How do I find a Social Security Disability Lawyer?

To answer this question I will try and explain the different types of lawyers and representatives that are out there. There are big nationwide non-attorney companies. There are also big law firms that handle cases nationwide. You will also find local solo practitioners some who practice exclusively in social security disability and others who handle many types of law. You also have every other size you can possibly imagine between of both law firms and non-attorney companies. So how can you tell the difference if you want to be represented by a lawyer or law firm. First, if you want a lawyer working on your claim then you will have to know the difference between law firms and non-attorney companies. You can always call and ask them if they are lawyers but one easy way to tell whether the company you are considering is a law firm is if they advertise as lawyers. This might seem a little silly but any company that advertises that they are lawyers or that they are a law firm would by law have to be a law firm. You have to listen closely to the advertisement for the words lawyer, attorney or law firm. A company may have a name that sounds like a law firm but if you don't hear the words law firm or lawyer they are probably non-attorney advocates. The interesting thing here is some of the big disability firms that you see on TV all the time are no longer law firms. I noticed that many of the big firms are now calling themselves Social Security Disability advocates. This is probably because they made the switch from being a law firm or in some cases never were law firm to being non-attorney advocates. You might be wondering why one of these big companies would do this and lose their status as a law firm. There are a few reasons. One reason is purely economic. You do not have to be a lawyer to represent Social Security Disability claimants and get paid to do so. Fairly recently, a new law went into effect that allowed a non-attorney representatives to have their fee withheld by SSA from a claimants past due benefits just as they have been doing for lawyers for years. Some of the big law firms saw an opportunity to hire people who are not lawyers to represent SSDI and SSI claimants in their claims. As you can imagine the savings these big firms are able to make are huge by not having to hire a lawyers at a lawyer's salary. However, because these firms are now using non-attorney representatives they can no longer call themselves law firms. The other advantage to not being a law firm is that you are not subject to the many lawyer ethics rules on advertising. There are certain things lawyers and law firms cannot say or do in their advertising. Non-attorney advocates are not subject to the advertising restrictions that lawyers are. The purpose of this post is not to say that lawyers are better than non-attorney advocates when it comes to handling a Social Security Disability claim. The purpose of this post is only to make those who prefer to have a lawyer aware of how to distinguish between the law firms and non-attorney advocate companies. I decided to write this post because I have received e-mails from individuals who had hired some of these large non-attorney advocate companies thinking they were law firms and found out later they were not and were upset because they thought they were hiring a lawyer and did not find out they did not have a lawyer representing them until they had already hired them. In one case, the person did not know until he showed up at the hearing. So if you are looking to be represented by a lawyer for Social Security Disability I hope this post helps you to be able to distinguish between the non-attorney companies and the law firms before you sign the papers.

The stimulus package and its effect on Social Security disability and its beneficiaries.

The stimulus bill for 2009 is expected to have added funding for the Social Security Administration. Hopefully, this will help SSA deal with the increasing number of cases and the present backlog. It is also anticipated that the president a request a significant increase in funding for the SSA program in the 2010 budget. Also, as part of the stimulus package those of you receiving SSI and SSDI payments that live in the United States Puerto Rico or US territories will be entitled to a one-time payment of $250. It is my understanding, that you will get this payment automatically without you having to do anything. For those of you with SSI this $250 will not count as income. It is also my understanding that $250 will be tax exempt but you should check with your accountant. It is my hope that with the increase in funding to the Social Security Administration will help with the increased caseload and backlog SSA is experiencing due to the baby boomers and the declining economy. The key will be whether the money is spent efficiently to meet these goals.

Social Security Disability and the medical listing of impairments

If you are applying for Social Security disability benefits it is important that you read the medical listing of impairments for your particular medical condition to see if you may meet or equal any of these listings. If you feel you may meet or equal one of the listed impairments, you then should take a copy of the listing that you feel you meet and ask your doctor's opinion. If your doctor feels you meet or equal the listed impairment then you should ask him for a report. That report should contain the listing name and number and an explanation from your doctor as to why it is his or her opinion that you meet the listing. You should also include all medical documentation that supports the fact that you meet or equal the listed impairment. To meet or equal a listed impairment you must have a doctor's opinion that says you do. This is not the only way you can be found disabled but if you do meet or equal listed impairment you will be found disabled without consideration of your age education and past work experience. These listings were designed to be very difficult to meet for this reason. In many cases, people are found disabled at steps four and five of the process which take into consideration your age education and past work experience. The medical listings are at step three of the process. You can find all five steps of the process on my web page entitled am i disabled. This post is just a reminder to always check the medical listings because if your medical condition is severe enough to meet these listings then you'll be found disabled without having to go to steps four and five. This can be particularly important if you're under 50 years old because if you are under this age they can be much more difficult to win at the last two steps of the process.

