Social Security Disability Appeals Pocket Guide Seroes Federal Judicial Center (United States Federal Judicial Center Federal Judges Guidebooks)

By: United States Federal Judicial Center

The document "Social Security Disability Appeals: First Edition, Second Printing (2019)" is a detailed guide aimed at assisting judges in handling Social Security disability appeals in U.S. district courts. Here is a summary of the first 33 pages out of 45: Foreword and Preface: The guide began as an outline for Federal Judicial Center workshops and was expanded to assist judges with increasing caseloads in Social Security disability cases. Overview: This section introduces the complexity of Social Security disability cases and emphasizes the role of judges in reviewing the Commissioner's final decision under the substantial evidence standard. Reviewing the Commissioner's Final Decision: The Five-Step Process: A detailed exploration of the sequential five-step process used to determine disability, including key considerations at each step. Step 1: Substantial Gainful Activity and Onset Date: Discusses the necessity for a claimant to establish a lack of engagement in "substantial gainful activity" to qualify for disability benefits. Step 2: Severe Impairment: Addresses the requirement for a claimant to prove a "severe impairment" that significantly limits their ability to perform basic work activities. Step 3: Listed Impairments: Explains the process of determining if a claimant's impairments meet the specific requirements of the "Listed Impairments" for presumed disability. Residual Functional Capacity: Focuses on assessing what work activities a claimant can perform despite their impairments. Step 4: Ability to Perform Past Relevant Work: Evaluates whether a claimant can perform their past relevant work based on their residual functional capacity. Argument 1: Failure to Adequately Develop the Record: Discusses the argument regarding the adequacy of record development by the Administrative Law Judge (ALJ). Argument 2: Treating Physician Rule: Covers changes in the evaluation of medical evidence and the repeal of the Treating Physician Rule. Argument 3: Pain: Addresses how pain, as a symptom of impairment, is evaluated in disability determinations. Argument 4: Harmless Error: Discusses the concept of "harmless error" in the context of disability determinations. Step 5: Other Work in the National Economy: Describes the process of determining if other work exists that the claimant can perform, often involving vocational expert testimony. Attorney's Fees: Explains the considerations and legal frameworks for awarding attorney's fees under the Social Security Act and the Equal Access to Justice Act. Appendix: Definitions and Core Concepts: Provides definitions and explanations of core concepts and terms used in Social Security disability law.

• Format: Paperback
• Language: English
• ISBN: B0CPDKT9SV
• ISBN13: 9798870621043
• Release Date: December 2023
• Publisher: Independently published
• Length: 42 Pages
• Weight: 0.25 lbs.
• Dimensions: 9.0" x 0.1" x 6.0"