A San Jose Social Security Lawyer Explains the Appeal Process

In this blog, Terry LaPorte, a San Jose Social Security lawyer, gives a brief explanation of the deadlines for various levels of the appeal process and how they apply to your Social Security disability claim.

How It Works
In any Social Security disability case, there are four levels through which the claim must pass before your San Jose Social Security lawyer may file suit in federal court.

No Link Between Unemployment and the Rise in Social Security Applications

In the last few years a popular myth has developed that millions of healthy Americans have applied for Social Security disability benefits solely because their unemployment benefits expired. According to this belief, the Great Recession has caused an increase in Social Security disability applications only because people are unable to find jobs in this difficult job market, or simply don’t want to go back to work after their unemployment benefits run out.

The Treating Physician Rule as a Factor in Qualifying for SSD

Many factors are considered by the Social Security Administration (SSA) in its determination of a claimant’s disability. The medical records documenting the treatment history are examined to understand the nature of the impairment, but, as a San Jose disability attorney can explain, the “treating physician rule” is a critical factor in the SSA’s evaluation.

Defining Social Security Disability

Individuals filing for disability often are very uncertain about many aspects of the process, and can easily feel overwhelmed. One question clients often ask is what definition of disability the Social Security Administration uses in the SSD and SSDI claims and appeals process.