Social Security Disability Firm

08/18/2026

“Assigned to an Examiner” Doesn’t Always Mean What You Think It Means

If you’ve applied for Social Security Disability in Florida, you may have received an email or portal update saying your case has been “assigned” to a disability examiner.

It’s easy to read that and think, “Great. Someone is working on my case now.”

Not necessarily.

We’ve heard from clients who saw an examiner’s name on their case, called the Division of Disability Determinations to check on the status, and were surprised to learn that their claim was still waiting in a queue.

So what’s going on?

The answer is that “assigned” can refer to where your claim is in the system, not necessarily to an examiner actively reviewing your medical records.

The online status information is generated as your claim moves through the system. A claim may show an examiner or an “assigned” status as part of that administrative process. When you call, however, the representative may be able to see additional information about whether the examiner has actually started working on the claim.

That difference can be confusing, especially when you’re already waiting months for an answer.

If your claim shows that it has been assigned, it generally means your application is moving through the disability determination process. It does not necessarily mean that a decision is right around the corner.

In Florida, the wait at this stage can be lengthy, and estimates can change. It can also take longer if the examiner needs additional information, medical records, or forms such as an Activities of Daily Living questionnaire.

The best thing you can do while your claim is pending is to watch for requests from Social Security or the Division of Disability Determinations and respond as quickly and completely as you can. If you receive a form or request for information and aren’t sure what is being asked for, don’t ignore it. Getting the requested information back promptly can help prevent additional delays.

If you’ve received an “assigned to an examiner” notification and aren’t sure what it actually means, you don’t have to figure it out on your own. Our office can help you understand where your claim is in the process and what, if anything, you should be doing while you wait.

07/31/2026

Receiving a Government Disability Pension? You May Still Be Entitled to Social Security Disability Benefits

For many firefighters, police officers, teachers, first responders, military personnel, and other public employees, the path to disability benefits can be complicated.

You may have spent years serving your community or your country. You may have been injured on the job, developed a serious medical condition, or become unable to continue working for reasons completely unrelated to your employment. Perhaps you were approved for a disability pension through your city, county, state, public employer, or military retirement system.

At that point, many people understandably believe that the disability pension they are receiving is the only benefit available to them.

That assumption can be costly.

One of the questions I believe every person receiving a government disability pension should ask is this:

Have I also earned the right to apply for Social Security Disability Insurance benefits?

The answer is not always yes. But for some people, the answer may be yes, and they simply never thought to ask.

Your Government Disability Pension and Social Security Disability Are Two Different Programs

One of the most common misunderstandings we encounter involves the assumption that receiving a disability pension from a government employer somehow prevents a person from receiving Social Security Disability Insurance, commonly called SSDI.

That is not necessarily the case.

SSDI is a federal disability insurance program administered by the Social Security Administration. Eligibility generally depends on two fundamental questions. First, does the person have a medical condition that meets Social Security's definition of disability? Second, does the person have enough qualifying work history and insured status to be covered under the Social Security Disability Insurance program?

The fact that another government agency has determined that you are disabled does not automatically establish entitlement to SSDI. At the same time, the fact that you receive a government disability pension does not automatically disqualify you from applying for SSDI.

These are separate systems, with separate rules and separate definitions of disability.

A city may determine that a firefighter is permanently disabled from performing the duties of a firefighter. A county may approve a disability pension for a police officer who can no longer perform law enforcement duties. A school system may provide disability retirement benefits to a teacher who can no longer continue teaching. A military retirement system or other government program may determine that a service member is disabled.

Social Security asks a different question.

Under Social Security law, the issue is generally whether your medical condition prevents you from engaging in substantial gainful activity and is expected to last at least one year or result in death. Social Security also considers whether you have sufficient work credits and remain insured for disability benefits.

That distinction is extremely important.

A person can be considered disabled under one system and still need to independently establish disability under Social Security's rules.

But the reverse is also important.

Receiving a disability pension from a government employer does not, by itself, mean you should assume you cannot qualify for SSDI.

The WEP Repeal Changed an Important Part of the Equation

There is another reason this issue deserves renewed attention.

For many years, public employees who received pensions from employment that was not covered by Social Security faced potential reductions under the Windfall Elimination Provision, commonly known as WEP. The Government Pension Offset, or GPO, could also affect certain Social Security benefits based on a spouse's or former spouse's earnings record.

