Social Security Disability And Migraine Headaches

If you have been diagnosed with migraine headaches that prevent you from performing full time work you may qualify for Social Security Disability benefits. Whether or not this medical condition will result in a favorable decision depends on many factors including the severity of the headaches along with the frequency and duration of the migraine. […]

Compassionate Allowances In Social Security Disability Claims

The compassionate allowance program was instituted so that the Social Security Administration could target specific medical conditions for approval of disability benefits. The list continues to grow and now includes conditions such as: Early onset Alzheimer’s disease; Idiopathic pulmonary fibrosis; Mixed dementia; Small cell lung cancer; If your claim is based on one of the […]

Under Age 50 And Claiming Social Security Disability?

If you are under age 50 and are contending that you are disabled for Social Security purposes, you will have to demonstrate very significant limitations to win your case. You are classified as a “younger individual” when you are under the age of 50. In most cases, if the Judge believes you can do sedentary […]

Your Ability To Work With Anxiety And Depression

A large percentage of Social Security claims either are based on or include a diagnosis of anxiety and/or depression.  This means that the Social Security Administration is very familiar with the medical components of these conditions.  The simple fact that you have been diagnosed with anxiety and depression will not automatically mean that you will […]

Medical Opinions In Social Security Cases

Social Security Judges are asked to consider many opinions when evaluating a claimant’s disability status.  However, not all opinions are acceptable medical sources.  Medical doctors or doctor of osteopathic medicine are acceptable medical sources.  Psychologists, podiatrist, and optometrist are also acceptable medical sources.  Other practitioners such as chiropractors, nurse practitioners, and physical therapists do not […]

Failed Work Attempts After Disability Claim

It is common for claimants waiting for their case to be heard at the hearing level to try to return to work.  This is because, in most instances, claimants have no income and are struggling to survive. A return to work for a period of less than 3 months will not be counted against a […]

The Difference Between Schedule Loss Of Use And Temporary Partial Disability Percentages

Many New York State Workers’ Compensation claimants are confused by the distinction between a temporary disability rate and a schedule loss of use percentage. Before someone is found to have a permanent disability, they can receive lost wage payments so long as they are disabled.  Those lost wage payments usually come in the form of […]

The Social Security Hearing: Judge’s Opening Statement

Social Security hearings are tape-recorded and after the Judge greets the claimant and his or her attorney, the Judge will make an opening statement. In his or her opening statement, the Judge will note, for the record, the persons presents for the hearing.  The time the hearing started will also be noted and most Judges […]

Evidence Of Disability

An area of confusion when dealing with disability evidence before the New York State Workers’ Compensation Board arises when a doctor uses an office form for the purpose of keeping a patient out of work. There is nothing wrong with using a form to document a disability status.  however, it has become commonplace for the […]

The Social Security Hearing: Describing Your Symptoms

The Administrative Law Judge will certainly ask you about your symptoms during your Social Security hearing.  There is a helpful way to testify and a damaging way to testify about the same symptoms. Do not simply tell the Judge the medical diagnosis of your condition and expect that will impress him.  Do not simply say […]