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…
As we draft blogs for our website, our attorneys attempt to identify practical, real life issues, that our clients are experiencing so that we can help others who may find themselves in similar situations. Within recent weeks, I have had the opportunity to meet several East Tennesseans who were injured at work. Of these individuals,…
Step Two (for Step One see previous blog) The Social Security Administration evaluates claims using a Five-Step Sequential Evaluation. The first step is – are you, the Claimant, substantially gainfully employed or are you unable to work at what we the Social Security considers “SGA”? The second step of the evaluation asks the following question…
Step One Many people use the term “disability“ in broad strokes. Some people are referring to private long-term disability benefits secured through private, non-government insurance companies. These benefits are the result of years of either an individual or a company on behalf of an individual, paying into long-term disability policies which would offer protection if…
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,…
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…
Potential clients, even friends and family often ask – do I need an attorney to obtain disability benefits? To answer this question I like to make the analogy of a dentist and having a tooth pulled. You don’t need a dentist to remove a tooth but the process probably goes a lot smoother with a…
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…
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…
There was an interesting case out of Michigan last week that could potentially affect Social Security disability applicants in Tennessee. The case is Blankenship vs. Commissioner of Social Security. Blankenship applied for disability in 2002 claiming she was unable to work due to impairments with her feet. She appeared before a Social Security Judge in…
