Author Archives: Jay Butchko
How an Improper “Residual Functional Capacity” Assessment May Affect Your Disability Claim
Social Security follows a five-step process when assessing a claim for disability benefits. The final two steps involve analyzing what jobs, if any, the claimant could perform given their physical and mental limitations. In step four, a Social Security administrative law judge (ALJ) will determine the claimant’s “residual functional capacity” (RFC); that is, what… Read More »
How Social Security Is Supposed to Assess a “Severe Impairment” When Reviewing a Disability Application
There are five steps that Social Security goes through when assessing an application for disability insurance benefits. The first step is to determine the applicant’s financial eligibility–that is, whether or not they are working and earning income above a certain minimum threshold. Assuming the applicant is not earning too much income, Social Security then… Read More »
How Does the “Episodic Nature” of Bipolar Disorder Affect a Claim for Disability Benefits?
Bipolar disorder is a serious, lifelong mental impairment that causes frequent bouts of depression. By its very nature, bipolar disorder is unpredictable. A person can feel fine for an extended period of time in between manic episodes. This unpredictability can often make it challenging, however, for individuals with bipolar disorder to obtain Social Security… Read More »
What Happens When Social Security Ignores “Overwhelming Evidence” That a Person Is Disabled?
It is not uncommon for federal judges to overturn a finding that a person is not entitled to Social Security disability benefits. What is unusual is for the court to actually award such benefits. Instead, the common practice is to return–or “remand”–the case to Social Security for a new hearing. But there are exceptions…. Read More »
Federal Magistrate Orders Third Disability Hearing for Florida Woman with Fibromyalgia
We have discussed the problems faced by individuals with fibromyalgia in obtaining disability benefits. The problem is so bad that even when a judge issues explicit instructions to Social Security with respect to assessing fibromyalgia, the agency still refuses to follow the law. Unfortunately, in many cases the only remedy for the victim is… Read More »
How Does Social Security Determine When You No Longer Qualify for Disability Benefits?
It is possible in a disability case for Social Security to find you that you were disabled for a certain period in the past but are now capable of working. As with all matters related to disability claims, however, Social Security must follow the available medical evidence. Agency officials cannot simply declare you are… Read More »
How the Need for Family Support Can Affect Your Disability Application
Although we often think of disability in terms of physical limitations, mental impairments can be just as debilitating. Many people who suffer from severe depression and anxiety are simply unable to function in a typical working environment. That does not mean they are completely incapable of performing basic tasks of daily living. But oftentimes,… Read More »
Understanding the Difference Between Social Security and VA Disability Benefits
When members of our armed forces get sick or injured during their service, they are eligible to receive disability compensation from the U.S. Department of Veterans Affairs (VA). In many cases, these same veterans can also apply for Social Security disability benefits. One question we often get is, “Will Social Security automatically award me… Read More »
Social Security Often Falls Short in Assessing Fibromyalgia Cases
Fibromyalgia is a disorder that causes its victim to suffer pain all throughout their body. Doctors do not know the cause of fibromyalgia. There is also no cure, although its symptoms can be managed through medication and other treatments. In many cases, fibromyalgia may prevent a person from working and therefore qualify them for… Read More »
How an Obscure Provision of the Constitution May Affect Your Disability Case
If Social Security denies your initial claim for disability benefits–which is sadly, a common occurrence–you have the right to ask for a hearing before an administrative law judge (ALJ). An ALJ is not a judge in the conventional sense, i.e., they are not part of the judiciary. Rather, ALJs are employees of the Social… Read More »
