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,...

We know that the Social Security Disability claims process can be a long, complicated and even intimidating experience for a person who is injured, unable to work and seeking benefits. As the Sixth Circuit Court of Appeals’ decision in Rife v. Commissioner shows, a claimant should not give up until the process is complete. We...

Sometimes a decision in a Social Security Disability case makes you scratch your head. In Small v. Commissioner of Social Security, the U.S. District Court for the Middle District of Florida took on a case where a Social Security judge found that a disability benefits claimant was disabled before he later found that she was...

As experienced Social Security Disability attorneys who have represented clients in New York, New Jersey and Connecticut over a combined 50 years, we know that doctor opinions can go a long way in proving a disability benefits claim. In Gay v. Commissioner of Social Security, the District Court for the Eastern District of Michigan explains...

In Bathrick v. Astrue, the District Court for the District of Connecticut reminds the ALJ’s once again that they cannot make a decision on a disability benefits claim without referring to evidence in the record that is sufficient to support it. Sarah Bathrick filed a Social Security Disability benefits claim, asserting that she’s unable to...

In order to prove a claim for Social Security disability benefits, an individual must provide the Social Security Administration (SSA) with clear and convincing medical evidence that details the extent of the claimant’s impairment, its onset date and its effect on the claimant’s ability to perform work. While the Eastern District of New York recently...

In Social Security disability cases, medical evidence – doctor’s opinions, treatment records, objective clinical studies etc. – is the key to winning a claim. That is, a clear and accurate record showing that the claimant suffers from an impairment or combination of impairments affecting his or her ability to work makes it more likely that...

The “treating physician” rule – providing that the opinion of a Social Security disability claimant’s treating physician is entitled to substantial weight, unless contradicted by other substantial evidence – is an important tool in many disability benefits cases and one that is often the subject of posts on this blog. In Ash v. Commissioner of...

In order to be eligible for Social Security disability benefits, a claimant must generally prove that he or she either hasn’t worked or it is foreseeable that he or she will be unable to work of one year or more due to physical or mental impairment. The claimant’s disability need not be based on one...

If the Social Security Administration (SSA) were to compile a list of the most important rules for its Administrative Law Judges (ALJs) to follow in considering a disability claim, somewhere near the top would be the treating physician rule, which provides that an opinion by a claimant’s treating physician is given controlling weight if it...

A Social Security Administration (SSA) Administrative Law Judge (ALJ) reviewing a disability benefits claim will often call on a Vocational Expert (VE), a vocation rehabilitation professional who provides advice to an ALJ regarding a claimant’s ability to perform any type of work activity, to testify as to the kind of work – if any –...

In discussing the law associated with Social Security disability benefits on this blog, we often refer to evidence: medical records, court documents, witness testimony and all of the other things that a disability claimant can present to the Social Security Administration (SSA) in attempting to prove his or her claim. In a recent case discussing...

In Hood v. Commissioner of Social Security, the District Court for the Northern District of New York sheds some light on important issues regarding both conflicting medical evidence as well as that submitted late in the Social Security disability claim process. John Hood filed a claim for Social Security disability benefits, asserting that he was...