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.
Posts Tagged ‘Social Security Disability’
Proving You Are Disabled to the Social Security Administration
January 12th, 2010Posted in Articles
Tags: Administration Administrative Law Judge Attorney Fees Chest Pain Disability Cases Disability Law Disabled Exertion Lawyers Medical Insurance Mr Smith Proving Security Security Lawyer Severe Pain Shortness Of Breath Social Social Security Social Security Administration Social Security Disability Social Security Disability Lawyer Ssd Ssdi Ssi Stake
St. Louis Social Security Disability Lawyer Discusses Tips on Preparing for Your Hearing
December 23rd, 2009Our 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.
Posted in Articles
Tags: Administrative Law Judge Claimant Classified Jobs Decades Dictionary Of Occupational Titles Disability Disability Benefits Discusses Gainful Employment Hearing Last Job Lawyer Louis Medical Records National Economy Preparing Security Security Lawyer Social Social Security Social Security Administration Social Security Applicants Social Security Claimants Social Security Disability Social Security Disability Lawyer Substantial Work Tips Wages Work Backgrounds
What Might Obama do to Social Security Disability?
October 28th, 2009Barack Obama addressed close to 250,000 Americans at Grant Park on Tuesday, November 4, 2008 to give his acceptance speech. As a result of winning 364 electoral votes (94 more than the 270 required to win), Obama is the newly-elected president of the United States.
Over the next few months, Obama will tackle the issues he discussed during the heated presidential debates, ranging from the American economy to tax benefits to the war in Iraq. It can be speculated that Senator Obama’s success or failure in reforming America’s Social Security will be one of his most challenging issues as president of the United States in 2008.
At James Madison University on Tuesday, October 28, Obama said, “It won’t be easy… it won’t be quick, but you and I know that it is time to come together and change this country.”
1. Provide Americans with disabilities the educational opportunities they need to succeed:
- Barack Obama supports the Individuals with Disabilities Education Act (IDEA), which would help school districts cover the excess costs of educating children with disabilities. IDEA proposes increasing the current funding by 23%.
2. End discrimination and promote equal opportunity:
- Barack Obama supports Senator Tom Harkin’s ADA Restoration Act, which would redefine the definition of a “disability” in the application of the American with Disabilities Act (ADA). Obama plans to sign this act into law, which would prevent people with epilepsy, diabetes, heart disease, and cancer from being fired from their jobs ‘because they have those conditions.’
- Barack Obama supports universal health care legislation. Under the Obama-Biden plan, people with disabilities who take a job will either continue to receive their current health care or they will be provided a subsidy to purchase health care.
3. Increase the employment rate of workers with disabilities:
-Barack Obama supports the reinstitution of Executive Order No. 13173, which would hire an additional 100,000 federal employees with disabilities within five years. The federal government is the United States’ largest employer, and Barack Obama and Joe Biden support the hiring of employees with disabilities.
- Barack supports the establishment of a National Commission on People with Disabilities, Employment, and Social Security, which would examine the current SSDI, SSI, Medicare, and Medicaid programs in the United States to solve existing problems.
4. Support the independent, community-based living for Americans with disabilities:
- Barack Obama supports Senator Tom Harkin’s Community Choice Act of 2007, which would allow Americans with disabilities the choice of living in communities instead of nursing homes or institutions.
- Obama supports the Fair Home Health Care Act to combat the shortage of community direct care attendants. The Fair Home Health Care Act would increase the wage of health care attendants.
Obama supports a $150 million increase in the Social Security Administration’s (SSA) budget, which he believes has been underfunded. Obama is also committed to improving the application and appeals process for individuals with disabilities to fix the inefficiencies in the current system. Such as:
- Pending hearings have doubled since 2001
- The average weight time for a hearing decision is 505 days, the highest ever in agency history
- The processing times at the hearing level range from 276 days in Charleston to 973 days in Atlanta
- A reconsideration decision can take up to 8 months
What will be the result of an Obama presidency onto Social Security Disability? The question has many Social Security lawyers and Social Security attorneys pondering the issue. With an aging baby boomer generation and a concern that average wait times to receive Social Security Disability benefits are already over two years, most experts will agree that something needs to be done by the next President (Obama) to address the speed at which disability cases are handled.
If you or a family member has been denied disability benefits at the application level, it is advised that you contact a Social Security Disability lawyer. With current wait times of over two years, it is important to remember the sooner you involve a lawyer in the process, the sooner the process can be affected.
By: Matt Berry
Posted in Articles
Tags: American Economy American With Disabilities American With Disabilities Act Americans With Disabilities Barack Obama Children With Disabilities Disabilities Education Act Excess Costs Health Care Legislation Individuals With Disabilities Individuals With Disabilities Education Act James Madison University Presidential Debates Restoration Act S Ada Senator Obama Senator Tom Harkin Social Security Disability Tom Harkin Universal Health Care
