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June 10, 2019

Are You Angry and Frustrated About Your Social Security Disability Claim?

Are you angry and frustrated about your Social Security disability claim?  I find many of my clients express  anger and frustration about their Social Security disability claim.  There may be a variety of reasons that they feel this way.  It’s easy to understand how you might be frustrated when you are unable to work and provide for yourself and/or your family while facing physical and/or mental disabilities.  This blog will cover some of the things I frequently discuss with my clients. Why did they deny me when other people are receiving Social Security disability when they don’t deserve it?  It is important to remember that every case is different.  Sometimes a person’s disability can be something you cannot see.  What you consider an undeserving neighbor may be someone suffering from severe mental conditions.  Also, there are specific rules that the Social Security Administration (SSA) has that can make it easier to receive Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits.  The SSA can consider a person’s age, education, and prior work experience to meet certain vocational guidelines that could make it easier to receive benefits. With such a large disability program covering so many people, there may be undeserving individuals that fall through the cracks, but overall, we are lucky to live in a country where our disabled are taken care of. Why is it taking so long?  Many of my clients find themselves unable to pay for food, rent, and essential needs during this lengthy process.  Unfortunately, the SSA is way behind in processing claims.  This is probably the most common question I receive, and I can make no excuses for the process.  The lack of available staff to process claims and Administrative Law Judges to hold hearings on those claims is frustrating to claimants and … Continued

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February 20, 2019

Will I Get the Chance to Talk to An Actual Attorney When I Call Your Office?

A common complaint I hear from perspective clients is that when they hire a lawyer, they seldom get the chance to speak directly to the lawyer.  The majority of my staff are attorneys who focus on Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) claims.  The attorneys in my practice make the decision to accept potential clients, not the administrative staff.  We believe this initial attorney/client contact is crucial in beginning our case.  The initial contact with an attorney can help you decide if the relationship is a good fit for you, in addition to helping you understand the disability process.  The lawyers in my office strive to explain not only the process, but what can be done to enhance your chances of winning your disability claim.  This initial contact can give you the opportunity to ask questions regarding the appeals process, the importance of your medical providers, and your chances of being successful in your disability claim.  With my office, the attorney client contact does not stop after the initial conversation.  Our attorneys answer questions from current clients on a daily basis. The wait to have your case heard in front of an Administrative Law Judge (ALJ) can be lengthy.  Many things can change during the long wait and chances are, you will have additional questions along the way.  They can range from status updates and updating your medical providers and diagnoses, to questions regarding your ability to go back to work and what ramifications that will have on your claim.  Our office is busy, and I believe you should want it that way.  We are working with medical providers to get your medical records, filing appeals, corresponding with the Social Security Administration (SSA), and preparing cases for upcoming court dates.  Our administrative staff works closely with … Continued

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November 30, 2018

What You Can Do to Help Win Your Social Security Disability Case

We believe that the following simple steps may help enhance your claim:   File your paperwork in a timely manner. The Social Security Administration (SSA) requires you to meet certain deadlines.  You have 60 days (plus 5 days for mailing) to file a Request for Reconsideration after being denied on your initial application.  Failure to file this paperwork in a timely fashion may force you to start the process from the beginning unless you can prove you had good cause for your late filing.  If your Request for Reconsideration is denied, you again have 60 days (plus 5 days for mailing) to file a Request for Hearing.  Again, if you do not meet this deadline within the 60 days allowed, you may find yourself filing an initial application and starting the process from the beginning. Throughout the process, the SSA may ask you to complete a number of forms and reports that all have their own deadlines. Failure to do so can result in a denial.   See the appropriate types of physicians for your conditions and comply with treatment, if possible. Seeing the right kind of specialist specific to your disability can go a long way to prove to the SSA you are disabled.  The Social Security Administration follows specific rules regarding how to consider medical records or opinions, and your General Practitioner’s opinion alone may not provide enough weight to convince the SSA. More consideration is given to statements from a specialist such as statements relating to the severity of your condition, specific objective testing, and medical source statements as to your functional ability to work.  Our office welcomes all medical provider records that support your case. The more records we can get to support your claim, the stronger your claim becomes. We know that your medical insurance … Continued

