Pierce asserts that the treating physician rule should be rescinded because, in part, too many people are being awarded disability as a result of this rule. Basically, the rule states that great weight should be afforded the opinion of a treating source opinion regarding his patient’s ability to work. The reasoning behind the rule is… Read more »
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Seriously….Do I really need an attorney for this?
Claimants often wrestle with the question of whether or not to engage an attorney in trying to secure benefits. As an attorney who has spent six years representing claimants, and over twelve years representing the Social Security Administration at the Federal Court and Circuit Court of Appeals levels, I can say from both perspectives the… Read more »
Case Note: When evidence is “New and Material” to the Appeals Council
Greeman Toomey is currently representing a seriously ill client who we will call Mr. E. Mr. E was born with type I diabetes, and at the time of his hearing before an Administrative Law Judge was in his mid-twenties, with diabetic neuropathy in his feet. Mr. E. was denied benefits by the Administrative Law Judge…. Read more »
How well do you Know Social Security?
Social Security is a huge administration that provides retirement and disability benefits to millions of Americans every month. Sometimes the programs Social Security offer can be confusing and many people don’t know anything about Social Security besides they pay taxes to the administration and they will get some sort of retirement when they get older…. Read more »
Even Healthy Workers should be Aware that a Disability can Happen to Them
How many times do you turn on the TV news and see a report of a senseless shooting or murder where nearby residents of the neighborhood always seem to say “I didn’t think that could happen in a place like this?” A lot of people have a similar opinion about their chances of becoming disabled…. Read more »
Why Daily Activities are Important in a Disability Case
After a Social Security disability claim is filed the question of an applicant’s daily activities will come up numerous times before the case is ultimately decided. During the early stages of a case an applicant will receive a questionnaire known as a Function Report. This report will ask several questions about an applicant’s daily activities…. Read more »
Convictions and Prisoners
Social Security and Supplemental Security Income (SSI) payments generally are not payable for months that an individual is confined to a jail, prison or certain other public institutions for commission of a crime. A person is not automatically eligible for Social Security or SSI payments when being released from prison or jail. If you are… Read more »
Arrests and Parole
Social Security and Supplemental Security Income (SSI) payments generally are not payable for months that an individual is confined to a jail, prison or certain other public institutions for commission of a crime. A person is not automatically eligible for Social Security or SSI payments when being released from prison or jail. If you are… Read more »
I received a Notice of Decision – Partially Favorable. What does that mean?
There are two types of partially favorable decisions. One is for a closed period of disability. The other is for an alternative disability onset date. A closed period of disability means the Administrative Law Judge finds that you are disabled for only a certain period of time. You will be paid benefits for this period,… Read more »
Work History Important in Disability Claims
Many Social Security disability applicants fail to realize that a Social Security Disability Insurance (SSDI) claim is not just about whether an applicant is disabled. Of course medical information confirming the applicant meets the medical definition of disability is crucial in a Social Security disability case, but so is a strong work history. Social Security… Read more »