The Basics of Disability Claims

If you are trying to win a disability claim whether it be Social Security disability or veterans compensation there are certain things you should do to give yourself the best chance to win. In this post I will not get into the details of a Social Security disability or VA disability claim but rather talk about general things you should do in either type of claim. Many of the things I will mention will seem obvious but sometimes the most obvious things are overlooked and can cost you your chance at winning your claim.

First, you should know what evidence SSA or the VA have. After all, the decision they make will be based on the evidence which they have in front of them. This brings me to my next point. Make sure all the evidence medical and otherwise that support your claim have been submitted to the decision makers of your claim. If you have a lawyer or representative all evidence should be sent to them so they can review it and then submit it. In VA cases you can find out what evidence they have by requesting your C-file and service medical records. In Social Security cases it can be a little more difficult to know exactly what is in your file at least until you get to the hearing stage when you can get a copy of your file. Before you get to the hearing stage you may want to call your local office to see what evidence they have been able to obtain.

Second, you should know what you need to prove to win your case. If the law is confusing to you and you are unsure of what you have to prove, then it may be time to consider getting a lawyer if you are not already represented. If you know what you have to prove and you know what evidence is in their file, you then can take the next step which is to get the additional information or medical evidence you need to prove your case. In some cases you may need to get medical evidence that is crucial to your claim that they do not have. In other cases, you may need an opinion letter from a doctor or vocational expert. Both the Social Security Administration and the Veterans Administration are often looking for very specific things and opinion letters from experts. You must know what those things are.

Lastly, the biggest mistake you can make is to think that you have a good enough case that you can leave it up to the VA or SSA to get the evidence for you. If you are not active in your case or at least have a lawyer that is, then don't expect your file to have everything you need to win. These government agencies deal with thousands upon thousands of claims. Only you or your representative have a personal stake in the out come of your claim. As I mentioned earlier, many of this may seem obvious but it does not hurt to read it because you may realize that you are not doing everything you can to give yourself the best chance to win your disability claim.

Looking for answers to your Social Security Disability Disability questions?

I have recently added a customized Google search function to my ultimate disability guide website. The Google search bar has been set up to only search my disability websites and blogs to help you find the information you are looking for for your disability claim. I decided to add this because many of you have e-mailed me that you wish you had a way to search for answers to your questions on SSDI, SSI, and veterans compensation. You can find this new helpful tool at my informational Social Security Disability website at the bottom of the navigation bar on the left side of the page. If you cannot find the answers to your questions here you are always free to e-mail me. If you are looking for help with your disability claim either from myself or a local disability lawyer you can call me at the number on the site, e-mail me or fill out one of the forms on the website. I am an experienced disability lawyer and the information I provide I believe you will find helpful in your pursuit of benefits. I think you'll find that my website is different from most of the websites you will find on Social Security Disability and Veterans Compensation. What makes my website different is that I actually give you useful information that can help you win your claim. If you spend a little time on my website and use the search function I think you'll find that I provide the best information available on the web. My websites and this blog are truly intended to help you understand the disability process and how to win your claim with or without a lawyer. If while reading my website you are having difficulty finding information you think would be of value to people reading the site please let me know because I am always adding new content to my sites.

VA doctors and SSDI claims.

There is good news for veterans who have had difficulty getting their VA medical providers to provide medical evidence for their Social Security disability claims. According to the NOSSCR Forum dated December 2008 there is a new VHA directive 2008-071. This directive makes it clear that VA medical providers are required to provide veterans with completed medical forms for non-VA issues. This is particularly helpful for veterans who are treated at VA facilities and are applying for Social Security Disability benefits. For years, many veterans and lawyers working for them on their Social Security disability claims have had difficulty getting medical evidence and opinions from VA hospital physicians. This directive should make it easier for veterans applying for Social Security disability benefits to be able to get medical forms filled out by their doctors that could help their claims for SSDI. I personally can attest to the difficulty in getting VA doctors to fill out forms for Social Security disability claims and I hope this new directive will assist our nation's veterans in obtaining the evidence they need to win their disability claims.

Doctors nexus letter in a VA disability claim.

Many veterans applying for veterans compensation benefits are aware that a nexus letter from their doctor can help prove service connection in their disability case. What I have found however, is that many nexus letters are inadequate and often times are given little weight by the VA. It is my personal opinion, that the VA relies too heavily on specific wording and other elements of the letter when determining what weight they will give that doctors opinion. But since the veterans administration is the one making the decision it is a good idea to try to include what the Veterans Administration is looking for in a nexus letter.

