In Utah when a person submits a Social Security Application a number of things typically happens. Many claimants are curious as to how the process works and what to expect. This is understandable however its important to realize that not all applications follow the same path. Ban Law Office PC helps applicants submit a disability application for Utah applicants and can be done on the internet at on the social security website. There are other ways to submit an application and for SSI this must done in other ways besides the internet application. After the application is submitted in Utah the Disability Determination Services uses the applicant’s medical release waiver to get medical records to help process a claim. Also in Utah the DDS will often schedule exams with doctors that contract with the Social Security Administration and the state to conduct Consultative Exams. These exams cover any number of impairments in the mental and physical general categories and help adjudicate the claims to help determine if an individual meets the definition of disability. The exams generally range in quality and thoroughness, but generally claimants should not rely on these exams as their sole or main source of evidence. The best strategy is to use the opinion and medical treatment evidence from your own treating physician. Its not entirely clear as to when or why these consultative exams are scheduled but ostensibly its in cases where the evidence available is not considered sufficient, but this shouldn’t be considered the only circumstance when they are scheduled.
Close to four years after filing this case it has reached a conclusion having received the bulk of records in dispute. Ban Law Office was happy to be a part of the effort. Kudos to Pat Shea and Dan Schroeder for all their hard work. For Immediate Release — 3 June 2011 Contact: Dan Schroeder,…
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One of the most pressing concerns for disability applicants is getting medical treatment and evidence to support their claims. Social Security Disability claimants in Utah often have difficulties getting this evidence since they are uninsured, are low income, or both. This clinic likely will not be able to provide all the necessary help for those…
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A forcefully worded opinion was recently issued by the Ninth Circuit in Veterans for Common Sense v. Shinseki. A very sad statistic seems to have raised the ire of Ninth Circuit Judges who noted that an average of 18 veterans commit suicide every day based on untreated mental illnesses. The court ordered the federal agency…
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The Court of Appeals of Veterans Claims (CAVC) is not an official federal court since they are Article I court under the U.S. Constitution. The difference is not huge although Article I judges do not get the lifetime tenure that Article III federal judges receive. The problem right now is that CAVC judges are…
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A VA compensation claim will only be successful if the evidence supporting it is strong. The objective and the goal for any Veteran is understanding how to obtain records that may not be immediately identifiable or available. Certainly under the previous regulatory scheme for PTSD claims the entire success of the claim was dependent upon…
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The most important federal law that ensures access to justice for those that are otherwise unable to afford legal services in actions versus the federal government is currently under attack–particularly in the U.S. House of Representatives. The Equal Access to Justice Act commonly referred to as the EAJA is used by many plaintiff attorneys in…
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It would appear that there is a strong correlation between the currently high unemployment rate and the number of Social Security Disability Applications the Administration is so high. The number of disability applications has reached more than 750,000 a quarter – an increase of more than 50% from 2006. Although it appears that a Social…
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Some of you may have been following the VA’s recent amendments relating to disabled Veterans who are going for PTSD Veterans benefits. These changes went into effect in the summer of 2010 and are quite revolutionary in a number of ways. Recently the National Organization of Veterans Advocates, NOVA of which I am a member…
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The decision to engage in work or even work type activity while applying for disability is interesting question that perhaps should involve consultation with a disability attorney. Many disability applicants have no alternative since they must rely on the income, on the other hand if one engages in work this could negatively impact the disability…
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