Pierce asserts that the treating physician rule should be rescinded because, in part, too many people are being awarded disability as a result of this rule.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 »
National Organization of Social Security Claimants' Representatives Launches Campaign to Defend Social Security Disability Insurance from Misleading Attacks
Attorneys at Greeman Toomey, PLLC are proud members of the National Organization of Social Security Claimants’ Representatives (NOSSCR). Today, on the 56th Anniversary of the Social Security Act Disability Amendment, NOSSCR is launching a campaign to combat the distorted and negative rhetoric about Social Security Disability programs and those who receive benefits. Part of that… Read more »
"Social Security Disability Insurance’s incentive not to work" – WAPO editorial
A brief opinion piece in the Washington Post today questions the Social Security system, but suggests no solutions. http://www.washingtonpost.com/opinions/charles-lane-social-security-disability-insurances-incentive-not-to-work/2012/07/30/gJQA8UvHLX_story.html?wpisrc=emailtoafriend
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 »
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 »
What is a Consultative Exam?
When a Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim is filed and Social Security confirms that the applicant meets the technical requirements for at least one of the disability programs, Social Security will send the file to a state agency for disability determination purposes. The agency that determines whether an applicant… Read more »
Finally! Social Security Ruling on Evaluation of Fibromyalgia
After years of promising to do so, the Social Security Administration issued its long-awaited ruling on how to evaluate disability claims for people with fibromyalgia. Prior to the issuance of this ruling, social security claimants had to make arguments under other, vaguely related disorders like Chronic Fatigue Syndrome or pain disorders. SSR 12-2p will provide… Read more »
Auxiliary Benefits
Sometimes a family can receive Disability Insurance Benefits (DIB) beyond the impaired person’s benefits. The unmarried children of a successful claimant can receive children’s benefits or auxiliary benefits.” There are three types of unmarried children who qualify for auxiliary benefits under 20 C.F.R. § 404.350: a child under the age of 18, an adult child… Read more »
The Affordable Care Act and People With Disabilities
Interesting piece from Forbes magazine about the potential impact of the Affordable Care Act on people with disabilities. The article makes the rather dubious claim that once the ACA is fully implemented, people with disabilities who are currently covered by Medicaid will leave the public health market in droves because they would not be ‘held… Read more »
