Social Security Disability Lawyer Articles

SSA Deletes Obesity Listing However, It Is Still An Impairment Which Must Be Considered

The Social Security Administration (SSA) deleted “Obesity” (“Listing 9.09”) from the Listings of medically disabling conditions, effective October 25, 1999. However, the SSA has added language to the Listings for musculoskeletal, respiratory and cardiovascular impairments stating that obesity is a “medically determinable impairment.” As such, the impairing effects of a claimant’s obesity must be considered … Read more

How Are Fibromyalgia and Chronic Fatigue Syndrome Proved Disabling In Social Security Cases?

“Fibromyalgia, Chronic Fatigue Syndrome, and Objective Medical Evidence Requirements …”was the subject of a memorandum from Social Security Deputy Commissioner, Susan M. Daniels, Ph. D., (“the Deputy Commissioner”) to a Social Security administrative law judge (ALJ) in May 1998. This memo has been widely circulated. The memo was in response to memoranda from the ALJ … Read more

Is Your Patient With Aching Joints Disabled Under The Social Security Listings?

This is the third in a series detailing how the Social Security “Listings” define certain types of disabling conditions. If your patient’s symptoms match or are equivalent to the criteria in the Listings, then your patient is “disabled” under Social Security law. Under the Listings for the musculoskeletal system, there are three categories of arthritic … Read more

Is Your Patient Disabled By A Mental Disorder?

The opinion of a treating physician on the mental status of a patient claiming Social Security disability benefits is considered “competent psychiatric evidence” in federal courts, even if the treating physician is not a board certified psychiatrist. This article reviews the criteria for “Mental Disorders” set forth in the Social Security Regulations “Listings of Impairments.” … Read more

Social Security Regulations List Disabling Spinal Conditions

The Social Security regulations list numerous conditions which render a person legally “disabled” for the purpose of receiving Social Security disability benefits. The conditions listed are collectively referred to as “the Listings.” In prior articles we have explained that a person is disabled if Social Security finds a condition which impairs ability to work to … Read more