Posted on February 08, 2012 in Denied Social Security Benefits

Less than 7% of those applying for Social Security disability benefits, whether SSDI or SSI, whose case is at the reconsideration level are approved. If you are one of the few whose case is approved at that level, you may find yourself in a position where you are not satisfied with the back benefits awarded to you. Disagreeing with the Social Security Administration's decision, you may think about appealing. BE CAREFUL!

It is not always a good idea to appeal a reconsideration approval. In some circumstances, moving forward with appealing the decision could result in complete and total loss of benefits. Below are some key factors to consider before appealing:

1) Did you have an attorney helping you with your case prior to approval?

2) Is your disability benefits case for SSI or SSDI benefits?

3) The rationale Social Security provided for establishing the onset date

4) Does the medical evidence prove a different onset of disability?

5) Your financial situation

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 Posted on February 04, 2012 in Already Applied for Disability Benefits

You waited for years to finally have your Social Security disability hearing and at the end of the court appearance the judge may have told you, "I will review the file and you will receive my decision in the mail." Sometimes, a judge may even say "you can expect my decision in the mail in 3-4 weeks." Unfortunately, more often than not claimants wait for months before they receive a decision in the mail.

Waiting for a judge's disability decision can be extremely nerve wracking. A common question that my firm receives is "Can you help me get my decision sooner?" The worst part of getting a decision is that your Social Security disability lawyer cannot really do much to speed up the process. A call to the hearing office will commonly be followed by an abrupt reply, "the decision is in writing." What does this mean? The short answer is anything. In writing could mean that a decision has been made and it only needs to be written. If this is the case, some claimants will receive their decision shortly after the phone call. In writing could also mean nothing is happening. Sometimes the court is busy with other cases and in writing could mean that it is sitting in a pile somewhere waiting for its turn to be reviewed.

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 Posted on February 04, 2012 in Social Security Disability

For January's "Best Social Security Disability Blogs" of the month, we listed our top 5 blogs by Social Security disability lawyers nationwide:

Post Hearing Argument Or Brief -Maine lawyer Gordon Gates on Social Security Disability Lawyer Blog

Social Security Disability Benefits: Easy? -Illinois disability lawyer Aaron Rifkind on Illinois Social Security Disability Blog

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 Posted on February 04, 2012 in Social Security Disability

The Social Security Administration (SSA) announced on January 30th, 2012 that it would change its internal procedures for handling non-attorney and Social Security disability attorney 1695 forms. Processing of 1695 forms in conjunction with the Appointment of Representative and Fee Agreement documents insures that a representative is recognized by SSA for a particular claim and will be paid attorney's fees along with it if the case is approved and back benefits awarded. The problem that disability lawyers have faced is that the local District Offices (DO) are inefficient and fail to properly process documents. If the three documents above that attorneys send to SSA are not processed, a claimant may be stuck fighting the government by themselves. For this reason, the 1695, Fee Agreement, and Appointment of Representative forms are extremely important documents.

The new procedure for processing 1695's can be found here. Although SSA made a move to improve the processing of 1695 forms, I personally do not think it was the right move. The simple truth is that the local DO's will always misplace documents. The more documents that they need to process, the more room for error and the increased likelihood of something going wrong. It is very rare in my practice that my documents are correctly processed on the first try. Typically, our disability firm has to send the same documents multiple times just to get processed.

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 Posted on January 31, 2012 in Social Security Disability

Several claimants at a hearing office today were commenting how easy it was to get Social Security disability benefits. They had mentioned that they each knew of several friends and family members that were able to win disability benefits right away.

For those of you who share their opinion, I would like to share some statistics published annually by the Social Security Administration (SSA). The statistics can be found here.

Below are some of the approval rates at the beginning levels of the Social Security disability process:

1) In 2009, there were 963,484 total Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) decisions made at the application level. 244,524 of the claims were approved. This means that in 2009 the Administration approved approximately 25% of applications.

2) At the reconsideration level in 2009, there were 327,300 total appeals and 21,416 approvals. SSA only approved approximately 6.5% of all request for reconsideration filings.

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 Posted on January 23, 2012 in Denied Social Security Benefits

The overwhelming majority of applicants applying for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are denied benefits. In some cases, it is not in the best interest of the claimant to appeal the claim. Yet, the majority of the time claimants should follow through with an appeal. An appeal keeps the claim alive and pushes the case through the disability process. Almost all denial letters note that the claimant has 60 days to file an appeal. However, some denial letters are quite confusing.

