If a claimant for disability does not meet one of Social Security’s pre-set medical “Listings” standards for disability, the disability claimant has the initial burden of proof to show that he or she can’t perform any work performed in the last 15 years.

Fibromyalgia is a medical condition that is challenging for any attorney to prove under the strict standards of Social Security Disability rules. Under a new Social Security ruling, fibromyalgia symptoms are evaluated similarly to a chronic pain condition and can be a Medically Determinable Impairment (MDI) under the criteria set forth in SSR 12-2p with evaluation of symptoms including diffuse pain, fatigue, depression and difficulty with memory.

We are often asked the question: how long does it take until I get a hearing date on my disability appeal? Well, we have good news for our clients: today it takes significantly less time to get to a hearing than it did one or two years ago.

The latest report from SSA’s Office of Disability Adjudication and Review (ODAR) shows that the waiting time for post-hearing decisions in the Northern California regional hearing offices has been reduced significantly in the past two years.

In recent years, the SSA has implemented a number of online services for claimants’ representatives, including access to our clients' electronic folders. At LaPorte Law Firm, we have conducted online business for our clients with the SSA since the Appointed Representative Services (ARS) initiative began in 2009. These online services have allowed us to electronically file disability applications and appeals, and in addition we’ve been able to more efficiently file new medical evidence, written legal arguments, and even submit proposed Favorable Decisions for approval by SSA on behalf of our clients.

“I can’t work, but I’ve been receiving unemployment because I need a roof over my head. Will getting unemployment cause my SSA disability appeal to be denied?”

The Answer: Perhaps…or maybe not.

At our office, we receive inquiries often on this issue, particularly since 2009 when layoffs and extensions of unemployment benefits have been common.

Claims for Social Security Disability benefits are often difficult to prove under the very strict Social Security rules. A diagnosis alone does not necessarily mean that the disorder as manifested in any particular individual will meet or equal Section 11.09 of the Listings of Impairments and will result in an award of benefits.

An award of benefits by Social Security for a claimant’s disability may be subject to offset because of payments received from Workers’ Compensation and/or State disability benefits. Because Workers’ Compensation, State disability benefits, and Social Security are all public benefits, the general intent of the offset is to reimburse the state for public benefits paid to an injured worker if that individual also qualifies for Social Security disability.