I have clients who need to use a cane when walking or standing. Often the cane is for balance, but sometimes also due to weakness in the legs. Social Security has policy on the vocational impact of the need to
Law Offices of Gordon Gates
Gordon Gates is a Social Security disability lawyer. He represents clients with Social Security disability and SSI claims in Maine and New Hampshire.
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Make money on the herd, not the cattle
By Gordon Gates
I attended a seminar session last year in Austin, Texas on the topic of helping those applying for Social Security disability benefits with their initial applications. The lawyer making the presentation said that, like a rancher, a lawyer should “make…
Disabled Adult Child (DAC) Benefits
By Gordon Gates
An adult disabled before age 22 may be eligible for child’s benefits if a parent is deceased, or receives Social Security retirement or disability benefits. The SSA considers this a “child’s” benefit because it is paid on a parent’s Social…
Best Practices
By Gordon Gates
Social Security updated its Best Practices for Claimants’ Representatives in April 2023.
This list of best practices is required reading for Social Security disability lawyers. It is worth revisiting every now and then. Please take a look.
Trial Work
By Gordon Gates
Trial work is a program that applies to people already entitled to Title II disability benefits. Sometimes Title II recipients will attempt to return to work to see how it goes. Social Security encourages this, and allows a 9-month period…
Write a mini-brief for the disability examiner
By Gordon Gates
I have started writing short, one-page letters to the disability examiners at the initial or reconsideration level, setting forth my theory of the case. The letter briefly describes the claimants limitations, and then makes the vocational analysis based upon the…
Licensure and Past Relevant Work
By Gordon Gates
Social Security assesses your ability to perform your past relevant work at step 4 of the sequential evaluation process.
Social Security will evaluate your ability to do the physical and mental activities that were required to perform your past…
Juneteenth Federal Holiday – 5 day Rule
By Gordon Gates
New evidence for Social Security claims must be submitted 5 business days ahead of the hearing. See 20 CFR 404.935(a) and HALLEX I-2-5-13. With a typical weekend, that’s 7 days ahead of the hearing. Holidays, which are of course…
Winning at Reconsideration
By Gordon Gates
Reconsideration is the next step in the Social Security disability adjudication process for those who are initially denied after applying for disability. As the waterfall chart shows, obtaining disability benefits at Reconsideration is the exception, rather than the rule.
I…
Title II Waiting Period
By Gordon Gates
When you are awarded Social Security disability benefits, you do not receive benefits beginning on your onset date (which is the date you became disabled, and were not working). Rather, there is a 5-month “waiting period” before benefits accrue.
As…