Oftentimes, the doctors that write these letters do not mention that they have reviewed the veteran's entire file and medical records. Believe it or not, this can be enough for the VA to disregard the doctors opinion. (This can also work to your advantage if you received an unfavorable C&P exam and the VA doctor does not mention that he reviewed the veterans file.) So if you're going to get an opinion letter from your doctor whether it be a nexus letter or an opinion of some other aspect of your claim it is important to give a copy of your file and any medical records you have to the doctor and tell him of the importance of him noting in his report that he has reviewed these documents. If the doctor references any thing from the file to support his opinion this can make the report carry even more weight.

For some issues, it is important that the doctor also perform an exam on you and state that his opinion is based on the veterans file, his medical records and his exam of you.

As I mentioned earlier, terminology can be very important in the nexus letter. You should let your doctor know that he does not have to be 100% sure in his opinion. You should provide him with the terminology the VA uses. Some examples are, if he is more than 50% sure he should use the phrase "more likely than not that the condition was caused/exacerbated during service. If he is 50% sure the terminology that should be used is "as likely as not that the condition was caused/exacerbated during service. If the doctor is less than 50% sure then the terminology that should be used is "less likely that the condition was caused/exacerbated during service. If a doctor is at least 50% sure (as likely as not) that your condition was caused or exacerbated during service then this is enough to demonstrate his opinion is that you are service-connected. More than 50% sure (more likely than not) is even better but not required.

Doctors opinion reports can be an extremely valuable tool in a be a disability claim if they are done correctly. If you have a lawyer or representative have them provide your doctor with a letter describing what is needed for your particular case. Every case is different and the type of report needed for a particular claim can vary so the above is just general information to give you an idea of what the VA is looking for. For additional information on VA disability claims or if you have any other questions you can e-mail me here or at the website linked in this sentence.

The Economy and Social Security Disability.

What do you do if you are presently working with a medical condition that causes you disabilities and you are lucky enough to be in the company that accommodates those disabilities but now you are concerned there may be layoffs at your company? This is a question facing thousands of Americans with disabilities. These fears are justified and for many of you in this position you may have to start looking at the possibility of applying for Social Security disability benefits if your company let you go. The best case scenario is that you are able to find another job that is willing to accommodate your disabilities. However, this can be a lot more difficult than it sounds depending on what your disabilities are. If you have worked for a company for many years and developed your medical condition while working for them generally they are more willing to take steps to accommodate your disability because of your relationship and experience in the job. When applying for a new job you do not have this relationship with the company, or possibly the experience the new job requires. This could lead to a frustrating search for new employment. There are laws in place to protect people with disabilities from being discriminated against when applying for jobs, however, we do not live in a perfect world and many companies will not be hiring, or will be looking to hire younger cheaper employees. In my opinion, those most affected will be those who worked for one company for many years and are now in the 50 to 65-year-old age group. The good news is for those of you who do have disabilities and are in this age group it can be significantly easier to be approved for disability benefits than for those under 50 years old. I would never recommend someone apply for Social Security Disability benefits over looking for new employment because generally working is better both financially and for one's personal well-being. But, for those who can't find employment with disabilities Social Security Disability may be your best option. If you have a disability and you have recently been let go or you expect that your company will be making layoffs now is the time to research all your options. To learn more about Social Security disability follow the link to my website so you can learn about disability and be prepared for what might lay ahead. In these uncertain times, you should learn all you can about all your options if you lose your job. My website can help you better understand one of those options. I sincerely hope that this is not your situation but if it is, you have a place to go to learn more about disability benefits.

SSA Commissioner Astrue's new intiatives.

SSA Commissioner Michael Astrue spoke at the recent NOSSCR conference. The Commissioner spoke of the decreased waiting times at the hearing offices as well as some new planned initiatives for the Social Security Administration. The Commissioner plans include opening up new hearing offices. He also hopes to be able to hire more administrative law judges and increase the usage of video hearings. Part of this initiative is also to allow lawyers and representatives the ability to conduct hearings from their office by video conference as well. The hope is that these initiatives will help deal with the increased caseload while decreasing wait times at the hearing level. There is also plans to develop new software to help with the decisions at the application level. In addition there are plans to develop a new system to deal with the occupation aspect of Social Security claims. The Dictionary of Occupational Titles also called the DOT has been the SSA's primary source for dealing with occupational issues. The Commissioner noted that the DOT is outdated. The commission also plans to update the listing of impairments on a more regular basis. The Commissioner also has a new initiative to allow "compassionate allowances". This would allow quicker decisions for claimants whose medical condition would clearly meet Social Security's definition of disabled. The above information is from my attendance at the NOSSCR conference and the Social Security Forum released by NOSSCR in the October 2008 edition. Commissioner Astrue should be commended for the decrease in wait times at the hearing level and for his active pursuit of new initiatives to make the Social Security Disability process better. The biggest question I have is whether SSI will have the funds in this new economic environment to be able to carry through on all these initiatives.

