You will Receive a Decision on a Disability Claim in 90 to 120 Days

Posted on January 17, 2011 by Editorial Board

Not necessarily.  Ultimately, the outcome takes as long as the Administrative Law Judge (ALJ) or disability examiner needs to render a fully developed, fair decision.  The time frame may be roughly two to four months, but this is not a concrete time limit.

There are a few reasons why one decision will take one month, but another decision may take four months to be rendered to the claimant.  In some claims, the judge or examiner may have asked for more evidence and given the claimant and his representative more time to gather that evidence.  The judge or examiner may also decide that the claimant needs to be sent for a consultative exam to get a clearer understanding of the claimant’s impairments.

Claims at the Administrative Law Judge lend may be delayed by a lack of resources to write the decision.  ALJs rely on writers to draft their decision, and sometimes the writers are backed up with decisions to draft.

In some cases, the delay may de due to an ALJ being chronically delinquent in issuing decisions.  In this situation, a letter from your attorney requesting that the decision issue may be helpful.

Posted in Basics of SSD, Filing Initial Application, Social Security Hearings, Winning Disability Benefits | Comments Off on You will Receive a Decision on a Disability Claim in 90 to 120 Days

The Social Security Administration (“SSA”) Denies Claims to Save Government Money.

Posted on January 14, 2011 by Editorial Board

The SSA does not deny claims to save government money.  Applicants are generally not approved because either they do not have adequate objective medical evidence to prove their claim or they are not aware of the appeals process they are entitled to.

It is important to see your primary care physician and specialists regularly to clearly document the extent of your impairment.  The claimant’s subjective complaints are taken into consideration, but objective evidence such as an MRI or regular therapy sessions help to support the claimant’s comments. Submitting medical records is key to receiving a favorable decision.

If your claim is denied, it is equally important to appeal your claim so that you have the opportunity to go before an Administrative Law Judge to present your case.  Up until the time of a hearing, the contact a claimant has with SSA is through paperwork.  At a hearing, the claimant and their lawyer have an opportunity to speak face to face with a judge who will then decide the case based on a more well-rounded perception of the claimant’s impairments.

Posted in Basics of SSD, Questions & Answers, Why People Are Denied | Comments Off on The Social Security Administration (“SSA”) Denies Claims to Save Government Money.

You had a Good Social Security Disability Hearing if…

Posted on January 11, 2011 by Editorial Board

Obviously a good hearing is one where the Administrative Law Judge (ALJ) says he or she will award your case.  Unfortunately only a minority of judges will announce their intentions openly.  Some do go a step further and award your case with a “bench decision”.  A bench decision occurs when the ALJ states the decision into the audio recording of the hearing.  Bench decisions are the best of all possible outcomes because they speed the processing of your benefits.

If the ALJ does not state what he or she will decide you will likely have to wait for the written decision to know whether you won or lost.  There might be clues in the hearing, such as whether the judge asked you to change the date you claimed your disability began or the judge’s response to testimony by the experts.  It’s usually a good sign if your hearing is very short (less than 15 minutes) and the ALJ takes little testimony from you.

Your attorney might be familiar with the judge’s tendencies and be able to predict the outcome of your case.  If you had no attorney you can try finding the ALJ’s award rate online.  Go to http://www.oregonlive.com/special/index.ssf/2008/12/social_security_database.html?app.  This website, run by Delaware Online, provides the percentage of cases awarded by ALJs up to 2009.

You can find the most current statistics at: http://www.ssa.gov/appeals/DataSets/03_ALJ_Disp.html

Unless you walk away from the hearing knowing you won, the best type of hearing is one where you have no regrets afterwards.  It’s important to be respectful and honest at your hearing, but it’s also important to take advantage of your day in court.  Your hearing is your opportunity to tell your story and the judge has an obligation to hear you out.

Posted in Basics of SSD, Questions & Answers, Social Security Hearings | 1 Comment

Schizophrenia Symptoms & Treatment Options

Posted on January 10, 2011 by Editorial Board

Up to one percent of the worldwide population is affected by schizophrenia. For most, the symptoms will begin to show in the late teens to early twenties, however for others they can appear later in life. This mental illness occurs equally across sex and race. Schizophrenia is described by those in the medical and psychiatric field as a mental disorder which disturbs both the perception of reality and how an individual responds to reality. The symptoms of schizophrenia will make it difficult for many people with this condition to have a normal life and function independently in their community.

What are the Symptoms of Schizophrenia?

Schizophrenia is characterized by a variety of symptoms which are for the most part linked to perceptions, identity, language and thought. Symptoms of schizophrenia are divided into two categories.  Many people are familiar with some symptoms of the illness such as delusions and hallucinations; these are known as positive symptoms. If one or more positive symptoms of schizophrenia occurs for more than a month, then this can form the base of a diagnosis.

Positive symptoms of schizophrenia include hearing voices, seeing things which are not really there, feelings of paranoia or a sense of persecution. A delusion of reference is the belief that things on the radio or TV or other external sources are about you when they are not. A somatic delusion involves the body, and may be the thought that there is an alien presence inside or an illness that doesn’t actually exist. Delusions of grandeur occur when a person believes they are someone important which is not actually the case in reality.  For instance, they may believe themselves to be the President or a celebrity.

There is also a second category of symptoms; negative symptoms. Negative symptoms of schizophrenia are concerned with emotion, language and speech. Alogia is a medical term for suffering problems with language, a person may become quiet and stop talking. They may have problems finding the words they are looking for. A loss of emotions is known as affective flattening. This may include a lack of body language and facial expressions as well. Another negative symptom of schizophrenia is allovation, which is the failure to set and reach goals. A person may stop interacting with friends and family, going to school or attending social functions. These are all instances of allovation.

What Treatment Options are Available for Schizophrenia?

There is no cure for schizophrenia, only treatment for its symptoms. Schizophrenia is treated by a range of procedures. These include anti-psychotic drugs and anti depressants, cognitive and behavioral therapy, as well as electroconvulsive therapy.

If a patient enters psychosis, or has a history of psychotic episodes, then anti-psychotic drugs may be prescribed by a healthcare professional. In the past decade medical treatment for schizophrenia has been greatly improved. Anti depressants are also often prescribed to help with some of the negative symptoms of schizophrenia.

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