Unanimous Decision by SCOTUS in Culbertson v. Berryhill

The US Supreme Court (SCOTUS) just published its opinion in the case of Culbertson v. Berryhill. SCOTUS held that attorneys representing social security disability claimants before the Federal Court are entitled to petition for fees IN ADDITION TO the fees awarded for representation before the agency. Fees for work performed at the agency level are…

New Medicare Set Aside Reference Guide 2.9

Our friends at the Centers for Medicare and Medicaid Services (CMS) have issued Version 2.9 of the Workers’ Compensation Medicare Set Aside (WCMSA) Reference Guide. CMS issues these Guides routinely, but some updates are more important than others. This update provides new information related to spinal cord stimulators, and the use of Lyrica, neither of…

An Administrative Law Judge is not a doctor.

The 7th Circuit recently reminded Administrative Law Judges (ALJs) at the Social Security Administration that they are not allowed to play doctor when it comes to determining whether or not a claimant is disabled. In the case of McHenry v. Berryhill, No. 18–1691, the court found that an ALJ had compared MRI test results with…