New Hampshire Social Security Disability

Your functional limitations will decide your claim

Social Security disability attorney Gordon Gates — Mon, 20 Feb 2012 13:25:23 +0000

Your application for Social Security disability benefits will be determined based upon your functional limitations, and how they affect your ability to do work-related activities. In many respects, disability is functionality.

In the context of Social Security disability law, this concept is expressed as Residual Functional Capacity (RFC). The RFC is Social Security’s assessment of your abilities to do sustained physical and mental activities on a regular and continuing basis in a work setting. The RFC considers only those functional limitations resulting from medically determinable impairments.

Social Security looks at your ability to do basic things for an 8-hour workday, like lifting and carrying, standing and walking, and sitting. For those with mental impairments, the SSA will assess the ability to maintain focus and concentration, to follow simple instructions, and interact with other people throughout a workday. These are very basic requirements of any employment.

The resulting RFC is used to determine whether or not you can return to your past relevant work, or perform other work.

The disability examiner (or, after an appeal of a denied claim, the administrative law judge) must infer your RFC from the disability claim file. Evidence of your work-related limitations can be provided by your medical records, or by medical source statements, which are opinions from your treating medical providers regarding your functional limitations. Social Security must give controlling weight to a your treating doctor’s opinion, if it is “well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence in your case record.” See 20 CFR 404.1527(d)(2). This deference to the opinion of a treating physician makes a medical source statement particularly important for diability claimants.

Non-medical evidence can also help to establish your RFC. Limits in your daily activities tend to demonstrate functional limitations. A written statement from a spouse or friend may help to establish your RFC. Testimony at the hearing regarding specific examples of your limitations can also help the disability examiner or the judge to assess your RFC.

Whether medical and non-medical evidence, the goal is to establish physical and/or mental limitations that preclude your ability to work on a regular and continuing basis. You should not rely on your medical records alone to establish your limitations.

Help with your disability application over the phone

Social Security disability attorney Gordon Gates — Sun, 19 Feb 2012 13:04:56 +0000

The initial application for Social Security disability benefits is particularly important in New Hampshire. The opportunity to obtain disability benefits at the initial application should not be overlooked.

You can apply for disability benefits in person at the local Social Security office, online via the SSA’s website, or you can apply over the phone with the help of a lawyer.

I recently assisted a new client over the telephone with his initial application for Social Security disability benefits. It went very well. I was able to counsel the client on what to expect from the disability claim process, the importance of fully describing past relevant work, and why the SSA was asking certain questions in the application.

Starting the process over the phone allows you to to complete the application from your own home, and there are several benefits of working with an experienced Social Security disability attorney at the very beginning of your disability claim:

You have a guide throughout the disability claim process.
The issues in the claim are framed from the beginning.
Common mistakes are avoided.
Obtain the medical evidence that supports your claim.
If necessary, an appeal will be filed quickly.
You pay no attorney fee unless the claim is successful.

One of the benefits of having legal help with the application over the telephone rather than face-to-face is that you do not need to have a nearby lawyer who specializes in Social Security disability law.

Legal assistance with the disability application is particularly important for those age 55 or older, because your vocational background plays a major role in the determination.

N.H. Average Processing Times

Social Security disability attorney Gordon Gates — Fri, 17 Feb 2012 04:53:05 +0000

The latest statistics for average processing times for the Social Security hearing offices have been published. The average processing time for the Manchester, New Hampshire hearing office stands at 320 days – just under 11 months.

Processing time runs from the day the hearing office receives your request for hearing by ALJ to the day a decision is issued. The 320 days is an average. Some claims are resolved more quickly. A claim that goes to hearing and requires a lengthy written decision may take longer.

In New Hampshire, initial disability claims that are denied and appealed go directly to the hearing level. New Hampshire is a prototype state that skips the intermediate “Reconsideration” step used in most states.

The Manchester hearing office will provide you at least 75 days advance notice of your hearing date. As a result, your claim is likely to be scheduled within 6-7 months of your appeal. Your lawyer will use that time to strengthen your case, and to prepare for the hearing.

If you have received a denial of your initial claim, you should appeal right away by requesting a hearing. If you have not already consulted a lawyer, you should consult one very soon.

I offer a free consultation, and there is never a fee unless your claim is successful and you receive benefits.

Appeal Your Denial

Social Security disability attorney Gordon Gates — Tue, 05 Jul 2011 00:01:13 +0000

When you receive a denial letter from Social Security, the most important thing to do is to appeal that denial within 60 days.

There are many reasons why an initial claim gets denied, and many denials have nothing to do with the merit of your disability claim. Further, the explanation provided in the denial letter is often wrong. And sometimes there is no logical reason for a denied claim.

By appealing, you will ultimately have a hearing with a U.S. Administrative Law Judge (ALJ). The hearing level is your best chance to have your claim for disability benefits granted.

