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Not Being Prepared For Your Social Security Disability or SSI Hearing is a Mistake

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It is taking most people nearly a year, or even over a year to get their Social Security Disability or SSI hearing.  It is a real shame that some people, even with all that time to prepare, show up unprepared for the hearing. Social Security hearings are conducted by Administrative Law Judges (ALJs).  The ALJ [...]

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What do I do Next if my Social Security Disability or Supplemental Security Income Case gets Denied?

If your Social Security Disability or Supplemental Security Income case gets denied, you should file an appeal.  Generally, there are four levels of appeal for purposes of Social Security Disability or Supplemental Security Income benefits.  These include Reconsideration, Hearing, Appeals Council, and Federal Court. After your initial application is denied, you must file an appeal, [...]

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The One Year Durational Requirement

The “duration” requirement is one of the fundamental rules of Social Security Disability Law.  The Agency’s regulations state, “Unless your impairment is expected to result in death, it must have lasted or must be expected to last for a continuous period of at least 12 months.”  20 C.F.R. § 404.1509. Social Security defines “disability” as [...]

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Will I need a Disability Attorney to File my Appeal in Federal District Court?

No.  Disability claimants can appeal their case to federal court without a disability lawyer.  However, it is unlikely they will succeed.  Federal court appeals are the most complicated and difficult level of the disability claim process.  It takes much time and effort as well as thorough knowledge of disability case law and federal regulations.  As [...]

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If Denied for Social Security Disability or SSI, you Need to File an Appeal

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There are four levels of appeal for denial of Social Security Disability or Supplemental Security Income (SSI) Benefits.  These generally include a Request for Reconsideration, a Request for a Hearing, a Request for Review by the Appeals Council, and filing a lawsuit in Federal District Court. If you file an application for Social Security Disability [...]

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Are Social Security Administrative Law Judges (ALJs) Fair?

Are ALJs Pressured Into Quotas or Other Non Claimant Friendly Goals? Approximately 64 percent of applicants for disability benefits have their initial application denied. To pursue their claim, applicants who have been denied must present their case to an Administrative Law Judge (ALJ) at a disability hearing. As of October 2009, 722,822 people in the [...]

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Not Going to a Social Security Disability Consultative Examination (CE) is a Mistake

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A Consultative Examination (CE) is a doctor’s exam that the Social Security Administration (SSA) or state Disability Determination Service (DDS) agency is paying for, and scheduling you for so that they have more medical evidence to evaluate your claim.  If the DDS or SSA has scheduled you for a CE it is essential that you [...]

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I Was Approved for VA Disability, Will I Also be Approved for Social Security Disability?

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Being approved for VA benefits does not mean your social security disability claim will be approved.  The VA approves or denies benefits based whether the impairment originated while the claimant was engaged in military service and gives percentages as to the level of disability. Social security disability claims are based on the severity of the [...]

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