Tag Archives | Social Security Disability Attorney Denver

RMDLG and Whitcomb Law are specialized Social Security disability attorneys in Denver, Colorado.  We can help during your disability hearing and the appeal.

Prior Claim Social Security

Can I Appeal the Social Security ALJ’s Decision Not to Reopen a Prior Claim?

Applying the Doctrine of Res Judicata in Reopening a Social Security Prior Claim I have on a small number of occasions been faced with the doctrine of Res Judicata and Administrative Finality in dealing with the question of whether I could reopen a prior claim.  It is fairly common knowledge that an ALJ has discretion to reopen a prior […]

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failure to follow prescribed treatment-SSDI claim

Failure to Follow Prescribed Treatment-Social Security Appeal

What happens to my Social Security appeal if you fail to follow prescribed treatment? Social Security Ruling 82-59 As a Social Security disability attorney, I find myself faced with instances when an ALJ denies my client disability benefits after a hearing, because he or she found that the claimant failed to follow prescribed treatment.  In […]

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transferable skills

Social Security-Transferable Skills

Social Security Disability Five Step Sequential Evaluation-Transferable Skills If you are over (or nearly over) age 50 and cannot do your past work, the judge may need to determine whether you developed transferable skills while working that would transfer to other jobs. To make this determination, the judge will seek the help of an expert […]

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Past relevant work

ALJ cannot consider past relevant work performed under special conditions

The ALJ erred in returning claimant to past relevant work performed under special conditions. “When the SSA determines whether an individual is disabled for SSDI purposes, it does not take the possibility of ‘reasonable accommodation’ into account, nor need an applicant refer to the possibility of reasonable accommodation when she applies for SSDI. See Memorandum […]

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residual functional capacity

Residual Functional Capacity Assessment Must be Based on "Material Evidence"

Following is an argument I made in a federal district court case I won: ALJ’s Residual Functional Capacity Assessment Was Not Based on Material Evidence. Put in the simplest terms, the ALJ’s residual functional capacity assessment was not based on any medical opinion in the record.  In fact, the ALJ systematically rejected all of the […]

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Created by Joe Whitcomb, Esq.

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