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Posts tagged "ruling"

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) - New Social Security Ruling Regarding Evaluation of Symptoms

A new ruling has been published by the Social Security Administration (SSA) affecting claimants seeking Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits. The SSA published SSR 16-3p - "Evaluation of Symptoms and Disability Claims" meant to supersede SSR 96-7p. The primary change in the new ruling is that it does not contain the word "credibility," except to state that the agency is limiting the use of that term. SSR 96-7p used the word credibility or credible more than fifty times and the agency's decision to change focus of the ruling from credibility to evaluating "statements regarding intensity, persistence, and limiting effect of symptoms." The SSA notes that the adjective "credible" is problematic because the evaluation of the claimant's subjective symptoms is not an examination of the claimant's character. The new ruling states that "adjudicators will not assess an individual's overall character or truthfulness in the manner typically used during an adversarial court litigation.

Social Security Disability Insurance (SSDI) - Interstitial Cytitis (IC)

Periodically, the Social Security Administration (SSA) produces "rulings" that clarify or discuss some policy or regulation regarding Social Security Disability Insurance (SSDI) or SSI.  For instance, in 2014 the SSA releases SSR 14-1 dealing with Chronic Fatigue Syndrome.  SSR 15-1p rescinds and replaces SSR 02-2p: "Titles II and XVI: Evaluation of Interstitial Cystitis."

Fibromyalgia and Social Security Disability and SSI Claimants

     Social Security Disability and SSI claimants received good news in July of 2012 when the Social Security Administration issued SSR 12-2p. Up until now, SSDI and SSI claimants met varying levels of scrutiny when alleging disability based on fibromyalgia. Administrative Law Judges routinely denied claims finding complaints not credible, that impairments were not severe, or no medical diagnosis - just to name a few. SSR 12-2p states that fibromyalgia may be a medically determinable impairment when it is established by appropriate medical evidence.

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