Social Security Disability NOSSCR conference

I will be attending the NOSSCR conference this week. This is a conference for members who help disability claimants get their benefits. I will be posting from the conference any interesting news about Social Security disability law that I hear about. These conferences also help me to come up with new ideas for posts for this blog. My goal is to provide you with as much information as I can about Social Security disability and attending every conference possible is part of that plan. Make sure to check back at this blog and my website for new information and tips on Social Security disability. There is many new and interesting developments in this area of law. In particular, Social Security is exploring new ways to help speed up the process. I will of course as always report on any new developments that may benefit you. In the meantime, I wish you all luck with your claims and remember to stay informed.

Experienced Social Security Disability Lawyer joins our firm.

I am pleased to announce, that in August 2008 I have hired a new experience Social Security Disability lawyer to my law firm of Kazmierczak & Kazmierczak, LLP.. Darren T. Suelto, Esq. will be working for our firm on Social Security Disability cases and long-term disability cases. Darren has eight years of experience in Social Security law and trial advocacy. He is a Brooklyn Law school graduate and was admitted to the New York bar in the year 2000. He also has a Masters degree in Business Administration which he received from Baruch College. At Kazmierczak & Kazmierczak we believe in hiring experienced Social Security Disability lawyers and Darren more than fits that bill. Mr. Suelto grew up in New York City and now lives in New Jersey. When not reviewing or developing cases, Darren likes music and cinema as well as traveling with his wife, Maila. Darren's experience and knowledge in Social Security disability law will not only benefit our firm but he will also contribute articles to this blog and my informational website on Social Security disability law. His articles should bring a fresh insight and contribution to my Web publications that are devoted to helping people understand Social Security disability law to give themselves the knowledge they need to help them in their pursuit of disability benefits.

Recent Conference on Veterans Disability Law

This past weekend I attended the NOVA conference. As usual, the conference was very informative and many topics were covered. One of the most interesting aspects of this conference was that they actually had a real case presented before the court of veterans claims. NOVA's membership has grown quite a bit, in fact, it has tripled since the first conference I attended. This is good news for the veterans as it appears more lawyers and representatives are taking the time and effort to learn how to become better advocates and representing veterans before the veterans administration. Most of the new lawyers at the conference that I met were primarily Social Security disability attorneys and workers compensation lawyers. It appears that more and more lawyers are getting involved in this field which should make it easier for veterans to find help with their claims. Conferences like this should make the transition from other fields of law into veterans law much easier. I want to thank all of the speakers at the conference for the exceptional job they did in sharing their knowledge and expertise for the benefit of veterans and the lawyers who want to help veterans. For more information on VA disability you can visit my website on the subject which will soon be updated to include more content.

I am clearly disabled for SSDI why was I denied?

What factors other than your medical condition and how it limits you affect whether or not you win your Social Security disability case? Some people make the wrong assumption that because they have a disability and medical evidence to prove it that this automatically means they will win their Social Security disability benefits. Unfortunately, this is not the case. The person who decide your case at Social Security can be as important as the disability and evidence itself. This may not be fair, but it is humans who ultimately decide whether or not you win or lose your social security disability claim. Some of these decision makers are favorable to claimants and others are not. You have no control over who decide your case. So you might be wondering, why I even mention this if you have no control over it? The reason I mention it is to keep you from being discouraged if you get an unfavorable decision. Social security has an extensive appeal process. So, even if you are denied you will have many additional opportunities to win your claim. If you know you are disabled and have the evidence to prove it then you should keep appealing. Each new appeal will be decided by a different person and your luck may change. Now I cannot say that some people who are clearly disabled have not lost all their appeals. However, chances are if you are disabled and have the evidence that shows you are disabled you will eventually have a good chance to win your claim. You should not ignore the fact that you have been denied you should look at it as a wake-up call to take additional steps to give yourself the best chance to win on appeal. If you have been denied and you do not have a lawyer you should definitely consider getting one at this point. The reason I say this is because even though you have other appeals you do not want to waste these opportunities to win. As I've mentioned earlier, it may just be the person deciding your claim but it could also be something you are missing. If you are denied you may also want to ask yourself whether you know what you have to prove to win your case. You must understand how the decision-maker at Social Security determines if you are disabled. If you know the process the decision maker goes through to determine if you are disabled you may learn what you have been missing about your particular case. You can then take steps to improve your claim.

