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The subjective desire to use a cane is not enough to trigger much before an ALJ. Most ALJs require some evidence, hopefully written by the physician, that the use of a cane is reasonable and medically necessary and causally related to the claimant’s condition. A written recommendation by a physician […]
Author: Mike Murburg
I have been asked if a claimant’s failure to report side effects are a valid basis for finding that the claimant is not credible. Often, the time spent between the patient and medical provider is short and there is very little time to convey or record some of the problems […]
Usually an alcohol or drug abuse issue is the death knell to a Social Security Disability Case. In a recent case that we won, there was such an issue. I cannot go into particulars but suffice it to say that when a claimant kicks the habit and continues to go […]
Yes CONGRESS SEEMS TO THINK THAT THE HIGHER THE DISPOSITION RATES AF AN ALJ, THE HIGHER THE ALLOWANCE RATES, SO WHAT IS THE CAP? The cap is 720/year. Once an ALJ decides 720 cases, he or she can just go fishing. Unfortunately, there are systemic problems with […]
We do from time to time conduct video hearings. My preference is that my client not have them, but in the end, one might just as well go with a video hearing than not. It all depends on the “pay” rate of the ALJ: the percentage of cases awarded vs. […]