February 27, 2020

Winning Strategies for Federal Court Appeals

Winning Strategies at the Social Security Disability Appeals Council

Episode 8

In this installment, I answer three questions from listeners and I discuss Social Security’s new Social Security Disability Regulations that go into effect on August 1, 2006. 1) Brenda writes to ask: "how bad does my health have to be before I can receive disability?" 2) Darrell asks: "how can I find out the status of my disability claim online?" 3) Scarlett writes: "my husband suffers from chronic pain, failed cervical (neck) surgery and he has had lower back surgery. His cervical vertebrae are fusing together on their own and he has uncontrollable spasms in his right arm and hand. His doctor will not give us a written statement. He filed is claim for Social Security disability in 2000 and the case has been appealed up to the federal district court. The district court has sent the case back to the original Social Security judge for a new hearing. Is it possible that the judge will make the right decision?" New Social Security Disability Regulations. See Troy Rosasco’s post on Disabled Worker Law Blog.

[tags] chronic pain, new social security disability regulations, social security online [/tags]

Episode 7

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In this installment, I answer two questions from listeners: 1) Ron writes to say that he has received a notice from Social Security demanding that he repay $70,000. They contend that he has been overpaid. They have further advised him that “it is too late to appeal” and they have stopped his monthly check. Does he have any options. Reconsideration of Overpayment calculation-form SSA-561-U2 Request for Waiver of Overpayment – form SSA-632-BK 2) Liliane writes to say that he has received a favorable decision on her SSI claim but the onset date for her disability shown on the decision is the date the actual application was completed, which is about a year after she initially contacted Social Security to start the application process. She wants to know if she has any recourse to collect that missing year.