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The central question in a Social Security Disability case is whether the person seeking benefits can still work. As a recent decision by the U.S. District Court for the District of New Jersey in Kuczewski v. Commissioner shows, this can often be a complicated inquiry. It requires considering a person’s educational background, job history and [...]

Medical evidence is key in Social Security Disability cases. As the U.S. District Court for the Northern District of New York explains in Mussaw v. Commissioner of Social Security, statements from a claimant’s personal doctor are often given substantial, and even “controlling”, weight in determining whether the person is entitled to Disability benefits. Ms. Mussaw [...]

In a perfect world, a person seeking Social Security Disability benefits will support his or her claim with a detailed record of regular medical treatment, explaining the claimant’s impairments and how they affect his or her functioning. For a number of reasons, however, this is not always possible. In Torres v. Astrue, the District Court [...]

As experienced Social Security Disability lawyers, we often tell clients that a hearing before a Social Security Administration (SSA) Administrative Law Judge (ALJ) can be the best opportunity to prove a claim for Disability benefits. That’s not only because the claimant gets to present his or her case in person before the judge, but also [...]

When an Administrative Law Judge (ALJ) considers a claim for Social Security Disability Insurance (SSDI) benefits, he or she is required to undertake a five-step analysis of the claim. One of those steps is determining the applicant’s residual functional capacity (RFC), or ability to perform work activities despite any physical or mental impairments. In Shaw [...]

The Affordable Care Act is in the news again, with certain significant provisions set to take effect, state health exchanges coming online and politicians in Washington squabbling over the sweeping reform law as part of the recent government shutdown/debt ceiling soap opera. It’s no surprise that people have questions and concerns about the ACA: it [...]

The basic idea behind Social Security Disability benefits is a simple one: people pay into the system for the security and peace of mind, knowing that they can count on at least some level of financial support in the event that they are not able to work due to a physical or mental impairment before [...]

The Social Security Disability benefits claim process can be long and complicated. Below is a brief description of the process and the general timeframes for each step. Initial Decision (4 to 6 months) The claim process begins with the filing of a benefits application, which may be submitted by mail or online to a local [...]

The law requires the Social Security Administration and its judges to make very specific findings in considering the severity of any impairments suffered by a person seeking Disability benefits. In Charlton v. Commissioner of Social Security, the U.S. District Court for the Northern District of New York explains that it simply can’t decide whether an [...]

Sometimes, a person seeking Social Security Disability benefits is unable to work due to one single physical or mental condition. Other times, a claim may be based on the combined effects of an array of impairments on the claimant’s capacity to continue working. In these cases, as the U.S. District Court for the Northern District [...]

The central question in a Social Security Disability case is whether the person seeking benefits can still work, despite any physical or mental impairments. That includes both a consideration of any limits on the claimant’s ability to work imposed by the impairments, and the types of jobs the claimant can perform, given those limits and [...]

While medical evidence is often hard to obtain from doctors and hospitals, the sooner it is submitted in a Social Security Disability case, the better. In Brewes v. Commissioner of Social Security, the Ninth Circuit Court of Appeals considered whether evidence submitted late in the claim process should be included in the record on an [...]

We often see clients in Social Security Disability cases who are unable to work due not only because of one physical or mental impairment, but due to a combination of impairments which, together, can wreak havoc on a person’s everyday life. In Bryant v. Astrue, the District Court for the District of New Jersey explained [...]

In Bunger v. Astrue, the Eastern District of New York recently took on a case appealing the Social Security Administration’s (SSA’s) denial of a disability benefits claim: in which both the claimant and the SSA agree that the agency’s decision was flawed. Plaintiff Richard Bunger filed a claim for Social Security Disability benefits in 2008, [...]