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Why is my neighbor on disability benefits, but SSA keeps denying my case?

Why Hasn’t SSA Granted Your Case? At Cannon Disability Law, we hear a version of this question every day. People look at their neighbors and believe they should not be receiving disability benefits. They also believe they should get benefits and can’t understand why the SSA denied their case. If you are asking yourself a similar… Read More »

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5th Circuit finds Bankruptcy Court has jurisdiction to hear SSA overpayment case

The 5th Circuit, in Benjamin v. United States of America, (5th Circuit 07/26/2019), has ruled that the Bankruptcy Court has jurisdiction to hear a representative payee’s overpayment case. Benjamin, the plaintiff was the representative payee of his sister’s monthly disability benefits.  His sister returned to work and the SSA, in September 2013, determined she was no… Read More »

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Type 1 diabetes, education and disability rights

Millions of adults have Type 2 Diabetes or millions more are pre-diabetic. Diabetes can be due to lifestyle issues, such as being overweight and diet, but it can also be due to genetic factors. What many people don’t know is that there is another form of Diabetes called Diabetes Type 1, which is most… Read More »

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Coal Workers Pneumoconiosis And Disability Benefits

If you have worked in the mines, you have occupational exposure to coal dust. Exposure to coal dust over a prolonged period of time can result in a miner having Coal Workers’ Pneumoconiosis (CWP). The disease can be terms as simple coal workers’ pneumoconiosis and complicated coal worker’s pneumoconiosis; the difference being the severity… Read More »

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Marfan’s Syndrome And Disability Benefits

You can obtain disability for Marfan’s syndrome. Marfan syndrome is a genetic connective tissue disorder that affects multiple body systems, including the skeleton, eyes, heart, blood vessels, nervous system, skin, and lungs. There is no specific laboratory test to diagnose Marfan syndrome. The diagnosis is usually made by your medical history, including family history, physical examination,… Read More »

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SSA Provides New Guidance On Obesity As A Disabling Impairment With Social Security Ruling 19-2p

The SSA issued Social Security Ruling 19-2p this year, rescinding and replacing SSR 02-1p, that was previously used to evaluate obesity as a disabling impairment.  SSR 19-2p states that “obesity,” when established by objective medical evidence (signs, laboratory findings, or both) from an acceptable medical source (AMS), is a medically determinable impairment (MDI). People with… Read More »

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Smith V. Berryhill – U.S. Supreme Court Reverses SSA’s Policy

On May 28, 2019, the U.S Supreme Court issued a unanimous decision in Smith v. Berryhill, 587 U.S. ____ (2019), reversing the Sixth Circuit’s judgment, holding that an Appeals Council’s dismissal of “a request for review as untimely after a claimant has obtained a hearing from an ALJ on the merits… qualifies as a ‘final… Read More »

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What Information Does My Attorney Need To Help Me Win My Disability Case?

Your disability case is only as good as the evidence that you provide to your attorney. Many people believe that an attorney can win a case simply by presenting the case to a Judge, but that is not true. When an attorney presents your case in court, all of the arguments must be supported… Read More »

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The 5 Day Rule – Evidence Submission Rules In Social Security Disability Hearings

Even though Social Security Disability hearings are administrative hearings and the normal rules of evidence do not apply, there are still rules and regulations that the SSA has issued which must be followed.  After May 1, 2017, the SSA issued a regulation, 20 C.F.R. § 405.331, which states that you should submit any written evidence to the… Read More »

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What Questions Will The Judge Ask At My Hearing?

You are the witness at your Social Security Disability hearing. The Judge is going to be asking you specific questions about your background and your disability.  If you have an attorney, your attorney should also be asking you questions. You may be asking yourself, what will I be asked? How do I know what… Read More »

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