Social Security Disability

Fibromyalgia is a musculoskeletal disorder characterized by chronic widespread pain and a heightened and painful response to pressure. Anyone who suffers from this serious impairment knows that it's very painful and can make it hard to perform a wide variety of jobs on a daily basis. Social Security Ruling 12-02p makes it clear that people [...]

In Potter v. Astrue, the U.S. District Court for the Northern District of New York explains once again that a doctor's opinion alone isn't enough to win a Social Security Disability claim. There must be objective evidence in the record to support the opinion. Mr. Potter filed a claim for Social Security Disability benefits in [...]

There is no way to underestimate the value of having a good lawyer represent you in a Social Security Disability claim. In Courtney v. Colvin, the U.S. District Court for the Eastern District of New York, typically friendly and supportive of claimants in most matters, recently made clear that courts - like the Social Security [...]

Teaching isn’t just one of the most important jobs in society, it’s also a lot of hard work. Whether it’s preschool, pre-calculus or pre-med, teachers help shape young peoples’ lives and mold them into productive members of their communities. That means managing a class (or multiple classes) full of students, keeping their attention and making [...]

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 [...]