Disability Law Blog

A “closed period” of benefits may be appropriate in Social Security disability claims where the claimant’s impairment has lasted for a continuous period of at least 12 months but improves to the point where the claimant is no longer disabled at the time the claim is ultimately decided (in other words, at the time of …

Previously, the “Treating Physician Rule” provided that substantial weight should be given to the impairment opinions given by a treating doctor in a Social Security Disability Insurance claim. However, starting March 27, 2017, the Social Security Administration (SSA) will no longer prioritize the opinions of your personal doctors. …

Applying for Social Security Disability benefits can feel overwhelming. The process is complicated, and many people are unsure why their claim was denied or delayed. To make decisions, the Social Security Administration (SSA) uses a five-step evaluation process. This process is outlined in the federal regulations at 20 C.F.R. § 404.1520. …

The Appeals Council is the final level of administrative appeal following an unfavorable decision from an Administrative Law Judge (ALJ) in Social Security disability claims. Sometimes, evidence may not reach the ALJ before your hearing. Fortunately, you can still submit new evidence to the Appeals Council, provided the following conditions are …

I have seen other attorneys post that a criminal background will not keep a claimant from receiving Social Security disability benefits as long as the claimant does not have an outstanding felony warrant. This is mostly correct. However, there is one additional “felony impairment” rule: a claimant cannot receive Title II Disability Insurance …

During the 1950s and1960s, the Social Security Administration published comic books relating to Social Security disability benefits and other Social Security issues in an effort to reach the younger individuals. Apparently, Social Security representatives recognized that comic books were an effective method of communicating with the youth of those …

AARP recently launched its Social Security Benefits Calculator, a planning resource to help Americans decide when to claim benefits and to assist them in preparing for retirement. Many people question when they should claim Social Security benefits. Amazingly, more than half of those claiming retirement benefits in 2009 elected to receive benefits …

The rules and requirements to qualify for Social Security disability cases are relatively straightforward. In short, to be eligible for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) disability benefits, a claimant must satisfy both the medical and non-medical (financial) requirements for benefits. You …

Today, the National Review published a partisan attack on the organization Binder & Binder and collaterally on the Social Security Disability system of benefits in an article titled Binder on Binder & Binder. Notice that I called Binder & Binder an organization, not a law firm. This is by choice, as it is not really …

Navigating the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claim process can be challenging and lengthy. Many claimants wait months for a decision on their claims, which often creates financial hardships for them. There is not much you can do to speed up the application process. If the SSA denies your …

The Social Security Administration (SSA) is committed to providing Social Security disability benefits quickly to claimants whose medical conditions are so serious that they clearly meet Social Security’s strict disability standards. Social Security’s two fast-track processes, Quick Disability Determination (QDD) and Compassionate Allowances (CAL), …

National numbers and statistics show approximately 70% of all initial applications for Social Security disability benefits are denied by the Social Security Administration (SSA). This website is dedicated to educating you about the Social Security disability application and appeal process to try and increase your chance of winning your disability …

This is where many claimants go wrong. I cannot tell you how many times I have spoken with Social Security disability claimants who received an unfavorable Notice of Determination or Notice of Reconsideration, and then failed to take immediate action. It happens for many reasons. They put the letter aside out of frustration or despair. The claimant …

Note: SSR 06-03p was Rescinded by Federal Register Notice Vol. 82, No. 57, page 15263, effective March 27, 2017 SSR 06-03p is a Policy Interpretation Ruling in SSDI and SSI disability claims titled ‘Considering Opinions and Other Evidence from Sources Who Are Not “Acceptable Medical Sources” in Disability Claims; Considering Decisions on …

It doesn’t happen very often, but every now and again a claimant will ask me if the Social Security Administration conducts surveillance to use against the claimant in processing continuing disability review (“CDR”) claims. Up until this weekend, I would have said, “No. Although possible, I have never heard of the Social Security Administration …

Applicants and claimants for Social Security disability claims often ask me whether they “really” need an attorney to represent them through the application and approval process for benefits. I would never state that you need to hire an attorney because a claimant may go through the entire appeals process without an attorney or other …

The definition of disability for Social Security claims is different from the definitions of disability used by insurance companies like New York Life or Unum. Social Security pays only for total disability. No benefits are payable for partial disability or short-term disability. For all individuals applying for disability benefits under Title …

Once your Social Security Disability hearing is completed, the Administrative Law Judge (“ALJ”) will issue a written decision. The length of time it will take to issue the decision depends on the individual Judge. In the Pensacola, FL / Mobile, AL area, the time ranges from just a couple weeks to over six months. The …