Social Security Disability Blog

The wait for a hearing with the Office of Disability Adjudication and Review (ODAR) can be a long one. We hope for quick hearing dates but often must wait until the judge sets it up on his or her calendar and that can take months. Presently, in the Cleveland ODAR office, claimants can expect a hearing approximately sixteen months after a hearing is requested. Columbus, Cincinnati, Pittsburgh and Indianapolis wait times are similar. In certain cases, however, ODAR identifies claims as “critical” so that they are expedited. Critical cases are those where: •    a claimant’s illness is alleged or identified as terminal (i.e., untreatable, irreversible, More...

If your initial application for Social Security disability benefits is denied, you will typically file an appeal (called a Request for Reconsideration).  If that appeal is denied, you must then attend a hearing before an Administrative Law Judge, who will then decide if you are disabled. Currently, it takes anywhere from 12-19 months to obtain a hearing date from the Social Security Administration.  However, the hearing is arguably the best opportunity you will have to prove to Social Security that you are disabled. It is the one time in the disability process that you will have the opportunity to be in a room and speak More...

In May of 2015 a national publication of the National Organization of Social Security Claimants’ Representatives (NOSSCR) published the MM&A case involving a District Court’s reversal for violating the “Treating Physician Rule”: The district court remanded the case because the ALJ failed to follow the treating physician rule by not providing “clearly sufficient reasons for only affording ‘some weight’ to the treating physicians’ opinions….” The ALJ did not provide good reasons “or in fact any reason for the weight he assigns” the opinions. In his decision, the ALJ only stated that he “gave consideration” and “some weight” to the opinions. The error was not harmless More...

Blood disorders frequently require blood transfusions and or hospitalization and often cause crippling fatigue. The following blood disorders may be disabling: chronic anemia, sickle cell disease, chronic thrombocytopenia, hereditary telangiectasia, hemophilia and similar coagulation defects, polycythemia, myelofibrosis, chronic granulocytopenia, and aplastic anemias with bone marrow or stem cell transplantation. Simply being diagnosed with one of these conditions will be insufficient to prove that your condition disables you. The condition must also be severe enough to prevent you from working. In addition, you must meet certain additional criteria based on the condition diagnosed. Chronic Anemia In order to establish entitlement to disability benefits as a result More...

One of our best weapons for obtaining social security benefits is the opinion of your doctor. Both the Courts and the Social Security Administration place great emphasis on the opinions of a claimant’s doctor concerning disabilities and symptoms. Your own doctor is generally given deference regarding his or her opinion, although a judge can disregard it if they specify good reasons. The case law in our jurisdiction and Social Security’s regulations are well settled: This Circuit has stated “in all cases there remains a presumption, albeit a rebuttable one, that the opinion of a treating physician is entitled to great deference, its noncontrolling status notwithstanding.” Rogers More...

How does the Social Security Administration address situations where an individual has a disability, but does not follow prescribed medical treatment, or who does not obtain treatment due to inability to afford care and due to a lack of health insurance?  Social Security Regulation (“SSR”) 82-59 addresses these situations. SSR 82-59 provides that an individual with a disabling impairment which is amenable to treatment that could be expected to restore the person’s ability to work must follow the prescribed treatment in order to be found to be under a disability, unless there is a justifiable cause for the failure to follow the prescribed treatment.  Thus, More...

Asthma and Disability The Social Security Administration provides for disability benefits in some circumstances involving respiratory conditions such as asthma, COPD, emphysema, chronic bronchitis, etc., may be disabling.  These impairments are governed by Listing 3.00, Part 404, Subpart P, Appendix 1 of the Social Security Law.  Your  respiratory impairment may be documented based on symptoms, physical signs, laboratory abnormalities, and response to a regimen of treatment prescribed by your doctor.  But, it must be established by medical evidence which is sufficiently detailed to allowed the Social Security Administration to evaluate the severity of your condition. If you have been diagnosed with Asthma, your condition may More...

The Social Security Administration has recently proposed changes to the Listings of Impairments. One way for claimants to prove disability is to meet or equal the specific criteria identified in the Listing for their medical condition.  On February 25, 2014, the Social Security Administration issued a Notice of Proposed Rule Making (“NPRM”) to the neurological disorders listings to modify the criteria for evaluating disorders such as multiple sclerosis and seizures. On February 26, 2014, the Social Security Administration issued an NPRM which proposes changes to the evaluation of immune system disorders, including HIV. The Administration has also proposed changes in recent months to the Listings More...

The Social Security Administration issued a press release on Wednesday February 19th announcing a new expedited disability process for Veterans filing for Social Security Disability.  The plan is for the expedited process is scheduled to commence mid-March 2014. In order to receive expedited service, the Veteran must tell Social Security they have a VA disability compensation rating of 100% permanent and total disability and provide proof of this rating with a their VA Notification letter.   Note that the VA rating only expedites Social Security disability claims processing, and does not provide any guarantees of approval for Social Security disability benefits.  The Veteran must still More...

Individuals who suffer from lupus (systemic lupus erythematosus) may be entitled to disability benefits under Social Security Listing 14.02.  The listing provides the criteria for disability as follows: A. Involvement of two or more organs/body systems (i.e. lungs, musculoskeletal system, kidneys, skin, etc) 1. One of the organs/body systems involved to at least a moderate level of severity; and 2. At least two of the constitutional symptoms or signs (such as severe fatigue, fever, malaise, or involuntary weight loss). Or B.   Repeated manifestations of SLE, with at least two of the constitutional symptoms of signs (noted above) and one of the following at a marked level: 1. Limitation in activities of daily More...