Useful Representative Resources

TOPICS

Attorney Fees & EAJA

Smith v. Astrue, Slip Copy, 2012 WL 294963

Medical Opinion Evidence

Regional Chief ALJ John P. Costello, Consideration of Single Decision maker (SDM) Residual Functional Capacity Assessments and Other Findings –REVISED.” (September 14, 2010).

• For the proposition that an ALJ should not consider SDM RFC assessment forms and other findings as opinion evidence, and must not evaluate them in their decisions.

Chief ALJ Frank A. Cristaudo, “Evaluation of Single Decision maker Residual Functional Capacity Assessments –REMINDER.” (May 19, 2010).

• For the proposition that an ALJ should not grant ANY evidentiary weight to non-acceptable medical source opinions offered at the initial or reconsideration levels of the administrative process.

Unemployment Benefits

Chief ALJ Frank A. Cristaudo, “Receipt of Unemployment Insurance Benefits by Claimant Applying for Disability Insurance –REMINDER.” (August 9, 2010).

• For the proposition that that receipt of Unemployment Benefits is not necessarily inconsistent with an application for disability benefits.
• For the proposition that SSA policy does not require an adverse credibility finding solely because a Claimant has applied for or received Unemployment Benefits.