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Showing posts from April, 2015

NEW RULES OF EVIDENCE FOR SOCIAL SECURITY

New regulations recently put into effect require representatives to submit all evidence regarding their claimants, not just evidence that they believe is helpful or supportive.  This is intended to prevent representatives from cherry picking the evidence and submitting only that which is favorable to their clients. Generally, the new regulations seems fair.  It does not place an unreasonable burden on claimants or their representatives.  It should not have a noticeable negative impact on claimants who have legitimate disabilities. If the new ruling adds integrity to the Social Security disability process, then everyone is a winner. Questions About Social Security Disabiilty Benefits?  

"DISABILITY APPLICANTS ARE SCREENED LIKE A PATIO DOOR"

I read an article written by a poorly informed reporter about how many people are on Social Security disability down in Hale County.  This reporter seemed to have the idea that a certain Dr. Timberlake down in Hale County was signing up people left and right for disability benefits.  The impression was that since there are few jobs in Hale County outside of manufacturing and farming, people with back pain can't do those jobs; therefore, they are disabled.   As I said, the writer of this article is poorly informed.   Let me quote from the federal regulations which govern how Social Security treats opinions furnished by doctors:   We will not give any special significance to the source of an opinion on issues reserved to the Commissioner described in paragraphs (d)(1) and (d)(2) of this section.  (20 CFR 404.1527(2)(d) ). If you read the entire section of 20 CFR 404.1527, you will see that decisions about who is disabled and who is no...

IT WORKS FOR YOUR LAWYER, WHY NOT YOUR DOCTOR, TOO?

The attorney who represents you for Social Security benefits cannot charge you a fee unless your case is favorably decided and results in past due benefits.  Also, the government will set the maximum fee that is allowed. Each fee must be approved by Social Security individually.  It is against the law to charge more fee than Social Security approves.  The attorney often waits 18 to 24 months to get paid. To put this into perspective, let's try this same fee arrangement on your medical doctor. Doc, I will pay you a fee - but only if I completely recover.  If your treatment doesn't totally cure me, I owe you nothing.  The maximum fee you can charge to treat me has been set by law.  A judge will review and approve your fee to be sure you don't charge me too much. You have to fill out several pages of complicated forms to get your fee approved. You won't get paid a dime for most patients.  However, you will eventually collect some fee from a...

LOW TECH JOBS....SACK MENDERS WANTED

With Huntsville's history of high tech jobs, we're accustomed to jobs related to space, defense or research and development. As a Social Security disability advocate, however, I am often introduced to jobs that supposedly exist that the opposite end of the spectrum. At disability hearings, the judge must determine whether there are any jobs available in the US economy that the claimant might be able to perform.  To make this determination the judge will obtain testimony from a "vocational expert" who is present. The other day, when we came down to the final step of the hearing, the judge asked the vocational expert for a list of jobs that my client might be able to perform.  I thought I had heard all the unlikely jobs but on this day the expert jolted me with a job I'd never heard of before.  Sack repairer. Sure enough, looking at the Dictionary of Occupational Titles (DOT) , the job exists--or at least it once existed.  The DOT Code is 782.687-046....