Social Security Disability Blog

There is also a way to get a quicker hearing date if a claimant has a critical illness. This occurs when a claimant’s illness is terminal and referred to as a “TERI case” (short for Terminally ill). In this instances the inevitably the claimant will end up passing away. Due to their sensitive time frame TERI cases are given evaluation priority for as soon as possible. Critical illness case claims will still be subject to the regular evaluation process. The regulation states: I-2-1-40. Critical Cases A. General The Office of Hearings Operations (OHO) determines a case is “critical” and requires special processing in the following… Continue Reading Critical Illness Cases Can Be Expedited More...

The Social Security Administration (SSA) is well aware of how incredibly long it takes to schedule a hearing for someone asserting disability. Disability applicants often have to wait a year and a half for this hearing, even while their funds are disappearing, they are hurting, and bills are stacking up. There is no doubt in our mind that SSA needs more of a budget to employ more judges and staff to reduce the terribly long wait time for these hearings. Many applicants will win, showing that the SSA was in error for denying these people disability benefits and unnecessarily causing these hardships. Social Security has… Continue Reading Dire Need Cases More...

Recent articles indicate that the Trump Administration is expanding Social Security’s ability and funding to look at a disability applicant’s Facebook or social media accounts. This, however, is nothing new as Social Security has always been able to investigate issues like this. However, there is now more of a focus on this “evidence.” If, for example, a picture on Facebook shows you walking around a mall when you have stated you have problems ambulating, it will be evidence that you can ambulate. It might even negate another picture which shows, for example, you using a four pronged cane at a birthday party. It might also… Continue Reading Disability and Facebook More...

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,… Continue Reading Claims Designated as “Critical” at the Hearing Level (Dire Need) 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… Continue Reading Procedure and What Happens at a Social Security Disability Hearing? 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… Continue Reading New Federal Court Decision 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… Continue Reading Blood Disorders Can Form Disabling Basis For Receipt of Disability Benefits 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… Continue Reading The Importance of Your Doctor’s Opinion in the Social Security Disability System 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,… Continue Reading Disability and the Failure to Follow Prescribed Medical Treatment, or Inability to Access Medical Treatment. 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… Continue Reading Asthma and Disability More...