Social Security Disability Check List

In this post, I will provide a small checklist for those trying to get their Social Security disability benefits. I hope that this will help some of you make sure that you have done some of the basic things that can help you win your benefits.

Did you collect and send in all your medical evidence? You should not rely on Social Security to get all your medical information. You should do whatever you have to do to make sure all of your relevant medical evidence is in your file for Social Security to review when deciding your claim. You can call Social Security to see what medical information they were able to get. You can also check with your doctor to see if your records were sent to Social Security.

Do you have opinion evidence from your treating doctors? This can be in the form of a report detailing your medical condition and how it limits you. You can also have your treating doctor fill out an RFC form. Without opinion evidence from your treating doctors in the file you will have to rely on what Social Security's doctors say your limitations are from your medical conditions. Your treating doctors are supposed to be given more weight than the opinions of the Social Security doctors so it is highly recommended that you get this opinion evidence from your doctors.

Do you understand what you have to prove to win your case? If you do not know what you have to prove to win your particular case you should research Social Security disability law as much as you can. You may also want to consider hiring a lawyer to help you with your claim.

Did you respond to all the letters you got from Social Security? If you received a letter from Social Security requesting specific information you should make sure you provide Social Security the information they are looking for. Read every letter you get from Social Security. You would be surprised at how many cases are held up or denied because claimants did not respond to a letter sent by Social Security looking for certain information.

Did you appeal your denial? You should make sure to appeal any denial you get within the time frame you are allowed. Most appeals must be filed within 60 days.

The above checklist is very basic and too many of you might seem like common sense but sometimes a simple reminder like this can help you realize you need to stay involved in your claim. I hope this information is helpful and wish you luck.

Social Security Disability Hearing

I will address how to prepare for a Social Security Disability hearing. The first you should know is that if you are at the hearing stage this means you have already been denied at least once and probably twice. Because of this if you do not have a lawyer yet you may want to consider finding one to help you. If you decide you still want to go it alone you will want to review your file at least one month before your hearing. In most cases you can call the hearing office were your hearing is going to be held and either make an appointment to go down there and look at your file or if your file is in electric format request a copy of your file on CD. You will want to make sure all your medical records are up to date and that you have a report or RFC form from your treating doctor explaining your medical conditions and your limitations from them. If you have any records missing or do not have a report or RFC from your doctor then you must make sure to take advantage of the time left before the hearing to get this information. You will also want to look at what the SSA doctors exams have to say about your condition. If you have a lawyer they should do this for you. To prepare for what will happen at your hearing I recommend you read my web page called Social Security Disability Hearing. You should also take the time to review the rest of my site so that you know what you have to prove to win your particular case. Keep in mind on the day of the hearing that you should not talk about your case with anybody but your lawyer while you are waiting in the waiting room. Something you say could be over heard. The two most important things you can do is make sure to be there on time and make sure your file has all the medical evidence. If you are unable to get some evidence you feel is important to your claim you can ask the ALJ for assistance in getting the information or ask for more time so that you may get it. Try not to postpone your hearing. Instead try to have the hearing and ask to get the records after the hearing so you won't have to reschedule. You should ask for a postponement if you have seconds thoughts and want to find a lawyer.

How things are going with new SSDI pilot program

My initial observations of the new pilot program that allows me to access clients files directly over the Internet are so far very positive. When accessing files at the local ODAR office I have very little trouble. I hope in the future SSA will allow access to files at the application and Appeals Council level and from what I understand this is eventually in the plans. I have not yet had the opportunity to submit a request for a fully favorable decision through the system but look forward to doing so at the earliest opportunity to see how that works. I know another post on this subject might not be of much interest to many of you but for any lawyer who practices in this field who might be reading this, I have to say it is a pleasure to be able to access my clients files at ODAR without having to wait for them. This will be my last post on this subject until I have something new to report. My next few post will be devoted to providing information helpful to those in the process of a Social Security Disability claim. I will write again soon.