That changed with the Social Security Fairness Act.

On January 5, 2025, the Social Security Fairness Act was signed into law, repealing both WEP and GPO. The change applies to benefits payable for months after December 2023. Social Security has specifically identified teachers, firefighters, and police officers among the groups who may be affected by this change.

In practical terms, this means that the old concern that a public pension would automatically result in a reduction of Social Security benefits under WEP is no longer applicable to benefits payable for January 2024 and later.

That is a significant development for public employees.

But it is important to understand what the law did and did not change.

The repeal of WEP did not create a new entitlement to SSDI.

It did not eliminate Social Security's medical requirements.

It did not eliminate the requirement that a person have sufficient work history for SSDI.

What it did was remove an important federal reduction provision that previously affected certain Social Security benefits for people who also received pensions based on non-covered government employment.

For someone who has been told for years that a government pension would reduce or eliminate their Social Security benefits, the law has fundamentally changed the landscape.

That is one more reason to revisit the question of whether you may be entitled to Social Security benefits.

First Responders Should Pay Particular Attention

Firefighters, police officers, emergency medical personnel, corrections officers, and other first responders often have unique disability retirement systems.

These systems can provide important protection when someone is no longer physically or mentally capable of performing the demanding duties of the job.

But a disability pension from a city, county, or other public employer is not necessarily the end of the conversation.

Many first responders have worked outside of their public employment at some point during their careers. Some worked private-sector jobs before entering public service. Some worked second jobs. Some changed careers. Some may have had years of employment in which Social Security taxes were withheld from their paychecks.

Those years of covered employment may be relevant to Social Security Disability Insurance eligibility.

The same is true for someone who became disabled while working in a public safety position but had accumulated a substantial history of Social Security-covered employment before that time.

The important point is that your employment history should be examined as a whole.

Do not assume that because you receive a firefighter or police disability pension, you have no Social Security rights.

Do not assume that because your disability was accepted by a pension board, Social Security will automatically approve you either.

And do not assume that because someone once told you a government pension would reduce your Social Security benefits, that advice is still accurate under current law.

The rules have changed.

Teachers and Other Public Employees May Be in the Same Position

Teachers are another group that should take a close look at their potential Social Security eligibility.

Depending on the state and the particular school system, teachers may have spent part or all of their careers in employment that was not covered by Social Security. Others may have Social Security-covered employment before, after, or alongside their public employment.

A teacher who becomes disabled and receives a state or local disability retirement benefit may therefore have a Social Security work history that deserves examination.

The question is not simply, "Do you receive a teacher's pension?"

The better questions are:

How many years did you work in Social Security-covered employment?

Were Social Security taxes withheld from your earnings?

When did your disability begin?

Were you still insured for SSDI when you became disabled?

Does your medical condition meet Social Security's definition of disability?

And what does your complete work history show?

These questions can make the difference between assuming there is no claim and discovering that an application may be worth pursuing.

Law Enforcement Officers Should Not Overlook Their Social Security Work History

Police officers and other law enforcement personnel frequently spend their careers in physically and psychologically demanding occupations.

Some become disabled because of an injury sustained in the line of duty. Others develop orthopedic conditions, neurological disorders, cardiac conditions, cancer, psychological conditions, or other impairments that eventually prevent them from continuing to work.

A law enforcement officer may qualify for a municipal or county disability pension and still have a separate question to answer regarding Social Security Disability Insurance.

The key is not simply where you worked when you became disabled.

The key is whether you meet Social Security's requirements based on your medical condition and your insured status.

This is especially important for people who have worked in both public and private employment during their careers.

Your Social Security earnings record may contain years of work that you have completely forgotten about.

Those years may matter.

Military Personnel and Veterans Should Understand That SSDI Is Separate From VA Benefits

Members of the military and veterans can also overlook Social Security Disability Insurance.

VA disability benefits and SSDI are separate programs with different eligibility requirements.

A VA disability rating does not automatically entitle someone to SSDI. Likewise, a person who is receiving VA benefits should not automatically assume that SSDI is unavailable to them.

Social Security evaluates disability under its own rules.

For some service members and veterans, the medical conditions that resulted in VA benefits may also be relevant to a Social Security disability claim. For others, the disabling condition may have developed or worsened after military service.

