Category Archives: Social Security Disability Insurance (SSDI)

When someone applies for Social Security Disability or SSI, the Social Security Administration follows a five-step sequential evaluation for determining eligibility.  This process is followed regardless of the level of decision (application, reconsideration, or a hearing).  This is the process used for adult claims. For information on the process for childhood SSI click here. The five steps

In Social Security Disability or SSI claims, the residual functional capacity (“RFC”) (to learn more about exertional levels click here) of the Claimant is very often the determining factor in whether the person is found disabled. The SSA looks to what physicians, psychologists, or other medical sources have to say about the individual’s limitations or abilities. Opinions

Persons can qualify for Social Security Disability or SSI benefits based on conversion disorder or somatoform disorder. If a person is not working and has been diagnosed with this severe condition, the Social Security Administration will determine whether the person is disabled under a listing or whether jobs exists considering the person’s residual abilities. In

Social Security Disability and SSI claims often deal with physical ailments and their effects on a person’s ability to do work. The Social Security Administration determines whether the person seeking benefits can perform his/her past work and whether other work exists considering his/her residual functional capacity, i.e. what the claimant can still do despite her

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. Just a few months ago, in May of 2014, I posted the latest information on wait times and approval rates. Things have worsened since then!

Often Social Security Disability claimants are confronted with a dilemma after receiving an unfavorable decision from an administrative law judge following a hearing. Does the claimant appeal to the appeal council, which can take a long time and is often unsuccessful, or file a completely new application? Years ago, a claimant could do both. However,

Social Security Disability claimants should know that on April 3, 2014, the Social Security Administration published Social Security Ruling (SSR) 14-1p, “Evaluating Claims Involving Chronic Fatigue Syndrome (CFS)” rescinding SSR 99-2p. SSR 14-1p is effective April 3, 2014. For the full text, go to SSA’s website.  Pertinent parts follow below: The Act and our regulations further require that

Decisions on proposed changes for Social Security Disability HIV and neurological disorders listings will be delayed allowing an extended comment period. The Social Security Administration (SSA) issued a correction to the proposed changes to the HIV infection listings, which extends the comment period. The correction removes changes to listings 113.00 that were inadvertently included in

A      person can qualify for Social Security Disability or SSI benefits if he suffers from Crohn’s disease or inflammatory bowel disease. Crohn’s disease.  The Social Security Administration (SSA) follows a step-by-step evaluation to determine if someone is medically qualified for disability benefits. At the third step of the process, the SSA looks to see if

People applying for Social Security Disability or SSI are waiting longer to have their cases heard and fewer cases are being approved. The national average processing time for claims before the Office of Disability Adjudication and Review is up to 392, which is an increase of 10 from February of 2014, and up from 372 in

In claims for Social Security Disability or SSI, the ability or lack thereof to carry out certain activities of daily living (ADLs) has a great impact on the success of the claim. For instance, I received discussed the requirements for qualifying for SSD or SSI due to amputation(s). In some of the SSA’s listings, the

There is some good news for disabled veterans going through the Social Security Disability or SSI process! Effective March 17, 2014, the Social Security Administration (SSA) began expediting disability claims for veterans receiving VA service-connected disability and who have a rating of 100% “Permanent and Total” disability form the Department of Veterans Affairs. The SSA

If a Social Security Disability or SSI claimant loses at a hearing before an administrative law judge (ALJ), the next step of the process often is an appeal before the Appeals Council (AC). At the AC, the SSA looks to determine if the ALJ’s decision is not supported by substantial evidence or errors of law

A person can qualify for Social Security Disability or SSI benefits if she has suffered from an amputation or amputations. The Social Security Administration (SSA) follows a step-by-step evaluation to determine if someone is medically qualified for disability benefits. At the third step of the process, the SSA looks to see if the person has

On March 3, 2014, the Federal District Court for the Eastern District of Tennessee sitting at Knoxville overturned the Commissioner’s decision to deny Social Security Disability benefits to Rhonda Jackson, one of the firm’s clients. The case will be remanded back to the Office of Disability Adjudication and Review for another hearing. As noted by

In Tennessee, as well as nationally, the vast majority of people applying for Social Security Disability or SSI benefits are denied upon application. At Reconsideration, or the first appeal, the denial rates only go up. Recent statistics show that over 75% of applications are denied and over 94% of requests for reconsideration are denied. Claimants

A person can qualify for Social Security Disability or SSI benefits based on severe schizophrenia, paranoia, or other psychotic disorders. If a person is not working and has been diagnosed with one of these severe conditions, the Social Security Administration will determine whether the person is disabled under a listing or whether jobs exists considering the

The Social Security Administration has proposed changes that would affect people seeking Social Security Disability or SSI benefits for cancers.  The SSA is seeking changes to the Malignant Neoplastic Diseases Listings of Impairments. The listing was last changed in 2009. The proposed changes are: Change the body system from “Malignant Neoplastic Diseases” to “Cancer.” How cancer

Applying for and persevering through the process to qualify for Social Security Disability or SSI benefits can be a frustrating, disappointing, and lengthy ordeal. The entire process from application to a hearing before an administrative law judge can often take up to 2 years. Veterans often face a double whammy of fighting the Social Security

Social Security Disability and SSI claims are decided upon what a person can still do – the Residual Functional Capacity – and whether that person can do his/her past relevant work – that work performed over the last 15 years. Recently, I looked at the Social Security Administration’s definitions of sedentary and light. This week,