Recent meeting with SSA on pilot program

This past Monday a meeting was held at SSA with the lawyers and representatives that are part of the new pilot program that will let representatives access the files at the hearing stage on-line. I am in this program and will update as to how the program is going every so often. If you want to read more on the Social Security Disability Pilot program see my website blog. One thing I was surprised to learn was that the Social Security Administration is ready to allow lawyers and representatives to hold hearings at their offices. I hope to be able to hold hearings at my office in the near future. It requires that the law firm buy the equipment and be checked by SSA for security. This should be very beneficial to claimants, lawyers and SSA in a number of ways. For claimants who live far from the closest ODAR office they will be able to have their hearing by video at their lawyers office which in many cases is closer to the claimant and a more comfortable environment. For lawyers, the advantage is they may be able to schedule more hearings even at different ODARs for the same day. It will also allow lawyers to spend more time at their office because they will not have to spend any time traveling to and from a hearing. For example, the hearing office I go to for most of my hearings is an hour away. When I have hearings I often do not get to spend any time at my office on those days. I plan to have the capability to hold hearings in my office in the near future. For SSA, the advantages are that a ALJ can hold hearings in several locations from their own hearing room thus allowing them to schedule more hearings. This does not mean that all hearings will be held from layers offices since the cost will preclude many firms from doing it and there are times when an in person hearing is important to a particular case. The bottom line is that these programs are a benefit to all claimants because it should decrease the processing time of cases at the hearing level. I must commend SSA and all the employees at Social Security who worked on these programs to get them ready as quickly as they did.

Veterans and Social Security Disability

I have noticed while answering e-mails from veterans that many veterans do not apply for Social Security Disability because they fear it will adversely affect their VA compensation. You can get both SSDI and veterans compensation. I have also heard from many veterans that they wanted to wait before applying for SSDI to see how their veterans compensation claim goes first and that they don't want to have to deal with applying for both at the same time. Now I understand that dealing with a claim before the VA and SSA at the same time can be a little overwhelming but it is important to file your claim for SSDI as soon as you are eligible if you can not work. The reason this is important is for two reasons. First, you can only get paid for SSDI for one year prior to your application. So waiting for a veterans compensation claim to be finished could cost you past due money you could be entitled to from Social Security disability. Also if you are applying for unemployability through the VA a favorable SSDI decision can be strong evidence that you should be entitled to VA unemployability if you were found disabled by Social Security on the same medical conditions you are service connected for. This post only is referring to VA compensation and Social Security Disability. SSI and VA pension are treated differently because they are needs based programs and eligibility for these depends among other things on ones financial situation. SSI and VA Pension are for those with very low income. if you have any questions about any of these programs you can contact me at VA and Social Security Disability lawyer.

Social Security Disability Article

I have an article in the July - September 2008 edition of Liver Health Today. I first want to thank the good people of the Liver Health Today for allowing me to be published in their magazine. My article covered how SSA determines if you are disabled and more specifically how cases of chronic liver disease are handled and how to give yourself the best chance of winning a Social Security disability claim for liver disease. If you suffer from liver disease I strongly recommend the magazine. You can subscribe by calling 1-800-792-6397 x133. I am making this post in hopes that some of you who suffer from chronic liver disease will know of this magazine that covers issues relevent to your condition. If you suffer from any of the chronic liver diseases and are unable to work and if you have any questions feel free to contact me at 1-877-527-5529 and ask for Karl.

Tips on how to win a Social Security Disability Claim

I will give you a few tips on how to win your SSDI or SSI claim. Many of these things I have mentioned before but if you are reading my blog and others like it then this is the information you are really looking for. I will discuss tips that help with all types of claims and you should realize that every case is very different but there are some common keys to preparing your case. First, learn enough to know what you have to prove to win your particular case. A good place to start your research on Social Security Disability is my website. Second, read the medical listing of impairments for your particular conditions. If you feel you may meet or equal one of those listings take a copy to your doctor and ask him or her. If they agree you should try and get a report from them that states the listing and why you meet that listing and have the rest of your records to support this. If you do not meet or equal a listing you will still need all your medical information but you will also need RFC forms or a report from your doctor that shows your limitations from your medical conditions. Look at the GRID Rules and see if you would be disabled under them given your age education and work experience and the limitations you have from your condition. If you do not meet a listing or fall favorably into one of the categories for the Grid rules then you will most likely have to show you can't even do a significant number of sedentary jobs (sit down work with very little lifting and standing). Important limitations to show here are any psychiatric or other cognitive limitations. Also any limitations of your arms and hands. You should also not forget your limitations from pain such as limitations in sitting long and difficulty in concentration. This is just a short list of tips but should get you going in the right direction. If you have trouble understanding what you have to prove and how to do it seek the help of a lawyer. Despite what many lawyers may tell I suggest you do not wait to be denied before getting help. Get it right from the start and your case may win at application and save you much time in the process.

Things you should know about Social Security Disability.

I have decided today to just list some things you should know about Social Security Disability. SSA uses a five step test to determine if you are disabled. Many people who write me about why they can't do the work they have been doing. This is not what determines if you are disabled or not. This is only one step in the process. See link above to see the steps the Social Security Administration takes to determine whether you win or lose.

