Social Security Disability Insurance (SSDI) – Immediate Action Needed

If you are receiving Social Security Disability Insurance (SSDI), please read the following bulletin and contact your Congressman or Congresswoman! Proposed House Rules Will Prevent Congressional Debate on Social Security Solvency. Congressional Republicans proposed heavy-handed rules that would forbid the House from considering certain legislation about Social Security. These rules would not allow the House to

Social Security Disability Insurance (SSDI) – Less Favorable Decisions

I periodically report on the increasing processing times for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claimants waiting for hearings. One of the reasons for these increases is the dramatic decrease in on-the-record (OTR) decisions issued by Senior Attorney Adjudicators (SAAs). SAAs can issue fully favorable OTRs usually in cases where the

Social Security Disability – GAF Scores

In July of 2013, the SSA released guidance to adjudicators regarding the usefulness of GAF scores in Social Security Disability and SSI claims. With the publication of the Fifth Edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), GAF scores are no longer included and the question arises of what will the SSA do with

Social Security Disability – 10 Reasons Hearings or Appeals Lost

Social Security Disability or SSI claimants and representatives often are faced with Unfavorable Decisions from ALJs or non-referrals or reviews by the Appeals Council.  Here are ten reasons that sometimes prevent a favorable outcome. 1. Failure to formulate a complete and detailed theory of the case, covering ALL FIVE steps of the sequential evaluation. 2. Failure to ask for the

Social Security Disability – Benefit Offsets

Some Social Security Disability benefits can affect amounts recovered under other federal, state, and/or private benefit policies. First, amounts received under Title II can affect a claimant’s eligibility for SSI benefits under the federal statutes or can at least reduce those amounts to a smaller amount. Benefits paid under Title II of Social Security can also

Social Security Disability – More COLA Information

As noted in a recent post, Social Security Disability and SSI recipients will see a 1.7% increase in benefits for the cost-of-living adjustment (COLA) starting in January of 2015. The COLA is based on the Consumer Price Index from the third quarter of the current year. However, the COLA affects many important aspects of the

Social Security Disability – Hearing times and approval rates

Unfortunately, the news for Social Security Disability and SSI claimants waiting for a hearing continues to worsen in terms of wait times for hearings and percentage of people awarded disability. Since September of 2014 when I lasted posted on the subject, the situation has not improved in terms of wait times or average approval rates. The

Social Security Disability – Cost-of-Living Adjustment (COLA)

Social Security Disability and SSI recipients will see a 1.7% increase in benefits due to the cost-of-living adjustment (COLA) starting in January of 2015. Every year in October the government announces the COLA.  The COLA is based on the Consumer Price Index from the third quarter of the current year. The COLA affects many important aspects

Social Security Disability – Severity of Mental Claims

In Social Security Disability and SSI claims involving mental conditions, the claimant must show that through evidence that the conditions are severe and disabling (click here for information on evaluation of mental claims in general). In its regulations, the Social Security Administration describes various types of evidence it considers when determining these factors. The SSA

Social Security Disability – New Rules on Video Hearings

For several years now, the Social Security Administration has been trying to implement video teleconferencing (VTC) for Social Security Disability and SSI hearings. There are several proffered rationales including decreasing the disparity of wait and approval times between different hearing office. I personally do not like participating in VTC hearings and believe that they are

Proving Limitations in a Social Security Disability Claim

In Social Security Disability and SSI claims, the main focus almost always is proving the Claimant’s residual functional capacity (RFC) is such that he or she qualifies for disability under the Social Security Administration’s regulations.  Last week, I discussed showing limitations through lay testimony and this week the focus will be on proving a claimant’s RFC

Social Security Disability Hearings and Lay Testimony

In my Social Security Disability and SSI claims, the question often comes up whether it is a good idea to have witnesses other than the claimant testify at the hearing.  This is also known as “lay testimony.”  Most ALJs frown on bringing a load of lay witnesses if the testimony will be duplicative. However, sometimes

Update on Social Security Disability Hearing Stats

As noted in the past, Social Security Disability and SSI claimants continue to see a worsening trend in terms of hearing office processing or wait times and percentage of claims being approved at the hearing level. This trend has steadily continued over the last few years and has worsened since just July of 2014. The

Social Security Disability and Dictionary of Occupational Titles

As discussed previously, Social Security Disability and SSI claims involve consideration of vocational factors. One of the main resources for vocational information for the Social Security Administration is the Dictionary of Occupational Titles or the DOT. The Dictionary of Occupational Titles (DOT) was developed in response to the demand of an expanding public employment service

Social Security Disability and Past Relevant Work

As discussed recently, in deciding Social Security Disability or SSI claim, the Social Security Administration follows a sequential evaluation process. At step 4 of that process, the SSA looks to see if the person applying for disability can do her past relevant work. But what is past relevant work? The term “work experience” means skills