Saturday, April 29, 2017
Note the "abuse of discretion standard" and the "good cause" requirement for "new and material evidence."
Posted by The Scribe at 10:11 AM
Thursday, April 27, 2017
Thursday, April 20, 2017
Social Security Disability: what happens when either a SSI or SSDI claim wasn't filed, and there's still time before the hearing?
Sometimes claimants have not filed both SSI and SSDI claims. This can be significant if the date last insured is before the date of disability. For example, let's say a SSDI claim is pending, but the date last insured is December 31, 2007. However, claimant doesn't have evidence proving disability before 2015, and there's no SSI claim pending. This means claimant would be out of luck if no SSI claim were pending. BUT, if claimant files a SSI claim before the hearing--even if it is on the eve of hearing--the SSI claim will be be "pending," and it can be considered at that point. This can make all the difference in the world between winning and losing certainly in this limited hypothetical and in other situations.
For more information on Social Security Disability, visit the Social Security Disability claims website operated by the Social Security Administration.
Posted by The Scribe at 10:52 AM
Monday, April 17, 2017
Lawyers need to put themselves out there and meet other people. Most referral sources come from relationships. People have to know you to learn to respect you. That's how your name gets out, and then, if you do a good job, your name gets out there in a positive way.. So don't push people away.
Posted by The Scribe at 5:20 PM
Wednesday, April 12, 2017
Tuesday, April 11, 2017
Monday, April 10, 2017
Thursday, April 6, 2017
The Republican led Senate is using the so-called "nuclear option" to thwart the Democrat's filibuster of Trump Supreme Court Nominee Neil Gorsuch. This involved amending Senate rules, which require a 60 vote majority to invoke "cloture," which would halt a filibuster and allow for a vote. Now the filibuster will end, and Gorsuch can be confirmed with a bare majority of 51 votes or, in a 50-50 tie, the Vice President would break the tie.
Democrats used a similar tactic while George W. Bush was president, and the Republicans used the filibuster to block lower court judicial nominees.
When Gorsuch is confirmed, the Republicans will control all three branches of government.
Posted by The Scribe at 2:10 PM