A person applying for SSDI or SSI should not rely on Social Security to get the information needed to win your claim. They will send for some records from the information you give them but they can not be counted on to get everything you need to win. You need to be active in your case particularly with your own doctors to make sure you have all the prove you need to win your Social Security Disability Benefits.

Your age is a big factor in your chances of winning SSDI or SSI benefits. This is especially true for those with physical disabilities. If you are younger than 50 years old usually you will have a more difficult case.

If you do not speak English this can in some situations help your case but if you can speak and understand English and are trying to pretend you don't this will hurt your case tremendously as your credibility for everything else you state will come in to doubt.

If you have a letter from your doctor stating you are disabled this is not enough. ALJs and employees of the Administration often ignore these letters if they are not supported by the doctors own treatment records and the rest of the medical evidence. The decision of disability is for SSA to decide not your doctor.

If you do not understand what you have to prove for your particular case or do not have the ability to present your case well you should get a lawyer to help you. You do not have to pay lawyers upfront they get paid on a contingency bases and only get paid if you win your case.

There is much more you should know and you should research as much as you can even if you have a lawyer. For more information on what you need to know and how to win Social Security Disability follow the link.

Do You Qualify for Social Security Benefits?

You qualify for Social Security benefits when you earn enough "credits".  You earn credits by working and paying Social Security Taxes.  These credits are based on the amount of your earnings.  An individuals work history determines if you are eligible for retirement, disability, or your family is eligible for survivors benefits when you die.  For the year 2008 for each $1,050 of earnings you earn one credit, up to a maximum of 4 credits a year.  this amount needed to earn a credit goes up each year.  If you are in the military you also earn work credits.  The number of credits you need to be eligible for benefits depends on your age and type of benefit.  For all those born after 1929 to be eligible for retirement benefits you need 40 credits which amounts to 10 years of work.  For disability eligibility it depends on your age and when you became disabled.  if you became disabled before age 24 you usually need one and a half years of work or 6 credits in the three years prior to you becoming disabled.  If you are between the ages of 24 and 30 then you need credits for half the time until you became disabled.  If you became disabled at 31 years or older then you usually need 20 credits in the ten years before right before you became disabled.  i will now list the credits needed if you became disabled at the following ages:  31-42 years old you need 20 credits, at 44 you would need 22 credits, at 46 it would be 24 credits, at 48 you would need 26 credits, at 50 it would be 28 credits, at 52 you need 30 credits, at 54 you need 32 credits, 56 you need 34 credits, 58 you need 36 credits, 60 you need 38 credits, and at 62 or older you would need 40 credits.  The best way for you to know if you have enough credits is to look at the SSA statement you get every year from Social Security or simply call SSA at 1-800-772-1213.  For information see my website on Social Security Disability Benefits.

How do you prove you can't do sedentary work for SSDI?

In a Social Security Disability claim if you are under 50 years old or over 50 years old and have prior relevant work that is sedentary you will probably have to show you can't even do sedentary work to be found disabled. So how do you do this? If you don't know what I am talking about make sure to read how Social Security determines disability. To show you are limited to less than sedentary work you must think about your limitations from your medical conditions and how they would interfere with your ability to do a sit down job were you did not have to lift much if any weight. Now many of you with back problems might start off by saying you can't sit long. This is significant but will normally not be enough. The important thing here is why you can not sit long. It is probably because of pain. Pain can interfere with your ability to concentrate and focus on a task. Many pain medications can also interfere with these abilities. Many people who have chronic pain or illness also suffer from depression. If you suffer from depression make sure to get an RFC and treatment notes from your psychiatrist because depression can cause many limitations that would make even sedentary work difficult or impossible. Other things to consider are: Does your medical condition require you to take frequent breaks or elevate your legs? How frequently must you go to doctors for your treatment? Do you have days were you simply can not get out of the house? Do you have difficulty using your hands in any way from your medical condition? This is just a starting point to the types of limitations that can help prove you can't even do sedentary work. It is important to remember that it is not enough that you say you have these types of limitations it must be supported by your doctors opinion evidence and backed up by the medical record. You must think of how your particular medical conditions limit you everyday and think of how those limitations would affect you if you had a sedentary job.

