Category Archives: Social Security Disability

Social Security Fast-Track Disability Processes Get Even Faster

Written On October 13, 2010 By Bob Kraft

This press release was issued today by the Social Security Administration:
New Rules Will Further Speed Benefits to Tens of Thousands of Americans with Disabilities
Michael J. Astrue, Commissioner of Social Security, today announced that the agency has published final rules that will further reduce the time it takes to decide applications for disability benefits from those [...]

Posted in Social Security Disability

Don’t Hold Your Breath for a Social Security Cost-of-Living-Adjustment for 2011

Written On October 11, 2010 By Bob Kraft

The official announcement as to whether there will be a cost-of-living-adjustment (COLA) to Social Security benefits for 2011 will come later in October. But as the situation stands now, the odds are good there will not be an adjustment. That would be two years in a row with no benefits increase.
The COLA calculations are complicated [...]

Posted in Government, Social Security, Social Security Disability

Bill Introduced to Provide One-Time $250 Payment to SS Recipients

Written On August 23, 2010 By Bob Kraft

The Chairman of the House Ways and Means Social Security Subcommittee, Rep. Earl Pomeroy (D-ND), has introduced H.R. 5987, The Seniors Protection Act of 2010, that would provide a one-time $250 payment to retired and disabled Social Security and SSI beneficiaries (and to veterans) if there is no cost-of- living adjustment (COLA) announced for 2011.
Any COLA for 2011 will be determined [...]

Posted in Social Security, Social Security Disability, Veterans Benefits

Featured Link – Crohn’s and Colitis Foundation

Written On August 17, 2010 By Bob Kraft

Our Social Security disability department sees a lot of Crohn’s disease and colitis cases. There is an excellent resource site for people suffering from these diseases, by the Crohn’s & Colitis Foundation. Here is a description from the site:
About the Crohn’s & Colitis Foundation
The Crohn’s and Colitis Foundation of America is a non-profit, volunteer-driven organization [...]

Posted in Disability, Featured Link, Social Security Disability

When Cancer Won’t Bring a Social Security Check

Written On July 22, 2010 By Bob Kraft

This guest post is by Ms. Alexis Bonari.
Although Social Security implemented changes in its “Malignant Neoplastic Diseases” criteria in November of 2009, determining disability as a result of cancer can still be difficult. In many cases, extra time is needed for Social Security to decide whether or not disability may be granted. This is due [...]

Posted in Cancer, Disability, Social Security Disability

Featured Link – Alzheimer Statistics in Texas

Written On June 28, 2010 By Bob Kraft

The Alzheimer’s Association has a Web page of statistics for Texas. It’s frightening how many cases are diagnosed each year. Here is a statement from the site:
In the United States, 5.3 million people are living with Alzheimer’s disease, and a new individual is diagnosed with the disease every 70 seconds. Unless something is done, by [...]

Posted in Disability, Social Security Disability

New Social Security Disability Applications Can Take Years Before a Decision

Written On May 17, 2010 By Bob Kraft

The waiting time for Social Security disability applications is such a big problem that it is attracting the attention of the national press. Fortunately, Texas is not near the top of the list of states with excessive waiting times, but it still takes far too long to get an initial decision on an application. This [...]

Posted in Social Security Disability

Social Security Disability and Physical Therapy

Written On May 5, 2010 By Bob Kraft

It’s one of the eternal ironies of life that we do not appreciate the gift of good health until we’ve lost it, and by then, it’s too late to do anything about it. A permanent physical ability is not something we plan for, but when it happens, it changes your life forever. You’re not able [...]

Posted in Social Security Disability

The Role of the Medical Expert in a Social Security Disability Hearing

Written On April 12, 2010 By Bob Kraft

It is not uncommon for a judge in a Social Security Disability case to invite a medical expert to testify at the hearing. Unlike civil litigation, the administrative appeals in Social Security claims do not offer the attorney an opportunity to depose a medical expert prior to the hearing. The testimony of the medical expert [...]

Posted in Social Security Disability

Sciatica and Other Spinal Disorders Under Social Security

Written On April 1, 2010 By Bob Kraft

A number of our Social Security Disability clients suffer from sciatica and other spinal disorders. Individuals suffering from this disorder experience cramping in the thigh and/or shooting pain from the buttock down the leg. The course of prescribed treatment can include anti-inflammatory medications including oral steroids or injections directly into the inflamed area.
Recently we have [...]

Posted in Social Security Disability

Social Security Hearings Backlog Falls to Lowest Level Since 2005

Written On March 2, 2010 By Bob Kraft

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 [...]

Posted in Social Security Disability

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

Written On February 25, 2010 By Bob Kraft

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 [...]

Posted in Social Security Disability

Social Security Adds 38 New Compassionate Allowance Conditions

Written On February 16, 2010 By Bob Kraft

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 [...]

Posted in Social Security Disability

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

Written On February 8, 2010 By Bob Kraft

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 [...]

Posted in Social Security Disability

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

Written On February 2, 2010 By Bob Kraft

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 [...]

Posted in Government, Social Security Disability

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

Written On February 2, 2010 By Bob Kraft

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 [...]

Posted in Social Security Disability

Frequently Asked Questions About Disability Hearings Before Judges

Written On February 1, 2010 By Bob Kraft

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 [...]

Posted in Social Security Disability

Comparison of Denial Rate of Social Security Judges

Written On January 25, 2010 By Bob Kraft

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 [...]

Posted in Social Security Disability

President Signs 2010 Budget Bill – SSA Gets 10% Increase

Written On January 18, 2010 By Bob Kraft

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 [...]

Posted in Government, Social Security, Social Security Disability

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

Written On January 15, 2010 By Bob Kraft

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 [...]

Posted in Social Security Disability