Because you are disabled.

File for disability benefits.

Appeal your case.

How you presented your initial application was the best you could do at that time given what you knew and were told.

But, if you were not successful, appeal (1) because you are disabled and (2) because you can improve on your presentation.

Sunday, June 5, 2016

Our Stone Age Brain & Disability



Political Animals: How Our Stone-Age Brain Gets in the Way of Smart Politics by Rick Shenkman discusses cognitive science, psychology and evolutionary psychology.

Evolutionary psychologists argue, according to Shenkman (p. 116), that “our biases are not ‘design flaws,’ they are ‘design features.’”  The book’s conclusion (p. 247) is that citizens, with Pleistocene brains, have to work at reforming themselves to have a democracy that works.

Shenkman analyzes what he calls (p. 109) “some of the most common cognitive biases identified by social scientists.”  They are: availability bias, perseverance bias, source confusion, projection bias, self-serving bias, superiority bias, planning fallacy and optimism bias.

This is an interesting, “big picture,” work.  Sadly, in one respect, I would argue that the author suffered from some of the biases that he described.

Shenkman made overly broad statements on Social Security disability and put too much faith in an April, 2013, National Public Radio (NPR) series (pp. 210-211). 

Shenkman states:

“While the welfare rolls were going down [after 1996 laws], the number of people on Social Security disability was going up.” [p. 210]

“It appears plausible that after they left the welfare rolls, a lot of them simple moved onto the disability rolls.” [p. 210]

“It makes no sense for people who cannot find a job to go on disability if they are not really disabled.” [p. 211]

“According to NPR, the criteria by which people are designated disabled are arbitrary.” [p. 211]

Not only did Shenkman fail to provide independent evidence for his conclusions, innuendos and generalizations, he failed to note the objections to the NPR series and failed to include citations of organizations and individuals taking issue with the NPR series—see below.

The NPR series was criticized by many, including the National Organization of Social Security Claimants’ Representatives (NOSSCR) and by eight former commissioners of Social Security, who said that “the series failed to tell the whole story and perpetuated dangerous myths.”

See:




Additionally, Shenkman did not make clear that there are two Social Security disability programs.  One disability program is part of Social Security insurance; retirement and survivor's benefits are other parts--these three programs are based on workers’ contributions (FICA—the Federal Insurance Contributions Act).  The other program, a needs-based program that provides for disabled children and others who have not worked under FICA (or who have not worked recently or long enough under FICA), is Supplemental Security Income.


So on the one hand Social Security disability is a contributory insurance system and the Supplemental Security Income disability program is a welfare disability program.

Shenkman also did not describe the backlog of pending Social Security disability cases, the sequential evaluation process, the out-of-date vocational methodology used by Social Security, the reliance on state disability determination services to make medical determinations, and so many more factors that impact the ability to get approved.

Friday, May 27, 2016

Don't Vote for a Bully

Although the term, "pithy expressions," may not be trending these days, most people know what "sound bites" and slogans are.

The 2016 presidential election has already contributed many sound bites and slogans, and more should be expected.  Unfortunately, insults are also trending.

My one-liner is:

Don't Vote for a Bully.

Monday, January 11, 2016

Medical Records/Medical Evidence




 The doctor said: “doing well on current medication.”


A very interesting and telling article on medical evidence in Social Security disability cases by Attorney Julia Mariani, entitled, “The Play is the Thing,” should be read by all adjudicators, claimant representatives, personal advocates of claimants and claimants.



Mariani, who has a bachelors degree in dramatic literature, argues that critical reading skills are “directly applicable” to reviewing medical records.



This article, cited by Charles Hall in his blog, http://socsecnews.blogspot.com/, can be found in

Social Security News of The Social Security Law Section of the Federal Bar Association (pages 12-13, 23-26) at http://www.fedbar.org/Image-Library/Sections-and-Divisions/Social-Security/Winter-2016.aspx


Suicide Prevention



Every Social Security award letter, determination, decision, and notice should include information about suicide hotlines or on­line communities that provide immediate prevention aid by trained professionals



Attorney N. David Kornfeld, writing in the Social Security Law Section of the Federal Bar Association’s newsletter expressed the hope that researchers will be funded to study the issue of whether there is “an increased rate in suicides by Social Security dis­ability claimants or recipients.”



Kornfeld stated that his “working thesis continues to be that there is a suicide epidemic which is only getting worse with increased denials and increased waiting times in the Social Security disability process.” 



Kornfeld called upon the Social Security Administration to engage in suicide prevention and awareness efforts by adding information in every Social Security award letter, determination, decision, and notice. He said that every communication from Social Security should include information about suicide hotlines or on­line communities that provide immediate prevention aid by trained professionals including the National Suicide Preven­tion Lifeline (1-800-273-8255, also available in Spanish 1-800-784-2432).



This article was cited by Charles Hall in his blog, http://socsecnews.blogspot.com/

Social Security News of The Social Security Law Section of the Federal Bar Association can be found at http://www.fedbar.org/Image-Library/Sections-and-Divisions/Social-Security/Winter-2016.aspx.  See pages 10-11, 22-23.