SSR 11-1p general precludes the filing of a new disability application if there is a prior application pending at the Appeals Council. However, revisions in POMS DI 51501.001 provided an exception – new critical condition exception – which allows a claimant with an appeal pending at the Appeals Council to file a new application. Example: …
Continuing Disability Reviews
All claimants drawing disability benefits should be aware that Congress has increased funding for Continuing Disability Reviews. These are reviews that occur from time to time to make sure that claimants drawing disability benefits continue to be disabled. The process usually starts with a questionnaire about recent medical care, and the request for a release …
Illiteracy and Social Security Disability
Illiteracy is not considered to be a medical condition by the Social Security administration. It is considered to be a level of education. Therefore, a claimant cannot draw disability on the basis of illiteracy, alone. However, claimants who have serious medical conditions, and are also illiterate, sometimes have a better chance of qualifying for benefits …
The Importance of Medical Evidence
Claimants who file for Social Security Disability benefits have physical impairments, mental impairments, or a combination of both. The claimant will testify at a hearing about the symptoms related to their medical impairment(s). The claimant’s testimony will be heard by an Administrative Law Judge or “ALJ.” The ALJ will compare the claimant’s testimony to the …
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