My firm receives calls from clients and prospective clients on a weekly basis stating that they need disability benefits, but Social Security told them that they are ineligible. When I take a closer look at the denial letters, the very first sentence sometimes states, "Important Notice-You Are Not Eligible for Benefits." I can see why claimants give up. For someone unfamiliar with the system, that very first sentence makes it seem as though there is no hope to continue with the case. In general, that same sentence is often followed by several paragraphs discussing why the claim was denied and how to appeal. Usually, the Social Security Administration is not saying that a claimant cannot apply but that they simply do not believe the medical evidence demonstrates that the individual is unable to work and therefore entitled to Social Security disability benefits. Meanwhile, that very first sentence in the letter can be quite misleading.

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 Posted on January 21, 2012 in Social Security Disability

Can I Get Unemployment Benefits While I Am Trying To Get Disability?

The question above has been more mainstream these days, with the economy struggling and people finding it difficult to obtain gainful employment. It has become so mainstream that The Wall Street Journalrecently published an article on the issue stating, "The higher unemployment rate this year accounts for 3,000 additional people applying for benefits(disability) each week." The article went on to explain that "people have been doing this out of desperation."

A claimant does not typically have any financial issues to worry about when he or she applies for Social Security Disability Insurance benefits (SSDI) after exhausting their unemployment benefits. The issue is when a claimant applies for both at the same time. A claimant must certify that he or she is ready and able to work and will continuously look for employment in order to obtain unemployment benefits. This makes sense, since the very goal of unemployment is to aid workers in their job search and encourage them to go back to work. However, when someone files for Social Security disability benefits they are stating that they cannot perform full-time work at an SGA level. Ultimately, a claimant is basically saying that he or she can AND cannot work when applying for disability and unemployment at the same time. This can be a serious problem in court.

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 Posted on January 14, 2012 in Social Security Disability

Should you hire a Social Security disability attorney or a Social Security disability advocate to help you with your disability benefits claim?

There are typically relatively strong opinions when asking this question to someone who practices in the field of administrative law.  As a Social Security disability attorney, my opinion is relatively biased. That said, it really boils down to the individual you are speaking to.  Maybe as a claimant you feel a better connection with a particular person over another. Maybe you feel as though one representative will be in contact with you more often, leading you to lean one way over another.

In general, I am inclined to suggest researching disability lawyers before looking into hiring an advocate.  The Social Security Administration regulates the fees that can be charged when representing claimants with disability claims.  Whether you hire the worst or best representative, if he or she wins your case you will be paying that individual the exact same amount.  If your going to pay the same amount of money to someone when you win, wouldn't you rather hire the best representative that your money can buy?

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 Posted on January 09, 2012 in Social Security Disability

For December's "Best Social Security Disability Blogs" of the month, we listed our top 5 blogs by Social Security disability lawyers nationwide:

Social Security Disability System Faces Independent Review In 2012 -North Carolina lawyer Hardison on his Hardison & Cochran Blog

The Second Time Around -Maine lawyer Gordon Gates on Social Security Disability Lawyer Blog

Asperger's Syndrome And Filing An Indiana Social Security Disability Claim -Indiana lawyer Scott Lewis on Indiana Social Security Disability Lawyer Blog

Potential Clients And Representation -Illinois disability lawyer Aaron Rifkind on Illinois Social Security Disability Blog

How Do You Contact The Judge To Update Your Hearing Testimony? -Georgia disability lawyer Jonathan Ginsberg on Social Security Disability Blog

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 Posted on January 06, 2012 in Social Security Disability

If you applied for Social Security disability benefits and were denied, going through the appeals process can keep the claim alive.  After potentially years of waiting and several denials, you may finally find yourself getting ready to go to an Administrative Law Hearing.  The hearing is very important and is the claimant's "day in court."  The judge will ultimately determine whether a claimant is entitled to disability benefits.  This is the claimant's chance to present his or her case and argue why they deserve benefits.

At a hearing, the judge will typically ask a number of different questions regarding work history and physical or mental limitations.  Your testimony can make or break your case.  Too often claimants find themselves in a position where they try to:

• Exaggerate pain
• Exaggerate limitations
• Make up medical conditions
• Give vague answers

Any one of the above actions can negatively impact your case. It is a good idea to be as honest and forthright as possible when testifying in court.  A judge reviews the entire medical record.  He or she will have a good idea whether a claimant is fabricating any of their testimony. Honesty is usually the best way to win a judge over.  Nothing can upset a judge more than listening to a claimant make up limitations that are completely unsupported by the record.  A good example of this is when a judge asks, "How much weight can you lift?"  A claimant may be inclined to respond that he or she can only lift 5 pound.  A 5 pound restriction would greatly increase your chances of winning your Social Security disability benefits claim if it were proven true.  However, if the judge finds evidence of that same claimant lifting grocery bags, cleaning the house, cooking, caring for children, or doing yard work it would be difficult for the judge to believe that the claimant really has that much of a weight restriction.

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