The numbers are in for 2010 for the percentage of cases which are allowed at the initial stage and allowed at the reconsideration level. The initial stage is when a person files a disability claim for the first time. Many of the people who are denied at the initial level…
Physicians and psychologists must make a determination about how their mentally ill patient is functioning on a daily basis. This determination or assessment is used by mental health practitioners to: determine when treatment is needed, track the progress of treatment and select the site of service (whether treatment is to…
Narcolepsy is a chronic disorder resulting in an irresistible urge to sleep and frequent daytime “sleep attacks.” This disorder is viewed as a neurological problem rather than a mental illness or something caused by anxiety. Little is known about the exact cause of the condition. Some researchers believe that the…
Many claimants who file a claim for Social Security Disability benefits receive a letter from SSA entitled “Potential Private Pension Benefit Information”. This letter informs a claimant that he/she may be entitled to some private pension benefits upon retirement. Normally, the letter gives a specific pension name, plan names and…
As many of you known, if there is no agreement on the federal budget by midnight tonight, there will be a partial government shutdown. This shutdown will last until there is a budget agreement. As of today, SSA has issued plans for how it will operate during any shutdown. Here…
What is the difference between irritable bowel syndrome (IBS) and inflammatory bowel disease (IBD)? IBS describes a set of symptoms which include abdominal pain. To be sure, it can cause, in some cases severe pain and result in disability. However, IBD is considered by the medical profession to be the…
Indiana has now joined other states in stopping the immediate mailing of advertising materials to accident victims by attorneys. This 30 day period was part of the new Indiana Supreme Court Rules on Advertising. The rules states that “a lawyer shall not solicit professional employment from a prospective client if…
On September 30, 2010, the Indiana Supreme Court, in the case of Donovan v. Grand Victoria Casino & Resort, L.P. — N.E.2d —, 2010 WL 3823132 (Ind. 2010), affirmed “one of the time-honored principles of property law” which is “the absolute and unconditional right of private property owners to exclude…
Treatments which are used to attempt to relieve pain are important facts to be considered by the Administrative Law Judge in accessing claims for Social Security Disability based on pain. Some treatments are effective and some are not effective. Most pain relieving treatments do not totally “do away” with the…
Obviously, no one but you can know the extent of your pain, how it feels or how long it lasts. There is no definitive medical test which can conclusively measure pain. SSA allows pain to serve as a basis for disability. According to 20 CFR § 404.1529(b)(c) and SSR 96-7P,…