Social Security Disability

 
Richard L. Group has practiced in the area of Social Security Disability for nearly 30 years (having represented clients in hundreds of Administrative Law Judge Hearings as well as appeals to the “Appeals Council” and the Federal Courts). Mr. Group began representing clients in Social Security Disability cases as a law student (at Temple University School of Law) where he represented low income claimants while working as a certified legal intern with the Temple Legal Aid Office. Upon passing the bar in 1985, he began representing claimants in Social Security cases in private practice. From 1989 through 1999, he was an associate at the litigation firm of Marks, Feiner & Fridkin, located in Philadelphia and Cherry Hill, New Jersey (concentrating in plaintiff’s personal injury litigation, Workers’ Compensation and disability claims before the Social Security Administration). Mr. Group was a “name” partner with the firm of Bross & Group, P.A., also located in Philadelphia and Cherry Hill, New Jersey from 1999 to 2013—disability was the predominant area of practice along with Workers’ Compensation and civil litigation. In addition to representing disability clients in all phases of their claims (from prior to filing their applications to their hearings before an Administrative Law Judge), Mr. Group headed the firm’s appellate practice, obtaining frequent victories in Social Security appeals from the “Appeals Council” and against the U.S. Attorney’s office, which represents the Social Security Administration in federal appeals.

One of Mr. Group’s accomplishments was a successful appeal to the United States Court of Appeals for the Third Circuit. The case involved a claimant whose primary medical impairment was injury to the lumbar spine (he had undergone three surgical procedures prior to the time of his hearing). Upon being denied disability by an Administrative Law Judge (ALJ), the case was ultimately appealed to the federal courts. The United States District Court, likewise, found in favor of the government and upheld the ALJ’s decision. An appeal followed to the Third Circuit Court of Appeals. After the submission of written briefs by the parties the Court issued an Opinion (written by the Honorable Michael Chertoff) and Order remanding the case to the Social Security Administration which after a second appeal to the Federal District Court, entered a “Fully Favorable Decision.” The favorable outcome in this case resulted in the payment of many years of past-due benefits to the client and his family as well as monthly disability benefits.

Mr. Group routinely appears for hearings at Social Security’s hearing offices in Pennsylvania, New Jersey and Delaware but can represent a client in a Social Security Disability case in any state. Since March 2013, Mr. Group has continued his professional pursuits as the Law Offices of Richard L. Group and as part of the Roxborough Law Office’s Legal Network of Attorneys.

Social Security Disability—What is the definition of “disability”, and what is the process of making a Disability Claim?

 
As a general matter, the definition of disability under the Social Security Act is an inability “to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.”

An individual shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work. For purposes of the preceding sentence (with respect to any individual), “work which exists in the national economy” means work which exists in significant numbers either in the region where such individual lives or in several regions of the country.

The Social Security Act defines “physical or mental impairment” as “an impairment that results from anatomical, physiological or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques.”

The determination as to whether or not an individual is disabled is made pursuant to a five step “sequential evaluation” process. Each of the steps have specific legal requirements. In order to be found disabled a disability claimant must prove:

1. The claimant is not engaging in “substantial gainful activity” (SGA); and

2. The claimant has a severe impairment; and

3. The impairment meets or “equals” one of the impairments described in Social Security’s “Listings of Impairments”; or

4. Considering the claimant’s “residual functional capacity” (RFC), that is, what the claimant can still do despite their impairments,
the claimant is unable to do “past relevant work” (PRW); and

5. Other work within the claimant’s RFC, considering age, education and work experience, does not exist in significant numbers in the national economy.

A failure of proof at any step (except step three) results in the termination of the process and a finding of not disabled.

The process of filing a disability claim is substantially the same in Pennsylvania, New Jersey and Delaware. Briefly, an individual files an application for disability benefits. This can be done in one of several ways but the client must file the application. An attorney can provide guidance and assistance but cannot file the application for you. Once the application is filed, the claimant is asked to complete forms that will allow the Social Security Administration to process the claim and obtain medical records. The Social Security Administration utilizes a state agency in each state to “develop” the medical portion of the case. Depending on the case, the claimant may be sent to one or more “consultative” medical examinations to obtain additional medical evidence. Ultimately, a review of the medical and other evidence results in a decision as to whether or not the individual
is disabled. If the decision is a denial, then an appeal must be filed to preserve the claim and to proceed further. In NJ and DE, the appeal is a “Request for Reconsideration” of which an additional review of evidence is undertaken and another decision is made—this step has been eliminated in PA. In PA and if the reconsideration decision is a denial, the appeal that is necessary is a “Request for Hearing.” Most cases go to a hearing before an Administrative Law Judge and that is the stage in the process where most of the cases are won.

To say that this is a complicated process is an understatement. It is important if not essential that a disability claimant retain a qualified and experienced attorney-representative as early as possible. It is crucial to have a representative guide the claimant through the process; review and assist with the completion of required forms and submit them to the Social Security Administration; obtain the medical and other evidence necessary to present the strongest possible case; and if a hearing is necessary, your case will be prepared and presented to an Administrative Law Judge.

For a free consultation, contact Mr. Group:

There is no fee unless you are awarded benefits in which case attorney fees are paid from past-due benefits that are owed to the client.

You will speak to Mr. Group directly; not to a secretary, “paralegal” or other staff person that you will typically speak with when you call most of the other firms who practice in this very specialized area of legal practice. Other firms that employ expensive advertising campaigns depend on a high volume of cases to pay their large advertising bills and overhead expenses. Mr. Group takes a personal interest in all his clients and is “hands on” with every case he takes on.

Telephone: (267) 888-6154

Facsimile: 1-800-507-2860

Email: RichardLGroupEsq@aol.com