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Disability Law Blog2019-10-10T19:16:52+00:00

Gastroparesis and Social Security disability

Gastroparesis – an Overview. In healthy people, when the stomach is functioning normally, contractions of the stomach help to crush ingested food and then propel the pulverized food into the small intestine where further digestion and absorption of nutrients occurs. Gastroparesis is a condition in which your stomach is unable to contract normally, and therefore cannot crush food nor propel food into the small intestine properly. […]

August 6th, 2019|

HITECH Medical Records Requests.

WARNING. NEW CASE LAW. The law on HITECH medical records requests has changed due to the recent CIOX Health case. A newer blog that discusses how the CIOX Health case affects HITECH medical records requests can be found here. The HITECH Act is an excellent tool attorneys can use to obtain medical records at a lower cost. Disability attorneys, workers compensation attorneys and personal injury attorneys spend thousands of dollars each year obtaining the medical records of their clients. Historically, attorneys have used a HIPAA authorization to obtain these records. […]

July 18th, 2019|

Social Security Survivors Benefits

Social Security Survivors Benefits When an individual who is insured under the Social Security system dies, certain survivors are entitled to receive benefits. These are called Social Security Survivors Benefits. In order for this benefits program to apply, the deceased must have earned enough Social Security credits. You can earn up to four credits each year. For example, in 2019 you earn one credit for each $1,360 of earnings. When you have earned $5,440, you have earned your four credits for the year. The number of credits needed to provide Social Security Survivors Benefits depends on your age when you die. No one needs more than 40 credits (10 years of work) to be eligible. However, the younger a person is, [...]

August 28th, 2019|

Disability Appeals – the Process is Broken.

The procedure for Social Security disability appeals is broken at all levels of the appellate process.  Be prepared for a frustrating experience. The 1st Disability Appeal. If your disability claim is denied, you can appeal to the Disability Determination Services known as DDS. 1. 20% of my clients have been obviously disabled at the time I first met with them. In 34 years I have never lost one of these very strong cases. Yet, DDS denied 100% of these cases. 2. I have had a few cases in which it is simple to determine the individual is disabled. In these cases I presented to DDS all the necessary medical documentation and legal analysis to prove disability. DDS denied 100% of these [...]

June 13th, 2019|

Approval Rates for Disability Judges in Raleigh, NC

Data on the Approval Rates for Disability Judges in Raleigh, North Carolina at the Social Security Administration Office of Hearing Operations (OHO). The 2nd appeal in a disability case is a Request for Hearing before an Administrative Law Judge (referred to as an ALJ). The Hearing may be in person or via a video conference. One of the most common questions I am asked is - what are my chances of winning? The Disability Judge that hears the case is certainly an important factor. To find out the approval rates for all disability judges in Raleigh, North Carolina, click on the link below. Data on the Approval Rates for Disability Judges in Raleigh, North Carolina. If your disability claim was denied [...]

July 19th, 2019|

Approval Rates for Disability Judges in Greensboro, NC

Data on the Approval Rates for Disability Judges in Greensboro, North Carolina at the Social Security Administration Office of Hearing Operations (OHO) . The 2nd appeal in a disability case is a Request for Hearing before an Administrative Law Judge (referred to as an ALJ). The Hearing may be in person or via a video conference. One of the most common questions I am asked is - what are my chances of winning? The Disability Judge that hears the case is certainly an important factor. To find out the approval rates for disability judges in Greensboro, North Carolina, click on the link below. Data on Approval Rates for Disability Judges in Greensboro, North Carolina If your disability claim was denied and [...]

July 19th, 2019|

Approval Rates for Disability Judges in Charlotte, NC

Data on the Approval Rates for Disability Judges in Charlotte, North Carolina at the Social Security Administration Office of Hearing Operations (OHO). The 2nd appeal in a disability case is a Request for Hearing before an Administrative Law Judge (referred to as an ALJ). The Hearing may be in person or via a video conference. One of the most common questions I am asked is - what are my chances of winning? The Disability Judge that hears the case is certainly an important factor. To find out the approval rates for disability judges in Charlotte, North Carolina, click on the link below. Data on the Approval Rates for Disability Judges in Charlotte, NC If your disability claim was denied and you [...]

August 1st, 2019|

Approval Rates for Disability Judges in Fayetteville, NC.

Data on the Approval Rates for Disability Judges in Fayetteville, North Carolina at the Social Security Administration Office of Hearing Operations (OHO). The 2nd appeal in a disability case is a Request for Hearing before an Administrative Law Judge (referred to as an ALJ). The Hearing may be in person or via a video conference. One of the most common questions I am asked is - what are my chances of winning? The Disability Judge that hears the case is certainly an important factor. To find out the approval rates for all disability judges in Fayetteville, North Carolina, click on the link below. Data on the Approval Rates for Disability Judges in Fayetteville, NC OHO. If your disability claim was denied [...]

July 22nd, 2019|

Attorney Wellness and the Practice of Law.

Attorney Wellness and the Practice of Law. Recently I spoke at a seminar sponsored by the Disability Advocacy Section of the North Carolina Advocates for Justice on the topic of attorney wellness and the practice of law. All attorneys know practicing law is a high stress profession. Nonetheless, when I made a list for this seminar of the kinds of stress I experience on a regular basis, the size of the list surprised me. Examples of Stress. Here is a condensed version of the List. * operating a business and managing employees. * the constant need for new cases and generating revenue. * being a skilled advocate with expertise in the relevant law. * having multiple cases heard in a short [...]

July 25th, 2019|

Pancreatitis and Social Security disability

Pancreatitis is a disorder involving the pancreas that causes severe, debilitating abdominal pain. It is impossible to work while one is stricken with acute pancreatitis. This article discusses how a person with pancreatitis can obtain Social Security disability benefits. […]

August 27th, 2019|

Can I work while I am waiting for a decision in my disability case?

The process of getting Social Security disability benefits is very slow. It often takes two to three years before disability benefits are awarded. While the appeal is under review, most of my clients are experiencing a financial crisis. It is a major struggle to pay for life necessities such as food, rent, electricity, heat, doctor bills and medications. I am often asked - can I work while I am waiting for a decision? This question is understandable, and very reasonable. People need some means to survive while their case is slowly winding its way through the appeal process. I respond to this question as follows: First, if you work and average earning more than $1,260 per month (in 2020), you are [...]

April 28th, 2020|
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