Proving You Are Disabled to the Social Security Administration

Admin — Tue, 12 Jan 2010 14:11:41 +0000

We see it too often in our Social Security Disability Law Practice. A potential client will contact us for the first time after their case has been lost before an Administrative Law Judge. When we ask why they did not use a lawyer to try their case the answers we almost always get is “my doctor said I was disabled and even wrote a letter,” or “I thought it was obvious from my records I was disabled”. Other times, we hear “I thought I couldn’t afford a lawyer. “ What these people did not understand, sadly, is that there is nothing obvious about Social Security Disability law. The regulations governing SSD, SSDI and SSI are very complex, even for lawyers who devote their entire practice to this area of the law. Here are some things to keep in mind that will help prove your disability to the Social Security Administration: 1. Hire a lawyer with extensive experience in Social Security Disability law. This seems obvious. . . because it is. Attorney fees in social security disability cases are only paid if you win. The lawyer receives a percentage of the back benefits up to $5,300. 00. The average attorney fees are much less. With the fees being so small compared to what is at stake, why would anyone try to go it alone? For information as to what you should look for in a Social Security disability lawyer. 2. See your doctor regularly, even if you don’t have medical insurance. I know, seeing a doctor can be very expensive, but regular treatment is critical to proving your case. 3. Document your disability impairments, symptoms and limitations with your doctor and be specific. When a doctor writes in his record “Mr. Smith is disabled” it is not very useful. On the other hand, when the doctor writes “Mr. Smith cannot sit or stand for more than 20 minutes at a time because of severe pain” or “Mr. Smith has shortness of breath and chest pain on even minor exertion”, we have much more to talk about with a social security judge. These simple steps will greatly improve your chances of being awarded the social security disability benefits to which you entitled. If you’ve applied for social security disability benefits and haven’t been able to get your disability recognized, it’s not too late to bring a Social Security disability attorney on board now. Your next step will be to file a Request for Reconsideration, which must be filed within 60 days. Since the same committee that made the first decision makes the second, the odds are high that your application will be denied again. In that case, your social security disability law attorney will be able to help you plan a case that will be presented to the Administrative Law Judge. Rather than relying on the previous decisions, the Administrative Law Judge will examine the evidence, listen to the expert opinions of your doctors and psychologists and then make a decision. This is the sole part of the process that you are actually able to speak and be seen by the judge. Sometimes, the judge retains an additional medical expert to review your history and records and offer an opinion, as well as a vocational expert. The vocational expert will assess your employment background, education and skills, and physical limitations, and then make an assessment on your ability to hold a full-time job. The complexity of a social security disability benefits case can not be under-estimated, which is why it’s very important to work with an attorney who specializes in the field.

St. Louis Social Security Disability Lawyer Discusses Tips on Preparing for Your Hearing

Admin — Wed, 23 Dec 2009 14:14:23 +0000

Our office has been working with “Social Security Claimants” for over two decades. Most Social Security applicants don’t understand what is involved in successfully presenting their case in front of an administrative law judge. First, it is important to understand that it is normally not enough to prove that you can’t work at your last job. Instead you must prove that you have a “medically determinable disability” which prevents you from engaging in any “substantial gainful employment”. The word “substantial” is important because you can earn a small amount of wages and still be eligible for disability benefits. The amount is set by the Social Security Administration and can change from time to time. If you are already engaging in substantial employment, then you are not eligible to obtain disability benefits. Secondly, there are regulations which Social security attorneys refer to as “the Grid”. The Social Security Administration recognizes different standards for claimants of different ages, levels of education and work backgrounds. Once the appropriate standards are determined, an attorney can determine whether the medical records are adequate to support the claim for disability. If not, an attorney may pose specific questions to a claimant’s treating doctor(s). Thirdly, it is important for an attorney to help his client quantify his complaints in a specific manner. A claimant may be asked, “How much can you lift”. A bad answer would be “not very much”. An answer like this doesn’t help to describe the claimant’s limitations. It should be noted that Social Security judges refer to something called “The Dictionary of Occupational Titles” for job information. This source describes the exertional requirements of all classified jobs which exist in the national economy. It is up to the claimant’s attorney to prove that his client can’t perform any substantial work for which he is qualified. In addition, “Social Security Judges” will often bring “vocational rehabilitation counselors” into a hearing in order to get clarifications as to the claimant’s “work background”, “work restrictions” and the requirements of various jobs. An attorney must be prepared to effectively challenge the vocational counselor’s testimony through effective cross-examination. Finally, Social Security Hearings are informal and usually take about an hour, although they can vary in length, depending on the judge’s format and the complexity of the case. Your attorney will know the various judges at the “Downtown SSA Office” and the “Creve Coeur SSA Office”. Be sure to dress appropriately, as it is important to create a favorable impression. In short, preparation is the key to winning your case, so talk to your attorney ask him what you can do to help your cause. The contents of this article are intended for educational use only in order to provide readers general information and a basic understanding of the law. If you are seeking legal advice, please consult a licensed professional attorney in your state. The information in this article should not be substituted for experienced legal advice.

Social Education » Administrative Law Judge

Proving You Are Disabled to the Social Security Administration

St. Louis Social Security Disability Lawyer Discusses Tips on Preparing for Your Hearing