For many years I have written briefs for judges prior to hearings on disability claims. Since I have started writing short briefs for disability examiners at the initial or reconsideration level, I have won many more cases at the DDS
Latest from Social Security Disability Lawyer Blog - Page 6
Juneteenth & 5-day Rule
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
Use the Checksheet
I really like the checksheet for on the record (OTR) requests. It gives the judge all the information needed to evaluate an OTR request.
Here is a completed checksheet from an actual case (with identifying information changed, of course). Page
Best Practices for Representatives
Social Security updated its Best Practices for Claimants’ Representatives just over a year ago, in April of 2023. I was reminded of them by my recent letter from an ALJ, which set forth that particular judge’s best practices for
Prehearing Letter from ALJ
I recently had a disability case with a judge from the Albany hearing office. That judge sends out a letter 30 days before a scheduled hearing setting his expectations for evidence at the hearing. I really liked the letter. It
New PRW Rule will eclipse Barnhart v. Thomas
In Barnhart v. Thomas, 540 U.S. 20 (2003), the Supreme Court held that past relevant work (PRW) does not have to exist in significant numbers in the national economy to be considered at Step 4 of the Social Security sequential
PRW reduced to 5 years
Social Security published a final rule in today’s Federal Register, reducing the period for past relevant work (PRW) from 15 years to 5 years. The rule becomes effective June 8, 2024.
Step 4 of the disability sequential evaluation considers a
Missed days at work – Sczepanski v. Saul
There is an interesting wrinkle on the issue of missed days at work in the Second Circuit case of Sczepanski v. Saul, 946 F. 3d 152 (2nd Cir. 2020). That case probably merits wider attention.
During the ALJ hearing
Missed days at work
Often at a Social Security disability hearing, there is testimony from the claimant and the vocational witness about missed days at work.
Many disability claims at the hearing level are decided on the basis of missed work days. This is
Fee Cap to be raised to $9,200
The fee cap imposed by Social Security on the 25% Representative contingency fee for direct payment of successful disability claims will be raised from $7,200 to $9,200 this Fall. Here is the press release from Social Security.
Update: the