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October 16, 2018

Learning Disabilities and Social Security Disability

Whether you are a child or an adult, the Social Security Administration (SSA) recognizes learning disabilities as a condition that can pay Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) payments.  The severity of the condition and its impact on an individual’s functioning can be key factors in receiving benefits. In children’s Social Security disability claims, many aspects of the claim are examined.  These may include, but are not limited to: IQ testing Individualized Education Programs (IEPs) 504 Plans School grades Teacher questionnaires Medical Source Statements from treating physicians Progress notes from treating sources The Listing of Impairments is a guideline published by the SSA that contains specific information related to learning disabilities among other impairments.  The SSA also examines children’s cases under six domains of functioning to determine if a child is functionally equivalent to a listing.  The SSA will look for limitations in the child’s ability to acquire and use information, attend and complete tasks, interact socially, move and manipulate objects, handle their own self-care, or health and physical well-being.  Understanding a child’s Social Security Disability claim can be confusing, as the standard for disability can be different than that of an adult. Adults can also receive Social Security Disability benefits for a learning disability.  The question of whether you can work with a learning disability can be a little tricky to prove to an Administrative Law Judge (ALJ).  If you have worked in the past with your learning disability, the ALJ may wonder how it would currently prevent you from working if your condition has not gotten worse.  Sometimes, employers make “accommodations” for this type of worker.  This might be special treatment that the employer is unwilling to give to other workers.  This may include a job coach, multiple reminders of job duties, leaving work … Continued

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October 8, 2018

Keeping in Touch with Your Social Security Disability Attorney

Currently, the Social Security Administration (SSA) has a long wait time for hearings before Administrative Law Judges (ALJ); keeping in touch with your lawyer can be very important to winning your claim.  As your hearing approaches, communication with your representative can be even more important to gather your updated medical records.  Keeping in contact with your lawyer may allow for any and all medical records to be obtained and ensures that an ALJ will be able to make a decision based on the most up to date information. Some common problems I have seen with my clients include their inability to have a working phone number or a consistent mailing address.  It is easy to understand that financial hardships due to the inability to work can make it extremely difficult to afford these things.  It can be very helpful to your Social Security Disability lawyer if you call, email, or notify him/her by standard mail, of any changes to your contact information.  Sometimes, a relative or friend can serve as a consistent point of contact for my office if you grant us permission to speak to them. So many things can change while waiting for a Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) hearing.  For example, your condition may have gotten worse, your medical providers may have changed, you may have undergone additional medical procedures, you may have had changes in medication, you may have undergone new objective testing, or you may even have improved and gone back at work.  All these things can potentially have an impact on your case.  Additionally, going to a Social Security disability hearing “cold”, without talking to your Social Security disability attorney, can result in some surprises.  I attempt to prepare my clients before each hearing with a preparation session to … Continued

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September 6, 2018

Neck Pain and Social Security Disability Benefits

When thinking of spinal pain, people typically think of the back or lumbar area.  However, the cervical spine can also create pain and limitations that prevent an individual from working.  The cervical region consists of seven vertebrae numbered C1 through C7.  Injuries or degeneration of this area can require therapy, injections, and even major surgeries to repair damaged areas or provide relieve from severe pain.  If your cervical spine is causing pain and keeping you from working, you should file a claim for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits.  Many of my clients are diagnosed with Cervical Spondylosis, Cervical Disc Degeneration, and Cervical Spinal Stenosis.  Appropriate objective testing such as MRI’s and x-rays can better show the degree of severity to this region.  My clients often complain of symptoms including, but not limited to: Severe pain Numbness and Tingling Difficulty Moving the Head in Different Directions Headaches Problems lifting and carrying amounts of weight It is important to have medical records to support this type of claim when you go to your Social Security disability hearing.  For example, physical therapy records can show how your injuries to the cervical spine affect your ability to perform a variety of movements or activities.  If you can show the Social Security Administration (SSA) or an Administrative Law Judge (ALJ) that you have exhausted all treatment options and that you are still disabled from a cervical impairment, you may find yourself with a favorable outcome and get the disability payments you deserve to support yourself and your family. It is important to remember to let the SSA know about all your impairments.  While you may have a severe cervical issue, other impairments like diabetes, asthma, depression, or any other severe impairment can also be considered in combination to find … Continued

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August 16, 2018

Can I Receive Social Security Disability If I Had a Heart Attack?

If you or someone you know has had a heart attack and are considering filing a claim for Social Security Disability, there are some things you should consider.  First, if you have not worked or believe you cannot work for twelve (12) consecutive months, it might be in your best interest to file immediately.  Second, you should file for both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits to ensure you receive the benefits under the program you are entitled to.  This blog will discuss a few ways the Social Security Administration (SSA) looks at cases involving cardiovascular issues. The SSA examines heart related impairments in its Listing of Impairments under Section 4.00.  These listings outline in specific detail what the SSA believes are disabling conditions concerning the cardiovascular system.  If you read these listings, you may find them complicated and difficult to understand.  Many terms in these listings can be understood by a qualified physician or a Medical Expert (ME), who sometimes appear at Social Security Disability Appeals hearings.  My office can generate a “Medical Source Statement” for you to take to your cardiologist to see if you meet or equal these criteria. It is important to note that not all Social Security disability cases are won by meeting or equaling one of these listings.  After a heart attack or other cardiovascular problem, your capacity to work may be so low that you simply cannot work a full-time job, and this may also qualify you for Social Security disability.  The SSA calls this your Residual Functional Capacity (RFC).  Your RFC could include limitations in sitting, standing, walking, and lifting.  It could also limit your ability to stay on task and to consistently attend work, which may result in termination from employment.  Medical Source Statements from your … Continued

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July 6, 2018

What Are You Going to Say at Your Social Security Disability Hearing?

