Advice for Your Social Security Disability Hearing

Posted on September 3, 2010 by Editorial Board

If you have an upcoming hearing with an Administrative Law Judge (ALJ) for your Social Security Disability case then you probably have several questions.  Most people have never testified in court before, so they have questions about what they will be doing in the hearing.  The best advice about getting ready for your hearing is to not stress out over it.  Social Security hearings are a relatively informal process, but you should still be prepared for it.

Being Prepared For Your Hearing

Get a good night’s sleep before your hearing, and maybe lighten up on any prescriptions that make you drowsy or tired (if your doctor agrees that is ok).  At the hearing you need to do your best job of listening and answering questions.  If your medicine makes you mentally foggy, it may be best to skip that the morning of your hearing (if your doctor agrees) so you can be more alert for the ALJ’s questions.

Do not dress up like the hearing is a job interview.  Wear what you would normally wear to be comfortable considering your medical problems.  In the context of a hearing, looking ready for work does not help you, so focus on being dressed in a respectable way that is comfortable.

Make sure your key medical evidence has been submitted to your Social Security Disability file.  If you are represented you will review these details with your attorney.  Any last minute evidence should be filed several days before the hearing if at all possible.

Be ready to answer the one question that summarizes what the hearing is all about.  In many cases the ALJ will ask the claimant “why do you think you are disabled?” or “why can you no longer work a full time job?”  These questions are your chance to share with the judge your theory for why you should win your case.  Don’t spend this time talking about things that will not help you, like “the economy is bad”, or “I already tried looking for a job & couldn’t find one”.  Keep your answer focused on the limitations you have as a result of your medical impairments.  Your physical or mental limitations, and the medical evidence that makes your limitations reasonable or not, are what can make you disabled.

Other real world issues that keep you from working, like the two raised above in my example of what not to do, are not part of the Social Security law, and will not be a factor in whether you are disabled or not.  Good disability lawyers always have a preparation interview with their clients to get them ready for the hearing.  I always discuss the “why can’t you work?” question with my clients, and help them with a model answer that is consistent with our theory of the case.

Posted in Social Security Hearings, Winning Disability Benefits | 3 Comments

How to Find an Attorney for your Social Security Disability Case

Posted on September 3, 2010 by Editorial Board

Finding a good  disability attorney is like finding any other professional.  Many times you can ask around, and get recommendations from friends.  But what if your friends have not been through something that required them to get a Social Security Disability attorney?  After all, most people have never filed for disability benefits.

If you do not get a recommendation for a reputable disability lawyer from friends, family, or neighbors, then maybe you can just get a recommendation for any good lawyer.  Most lawyers network with other lawyers, and they can usually point you in the direction of someone who can help you if you ask for a referral.

Social Security Disability law is a very specialized area of law that changes frequently.  Although any licensed attorney can represent you in your case, you are better off working with attorneys who handle Social Security cases as the bulk of their practice.  Someone who does hundreds of disability cases every year is going to have much more experience than the person who only handles a handful of disability cases each year.

How to choose a good disability attorney?

Learn about the attorney and their firm by reading their biographies on their website, or call the firm and ask for information to be mailed to you.  Look for law firms that have a history representing Social Security Disability clients, and not firms that do everything including disability law.  Look for lawyers that have a passion for their work, someone who will be ready to fight for you.  If firms or attorneys are not ready to share their background with you then you should move on to the next attorney on your list.

Seek out experienced help.  It isn’t necessary that you find an attorney with 10 or more years experience to find a great attorney.  A well trained attorney in a firm surrounded by more experienced attorneys can also do a great job.  Larger firms usually have solid training in place that shares the wealth of knowledge and experience across the firm, and they also have high volume practices that can give new lawyers years of experience in just months.

Finally, seek out lawyers who are constantly improving their legal skills.  One way to do this is notice what groups they are members of when you read their biography.  Check to see if they are a member of the National Organization of Social Security Claimants’ Representatives or NOSSCR (the national Social Security Disability lawyer association).  Also, find out if your prospective lawyer attends conferences where they learn more about disability law from the best lawyers in the country.  Most dedicated Social Security Disability lawyers will attend one or more conferences every year as a way to stay sharp.

