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Social Security Disability Insurance (SSDI) Archives

Social Security Disability Insurance (SSDI) - SSA Issues New Ruling on Obesity

Obesity is a commonly misevaluated issue in Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims. The Social Security Administration (SSA) issued Ruling SSR 19-02p: "Titles II and XVI: evaluating cases involving obesity" on May 20, 2019. This new ruling will apply to all claims filed or pending on or after May 20, 2019. SSR 19-02p clarifies that SSA establishes obesity as a medically determinable impairment (MDI) based on height and weight, measured waist size, and BMI measurements over time. A BMI of 30 or higher or a waist size greater than thirty-five inches for women and greater and forty inches for men will generally establish the existence of an MDI of obesity. As with most impairments, though, the Social Security Administration will consider all evidence froObesity is a commonly misevaluated issue in Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims. The Social Security Administration (SSA) issued Ruling SSR 19-02p: "Titles II and XVI: evaluating cases involving obesity" on May 20, 2019. This new ruling will apply to all claims filed or pending on or after May 20, 2019. SSR 19-02p clarifies that SSA establishes obesity as a medically determinable impairment (MDI) based on height and weight, measured waist size, and BMI measurements over time. A BMI of 30 or higher or a waist size greater than thirty-five inches for women and greater and forty inches for men will generally establish the existence of an MDI of obesity. As with most impairments, though, the Social Security Administration will consider all evidence from all sources when evaluating the severity of an impairment including all symptoms such as fatigue or pain and any functional limitations. The new ruling states that obesity may contribute to the limitation or range of motion of the skeletal spine and extremities and that people with obesity may have limitations and ability to sustain a function over time explaining that fatigue may affect the person's physical and mental abilities to sustain work activity.

Social Security Disability Insurance (SSDI) - New Rulings Issued

The Social Security Administration (SSA) recently released several new Social Security Rulings (SSRs) that apply to both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims. The first two SSRs relate to the establishment of the onset of disability dates and replace SSR 83-20. SSR 18-01p and SSR 18-02p became effective as of October 2, 2018. SSR 18-01p addresses how the SSA determines the Established Onset Date (EOD) in claims involving "traumatic, non-traumatic, and exacerbating and remitting impairments," as well as other EOD related cases involving work activity and previously adjudicated periods. One important issue is that the SSR clarifies that an Administrative Law Judge ("ALJ") is not required to call upon a medical expert ("ME") to assist with inferring the claimant's EOD.

Social Security Disability Insurance (SSDI) - Update on Hearing Office Average Processing Times and Approval Rates

One of the toughest things I have to do when explaining to people applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) or whose application has been denied is the length of the process. I try to regularly provide an update on processing times and approval rates for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims at some hearing offices (ODAR). However, it has been since February of 2018.

John Dreiser and Tony Farmer Voted Top Attorneys

John Dreiser and Tony Farmer were elected by their peers to be "Top Attorneys" in several areas of practice. CityView Magazine's July/August 2018 issue contained the annual listing of attorneys voted as the best in different practice areas by other attorneys in East Tennessee. Tony and John have been honored in every year since 2007 when the magazine began publishing the list. This year Tony was named as one of the top attorneys practicing workers' compensation. John was named as one of the top attorneys in the following areas:

Social Security Disability Insurance (SSDI) - SSA Adopts New Rules on Representative Conduct

The Social Security Administration ("SSA") recently adopted final rules revising the Rules of Conduct and Standards of Responsibility for Appointed Representatives for representation of claimants in Social Security Disability Insurance ("SSDI") and Supplemental Security Income ("SSI") claims. The SSA announced the rule revisions are to update and clarify procedures for bringing charges against a representative for violating the rules and standards and that they are necessary to better protect the integrity of the administrative process.

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