The important point is that the two programs should not be confused with one another.

If you have a substantial work history and a medical condition that prevents you from maintaining substantial gainful employment, it may be worth examining whether you also have an SSDI claim.

Social Security has also recognized special procedures for certain wounded warriors and service members, including expedited processing in qualifying circumstances.

The Most Important Question May Be When You Became Disabled

One of the most important issues in any SSDI case is timing.

People often wait too long because they believe their pension or other disability benefit means they have already taken care of everything.

But SSDI eligibility can depend on whether you were insured for disability benefits when you became unable to work.

That means the date your disability began can become extremely important.

A person may have worked for many years, paid Social Security taxes, and then spent several years receiving a government disability pension. If the person waits too long before investigating SSDI eligibility, the passage of time can potentially create complications concerning insured status.

This is one reason why someone who becomes disabled should not simply assume that receiving a pension means there is nothing else to consider.

The sooner the issue is examined, the better.

You May Have Earned More Than One Form of Disability Protection

Think of Social Security Disability Insurance as insurance that you may have been paying for throughout your working life.

Every paycheck from Social Security-covered employment may have included Social Security taxes. Those contributions help establish your eligibility for Social Security benefits, including disability benefits, when the requirements are met.

You may have also earned a pension through your public employment.

These are not necessarily mutually exclusive sources of protection.

Your city or county pension may be based on your years of public service.

Your Social Security Disability Insurance claim may be based on your Social Security-covered work history and your inability to perform substantial gainful activity because of a disabling medical condition.

They are different programs.

The fact that you successfully obtained one benefit does not necessarily answer the question of whether you may qualify for another.

Do Not Leave Benefits on the Table Simply Because You Did Not Know to Ask

In our experience, many people who contact a disability law firm are surprised to learn that they may have another potential source of benefits that they had never considered.

We hear from first responders, firefighters, police officers, teachers, military personnel, and other public employees who are already receiving some form of disability pension.

They often say the same thing:

"I didn't know I could apply for Social Security Disability."

That is precisely why this conversation is important.

No one should assume that receiving a local, county, state, or federal disability pension automatically means they have no possible claim for Social Security Disability Insurance.

At the same time, no one should assume that receiving a pension guarantees an SSDI award.

The only way to know whether you may qualify is to look at your individual circumstances, including your medical condition, your work history, your Social Security earnings record, your date of disability, and your insured status.

The repeal of WEP and GPO has also removed an important source of confusion for many public employees who previously worried that a government pension would reduce their Social Security benefits.

The rules are different today.

If you are a firefighter, police officer, first responder, teacher, military service member, veteran, or other public employee who became disabled and is receiving a disability pension, it may be time to take another look at your Social Security rights.

You may have earned those benefits through years of work and Social Security tax contributions.

The question is not whether you already receive one disability benefit.

The question is whether you may also be entitled to another.

Before assuming that your government disability pension is the only benefit available to you, have your Social Security eligibility reviewed. You may be leaving benefits on the table simply because no one ever told you to ask the question.

02/20/2026

Understanding Social Security Disability Hearings and Judge Approval Rates

For many people pursuing Social Security Disability benefits, the process is long, technical, and emotionally exhausting. Most applicants begin with an initial application and are denied. They request reconsideration and are often denied again. Eventually, they request a hearing before an Administrative Law Judge.

Reaching the hearing level can feel intimidating, especially for individuals who have handled their case on their own. It can become even more stressful when a claimant looks up the judge assigned to the case and sees an approval rate that appears low. Numbers such as 15 percent
or 30 percent can cause understandable anxiety.

Before drawing conclusions, it is important to understand what those numbers mean, and what they do not mean.

The National Approval Rate at the Hearing Level

At the hearing level, approval rates are generally higher than at the earlier stages of the process. Nationally, Administrative Law Judges approve roughly half of the cases they hear, often ranging between approximately 50 percent and the upper 50 percent range, depending on the year.

By comparison, initial application approval rates are typically much lower, and reconsideration approvals are often even more limited. The hearing stage is frequently the first time a claimant has the opportunity to fully present medical evidence, testimony, and legal argument before a decision maker.

This context matters. A denial at the earlier stages does not necessarily reflect the strength of a case. It reflects how the system is structured.

