Attendees also had the opportunity to hear from Social Security Administration Deputy Commissioner Glenn Sklar. This was a phenomenal opportunity for us lawyers to find out just exactly what the Administration is doing – and plans on doing – to improve the disability program. With all the talk about Social Security funds disappearing at a rapid rate, Sklar reassured us that the disability program is not going anywhere. That said, many changes are coming. Sklar did mention that the number one priority of the Social Security Administration is to reduce the backlog of pending disability cases.

The highlight of the afternoon session included a forum on Social Security’s new electronic records access. Attorneys and representatives now have access to their claimant’s files right over the internet. The in-depth discussion taught attendees how to use the program, how efficient it can be and lastly, how to troubleshoot.

Day 2 was jam-packed with new and exciting things that face the Social Security Disability program. Day 3 should be just as good so stay tuned…..

Appeals Council Practice

For claimants who are denied at the hearing level, they can still appeal their denial to a panel of Judges that will decide whether to affirm the Administrative Law Judge’s decision, reverse the decision, or grant a “remand” heaing.

At today’s conference, a Social Security Administration official, in his private capacity, revealed how the Administration has dealt with drastically reducing the backlog of appeals cases. That said, the Appeals Council is still dealing with over 100,000 pending cases nationwide.

We also got insight into the actual people who make up the “Appeals Council.” As of today, the council is made up of 47 appeals Judges, 54 officers, and 460 analysts / attorney advisors. Unfortunately, we also learned that a good portion of the attorney advisors are newly admitted graduates with little or no disability law experience. Some are even hired as attorney advisors before they get admitted to a state bar!

Social Security Finally Goes Viral

The Social Security Administration has finally allowed attorneys and representatives to access their claimant’s file over the internet. This is going to really help attorneys manage their cases more efficiently. There were Social Security officials on-site to sign up attendees at the conference. Claimants don’t need to worry about security issues – as a lawyer who plans to utilize the electronic filing system, the federal government has ensured a very high level of security. Gaining access to a claimant’s file online is a process, but it’s better than hunting down CD’s from local offices!

It was quite an opening day at the conference. Stay tuned for tomorrow’s events and forums.

The conference starts tomorrow and will run throughout the week. Each day, I’ll be summarizing the day’s events and will highlight some of the proposed changes within the Social Security Disability program. Whether you are a disability recipient, or have a pending application for disability benefits, make sure you check in daily for an in-depth look at NOSSCR’s Fall Disability conference.

Certain disability claims are complicated. The medical evidence might be highly complex and often times, the procedural aspects of your case might also be difficult to understand. If this is the case, Administrative Law Judges frequently allow claimants to delay, or adjourn, their case so the claimant can seek representation.

As I’ve mentioned many times before on this blog, hiring a lawyer can seriously increase your chances of getting disability benefits. But when a Judge recommends that you hire a lawyer for your claim, it’s usually an indication that you should be represented by an attorney.

For more information on how to find the right lawyer, CLICK HERE.

Major League Baseball’s 2010 season is right around the corner and since this website is dedicated to informing the public about disability law, here’s some insight into the MLB’s process of being placed on the disabled list.

When a major league baseball player is injured, his team can place him a “disabled list” for 15 or 60 days.  The severity of the injury and the time it will take to recover will determine which list he will be placed on. When a player is placed on the disabled list, his team can call another player from the organization to fill the roster spot.

In baseball, getting placed on the 15 or 60 day disabled list infers that the player will most likely return to the game. To tie this into Social Security Disability law, a disabled player who is unable to continue playing baseball is most certainly capable of performing some other job. Therefore, a disabled baseball player is a far cry from a Federal disability recipient.
Under Social Security’s 5 Step Sequential Evaluation, which is used to determine whether or not you are disabled, the last two steps are typically the most important to overcome. Under these final two steps, you must be able to prove that you cannot perform your past work AND you must prove that you are unable to perform any other jobs in the local or national economy. Simply being unable to work at your last job is only half the battle.

Everyone applying for Social Security Disbability will be asked to allege a specific date that their disability began. But what is Social Security referring to?

Is it the date I began to suffer from severe pain?

Is it the date my doctor said my condition will worsen if I continue to work?

Is is the date I stop working?

To learn more about this “alleged onset date,” read this detailed article about how this date can affect a disability claim.