Social Security Disability Lawyer Blog
In the first part of our blog series on Vocational Experts and their role in the Administrative Hearing process we explained the legal issues that arise in a Social Security disability claim and the manner in which an Administrative Law Judge (ALJ) will go through their sequential evaluation process and, if appropriate and necessary as part of that, utilize the services of a Vocational Expert (VE) at hearing. In Part II of this series, we’ll discuss the process by which a VE will prepare for and testify at the actual hearing. Continue Reading ›
The Role of the Vocational Expert at the Administrative Hearing, Part I
Should it become necessary to proceed to a hearing before an Administrative Law Judge (ALJ), Social Security disability claimants will typically see from their notice of hearing that a Vocational Expert has been called to testify at hearing. Understanding the role of the Vocational Expert (VE) at hearing goes hand in hand with understanding the hearing process generally and the process that the ALJ will go through in coming to a decision in their case. Continue Reading ›
Tips for those Claiming Disability as a Result of Fibromyalgia
Over the course of more than twenty-six (26) years of assisting those applying for Social Security disability throughout Maine, Massachusetts and New Hampshire, we have come across a number of recurring problems for those who contact our office claiming disability benefits for the condition “Fibromyalgia.” With that in mind, here is the most common themes that seem to arrive and how they might be resolved. Continue Reading ›
The Importance of “Positioning” When it Comes to a Social Security Disability Claim
It might not seem as though it’s an important distinction to make, but when it comes time to pursuing a Social Security disability claim or appeal, the difference between one’s ability to sit for a length of time versus recline or lie down can turn a case on a dime: result in an unfavorable decision in what would otherwise be deemed a favorable decision. These are the types of subtle distinctions that experienced Social Security disability lawyers should go over with their clients during the course of filling out the application materials so as to ensure that the Social Security Administration (SSA) has a clear sense of their functional abilities. Continue Reading ›
Incentives to Return to Work Under the Social Security Disability Program
Most individuals applying for or receiving Social Security disability insurance benefits do not understand the many incentives built into the program for a return to work. The disability program is based on a premise that benefits should be afforded to those who remain disabled from performing all manner of gainful employment (defined in 2016 as the ability to earn simply $1130.00 per month on a regular and continuing basis) for what is expected to be a year or longer. Thus, individuals who have gone out of work for some period of time, but perhaps not for a year or longer, should understand how attempts at a return to work will in almost all cases prove to be a win/win situation for the disability claimant. Continue Reading ›
The Health Insurance Coverage Benefits Associated with a Favorable Social Security Disability Claim
An application for Social Security disability insurance benefits (SSDI) and Supplemental Security Income (SSI) can assist with obtaining health insurance benefits in a number of different ways. Whether it’s obtaining Medicaid Insurance (which is a Federal program administered by the states, and which is called Medicaid in New Hampshire, Mainecare in Maine and Mass Health in Massachusetts) or, ultimately Medicare (the Federal health insurance program that provides benefits not only to those who have hit retirement age, but also to certain qualified individuals who have been approved for SSDI Benefits, the potential additional benefit associated with an application for SSDI and SSI cannot be ignored. Continue Reading ›
Availability of Family Benefits Under the Social Security Disability Insurance Program
As we approach Father’s day this year, I thought it would be a good time to discuss the various benefits available to family members of individuals found disabled and entitled to benefits under the disability insurance program. The term of art used by the Social Security Administration for this family benefit is called “auxiliary” benefits which are based on the earnings record of the “master” beneficiary: that is to say, based on the earnings record of individual found to be disabled. Continue Reading ›
How an Attorney Can Assist You with a Social Security Disability Claim while on Long Term Disability Benefits
For those fortunate enough to have a Long Term Disability (LTD) plan and, thus a corresponding entitlement to a benefit payment through their employer in the event they become long term disabled from working, it will be necessary to look into a potential application for Social Security disability (SSD) benefits. Understanding the interplay between the two programs, how they are similar and yet differ, and how an attorney can serve you in both of these processes with the cost being taken care of by your insurance carrier, is quite important. Continue Reading ›
Problems with Establishing a Mental Health Disability in Today’s Managed Care Environment
In order to establish a claim for Social Security disability insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits, it’s necessary that you prove you are likely to remain totally disabled from all forms of gainful employment despite prescribed treatment for a year or longer. With the state of managed care through one’s own health insurance coverage, not to mention the state of the current Social Security regulations and the availability of treatment providers, it has become increasingly more difficult to prove a mental health disability claim. Continue Reading ›
NOSSCR Convention Proceedings and Developments with the Social Security Administration
The National Organization of Social Security Claimants’ Representatives is an organization whose membership is comprised of both attorneys and non-attorneys who focus their practice on the representation of the long term disabled in Social Security disability claims and appeals. Two times a year, this organization sponsors a 3 day conference where various presenters come and speak to members about various issues that arise in the representation of such cases, including what is happening with both the Social Security Administration with respect to its manner of handling as an agency the administration and adjudication of such claims. These programs include (both vocational and medical, including doctors) who are involved in the adjudication of such claims. Continue Reading ›