Why Judge Approval Rates Vary So Widely

One of the most confusing aspects of the hearing process is the variability among judges. Some judges approve a large majority of cases. Others approve far fewer. In large metropolitan hearing offices, including offices in Miami and throughout South Florida, individual judges can differ significantly even though the office’s overall approval rate may be close to the national average.

There are several reasons for this variability.

First, judges may receive different types of cases. Some judges may be assigned a higher concentration of complex or marginal cases. Second, approval rates fluctuate over time and may reflect a particular year rather than a long term pattern. Third, the quality of case preparation varies widely. A well documented, thoroughly prepared case looks very different from a file that lacks updated medical records, treating physician opinions, or a clear legal theory.

An approval percentage is a statistical snapshot.
It is not a prediction of your outcome.

A Low Approval Rate Does Not Mean You Will Lose

It is natural to feel discouraged if you see that your assigned judge has a lower than average approval rate. However, a strong case supported by objective medical evidence, consistent treatment records, and credible testimony can succeed before any judge.

Judges are required to apply federal regulations. They must evaluate medical evidence, consider functional limitations, and determine whether a claimant can sustain competitive work activity. When a case clearly meets the legal standard, it can be approved regardless of historical statistics.

The key question is not, “What is this judge’s percentage?” The key question is, “Does the medical evidence in my file clearly demonstrate disability under Social Security’s rules?”

Why Going to a Hearing Without Representation
Is Risky

Many people begin the disability process on their own. That is understandable. The forms can appear straightforward at first. However, the hearing level is a different stage entirely.

A hearing involves legal standards, evidentiary rules, vocational expert testimony, and detailed analysis of medical records.

Preparing for a hearing requires identifying missing evidence, obtaining functional assessments from treating physicians, addressing weaknesses in the file, and presenting a coherent legal theory that fits within the Social Security regulations.

Attempting to handle a hearing alone is similar
to a professional trying to perform a complex procedure on himself. It may be technically possible, but it is rarely advisable.

Representation brings experience, structure, and strategic preparation that can make a meaningful difference.

Data and practical experience consistently show that claimants with representation are more likely to be approved at the hearing level than those who appear without assistance.

A Calm and Constructive Approach

If you have reached the hearing stage, that
means your case has moved forward. If you
are concerned about the judge assigned to you,
take a breath. Statistics alone do not decide cases. Evidence does.

Focus on strengthening your file. Ensure your treatment is consistent. Speak with your doctors about documenting your limitations. Make sure your medical records accurately reflect the severity of your condition. Preparation and clarity are far more powerful than fear of a number on a chart.

A Thoughtful Next Step

If you are preparing for a hearing and feel uncertain about your case, you do not have to navigate this stage alone. A careful review of your medical records, an honest evaluation of strengths and weaknesses, and a strategic plan tailored to the assigned judge and hearing office can significantly reduce anxiety and improve readiness.

Our firm has spent decades guiding individuals through this process. We can audit your medical evidence, assess how it aligns with Social Security’s standards, and help you present the strongest possible case.

You have worked hard to get this far. Before stepping into a hearing on your own, consider speaking with experienced counsel who understands both the law and the practical realities of the system. A brief evaluation can provide clarity, direction, and peace of mind.

You deserve a fair presentation of your case. We are here to help you make that happen.

Christopher Pinger-Borgia
Social Security Disability Firm
Dave Gottesmann

02/06/2026

Continuing Disability Reviews (CDRs) in Florida: What SSDI Recipients Should Know

02/03/2026

Continuing Disability Reviews (CDRs) in Florida: What Long-Term Disability Recipients Need to Know

Many people receiving Social Security Disability Insurance (SSDI) in Miami, Fort Lauderdale, South Florida, and across the state of Florida are surprised to learn that their disability benefits can still be reviewed; sometimes after a decade or more of uninterrupted payments.

When a Continuing Disability Review (CDR) notice arrives, the reaction is often immediate anxiety.

This article is intended to provide clear, accurate public education about CDRs: what they are, why they happen, and how Florida disability beneficiaries can protect themselves without panic or misinformation.

What Is a Continuing Disability Review (CDR)?

A Continuing Disability Review, commonly called
a CDR, is a routine process used by the Social Security Administration to determine whether a person continues to meet the federal definition of disability.

