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Social Security

What Type of Disability Attorney is best for you?

Social Security Disability is a special area of practice.  Attorneys who are well-versed in Social Security Disability law often have a large volume of social security disability clients.  While a large-volume, specialized practice can be beneficial for clients because attorneys in this area are familiar with the procedures relating to the Social Security Disability process, the human touch and special…

Social Security Disability: How Current is Current

Effective April 27, 2020, the Social Security Administration will no longer take into account a Claimant’s ability to effectively communicate in English when making a Social Security Disability determination. The original rules from 1978 were premised on the assumption that ‘‘it may be difficult for someone who does not speak and understand English to do a job, regardless of the…

Staff Spotlight: Tegan Couch

We recently asked our staff members some questions so that you could get to know them a bit better. Meet Tegan Couch! Q: What is your job title at Burton McKinnish?  A: Social Security Paralegal Q: What does your job entail?  A: Assisting with the Social Security files, keeping clients apprised of the progress of their claims, filing appeals, assisting with…

What Your Attorney Being a Board Certified Trial Specialist Means

Ethics rules in most states are strict when it comes to attorneys referring to themselves as a “specialist” or “specializing.”  What does it mean if your attorney is a board certified specialist.   In the age of social media and rampant attorney advertising, any attorney can bring in clients.  Often potential clients see a pop-up ad of their Facebook page…

Practice Tip: What does the Judge see?

Something interesting happened to me in one of my Social Security hearings this morning.  First, a little background in Social Security hearing procedures for those who are unfamiliar with how the Social Security Administration prepares a file for a disability hearing. The Social Security hearing office will gather medical records and scan these records into a computer file and the…

The Importance of Identifying past Relevant Work

Our firm recently was successful in U.S. District Court on a Social Security case where the Social Security judge misidentified the claimant’s past relevant work. In Social Security disability cases the burden is on the disabled person to prove that they can no longer perform their past relevant work. Once it is proven that a claimant can perform the past…

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