Your words matter at a Social Security Disability Insurance and/or Supplemental Security Income hearing.  The way you answer questions and the information you offer can impact the decision of an Administrative Law Judge (ALJ).  My staff and I try to prepare each one of my clients for their day in court.  Some of my clients listen to me carefully and some do not.  This blog contains some of my experiences representing clients in thousands of disability hearings and is not intended as legal advice. You have waited for what seems like forever to finally be heard in court.  Chances are you have a lot to say, and you cannot wait to give the ALJ an earful about your disabilities.  While this is common, you must remember the Social Security Administration (SSA) and the ALJ that hears your case has a very precise game plan for how they are going to analyze your case.  For a seasoned disability lawyer, the questions are usually very predictable.  If your attorney has experience with an ALJ, they can usually guide you through what is important and prepare you adequately. In my experience, there are four broad areas that you may be asked about, but all ALJs can differ: Background questions- these can be easy and include basic information such as your age, education, marital status, living arrangement, height, weight, dominant hand, financial situation, and other personal questions. Past employment- the SSA is required to go back 15 years and examine your old jobs to determine whether you can return to any past jobs with your current disabilities. Questions here can include job titles, duties, exertional requirements, and other job-related questions What are your disabling conditions? This is usually the longest set of questions and can include medical treatment you are receiving; procedures you have … Continued

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March 20, 2018

Children’s Social Security Disability and the Right Lawyer

Not all Social Security Disability lawyers take children’s social security disability cases.  There may be many reasons for this, but one thing is for sure- claims for children are unlike adult disability cases.  Selecting a lawyer with experience handling children’s claims for benefits can make the process smoother for you and your child.  While the Social Security Administration (SSA) evaluates claims for both children and adults, the underlying question is very different.  For adults, that question is “can you work”?  We do not expect children to work, so how does the SSA evaluate them?  This blog will briefly examine how the SSA analyzes children’s benefits claims. The SSA publishes disability guidelines called the Listing of Impairments.  These guidelines set forth specific criteria for evaluating certain impairments to determine if they meet their definition of disability.  Many children do not meet or equal these requirements to receive Supplemental Security Insurance (SSI) benefits.  However, this does not mean that the claim is denied.  The Social Security Administration will then look at six domains to determine if your child is disabled: Acquiring and Using Information Attending and Completing Tasks Interacting and Relating with Others Moving About and Manipulating Objects Caring for Yourself Health and Physical Well-Being A child’s limitations must be considered “marked” in two of these domains or considered “extreme” in one domain to be disabled.  These domains can be a bit tricky, as you can see by their somewhat vague titles.  Some of the domains relate to mental impairments while others relate more to physical impairments.  One part of my job as a Social Security disability attorney is to help the SSA understand how your child’s limitations fit into a domain. A consistent, ongoing, and well-documented treatment record is needed to prove the persistence and severity of your child’s symptoms.  Additionally, … Continued

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February 19, 2018

Knee Pain and Social Security Disability

Can I receive Social Security Disability for knee pain?  Have you suffered an injury to your knees or experienced gradual deterioration in your knees that limits your ability to work? Knee pain can be so severe that an individual is not only unable to stand for long, but it can also limit his/her ability to tolerate prolonged sitting.  When it comes to weight bearing joints like the knees, daily exertion can lead to worsening symptoms.  Common problems include pain, swelling, and instability.  If you are unable to work due to knee problems, I suggest you apply for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income immediately. The inability to stand, walk, or ambulate effectively can limit the performance of most jobs above the sedentary level.  Many vocational experts (VEs) state that most jobs performed while standing up require the ability to stand or walk at least six hours out of an eight-hour day.  If a cane or other assistive device is required, it may prevent the performance of any competitive employment.  In my experience, the number of jobs can greatly decrease if a claimant has been prescribed a cane or walker.  Limiting the number of jobs a claimant can perform, known as eroding the job base, can be the key to a favorable Social Security determination. Many of my clients with chronic knee problems report swelling and pain, even while sitting.  Sometimes, they report that elevation of their legs can reduce that swelling and pain.  Many VEs will testify in disability hearings that elevation of the legs over a certain height can preclude work at the sedentary exertional level.  A statement from a qualified medical source supporting the need to elevate the legs, the height of the elevation, and the duration of the elevation can be crucial to establishing … Continued

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