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Articles Posted in The Administrative Procedure

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The Social Security Disability Reconsideration Appeal Process Returns to New Hampshire

As a practicing Social Security disability lawyer handling claims throughout New England for the last 35 years, I have seen a number of changes to the Social Security disability program. For the majority of that time, from October, 1999 up through 2018, New Hampshire has been anomaly in terms of…

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Your Social Security Lawyer’s Ethical Obligations under the New Rules of Professional Conduct

The Social Security Administration has promulgated a set of rules of professional conduct that your Social Security representative must follow during the course of their representation.   While one might think these rules are meant simply to protect the public and disability claimants from unscrupulous rules, in fact the rules are…

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Whether to Appeal Your Social Security Disability Denial to Federal District Court

The Social Security rules and regulations provide a disability claimant with a number of opportunities to appeal should one be denied.   Following an initial denial, a Maine or Massachusetts Social Security disability claimant would appeal the decision by way of filing a Request for Reconsideration  and then, upon further denial,…

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Considerations When Applying for Social Security Disability for PTSD

We frequently represent individuals in Social Security disability claims who are suffering from the effects of Post Traumatic Stress Disorder (PTSD), in circumstances that many times involve military Veterans who have served our country.  This may result from involvement in armed conflict or as a result of military sexual assault. …

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Considerations When Pursuing a Maine Social Security Disability Claim Based on a Seizure Disorder

There are a number of important considerations to keep in mind when suffering from a seizure disorder as you consider applying for Social Security disability benefits whether you’re in Maine, Massachusetts or New Hampshire.  Understanding how the Social Security Administration (SSA) analyzes such claims can help avoid unexpected surprises down…

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Why is a Vocational Expert at my Social Security Hearing Saying I can be a Surveillance System Monitor?

The Social Security process is a complex and cumbersome process to say the least.   Without the guidance of a capable Social Security lawyer, it can become overwhelming trying to understand why things are happening the way they are, especially at your hearing.  Why the Administrative Law Judge (ALJ) is turning…

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Why Have I Been Denied Social Security disability benefits when my Doctor has said I’m Disabled?

We are many times called by individuals who have been denied their Social Security disability claim (whether it be on their initial claim, reconsideration or at hearing) despite what they inform us is their doctor’s supportive letter.   It is not uncommon to see a disability claimant simply asking their doctor…

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Reopening a Prior Administrative Law Judge Denial: The Res Judicata Doctrine

And so you find yourself in the position of having pursued your Social Security disability claim for years.  You’ve applied and been denied repeatedly, and finally in front of an Administrative Law Judge (ALJ).   Now you face the prospect of having to start the process all over again.   The question…

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Treating Physicians and their Role in the Social Security Disability Process

There is nothing more frustrating when representing someone in their Social Security disability claim than hearing that a longstanding medical provider is not willing to address a residual functional capacity questionnaire.  These forms are meant to address in a rather organized fashion: 1) the nature of the contact they have had with…

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The Social Security Disability Program is Non-Adversarial

Contrary to the beliefs of many who have been denied their Social Security disability insurance (SSDI) or Supplemental Security Income (SSI) benefits, it is important to understand that the Social Security disability program set up to administer the review of disability claims is a non-adversarial process.   The rules are set…

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