Continuing Disability Reviews

May 25th, 2016

In the last year, SSA, with direction and funding by Congress, has initiated a more aggressive campaign to review and potentially terminate disability status, benefits and Medicare to tens of thousands of people. At a meeting with Administrative Law Judges locally, it was estimated that as many as 35 to 40 percent of the cases being appealed in 2016 to area SSA hearing offices will be disability cessation appeals, rather than the typical “initial entitlement” cases.

Defining Social Security Disability

November 26th, 2013

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.

What to Expect at Your Hearing

November 26th, 2013

After seeing courtrooms in television dramas, you may be led to believe this to be representative of what you can expect at your disability hearing. This, thankfully, is not the case. Your hearing is private, and only your attorney, the judge, and any testifying doctors or witnesses will be present.

The Consultative Examination

November 1st, 2013

Each claimant for Social Security disability must provide medical records as part of the application process. If the Social Security Administration (actually the state agency with whom SSA contracts to determine eligibility for disability) concludes that the submitted medical evidence is insufficient to support a disability finding, experienced disability lawyers in San Jose will tell you that the SSA will more often than not require the claimant to undergo a consultative examination.

Meeting the Duration Requirement

July 10th, 2013

Your impairment must have lasted or be expected to last for a continuous period of 12 months for you to qualify for benefits. You don’t have to wait until you have been unable to work for a whole year to apply for benefits. The SSA will presume that your impairment will meet the duration requirement if it’s the type of condition that obviously will last a long time, for example a serious spinal cord injury.

Meeting the Severity Requirement

July 10th, 2013

To qualify for disability benefits, you must have a “medically determinable impairment” and your impairment must be “severe.” The purpose of this requirement is to eliminate frivolous cases. These are cases in which the claimant’s condition interferes with the ability to work only slightly, or in which the claimant does not have a genuine medical problem.

The Two Routes to Disability

July 10th, 2013

The Social Security Administration (SSA) uses a five-step sequential process to evaluate whether you are disabled. The process can be a little confusing to follow. Essentially, it provides two alternative routes for proving you are disabled. Either route will lead to a finding that you are disabled.

What Is a Continuing Disability Review?

April 9th, 2013

Even if you are granted Social Security disability benefits, you might later receive notice of a “continuing disability review” and wonder what this is. The Social Security Administration is required by law to periodically review the cases of those who have been awarded disability benefits.