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Social Security Issues Medical Issues in Social Security Disability $129 Social Security Advisory Service $149 Social Security Disability Advocate's Handbook $119
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Security Disability Medical Social Security Disability Practice $149
99 Free Articles,
All new articles are Social Security
Disability NEW Alternate Sitting and Standing Questions for the VE Attacking the Vocational Expert’s Testimony on the Number of Jobs Classifying a Claimant’s Previous Work Experience as Past Relevant Work Cross-Examination on U.S. Publishing Data Cross-Examination of Vocational Expert on Census Data Dealing with Drug Addiction or Alcoholism in Social Security Disability Claims Framework of the Medical-Vocational Guidelines Hearing Questions on Physical Residual Functional Capacity Information Required to Perform a Step-Four Analysis
NEW
Initial Hearing
Questions for Claimant Maximum Residual Functional Capacity Possible for Disability Finding
NEW
Protect Attorney’s Fees From
Being Taken to Pay Client’s Debts Pushing Back the Date the Claimant Became Disabled NEW Residual Functional Capacity in Musculoskeletal Impairments Social Security Disability Benefits: Answers to Common Questions Transferability of Skills: Principles and Cross Examination Using the Occupational Outlook Handbook in your Cross Examination Civil Litigation Breach of Contract Defense Interrogatories Deposing the Corporate Designee in Health Insurance Denial Case NEW Essential Objections Checklist Fraud and Misrepresentation Interrogatories Interrogatories: Breach of Contract NEW Interrogatories: Interference with Business Relations Interrogatories for Proving Plaintiff’s Cause of Action in an Auto Accident Case Preparing to Take or Defend a Liability Deposition Summarizing Personal Injury Damages Wrongful Death Interrogatories California Civil Litigation NEW Elements with Complaint: Breach of Contract for Failure to Perform NEW Elements: Breach of Implied Covenant of Good Faith and Fair Dealing NEW Objecting to Expert Testimony Criminal Law and
Practice Challenging Written Statements Cross-Examination of Eyewitnesses Federal Criminal Practice Pretrial Release on Conditions Drunk Driving
NEW
4 DUI Jury
Instructions You Need to Argue Attacking Field Sobriety Tests Attacking Widmark Calculations Cross Examination in Drunk Driving Cases
NEW
DUI Trial Tips Pattern Openings for DUI Attorneys Selecting a Favorable DUI Jury Voir Dire Questions for DUI Lawyers
Informal Request for Discovery from Prosecution Motions to Exclude Chemical Test
Tipsters and Employment Defending Plaintiff's Deposition NEW Deposing the HR Manager in RIF Cases Deposing the Supervisor/Harasser NEW Document Requests in Sexual Harassment
NEW
Fair Labor
Standards Act Jury Instructions Fee Arrangements, with Clauses Shaping the Unripe Employment Cases NEW Supervisor Deposition Questions for Harassment, Retaliation, and ADA Estate Planning
and Advantages and Disadvantages of QTIP Trusts Client Intake, with Retainer Agreement Drafting for Incapacity, with 4 Clauses Intentionally Defective Grantor Trust, with Provision International Asset Protection Trust IRS Reporting and International Asset Protection Trusts Protecting Beneficiaries with Spendthrift Clauses Risks and Abuses with Foreign Trusts Shifting Trusts and Disclaimers, with Four Sample Clauses Family Personal Injury NEW 3 Motions in Limine to Exclude Junk Accident Reconstruction Science Cross-Examining the Defense Orthopedic Surgeon Debunking Claims of Exaggeration and Malingering Deposing and Examining the Economist Deposing the DME in Spine Injuries Deposing the Store Manager in a Slip and Fall Case
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Social Security Disability Benefits: Answers to
Common Questions Information for prospective claimants, and disability telephone intake form. by Thomas E. Bush Excerpted from Social Security Disability Practice
When a claimant telephones with a disability case, the
first order of business is to find out how far along the case is and whether
there is a problem with the time limit for appeal that needs immediate
attention. It is best not to rely on the claimant’s description of the
administrative process. Instead, ask the claimant to read you portions of the
latest denial letter. Reconsideration determinations usually but not always are
entitled “Notice of Reconsideration,” and usually but not always begin: “Upon
receipt of your request for reconsideration . . .” If the denial letter does not
start out that way it still could be a reconsideration denial. Ask the claimant
to read you what it says about how to appeal. Is the next step to request
reconsideration or to request a hearing? Note that the claimant could be
involved in a pilot project that skips reconsideration. Ask the claimant to read you the date on the notice. If
the date is more than 65 days ago and the claimant has not yet appealed, find
out why no appeal has been made and look for “good cause” for missing the
deadline. See 20 C.F.R. §404.911. If no good cause exists for missing the
deadline, the claimant will have to start the case over with a new application. Practice Tip If the claimant still has time to appeal but is at the
11th hour, advise the claimant to go immediately to the social security office.
At the local office, all the appeal papers can be completed and the claimant
will be given a copy of the appeal form that shows that it was timely filed. A
telephone call to the local office will not protect the claimant’s rights. SSA
requires that the appeal be submitted within 65 days. Although a postmark on the
envelope transmitting the appeal showing that it was mailed on the 65th day is
acceptable, if that envelope is lost in the mail, it is unlikely that a claimant
will be able to prove timeliness to SSA’s satisfaction. Use the Social Security Disability Telephone Intake Form
(§165) to gather information from the claimant and to schedule an appointment.
This form also may be used as instructions to your secretary to send the
claimant a letter confirming the appointment (§166) and to send the claimant a
copy of the Client Questionnaire (§167). The questionnaire is a great timesaver
for an attorney; but it is long and will take the claimant quite a while to
complete. During your telephone call with the claimant, explain about the
questionnaire-how long it is and how important it is that you have all this
information. The Claimant Questionnaire asks very few questions about
mental impairments. You may ask some claimants with mental impairments to
complete an additional questionnaire, the Claimant Psychiatric Questionnaire
(§168); but before you give this questionnaire to any claimant, make sure it is
appropriate. It is only appropriate for relatively articulate claimants who have
insight into their mental problems. §164 Literature for Prospective
Clients Many people who telephone the office of a social security
disability attorney are not ready to schedule an appointment. For such people,
you need to have some literature, tailored to the practices of your office,
available to send them. We send three brochures published by our office, “Social
Security Disability and SSI Claims—Your Need for Representation,” “Preparing for
Your Social Security Disability or SSI Hearing” and “Dealing with the Social
Security Administration.” In addition, we send the following memorandum. §164.1 Memorandum: Common Questions About
Applying for Disability Benefits
Download the
Memorandum: Common Questions About Applying for Disability Benefits in Microsoft Word format. §165 Form: Social Security
Disability Telephone Intake Download the
Social Security Disability Telephone Intake in Microsoft Word.
Thomas E. Bush has devoted his practice to social security disability issues since 1977. He was elected to NOSSCR’s Board of Directors in 1988, and was President of NOSSCR for the 1997-98 term. He is the author of Social Security Disability Practice, from which this article is excerpted. |
Updated 11/10/09