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Tag Archives: Criteria

Maryland Workers’ Compensation Dependency Benefits – The 2011 Legislation

By Berman, Sobin, Gross, Feldman & Darby LLP |

By Clifford Sobin, Esq. As of October 1, 2011, Maryland’s manner of compensating dependents of employees who die due to injuries or diseases sustained as a result of their job has changed! The new law will immediately impact all employees and their dependents other than employees of municipal corporations or counties that have a… Read More »

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3 Suggestions To Increase Your Chances Of Winning A Claim For Social Security Disability Benefits

By Berman, Sobin, Gross, Feldman & Darby LLP |

The Social Security Administration (SSA) denies a whopping 72% of the initial disability benefit applications and denies about 90% of reconsiderations (the first level of appeal). (Annual Statistical Report, 2011). Though these numbers might make you think poorly of SSA, in most of these cases the evidence in SSA’s record just does not support… Read More »

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How Does The Social Security Administration Evaluate Disability Claims Based On Fibromyalgia?

By Berman, Sobin, Gross, Feldman & Darby LLP |

Early in my career, I used to warn potential clients that fibromyalgia was a “diagnosis of exclusion.”Many physicians seemed to be making the diagnosis of fibromyalgia, when everything else was ruled out.There did not seem to be actual objective evidence of fibromyalgia, just an inability to diagnose anything else.Proving disability in these cases was… Read More »

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The Effect Of Drug Addiction Or Alcoholism On A Claim For Social Security Disability

By Berman, Sobin, Gross, Feldman & Darby LLP |

On March 22, 2013 a new Social Security Ruling regarding drug addiction and alcoholism (DAA) went into effect. (SSR 13-2p). While the ruling does not dramatically change the way that SSA evaluates DAA in disability cases, I thought this was a good time to write on the topic. What is DAA in the Social… Read More »

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The Importance Of The “Disability Onset Date” In Social Security Disability Decisions

By Berman, Sobin, Gross, Feldman & Darby LLP |

The “Disability Onset Date” (DOD) is the date that the Claimant has met the evidentiary requirements to prove “disability” as defined by the Social Security law. This date is extremely important in evaluating disability cases. For instance, if the DOD is after the Claimant has turned 50 years old, the Medical Vocational Guidelines might… Read More »

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Can I Apply For Social Security Disability Benefits If I Am Still Receiving Workers’ Compensation?

By Berman, Sobin, Gross, Feldman & Darby LLP |

There are no prohibitions against receiving both Social Security Disability (SSD) benefits and workers compensation (WC) benefits. The law merely provides that there may be a reduction in your monthly SSD check because of the simultaneous receipt of WC benefits. In this post I will explain the calculation of that reduction, reasons for and… Read More »

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How Do I Calculate My Past Due Benefits For Social Security Disability?

By Berman, Sobin, Gross, Feldman & Darby LLP |

The primary benefit to being awarded either Social Security Disability (SSD) or Supplemental Security Income (SSI) is a monthly check from the United States Treasury. Besides those monthly checks, most people also get a bigger (sometimes much bigger) first check which represents their “past due benefits.” This post attempts to shed some light on… Read More »

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What Are Non-Exertional Limitations?

By Berman, Sobin, Gross, Feldman & Darby LLP |

More often than not, it is my client’s non-exertional limitations that win their case. In prior posts I have described SSA’s analysis of disability cases using exertional limitations. (See What Are “Exertional Levels” and Why are They Important in a Social Security Disability Case?). Exertional limitations are limitations on the ability to sit, stand,… Read More »

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What Are “Exertional Levels” And Why Are They Important In A Social Security Disability Case?

By Berman, Sobin, Gross, Feldman & Darby LLP |

The amount of exertion (or effort) required in a particular job is a key component in the Social Security Administration’s (SSA’s) analysis of every disability claim. The SSA classifies each job by how much exertion is required. For example, work that requires very little effort or exertion is considered to be “sedentary.” While, at… Read More »

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Eliminate The Early Retirement Penalty With Social Security Disability Benefits

By Berman, Sobin, Gross, Feldman & Darby LLP |

While it’s possible as early as age 62, choosing to receive Social Security retirement benefits before your normal retirement age is penalized. The “early retirement penalty” can amount to a 30 percent reduction in your monthly benefit. And what’s worse is that the penalty is permanent. Thus, although your monthly benefit will change with… Read More »

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