Tag Archives: Durational Requirement

Medical Experts at Social Security disability hearings

By , January 13th, 2011 | 3 Hearings | 8 Comments

Sometimes when a Social Security disability case goes to hearing, the Administrative Law Judge has a brand new doctor testify (usually by telephone). This is not one of your doctors, or (usually) even one of the doctors Social Security has sent you to. These are Medical Experts (MEs) that the Judge calls for several reasons:

Establish a medically determinable impairment. In any Social Security disability case, you have to prove the existence of not only symptoms, but also an underlying cause — a diagnosis. When the records are not clear, or when different doctors have provided different diagnoses (especially over time), a Medical Expert can help clarify what the underlying conditions have been and are today.
Determine if the impairments meet or equal a listing level impairment (step 3 in the Sequential Evaluation Process). If a Medical Expert states your impairments either meet the requirements of  listing level impairment, or have the same limitations as a listing level impairment, the case may be approved very quickly.
Provide limitations from the impairment(s). In many cases, treating doctors do not want to make any kind of opinion about work-place limitations. They refuse to complete forms which often results in a gap in your evidence. Even though Social Security often has one of their own doctors review a case and determine limitations during the initial case review (before the first decision), the Medical Expert can provide a new opinion. This can be a better opinion since it is based on evidence that has been developed over the course of the case.
Establish an onset date. If the Medical Expert is supportive of the disability, they may also be asked to estimate how far back the limitations existed. This is important to establishing the correct onset date in a case.
Provide a prognosis. In order for a condition to be disabling it has to either be expected to result in death or be disabling for 12 months or longer. If a condition has not clearly been disabling for 12 months, a Medical Expert may be asked whether it is likely to continue until the durational requirement is met.

While a Medical Expert may touch on any or all of these, the make or break issues are whether the impairments meet a listing, or if not, what limitations are expected to result from the impairments.
Is having a Medical Expert good or bad?

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13Jan

You have to be disabled for 12 months – the Durational Requirement

By , May 18th, 2009 | Definitions | 3 Comments

1 year calendar

Have you ever seen this in a Social Security denial?
While your condition may prevent you from working at the present, we do not feel that your condition will remain disabling for 12 months.

First, Social Security says that you are disabled. Then, they deny the claim. What is going on?

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18May

How Social Security reviews cases: the 5 step sequential evaluation process

By , March 19th, 2009 | Basics, Definitions | 18 Comments

How Social Security decides cases

I have written about how Social Security defines disability, work, and a substantial gainful activity.

But, how does Social Security really evaluate a case?

Social Security reviews cases using the five-step sequential evaluation process to decide is a person is disabled.  Here are the 5 questions that make up the sequential evaluation process:

Does your impairment keep you from being able to perform a substantial gainful activity (SGA), generally full-time, competitive, work?
Is your impairment severe?  AND, is your impairment expected to remain severe for at least 12 months?
Does your impairment “meet or equal” one of Social Security’s “Listing of Impairments?” A listing of medical conditions, acceptable medical evidence, and the severity necessary for an impairment to be considered disabling.  There are separate listings for adults and for children.
Does your impairment prevents you from being able to perform any job you performed over the last 15 years which was also a substantial gainful activity?
Does your impairment prevent you from being able to perform any other type of work which exists in substantial numbers of the national economy?

Let’s take these one at a time:

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19Mar
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