A CDR is not:

- A fraud investigation
- An accusation of wrongdoing
- A penalty for receiving benefits

It is an administrative review required by federal law and applies to disability recipients throughout Florida and the United States, regardless of how long they have been on benefits.

Why Are People Reviewed After 5, 10, or 15 Years on SSDI?

Social Security does not base CDRs on how long someone has received benefits. Reviews are scheduled based primarily on the medical nature of the impairment, using internal review “diaries.”

Medical conditions are generally classified as:

- Expected to improve
- Possibly able to improve
- Not expected to improve

Even in the most severe category, reviews can still occur—just less frequently.

In recent years, including throughout South Florida, many scheduled reviews were delayed
due to pandemic disruptions and staffing shortages. As those backlogs clear, some beneficiaries are now receiving reviews later
than anticipated, which can make the process
feel sudden or arbitrary.

It is neither.

Mental Health vs. Physical Disabilities:
Why Outcomes Can Differ

One of the most important—and least understood—distinctions in CDR cases involves the type of impairment.

Mental Health Conditions

This includes depression, bipolar disorder, PTSD, anxiety disorders, schizophrenia, and related conditions.

Mental health cases are often more vulnerable during CDRs because Social Security relies heavily on treatment notes and provider language rather than objective testing.

Common chart phrases such as:

- “Doing well”
- “Mood stable”
- “Symptoms controlled”
- “Improved with treatment”

may unintentionally suggest improved work capacity, even when daily functioning remains limited.

Clinical stability does not equal the ability to sustain competitive employment, but that distinction must be clearly reflected in the
medical record.

Physical Impairments

Physical conditions—such as orthopedic injuries, neurological disorders, autoimmune diseases, or cardiac impairments—tend to rely more on objective evidence like imaging, exams, or laboratory findings.

These cases can still face problems during CDRs when:

- Medical records are outdated
- Treatment stopped due to “stability”
- Functional limitations are not clearly documented

A lack of recent evidence can be misinterpreted as improvement.

Best Practices for Florida Disability Beneficiaries

Receiving SSDI does not require constant vigilance, but some basic habits significantly reduce risk during a CDR.

Maintain ongoing medical care
Even when symptoms are stable, periodic treatment creates a record confirming continued limitations.

Ensure records reflect functional limitations. Social Security evaluates how a condition affects the ability to function consistently, not just the diagnosis itself.

Avoid minimizing symptoms in medical visits. Many long-term beneficiaries unintentionally downplay symptoms out of resilience or habit. Unfortunately, this can undermine later reviews.

Respond promptly to Social Security correspondence. Many benefit interruptions occur for procedural reasons rather than medical findings.

Understand that a CDR is not a decision
Most beneficiaries who respond fully and on
time continue receiving benefits.

A Common Misconception That Causes Harm

A frequent belief among long-term SSDI recipients in Florida is:

“If I was approved once, Social Security will always understand my situation.”

In reality, Social Security evaluates current documentation, not prior approvals.

This does not mean the system is hostile but it is impersonal. And impersonal systems require clarity rather than assumptions.

Final Thoughts for Disability Recipients in Florida

Whether you live in Miami-Dade County, Broward County, Palm Beach County, or elsewhere in Florida, a Continuing Disability Review is something to be informed about—not afraid of.

Preparation is not paranoia.
Stability is not recovery.
And a review notice does not mean benefits are about to end.

It simply means the system is functioning as designed, sometimes imperfectly, sometimes late, but predictably.

Public understanding reduces fear.
Clear information protects people.

Christopher Pinger-Borgia
Social Security Disability Firm
Dave Gottesmann

01/22/2026

https://www.linkedin.com/pulse/why-social-security-disability-approvals-being-after-david-gndwe?utm_source=share&utm_medium=member_ios&utm_campaign=share_via

Over the past year, we’ve seen a major shift in SSDI and SSI cases: More claims are being approved by DDS, then sent to SSA Quality Review — and later denied or delayed. After 25 years in this field, this level of reversal is not normal.

01/21/2026

Why Social Security Disability Approvals Are Being Overturned After DDS Approval

Understanding SSA Quality Review, Denials After Approval, and How to Protect Your Case

For more than two decades, our firm has represented individuals seeking Social Security Disability benefits. Over that time, we’ve seen policy shifts, procedural changes, staffing shortages, backlogs, and evolving interpretations of SSA rules.

