DISABILITY BENEFIT RECOVERY

There's a parable in the Bible about going an extra mile, doing more than you have to do.  I want to say a few words about going the extra mile to win a Social Security disability claim. Everyone does the basic, required things.  We interview the claimant, fill out the forms, get medical records and summarize the case in a well written brief (hopefully).  That's "the first mile."  What are some things we can do in the "extra mile"? We can try to get doctors to provide more specific information about the claimant, particularly his or her limitations in work related functions.  Ask the doctor to give an opinion about the how long the claimant can sit, stand and walk.  How much can he lift and carry?  Are there postural limitations - such as bending, squatting, stooping or reaching?  Are there any psychological restrictions to work-like activities, such as difficulty concentrating, getting along with people, or understanding and following directions? We a

No, it isn't the title of a TV reality show; it's a serious question.  In a Social Security disability case, there are often several doctors who give their medical opinions.  Usually, there is at least some disagreement or inconsistencies in the doctor's opinions.  For instance, Social Security's consultative doctor will generally find very little medical evidence supporting disability.  Your "family doctor" or primary care doctor may document more serious problems in the claimant's medical condition.  Which doctor goes to the top of the "pecking order" with Social Security?  Here's the order, in terms of which doctor's opinion is given the most weight: A treating doctor - especially one who has treated the claimant over a lengthy period of time - His/her opinion is given the most weight. A specialist, offering an opinion within his/her area of specialty, is given more weight than a non-specialist (assuming both are treating doctors). 

Serious claimants can win full disability benefits in 2013 with Social Security.  Yes, the program has become tougher - but the process has actually become quicker.  And with professional guidance - truly disabled clients are winning full disability benefits.  There is a catch - but one that can be overcome. The catch is that you are not likely to win any benefits on your first application.  Your initial application goes to a state run agency that makes the first determination on whether you are disabled or not.  And the state agency wears blinders that simply doesn't allow examiners to see disability in the doctor's reports.  As a result, they deny over 70 percent of all applications--which is a horrific failure.  But there's good news. There is an appeal system set up to correct state examiners with over-eager "DENIAL" stamps.  An appeal for Social Security disability is not rubber stamped.  It gets reviewed carefully and by the trained eye of a federal judg

Michael Astrue has completed his term as Commissioner of Social Security and has stepped down.  It will be up to President Obama to nominate a new Commissioner.  As of this writing, the President has not indicated who he will nominate.  The commissioner will no doubt make administrative and policy changes to the nation's Social Security system but must do so within the confines of the law. One example of changes during Mr. Astrue's term as commissioner was the so-called secret judges policy, the policy of not revealing the name of the administrative law judge until the time of the hearing.  That particular decision was very unpopular with attorneys and representatives and was questioned by congressional authorities.   On a more positive note, Commissioner Astrue made quite a dent in the huge backlog of disability cases pending at the Office of Disability Adjudication and Review (ODAR). Social Security's operational budget (or lack thereof) will be the first big chall

Take this sample test.  If you fail the test, you may not want to represent yourself at a Social Security disability hearing.  The following are reasonable items of knowledge that should be expected at any hearing.  Answers are given following the test.  There are no trick questions. 1.  How many years are there in "past relevant work" history? 2.  How many sequential steps are there in evaluating an SSDI claim? 3.  Which exertional level requires the ability to stand or walk for only about two hours out of an eight-hour workday? 4.   True or False?  The inability to walk one block at a reasonable pace over a rough or uneven surface is an example of ineffective persistence and pace? 5.  Jobs at which exertional level usually requires the ability to react appropriately with co-workers, supervisors and the general public? 6.  If an individual is restricted to medium exertional level work, at what other levels can he also perform. 7.  You are alleging disability as of Se