Disability Law Blog

Disability and Unemployment

July 20, 2012

When a person files for disability benefits, that means he or she either has not worked or expects not to work in at least a 12 month period. When that same person files for unemployment benefits, that means he or she is willing and able…

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To Exam or Not to Exam…

July 13, 2012

A consultative exam (CE) is an appointment set for a disability claimant by SSA for the purpose of having that claimant undergo a medical evaluation.  The doctor, referred to by SSA as the “examiner,” tests and observes either physical or mental/emotional disabilities, depending on the…

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Social Security and Health IT

July 6, 2012

Disability claims are driven by medical records. Unfortunately, the process of requesting and obtaining medical records is the most frequent source of delay in the disability determination process. SSA requests over 15 million copies of medical records from over 500,000 providers each year to determine…

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National Hearing Centers and Their Impact on the Disability Back Log

June 22, 2012

In fiscal years 2010 and 2011, 82,000 disability cases were transferred from SSA’s 10 regions to National Hearing Centers (NHC) in Falls Church, VA, Albuquerque, NM, Chicago, IL, Baltimore, MD and St. Louis, MO. Here, video teleconferencing (VTC) technology is used to connect the ALJ…

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Your Online Presence – Why Disability Claimants Should Be Mindful

June 15, 2012

It is common knowledge these days that a person has to be careful about how they present themselves on the internet, whether it is through pictures, videos, blog posts, or even comments you leave on your friends’ Facebook pages. How you portray yourself online is…

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Malingering: Why SSA Must Proceed With Caution

May 11, 2012

Malingering is defined as pretending or exaggerating incapacity or illness as to avoid duty or work (http://www.merriam-webster.com/dictionary/malingering). People may malinger for a variety of secondary gain motives, which may include financial compensation, avoiding work, school or military service, obtaining prescription drugs, or simply to attract…

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SSA’s Role in the Wounded Warrior Project

May 4, 2012

In order to help expedite claims for our military service members who have become disabled while serving our country, SSA became part of the Wounded Warrior Project. The mission statement of the Wounded Warrior Project is “To Honor and Empower Wounded Warriors.” The Project will…

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SSA Adds New Compassionate Allowances

April 27, 2012

Recently the commissioner of Social Security, Michael Astrue, announced that starting August 13, 2012, 52 new diseases and conditions will be added to the list of Compassionate Allowances (CAL). This brings the total number of diseases and conditions that qualify for CAL from 113 to…

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Understanding SSR 11-1p

March 2, 2012

In the past, Social Security claimants who had appeals pending at the Appeals Council level could file a second new application while waiting for their first application to be decided. Because of SSR 11-1p, this is no longer an option. Either you must wait for…

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Child SSI Claims

February 24, 2012

Children and Supplemental Security Income (SSI) Claims Like with adults who apply for Social Security benefits, the Social Security Administration has strict rules for finding a child disabled. The child must have a physical or mental condition(s) that very seriously limits his or her activities;…

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