A common mistake made by claimants is that, instead of appealing a denied claim, they reapply later. Then they are denied again. Do not make that mistake! Improve your chances of receiving benefits by getting some help and appealing your denied claim, rather than reapplying for benefits later.

Social Security maintains records that show the number of disability claims are decided at the various levels. The chart below shows the statistics from 2009.

There is a lesson in these statistics: many claimants do not appeal their initial denial of benefits.

The chart shows that in 2009 there were 2,686,152 initial claims, but only 582,992 Reconsideration determinations. Ten states, including New Hampshire, don’t have the intermediate Reconsideration step, so you can’t exactly compare those two sets of figures. Nevertheless, it is clear from these statistics that many Social Security disability claimants did not appeal the initial denial of their claim.

The chart also demonstrates that the likelihood of receiving benefitsincreases if you appeal your claim.

The top row shows that 37% of the disability and SSI initial applications were granted nationwide. 63% were denied. These are national statistics, but the allowance rate in Maine is almost identical.

The second row shows that, of the denied claims that were appealed, 86% were denied again at the Reconsideration level.

But look at what happens at the hearing level (row 3). 63% of the claims are allowed. So if you appeal your denied claim to the hearing level, your chances of approval rise dramatically. The statistics prove it.

Here is the complete 2009 Waterfall Chart, showing the Appeals Council and federal court decisions, too.

Choosing a Disability Lawyer

Social Security disability attorney Gordon Gates — Fri, 01 Jul 2011 04:37:22 +0000

When you come to the realization that you need help for your Social Security claim (read more about how a lawyer can help you), the next step is to find the best lawyer for you. That is both easier and harder than it may seem.

It is easier because you do not have base your decision on the amount of the fee. Attorney fees are regulated by the Social Security Administration, and any fee paid must have prior approval by the SSA (read more about attorney’s fees). Just about everyone practicing in this area charges the same 25% contingency fee. So when selecting a lawyer, price is not a differentiator.

It can be harder because there are traps for the unwary.

Here are some factors that I think are important to consider when seeking the right lawyer for you:

Hire a real attorney

Many claimants do not realize that you do not have to be an attorney to represent someone before the Social Security Administration. To the contrary, a claimant’s representative is not required to have any credentials or experience at all. Non-attorney representatives often use the same contingency fee agreement and charge the same fee as lawyer would. So some claimants assume they have hired a lawyer, when in fact they have not.

Now, I know some very capable non-attorney representatives, and most were former Social Security employees who learned the system from the inside. But you should at least know whether or not your representative is a lawyer. I have seen many new websites lately for non-attorney representives that look just like law firm websites. So don’t be confused.

Hire a specialist

You want someone who devotes most of his or her practice to Social Security disability claims. It is a surprisingly complicated area of law that has little in common with a litigation practice. In my opinion, you don’t want the local lawyer who did your neighbor’s divorce or your friend’s OUI. Social Security law is unique, and it really does help to specialize. You should look for someone who has conducted hundreds of hearings. Experience can make an important difference, particularly with a close claim.

Hire someone who is in your state

A Social Security disability claim is a federal adminstrative proceeding, so representation has no state boundaries. A lawyer (or nonlawyer, for that matter) can legally represent claimants living anywhere in the country. But the last thing you want, in my view, is an attorney who flies in to attend your hearing and meets you for the first time right before the hearing. I maintain offices in both Maine and New Hampshire, and I meet my clients much earlier in the claim process, well ahead of the hearing.

More importantly, a lawyer from your state will have experience with the administrative law judge deciding your case. Every judge considers a disability claim a little bit differently, and I tailor my prehearing briefs and hearing presentations to the particular judge deciding the claim. It makes a difference. I have hearings with the same judges in the Portland and Manchester hearing offices over and over again. I know what to expect from them and they know what to expect from me.

Attending hearings with the same set of judges is the main reason that I limit my Social Security disability practice to the states of Maine and New Hampshire. But there are other reasons, as well. I interact with the same staff at the local Social Security offices over and over again. I have good relationships with these professionals. Further, I work repeatedly with the many of the same doctors and counselors. I believe that all these relationships help my clients get better results.

Your lawyer should be readily available to you

I talk with my clients on the phone, meet with them, and trade emails. I can be reached. Of course, there are times that I might have to call you back, and office visits are by appointment. But I am accessible, and I think that’s important.

Beware the case manager, a staff person that handles your case until just before the hearing, when your case is then handed off to the lawyer conducting the hearing. In my office, I am your case manager. Don’t get me wrong, I have a terrific paralegal who runs the office, obtains records and medical source statements from your doctors, and works extensively on your claim. But we work together, and I manage your claim from the beginning.

Please get a lawyer involved early

Consider hiring an attorney sooner rather than later. Remember, there is no cost up front, and no fee at all unless you receive benefits. The sooner a lawyer is involved, the more potential to make your case stronger. An attorney can also be your guide through a difficult process. You don’t have to go it alone.