Consultative Examinations A consultative examination, often referred to as CE for short, is an additional medical examination ordered by the Social Security Administration (SSA). It will be conducted by a licensed medical professional at no cost to the claimant. The medical professionals who conduct consultative examinations are independently contracted with the SSA to perform these exams, and they are required to provide a non-biased opinion based off the medical evidence available. The ultimate purpose of a consultative examination is
The ALJ erred in returning claimant to past relevant work performed under special conditions. “When the SSA determines whether an individual is disabled for SSDI purposes, it does not take the possibility of ‘reasonable accommodation’ into account, nor need an applicant refer to the possibility of reasonable accommodation when she applies for SSDI. See Memorandum from Daniel L. Skoler, Associate Comm’r for Hearings and Appeals, SSA, to Administrative Appeals Judges, reprinted in 2 Social Security Practice Guide, App. §
The ALJ Ignored the Only Uncontroverted Medical Opinion In The Record In a case we recently won at the federal district court, the entire record contained only two opinions offered by the same treating source on the same day regarding the claimant’s ability to perform work. In rejecting one of these opinions from his treating physician, the ALJ stated erroneously that the opinion offered that the claimant could sit for a total of 0 to 1 hour, walk a
Following is an argument I made in a federal district court case I won: ALJ’s Residual Functional Capacity Assessment Was Not Based on Material Evidence. Put in the simplest terms, the ALJ’s residual functional capacity assessment was not based on any medical opinion in the record. In fact, the ALJ systematically rejected all of the medical opinions in the record regarding the claimant’s ability to perform work and prescribed his own set of limitations, based largely on the claimant’s
You fought for your country. Let me fight for your veterans benefits Joe Whitcomb’s first fight for veterans disability benefits was his own. When he was medically separated from service back in 2005, he did not anticipate running into difficulty getting his veterans’ benefits, but that is exactly what happened. In the end, Joe won his benefits, but not before five years, three remands, and two hearings had passed. Fortunately for Joe, by the time his appeal was half
The ALJ is charged with formulating an RFC The disability process is broken down into five steps frequently referred to as the “sequential evaluation.” This posting deals with step four of the sequential evaluation. Other posts discuss the other steps of the sequential evaluation. At step four, the ALJ must determine what you are still capable of doing despite your physical and mental limitations. What you are still able to do is called a “residual functional capacity” or RFC.
Who can represent you in your Social Security disability claim? 20 CFR 404 tells us who is allowed to represent you in your Social Security claim. However, you may ask “Why do you need an attorney on your Social Security disability claim?” Many people think that winning a Social Security disability claim is a simple matter of applying for benefits, perhaps having your doctor vouch for your disability and waiting for the Social Security Administration to issue an approval.
What is a Social Security critical claim Getting a hearing in front of an Administrative Law Judge for your Social Security claim can take a long time. The average wait in Denver, from the time you submit a request for hearing to the time you get one, is 12 months. However, in certain, very specific situations, you may be able to get in to a judge sooner. If your Social Security claim falls into one of the six “critical
Why choose Rocky Mountain Disability Law Group to Represent You in Your Social Security Disability Insurance Claim? If you’re wondering how will the attorneys at Whitcomb Law, PC will win your Social Security disability insurance claim, then watch this video. This 30 second video describes the work at Whitcomb Law, PC and its sister offices at Rocky Mountain Disability Law Group and Southern Disability Law Group are helping people win their Social Security disability insurance claims. With thousands of Social Security disability claims
Do I Need a Social Security Disability Attorney for My Disability Claim? This one minute video answers the question, “Do I need a Social Security attorney for my disability claim?” Attorney Joe Whitcomb, founder and president of Whitcomb Law, PC, details the issues of which your Social Security disability attorney should be aware.