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Medical Issues

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits are payable to claimants who can demonstrate and document a medically determinable physical or mental impairment(s) that prevents them from engaging in substantial gainful activity. The first inquiry, therefore, in proving a disability case focuses on evaluating the medical evidence. In order to better understand medical terminology, testing, and overall medical evidence, this section includes articles and links to information on a variety of medical conditions. In addition, subsections include proposed and final changes to SSA’s Listing of Impairments, links to medical websites, and information on other advocacy resources in the Medicaid and Medicare areas Empire Justice Center Health Page/NY Health Access Page).


Session Wrap 2017: New Legislation to Enforce Medical Records Access Rules
A.7842 (Gottfried)/S.6078 (Valesky) will ensure free access to medical records for those applying for Social security and Medicaid benefits, as well as some veteran’s benefits. Read More

Requesting Correctional Facilities Records
Advocates face endless challenges requesting medical records to support their clients’ disability claims, and complying with the Social Security Administration’s “all evidence rules.” Read More

New Mental Impairment Listing Issued
Six years, a new version of the Diagnostic and Statistical Manual (DSM), and 2,245 public comments later, the Social Security Administration (SSA) has published significant revisions to its mental impairment listings. Read More

Medical Issues: Articles


Disability Law News - October 2017 Issue
The Disability Law News is a quarterly newsletter published for DAP Advocates. In this issue, we discuss the newly amended NYS Public Health Law Sections 17 & 18, and Mental Hygiene Law Section 33.16 that ensures free access to medical records for government benefits applications. Be sure to check out the newest regulations, administrative decisions and court decisions as well. Read More

Disability Law News - June 2016 Issue
The Disability Law News is a quarterly newsletter published for DAP Advocates. This issue will look at the expansion of the Federal student loan discharge procedures and will discuss the remand order in Evans v. Colvin. This issue is full of new regulations and an Administrative decisions that resulted in large retroactive benefits. Read More


The Hip Bone is Connected to the Back Bone: Understanding Musculoskeletal Impairments and "Dem Bones"
A medical practitioner familiar with Social Security Administration's (SSA) listings discusses the musculoskeletal impairments listing. An experienced Social Security attorney will facilitate the presentation so that participants will better understand the type of medical evidence they will be reviewing and should be developing in cases of musculoskeletal impairments. A hypothetical case scenario of a young adult (18-25 years old) with musculoskeletal and mental impairments who has been denied SSI will be used to demonstrate strategies for arguing that a claim meets or equals the listing. Read More

How to Prove the Hip Bone/Back Bone Connection: Medical Issues in Disability Cases
A panel of experienced attorneys discuss issues related to medical evidence, including preparation and use of forms, value of evidence from non-acceptable medical sources (SSR 06-3p), applicability of HALLEX provisions, problems with getting medical records and subpoenas, dealing with consultative examiner (CE) opinions, and electronic medical records. Read More