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You Can Apply for Social Security Disability Benefits Online

Posted on September 3, 2010 by Editorial Board

It easy to apply for disability benefits online through the Social Security Administration (SSA) website. The process is different for adults and for children.

It may take time to collect all the information you need to apply for disability benefits. Because you may lose benefits if you hold your application until you have all the information, you should submit the application with the documents you have. You can add the missing documents later.

Applying for Adult Benefits

Adults (age 18 or above) must complete both an application for Social Security Disability Benefits and an Adult Disability Report. The Adult Disability Starter Kit answers frequently asked questions about how to apply for benefits. It also has a worksheet that helps applicants collect the required information.

You will need the following information to complete the application.

  • Date and place of birth;
  • Social security number;
  • Amount of money earned last year and this year. If you are filing in September, October, November, or December you will also need an estimate of your earnings for the following year;
  • The name and address of each employer for this year and last year;
  • The beginning and end dates of active military service before 1968;
  • The name, date of birth or age, and Social Security number of your current and any former spouse;
  • The dates and locations of any marriage and dates of any divorce or death of spouse;
  • Your Social Security Statement, which is a record of the earnings on which you have paid Social Security taxes during your lifetime and your estimated benefits;
  • Information about other benefits you intend to file for; and
  • The Adult Disability Report, which collects more detailed information about your medical condition and work history.

You may also be asked for additional information.

Applying for Benefits for a Child

If you are a child or are completing an application for a child, you must complete an Application for Supplemental Security Income and a Child Disability Report. Only the Child Disability Report can be completed online. You must contact Social Security (1-800-772-1213) to complete the Application.

The online Child Disability Report provides detailed instructions for completing the report and a process for collecting the required information.  If you prefer, you can go to your local Social Security Office to complete the Report.

How to Apply

To apply for benefits online, go to http://www.socialsecurity.gov/info/isba/disability/. You can call your local Social Security office or 1-800-772-1213 for help and more information.

If you need help filing, or would like the advice of professionals assisting you with your case then consider hiring a disability law attorney familiar with Social Security disability.  Typically, disability lawyers only earn a fee if you win benefits, and their fee is taken out of the back award and paid directly by Social Security.

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Social Security Disability Insurance Eligibility

Posted on September 3, 2010 by Editorial Board

There are two programs under the Social Security Administration that enable individuals to receive benefits when they are deemed to have met Social Security’s definition of disability—that is, when an individual is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or last for a continuous period of not less than 12 months.

Social Security Disability Insurance, also known as Disability Insurance Benefits (DIB), is one such program that allows qualifying individuals to receive benefits upon a favorable disability determination. The other program is Supplemental Security Income. Eligibility requirements for the former are primarily dependent upon the applicant’s earnings record whereas the latter’s eligibility requirements are predicated on the applicant’s current financial resources. The amount of benefits received under the Disability Insurance Benefits program will depend on the applicant’s payroll contributions to Social Security over time whereas the maximum amount of benefits allotted under Supplemental Security Income are federally set.

Determining whether you are eligible for Disability Insurance Benefits will require review of your work history, which Social Security categorizes into quarters of coverage. These quarters of coverage are also called “Work Credits.” In order to be considered currently fully insured, you must have 20 quarters of coverage within the previous 10 years. If you have worked in your full capacity throughout the year, then you have earned the maximum of four quarters of coverage that one can earn within each calendar year.

The total number of work credits earned will entitle you to insurance coverage through a specified limited time period. This is known as the “Date Last Insured,” or “DLI”. If you cannot demonstrate that you became disabled before your DLI, then you will not qualify for Disability Insurance Benefits.  Additionally, if you are an individual who has never worked, and thus have not earned any credits entitling you to coverage, then you also do not meet the eligibility requirements for Disability Insurance Benefits.

There are certain limited situations in which individuals who do not have enough work credits under their own earnings record might still be eligible for Social Security Disability Insurance. These circumstances include:  when an applicant is applying for Disabled Adult Child benefits; an application based on a spouse’s or former spouse’s earnings record; or Widow/er’s benefits and Children’s benefits when the spouse or parent is deceased.

Posted in Basics of SSD, Filing Initial Application | Comments Off on Social Security Disability Insurance Eligibility