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Archive for April, 2009

Filing A Social Security Disability Claim Online Can Speed Process

Wednesday, April 29th, 2009

Filling out the forms for your Social Security disability benefits claim online will speed the process, according to representatives of the Social Security Administration (SSA).

Last month, SSA became the first government agency to use the National Health Information Network. Officials say that this initiative will cut the time it takes Social Security to get medical records supporting the claims of those who file for disability benefits.

When an applicant lists certain medical facilities that use the network as treating sources, Social Security’s system automatically sends an electronic message to the hospital’s system requesting the medical record and providing the patient’s authorization. The hospital’s system automatically responds providing almost instant access to the patient’s medical records.

Officials hope that this will help speed response to the estimated 3 million claims for Social Security disability benefits that the agency expects to receive this year.

The agency suggests that it will expedite the process if applicants complete the application for disability benefits online.

 




 

 

 

 

 

What Should I Expect At My Social Security Disability Hearing?

Monday, April 13th, 2009

Many Social Security Disability applicants will wait up to a year or longer for their chance to present their Social Security Disability claim to an Administrative Law Judge. All Social Security Disability denials up to this point were done by a state medical examiner who did not have the opportunity to speak with you, discuss your Social Security Disability claim with a vocational expert or hear evidence presented by your Social Security Disability lawyer.

The Social Security Disability hearing will give you an opportunity to present your Social Security Disability case in a face to face meeting with an Administrative Law Judge who is free to review all of your medical information with out prejudice or regard to other decisions made by a state medical examiner.

Most Social Security Disability hearings will be held in a small room in a court house near your residence. The Social Security Disability hearings are not open to the public, and there will not be a contentious argument between a prosecutor and defensive attorney, in fact, the state does not even have an attorney present. In most Social Security Disability Hearings there will be a calm, open discussion between all the participants. The participants will include the Administrative Law Judge, your Social Security Disability lawyer, a vocational expert and a judicial assistant who will record the hearing.

Other medical expert witnesses (psychiatrists, internists, cardiologists, orthopedists) may be requested by the Administrative Law Judge. Their purpose is to help the Administrative Law Judge understand medical aspects of your Social Security Disability case. Medical experts may be requested for Social Security Disability cases where the Social Security Disability claimant has multiple physical and mental impairments or if their medical documentation is difficult to understand or contains contradicting information.

The vocational expert is present to identify and classify the type of work you have done in the past (skilled, unskilled and semi-skilled) and if your mental or physical health condition is too severe to allow for employment in your past profession. If the vocational expert determines you cannot perform your current job, he may be able to identify additional jobs you could be retrained to perform- given your skill sets, educational level, age and job experience. The vocational experts commonly refer to the Directory of Occupational Titles to identify the requirements a person must have to engage in any job available with in the United States. If you have hired a Social Security Disability attorney, they will be able to cross examine the medical examiner and/or the vocational expert in an effort to discredit or clarify their testimony.

Many Social Security Disability claimants find the Social Security Disability hearing stressful and will become very emotional or nervous. This is normal, but if you have a good Social Security Disability attorney they will be able to prepare you for what to expect. In most hearings, the Administrative Law Judge will ask very basic background questions:  address, birth date, school background and your name. They will also ask questions about your past work experience and job responsibilities: physical and mental job requirements including your ability to stand, sit, push, pull and lift. The Administrative Law Judge will also ask specific information concerning your mental and physical health condition and any limitations you now face in daily house hold activities. The judge will use this information to determine if you are able to perform your past job or any other type of job. The most important thing to remember while testifying is to be specific, tell the truth, be descriptive and have a positive attitude.

Each Administrative Law Judge has his or her own personal style regarding testimony and questioning. Certain Administrative Law Judges will ask all of the questions themselves, while others will expect your Social Security Disability attorney to ask you all relevant questions regarding your background, medical information and job responsibilities. At the end of all of your testimony the expert witnesses (Vocational and Medical) may present their evidence and your Social Security Disability lawyer will have the chance to contradict or clarify their expert testimony.

At the end of the Social Security Disability hearing the Administrative Law Judge will hear final comments. You and your Social Security Disability attorney may be asked for closing comments. Most Social Security benefit decisions will be made by written notice four to six weeks after the administrative hearing. In a few instances, the Administrative Law Judge may present the decision at the close of the hearing, but this will be the exception.

Can A Social Security Disability Attorney help speed up my Social Security Disability Hearing or Social Security Disability Decision?

Wednesday, April 8th, 2009

There are only a few scenarios in which a Social Security Disability Attorney can help speed up a Social Security Disability Hearing. It is important to understand that the main goal of hiring a Social Security Disability Attorney is to increase your chances or winning your Social Security Disability claim, not expediting the Social Security Disability process. That said, listed below are several ways a Social Security Disability Attorney may be able to help expedite your Social Security Disability Claim: 

  • Ensure all updated medical information is gathered in a timely fashion and sent to the Social Security Administration prior to all appeals.
  • In certain limited cases a Social Security Disability hearings may be scheduled more quickly if the claimant can prove they are in dire need. The Social Security Disability Attorney can work with the claimant to submit the necessary paperwork: dire need letter, past due notices for rent, utility bills, eviction notices and medical prescriptions. There must be serious financial need to warrant an expedited Social Security Disability hearing.
  • If you have had a Social Security Disability Hearing scheduled you may be able to expedite the decision by requesting an on-the-record-review (OTR). This OTR request will ask that the Social Security Disability claim be reviewed before the Administrative hearing is held. The main benefit of the on-the-record-review is that you may get approved more quickly with out waiting for the decision of the Administrative Law Judge at the Social Security Disability hearing. OTR Reviews are only approved if your physical or mental health condition has gotten substantially worse and your medical information is up to date and can substantiate your worsening health claim.
  • The last way to speed up the Social Security Disability hearing is to have a United States Congressman or United States Senator launch a congressional inquiry. A Social Security Disability hearing may be expedited for a claimant if a staff member requests it either by calling or writing. This is difficult to do, but has had limited success.

In most instances a Social Security Disability Attorney will not be able to move your Social Security Disability claim through the Social Security Administrative process faster than you can with out Social Security Disability legal representation. What the Social Security Disability Attorney can do is increase your chances of winning Social Security Disability benefits at all levels of the Social Security Disability process.

Most Social Security Disability Insurance and Supplemental Security Income claims are denied at the initial application level and the reconsideration level. If your Social Security Disability claim is appealed to the Administrative Law Judge level and you are scheduled for a Social Security Disability hearing, representation by a Social Security Disability lawyer can greatly increase your chances of success.

A Social Security Disability Attorney has the experience to gather, read and evaluate your medical documentation and prepare the information for the Administrative Law Judge in the format he requires.  The Social Security Disability Attorney can evaluate your mental and physical health impairments and help the Administrative Law Judge evaluate how it compares to the Social Security Impairment Listing and determine the amount of your residual work capacity.

The most important thing a Social Security Disability Attorney offers is the expertise to navigate the Social Security Disability hearings, decipher and answer all the Administrative Law Judge questions and answer questions regarding your work capacity. If there are vocational or medical experts who are providing expert testimony for the Administrative Law Judge, your Social Security Disability Attorney can respond to the experts and provide additional information which the Administrative Law Judge can use to make his decision.