November 30, 2015

Unconventional, Non-Medical Evidence That Can Help You Win

Think Outside The Box appearing behind torn brown paper.

With approval rates on the decline at hearing offices throughout the country, disability lawyers and their clients have to find creative and compelling evidence to make their cases stand out.

In my practice I regularly look for evidence beyond medical records and medical source statements. Often times you can find very convincing evidence in the form of employee files, school records, statements from former co-workers and supervisors and claimant maintained pain diaries.

Now, to be sure, judges are most concerned about your medical record and how your medical issues impact your capacity to work. However your doctor’s main concern when keeping medical records tends to focus on medical issues alone – rarely will medical records contain the specific vocational capacity observations or opinions that judges rely upon.

We can ask your doctor complete a functional capacity evaluation or narrative report (often at a cost of several hundred dollars) but some doctors do not wish to get involved in disability matters and others don’t feel equipped to make vocational capacity conclusions.

This is where unconventional evidence comes in. [Read More…]

Part Time Work Before and After Your SSD Award

part time work and social security disability

This month I received two questions via the Speakpipe app on my blog about outside earnings and Social Security disability. The first gentleman is applying for disability and wants to know how much he can earn without jeopardizing his case, while the second gentlemen wanted to know how much an approved claimant (his son) could earn without jeopardizing his SSDI award.

Neither gentleman left an email for personal reply so I am using my blog to respond.

The raw number that applies to both of these questions is the current SGA (substantial gainful activity) figure. For 2015, the figure is $1,090 per month. For 2014, the SGA number was $1,070 per month. This number will change every year. Here is the current link to the page on SSA’s web site which shows the current SGA figure. If this link changes you can search “SGA and Social Security disability” to find the current number.

So now you know that the earnings limit for both disability applicants and approved disability claimants is the same – the current SGA number. However, that is not the end of the story. My experience has been that SSA treats disability applicants quite differently from approved disability claimants. Here’s what I have observed: [Read More…]

Disabled Baseball Star Waits for Disability Decision

Is it really easier to win a World Series ring than to win Social Security disability benefits?  Atlanta’s Fox 5 reports on the sad case of former Yankees second baseman Brian Doyle who has been denied twice by Social Security despite a bout with leukemia and a serious case of Parkinson’s Disease.

Atlanta’s Fox-5 recently reported a story about Mr. Doyle who has been waiting months and months for a hearing with a Social Security judge despite battling leukemia, two neck fusions and a diagnosis of Parkinson’s Disease.

With all of the chatter by political types about “rampant fraud” and abuse, the reality is that deserving claimants like Brian Doyle continue to suffer because of Social Security’s delays and inefficiencies.

And there is no guarantee that Mr. Doyle will be approved.  Approval rates in the downtown Atlanta hearing office range from less than 20% to over 65% so whether this obviously disabled gentleman gets approved will rely as much on the luck of the judicial lottery as his medical records.  Mr. Doyle is represented in his case by a very capable lawyer, my good friend Greg Rogers, so hopefully this deserving claimant will get some good news soon.

Link to the Fox 5 story 

Local TV Station Highlights Problems with Social Security Hearing Process

This is the video segment about Social Security disability delays, hosted by investigative reporter Randy Travis of Atlanta’s Fox 5 TV.   Travis highlights what most Social Security disability lawyers already know – that the judge assigned to your case could mean more than the medical records in terms of whether or not you receive benefits.

In the Atlanta downtown hearing office, there are judges who approve less than 20% of cases, and judges who approve more than 70%.   So two identical claimants – each with the exact same medical issues – would likely get different results based solely on the luck of the draw.

And you are going to wait – often two years or longer – before you even get the chance to appear before that judge.

While there are other problems with the SSD process, Mr. Travis’ report highlights two of the biggest issues – the wildly divergent approval rates by judges within the same hearing office and the outrageous delays.

Atlanta News, Weather, Traffic, and Sports | FOX 5

Hearing Strategies for Claimants with Multiple Medical Problems

multiple medical problems and social security disabilityGreg writes:  “I have seen many if not all of your YouTube videos and have to say you probably are the best disability lawyer on there. My case is rather unusual in the sense that I do not have one injury, I have three. I have a bad back, one herniated disk that causes a lot of pain for me and three bulging disks that are bad in their own right. My right hip is bad and needs replacement, I am on year 6 since it’s discovery. I also have two feet that have chronic pain from bad plantar fasciitis that have both been operated on with little to no success.”

“How on earth do I and my lawyers tackle this in a manner in which I can get approved ??? Should I have my primary doctor do a functional test on me for all three injuries or have each specialist do a functional test on each injury? Secondly is an MRI going to sway a judge more than an X-ray when these days X-ray specialists write their findings and send it to the treating doctors themselves.”

“Any advice would be much appreciated, and keep up your great work with helping us needy and injured.”

–Thanks, Greg

Greg, here are my thoughts. First, thanks for the kind words about my YouTube channel. I do put a lot of effort into creating these videos and I appreciate your positive feedback.

As far as your medical issues are concerned, I would defer to your lawyer who obviously can review and assess your medical problems. Speaking generally, however, my experience has been that it would likely be an uphill battle to base your disability case on planar faciitis since that condition is usually not totally disabling. It can eliminate categories of jobs that require more than minimal standing and walking but probably not sitting jobs. [Read More…]