Listing of Impairments – Changes to the Listings | St. Pete Social Security Disability Lawyer

Many of the Social Security Disability listing of impairments have not been updated for years and, as result, have not kept up with medical advances in diagnosis and treatment. Social Security Administration Commissioner Astrue has directed the Social Security Administration to develop a schedule to update all listings at least every five years.

Changes to listings for mental disorders, immune system disorders, cardiovascular disorders, and malignant neoplastic disease can be expected in the near future. As these listings are revised, I will explain the changes and what impact they have on your Social Security disability claim.

All claims for Social Security disability benefits are evaluated at Hurdle 3 to determine whether or not the applicant needs a listing. It’s important that these listings be updated and keep current with developments in medicine.

It is crucial that you develop the medical evidence and use residual functional capacity forms. If you have any questions, please contact St. Petersburg Social Security lawyer, Nancy Cavey.

Compassionate Allowances for Cancer Cases | Tampa Social Security Disability Attorney

Social Security disability cancer cases are difficult and heartbreaking to handle.

Cancer patients tend to be uninsured which creates gaps in medical care and lack of continuity of care.  Delay in obtaining necessary tests and treatment makes it difficult to establish the 12 months duration requirement  information that is needed to establish disability.

Some states have Set up Quick Disability Determination Processes that allow the state agency to call doctors to get specific evidence that is needed. That does not happens in cases going through the normal process.

The state disability determination offices are asking doctors for information that explains functional limitations that result from cancer, whether the patient meets an appropriate cancer listing, what the effects of therapy have been and comment on the patient’s ability to do different work related functions.

Unfortunately, I have had to get members of Congress involved to expedite decisions in cancer cases. I am glad to see that the Social Security administration understands the need for compassion allowances in cancer cases.

If you are having difficulty getting a decision from the Social Security Administration in your Social Security disability cancer case, I recommend that you seek counsel immediately. Experienced Social Security disability attorneys, like Nancy Cavey in St. Petersburg Florida, can help you with a compassionate allowance for your cancer case.

Social Security Benefits for Fibromyalgia | St. Petersburg Social Security Disability Lawyer

The Social Security Administration has acknowledged that fibromyalgia is not diagnosed based on gold standard objective testing like MRI’s or  x-rays. The American College of Rheumatology has created a standard for the diagnosis of fibromyalgia which is, in part, based on subjective response you make while being examined.

An administrative law judge cannot reject the treating physician’s opinion regarding work-related limitations based on the absence of objective evidence.

However, I always like to have the treating physician and my client on the same page about your physical activities and restictions and limitations. I use a fibromyalgia residual functional disability form. Contact Nancy Cavey, a St. Petersburg Social Security disability attorney for a copy of the fibromyalgia residual functional disability form.

Congressional Hearings About the Disability Backlog | Tampa Social Security Disability Attorney

Yet another Congressional Hearing was held on April 23, 2000 the by the full  House Wats and Means committee chaired by Representative Charles Rangel.

The committee took up the disability backlog and the resources the Social Security Administration needs to make timely decisions on Social Security disability applications. Many stories were told to the committee about the hardship for Social Security disability applicants face while waiting for a decision  and payment of benefits.

By the end of this year, Social Security hopes to bring on board 175 additional judges. 135 judges have started as of today.

I suspect that these administrative law judges will be assigned to Atlanta, Cleveland, and Detroit which are the hearing offices furthest behind.

It is hoped that a system that allows attorneys to access your file to check on a status and evidentiary development will be set up. Social Security is even considering a pilot program in June of 2000 to allow some attorneys to conduct video hearings from their offices.

It was pointed out that increasing number of claimants are dying before their hearings because of deterioration in their physical condition since they can’t obtain any medical treatment.This testimony struck home with the members of the committee. We’ll see what comes of the budgetary requests of the Social Security Administration.

Contact Tampa Bay Social Security attorneys, Nancy Cavey and Sharon Barrett, about the Social Security Disability backlog.

The 2009 Social Security Budget and Case Processing Times | Lakeland Social Security Disability Lawyer

The Social Security Administration has submitted its proposed 2009 budget to Congress. If the request is fully funded it is anticipated that:

The processing time for Social Security disability claims in 2008 has been 535 days. With the appropriations recommended, the processing time would decrease to 506 days in 2009.

The processing time for Social Security disability claims in 2008 has been 535 days. With the appropriations recommended, the processing time would decrease to 506 days in 2009.

  1. The processing time for Social Security disability claims in 2008 has been 535 days.  With the appropriations recommended, the processing time would decrease to 506 days in 2009.
  2. The number of pending cases before administrative law judge in 2008 is 752,000. With the recommended appropriations, the cases at hearing level would drop to 683,000 in 2009.

It is hoped the Congress will appropriate sufficient funds to help reduce the significant delay in processing claims and having a hearing in front of an administrative law judge.

Contact Cavey and Barrett for Social Security Disability Claims assistance.

Next Page »