But over the past year, we have observed a significant new trend that many disability claimants — and even some attorneys — do not fully understand:

> More Social Security disability cases are being approved by DDS, sent to SSA quality review, and then denied or delayed.

If you’ve been told your disability claim was approved only to later receive a denial or experience unexplained delays - you are not alone.

This article explains why this is happening, what SSA quality review really means, and how experienced legal representation can reduce the risk of reversal.

DDS Approval vs. Final Approval: Why Social Security Can Reverse a Decision

One of the most misunderstood aspects of the disability process is this:

A DDS approval is not a final Social Security decision.

Under SSA regulations, many favorable disability determinations must go through pre-effectuation quality review before benefits are paid.

Until that review is completed:

No benefits are issued

No entitlement is final

The decision can be affirmed, returned, or reversed

This has always been part of the system
but the frequency and intensity of these reviews have changed dramatically.

What Is SSA Quality Review and Why Is It Increasing in 2025?

SSA quality review (also called federal quality assurance or DQB review) exists to ensure that DDS decisions comply with:

Social Security regulations

Social Security Rulings (SSRs)

POMS (Program Operations Manual System)

Federal consistency and accuracy standards

What We Are Seeing More Often

In 2024–2025, our firm has seen:

A sharp increase in favorable cases are being sent to quality review

More aggressive scrutiny of approvals

A higher rate of decisions being overturned or returned

Delays caused by repeated technical reviews

This is not theory — it is based on real, repeated case outcomes.

Why Social Security Disability Claims Are Denied After Being Approved

Many claimants ask:

> “If I’m disabled, how can SSA deny me after approving my case?”

The answer is critical:

Quality review does not reassess disability; it reassesses compliance.

Common reasons quality review overturns approvals include:

Inadequate explanation of RFC findings

Missing or poorly developed medical opinions

Weak or unclear onset date justification

Inconsistencies between medical evidence and conclusions

Insufficient vocational analysis

In many cases, the claimant is disabled but the file does not meet current federal documentation standards.

Why Experienced Social Security Disability Lawyers and Certified Representatives Matter More Than Ever

In the past, many claimants could win benefits with minimal guidance.

That is no longer the reality.

SSA quality review now demands:

Technical precision

Policy-accurate reasoning

Anticipation of federal reviewer scrutiny

How Our Firm Builds Cases That Survive Quality Review

We approach every case with quality review in mind from the beginning by:

Developing complete, policy-compliant medical records

Anticipating federal reviewer objections

Properly framing RFC and medical opinions

Addressing onset, work history, and vocational issues proactively

Avoiding technical errors that trigger reversals

Our goal is not just approval; our goal is approval that withstands SSA quality review.

Can SSA Quality Review Be Avoided?

No. Some level of quality review is mandatory.

However, reversal is not inevitable.

Cases that are:

Thoroughly documented

Clearly reasoned

Consistent with SSA policy, and

Built with quality review in mind are far more likely to be affirmed rather than overturned.

What To Do If Your Disability Claim Is Delayed or Denied After Approval

If your claim has been:

Approved and then denied

Stuck in quality review

Delayed without explanation

You should understand:

This does not mean SSA believes you committed fraud

It does not mean you are not disabled

It often means the file failed a technical review

This is exactly where experienced legal strategy makes the difference.

Our Commitment: Staying Ahead of SSA Policy Changes

Social Security disability rulesand regulationd are not static. Policies evolve, enforcement priorities shift and quality standards change.

Our firm:

Tracks SSA procedural changes in real time

Adjusts case strategy proactively

Builds records designed to survive federal scrutiny

> We don’t rely on how the system used to work. We prepare for how it works now.

Final Thoughts: Winning Your Disability Case in Today’s SSA Environment

SSA quality review has become one of the biggest hidden obstacles in disability claims today.

Understanding it and preparing for it can mean the difference between:

A lasting approval

Or a devastating reversal

If you are pursuing Social Security Disability benefits in today’s environment, informed representation is no longer optional.

If you have questions about:

SSA quality review delays

A disability approval that was reversed

Or how to protect your claim

Our firm is available to evaluate your case and explain your options.