Can a Cancer Diagnosis be the Basis for Awarding Disability Benefits?

Many individuals suffering from cancer wonder if they can receive Social Security Disability benefits. Fortunately, this is one of the most straightforward sections of the Listing of Impairments, or “Listings.” Listings are a kind of shortcut to disability. They allow for a finding of disability without considering vocational factors such as the ability to perform past work. Listings usually require many specific requirements to support a finding of disability. This is generally not true for some cancers. 

Many different cancers, or ...

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Upcoming Changes to Continuing Disability Review Could Have Disastrous Results

On November 18, 2019 the Social Security Administration published a Notice of Proposed Rulemaking reducing the time between many Continuing Disability Reviews from three years to two years. According to a New York Times opinion piece from Jonathan M. Stein, a former legal aid lawyer, this could have disastrous results for individuals receiving disability benefits. 

First, a short summary of the proposed change. Currently, Social Security has three classifications for disability cases depending on whether medical improvement is ...

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How Will Your Social Security Attorney Help You Determine the Onset Date of Your Disability?

Your “onset date” is the date when you became disabled. In order
to help you determine what onset date to allege, a Social Security Disability
Attorney may ask you a series of questions to decide when you stopped being
able to work on a regular basis. The answers to these questions will affect how
much back pay to which you are entitled and how much your monthly benefit
amount will be. 

The first question is typically “when did you stop working?” ...

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Supreme Court Rules in a Case Involving Testimony by a Vocational Expert

The US Supreme Court recently ruled on a case involving a longstanding rule out of the Seventh Circuit that required a vocational expert (VE) to provide the data supporting his/her testimony. If the VE could not provide such data, or refused to do so, that testimony would not be considered “substantial evidence” to support an unfavorable decision. In a narrow ruling, the Court struck down ...

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