President Obama. As expected, the Social Security Administration will receive a 10% increase over the FY 2009 appropriation.
This increase will allow SSA to proceed with its ODAR hiring plans: 226 new Administrative Law Judges (ALJs), 950 support [...]

Can An 18-Year-Old Full-Time Student Still Get Social Security Child’s Benefits?


Colorado attorney Tomasz Stasiuk wrote one of his usual great posts this week at the Colorado Social Security Law blog. Please read his entire post. Here are some of the highlights:
According to the regulations, an 18 year old full time student can draw benefits through the 12th grade. The regulations, at 20 C.F.R. §404.350, indicate [...]

How Does Social Security Evaluate Disability Claims?


There is a five-step process set out in the Code of Federal Regulations that determines how disability claims are to be evaluated. 20 C.F.R. §§ 404.1520 and 416.920 (2009). If an individual is found disabled or not disabled at any point in this five-step process, the analysis stops and is conclusive on the issue of [...]

Substantial Gainful Activity Amounts for 2010


When Social Security evaluates a disability claim, the first issue they resolve is whether you are engaged in substantial gainful activity (SGA.) As an employee, the amount of monthly earnings are considered. Each year the earnings threshold changes by regulation. The SGA amount for 2010 is $1,000 per month.
If you are an employee earning more [...]

More Texans Apply for Social Security Disability Insurance — and Wait for Benefits


The Watchdog column in the Fort Worth Star Telegram recently had a good article about the hardship of the long waiting time for Social Security disability applicants. This has been a problem for all the years our firm has been representing Social Security disability claimants, and while it is somewhat better now than at times [...]

Fast Facts About Arthritis


We recently attended the Commitment To A Cure Arthritis Breakfast in Dallas hosted by the Texas Chapter of the Arthritis Foundation. Their public health, public policy, and research goals are aimed at finding a cure for the 46 million individuals suffering from arthritis.  In keeping with our goal to educate our readers, we would like [...]

Sleep Apnea and Social Security Disability


Many of our Social Security Disability clients suffer from sleep apnea. Individuals suffering from this disorder frequently experience:

excessive daytime sleepiness (e.g., falling asleep easily and inappropriately),

memory problems, and

frequent awakenings during the night, often with snoring.

The course of prescribed treatment can include positional therapy (e.g., not sleeping on the back), oral or dental appliances [...]

Social Security Sending Corrected Benefit Notices


This press release was posted today by the Social Security Administration:
The Social Security Administration earlier this month mailed notices that contained incorrect January 2010 payment dates.  These erroneous notices went to about 6 million beneficiaries who receive their payments on either the second, third, or fourth Wednesday of each month, and are part of the [...]

Parkinson’s Disease and Social Security Disability


A number of our Social Security Disability clients suffer from Parkinson’s disease. Individuals suffering from this disorder frequently experience the following symptoms:
∙    tremors or shaking,
∙    slow movement, and
∙    difficulty balancing.
The course of prescribed treatment varies depending on which symptoms are most troubling. Medications such as Stalevo are often used, and dosages are frequently modified with [...]

Commitment To A Cure Arthritis Breakfast Is This Week in Dallas


A few weeks ago we reminded everyone about the upcoming Dallas Arthritis Walk to be held in North Dallas on Saturday May 15, 2010, at 12700 Park Central Drive. We would like to take this opportunity to notify everyone about the Commitment to a Cure Breakfast to be held this Wednesday morning, December 2, 2009.  [...]

Featured Link – National Osteoporosis Foundation


The goal of the National Osteoporosis Foundation is to make bone health a reality and a lifelong priority for all individuals. This group has much helpful information on their Web site. If you or a loved one suffer from osteoporosis I encourage you to visit this site.
Osteoporosis is a disease in which bones become fragile [...]

Arthritis, Social Security Disability, and Supporting a Good Cause


A number of our Social Security Disability clients suffer from arthritis. Individuals suffering from this disorder experience the following symptoms:

joint pain,
swelling, and
limited range of motion.

The course of prescribed treatment can include medications, physical therapy, and surgery. Not all individuals who have been diagnosed with arthritis will be found disabled under Social Security rules. One source [...]