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New SSR on Chronic Fatigue Syndrome (CFS)

On April 3, 2014 Social Security published a new SSR on Chronic Fatigue Syndrome (CFS), SSR 14-1 p. This replaced the…

Melvin Cook

Continuing Disability Reviews for Children Under Age Eighteen: A Summary of Social Security Ruling (SSR) 05-03p

Social Security uses a three-step process in determining if a childhood disability continues. This is referred to as the medical…

Melvin Cook

Acronyms for Different Types of Disability Claims

There are basically two categories of disability claims; namely, Title II (Title 2 or DIB or SSDI) and Title XVI…

Melvin Cook

Effect of a Functional Ability to do Less than Sedentary Work in SSDI and SSI Cases

SSR 96-9p Summary and Commentary Adjudicators in social security disability and SSI cases have the responsibility to determine a claimant’s…

Melvin Cook

Utah’s “Fault” Alimony Statute

Utah has an interesting law regarding alimony found at Utah Code Section 30-3-5 (8)(b) through (d). It states as follows: (b)…

Melvin Cook

Unsuccessful Work Attempts (UWA) in Social Security Disability Cases: Social Security Ruling (SSR) 05-02p

In social security disability cases a person must be found “not disabled” if they are engaged in substantial gainful activity,…

Melvin Cook

The importance of a hearing in Social Security Disability and SSI cases

Disabled individuals who apply for social security disability and/or SSI benefits are entitled to a hearing by an Administrative Law…

Melvin Cook

Summary of the Process Unification Rulings in Social Security Disability and SSI Cases

SSR 96-1p: Clarifies that Social Security will follow their own interpretation of their agency policy even when a federal circuit…

Melvin Cook

Dividing Retirement Assets in Utah Divorce Cases

One of the seminal Utah cases for dividing marital assets in a divorce, specifically retirement assets, is Woodward v. Woodward, 656…

Melvin Cook

Disability decision making when claimant has worked in a declining industry: Social Security Ruling (SSR) 05-01c

In the 1990s a claimant, Ms. Pauline Thomas, applied for disability due to heart disease, back impairments and other medical conditions.…

Melvin Cook