The answer is no! On January 23, 2017, President Trump appointed Nancy A. Berryhill the Acting Commissioner of Social Security. The appointment occurred under a federal law known as the Vacancies Reform Act (5 U.S.C.A. 3345 et seq.). The term “acting” in important. The United States Congress did not confirm the…
Articles Posted in Social Security Disability
By the Numbers. . . Allowances for Disability
Every year, the Social Security Administration complies numbers which it says represents the allowances and denials the Commissioner of Social Security has made in the past fiscal year for applications and appeals for disability. The following numbers are not just for Indiana or the Indianapolis Office of Hearings Operations but…
Merry Christmas!
Sufficient and Consistent Medical Evidence are Keys in Social Security Disability Cases
In my November 24, 2017, blog post, “Does a Statement from A Family Doctor Writing “Disabled” Guarantee A Finding of Disability?” I discussed the need for the report of a treating physician to important details, medical findings, and medical reasoning. Equally important is the need for sufficient and consistent medical…
Eric Conn Captured In Honduras
Numerous news television stations reported this evening that an ATIC-SWAT team arrested Eric Conn when he was leaving a restaurant. The arrest took place in La Ceiba, Atlántida, Honduras. The ATIC-SWAT team and the Federal Bureau of Investigation (“FBI”) worked together to bring about Mr. Conn’s arrest. It is expected…
Appealing to the Federal District Court
Appealing the unfavorable decision of an administrative law judge is the final step in the administrative journey to receive Social Security disability. Unfortunately, about 82% of the appeals to the Appeals Council result in a denial of the Request for Review. To add insult to injury, not only does a…
Does a Statement from A Family Doctor Writing “Disabled” Guarantee A Finding of Disability?
Often, a person will begin the disability process by going to a local Indianapolis Social Security office and apply for disability benefits. Many times, the reason that the person is applying for benefits is because the family doctor said that the person can no longer work. Sometimes the doctor writes …
Thanksgiving Day, 2017
The 5 Business Day Evidence Rule
Before May 1, 2017, persons receiving notice of a scheduled hearing before an administrative law judge were advised to submit written evidence before the hearing. They were also advised that if they were unable to submit the evidence before the hearing, they could bring the evidence to the hearing. Based…
Adding New Evidence at the Appeals Council
Effective January 17, 2017, the Commissioner of Social Security has changed how and under which circumstances the Appeals Council will consider evidence submitted to it. Amending 20 C.F.R. §§ 404.970 and 416.1470 accomplished these changes. [81 FR 90987.] (These two regulations are identical except for the fact that 20 C.F.R. §…