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The One Year Durational Requirement

The “duration” requirement is one of the fundamental rules of Social Security Disability Law.  The Agency’s regulations state, “Unless your impairment is expected to result in death, it must have lasted or must be expected to last for a continuous period of at least 12 months.”  20 C.F.R. § 404.1509. Social Security defines “disability” as [...]

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What do I do Next if my Social Security Disability or Supplemental Security Income Case gets Denied?

If your Social Security Disability or Supplemental Security Income case gets denied, you should file an appeal.  Generally, there are four levels of appeal for purposes of Social Security Disability or Supplemental Security Income benefits.  These include Reconsideration, Hearing, Appeals Council, and Federal Court. After your initial application is denied, you must file an appeal, [...]

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If Denied for Social Security Disability or SSI, you Need to File an Appeal

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There are four levels of appeal for denial of Social Security Disability or Supplemental Security Income (SSI) Benefits.  These generally include a Request for Reconsideration, a Request for a Hearing, a Request for Review by the Appeals Council, and filing a lawsuit in Federal District Court. If you file an application for Social Security Disability [...]

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Not Going to a Social Security Disability Consultative Examination (CE) is a Mistake

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A Consultative Examination (CE) is a doctor’s exam that the Social Security Administration (SSA) or state Disability Determination Service (DDS) agency is paying for, and scheduling you for so that they have more medical evidence to evaluate your claim.  If the DDS or SSA has scheduled you for a CE it is essential that you [...]

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Not Updating Social Security with Your New Address or Phone Number is a Mistake

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Everyone knows that the Social Security Administration (SSA) and state Disability Determination Service (DDS) agencies that process your disability application are not able to keep up with their work in a timely way because they don’t have enough people to do all the work.  Millions of people file for disability every year, and the government [...]

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I Was Approved for VA Disability, Will I Also be Approved for Social Security Disability?

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Being approved for VA benefits does not mean your social security disability claim will be approved.  The VA approves or denies benefits based whether the impairment originated while the claimant was engaged in military service and gives percentages as to the level of disability. Social security disability claims are based on the severity of the [...]

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What is Past Relevant Work (PRW)?

If SSA decides you do not meet a listing, then your case proceeds on to step four of the five-step disability evaluation process.  At step four Social Security considers whether you can return to your Past Relevant Work, or “PRW” for short. Social Security will ask you for details about your past work at the [...]

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A Little Back Pain is not enough to Win Social Security Disability

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Because there is so much potential for abuse with people falsely claiming that they are so severely disabled that they cannot work, the Social Security administration has instituted stringent standards for approval for anyone applying for Social Security Disability. Back pain can certainly be a serious medical condition that can make it very difficult or [...]

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