OIG Looks at ALJ Productivity

There is much talk about the cause of the backlog of Social Security Disability and SSI cases. To see how long it takes at the hearing stage in your area click on this link. The Office of Inspector General recently released an audit report of the productivity of Administrative Law Judges to see if it played a factor in the backlog of cases. The Commissioner of SSA also has expressed the possibility that increasing the productivity of ALJs could decrease the backlog. SSA appears to be looking at setting some sort of minimal standard in terms of number of cases an ALJ should perform in a given year. There are several problems with SSA's ability to put a minimal standard of production on ALJs. First, Administrative Law Judges are supposed to be independent of SSA in their decision making. Therefore, SSA must be careful not to interfere with the ALJ decision making process. Second, the ALJs have a union that will probably appose any tough standard requirements for ALJs. Lastly, SSA will have to figure out what is an acceptable level of hearings per year for an ALJ. I remember the speech the Commissioner gave at the last NOSSCR conference and it was clear he was not happy about the production of some ALJs and expressed his frustration on his ability to do something about it, but it was clear he planned on working on the issue. I should note here that it has been my experience that the vast majority of ALJs are very productive, and as they should, balance that with the need for a fair hearing for the claimants. In my opinion, it is only a few ALJs that are not producing at a sufficient rate. However, SSA should have the ability to force those few to be more productive to help decrease the backlog of cases.

SSA Working on Updating Listings

The Social Security Administration has been working to update the medical listing of impairments. I will be very interested at the upcoming NOSSCR conference to see the progress they have made and the impact it will have on Social Security Disability claims. At the last conference SSA spoke about making the medical listings more current and easier to asses if someone meets a listing. There has already been a few changes to the listing. My hope is that the changes will help reduce backlogs by granting benefits to those with obvious disabilities earlier in the process. If they make the listings more understandable and more defined then the employees at SSA may be able to grant benefits earlier instead of "passing it on". I will be updating my page on the medical listing of impairments as they become available and as time permits. I will also report back anything I learn at the upcoming NOSSCR conference pertaining to the medical listings and any other topics I feel would be of interest to you.

How to win Social Security Disability benefits

Wining your SSDI or SSI claim is no different than trying to win anything else.  It takes hard work, knowledge, sometimes a little luck and almost always perseverance.  The hard work is the effort it takes to make sure you have all your medical records, RFCs, and doctor's reports.  This may not seem that hard but it often involves multiple request to your doctors and hospitals.  It can also be very difficult to get your doctor to write you a report or fill out an RFC form.  Some doctors will simply refuse to fill out forms or write reports and others will want to be paid for the time it takes them to write them.  You must acquire knowledge to know how SSA determines if you are disabled and what you need to prove your particular case based on SSA's rules.  This can be very difficult for someone who is not trained in law.  You can research the Internet but there are very few websites with any helpful information.  I do recommend my website and I have tried to make it as easy to understand as I could.  If you are just finding this part too difficult then you should consider a lawyer for your case.  Of course, there can be luck involved as well.  For example the person who is deciding your claim may be one who is very liberal in their interpretation of the rules or they may think everyone can work.  Perseverance is required because it often takes a very long time and you may be denied several times before you win your case.  It is important that you not get discouraged and keep appealing your denials.  This post may seem like very simple advice but it is also sound advice for wining your Social Security Disability benefits.

Social Security Disability Web Sites

Most of you who read my blog know that I also have a website devoted to Social Security disability information to help those trying to get benefits. I encourage you to read my website as I think it is the best resource on the web for those who are trying to win benefits on their own or who have a lawyer but want to know more about how SSA works and what they can do to help their lawyer win the case. You will find information like how to apply, how SSA determines if you are disabled, what happens at a hearing and most importantly tips on how to win your case. It even has pages on individual medical conditions like depression, back conditions, fibromyalgia just to name a few. If you want to know how long a claim takes for your area of the country you can find that as well. Take a look for yourself if you have not already and I think you will agree that the information on SSDI and SSI on this sight is second to none. If you do take a look I like to get feedback on what you like about the website and how I may improve it. Also if there is not information there that you are looking for let me know I am always adding new information, statistics, and tips. If you are thinking about applying for Social Security Disability or already have a claim going it is a great place to start your research. To view this website just click on the link at the top of the page.

SSDI and SSI Overpayment Rules Need Change

I know this is something that will never happen but SSA needs to consider changing their rules in regards to over payments in Social Security Disability and SSI payments. The way it is now even if the claimant is not at fault they will still usually have to pay the money back. Essentially if the claimant can "afford" to pay the money back then they are responsible for the pay back even if they are not at fault. I have seen over payments from a few hundred dollars up to over one hundred thousand dollars. What is almost comical to me is the payment notices that go to the claimant have way to many words and not enough information on how much the claimant is supposed to get and why. Then when SSA realises they made a mistake they act like the claimant should have known the amount they were getting is wrong. Anyway I am not suggesting that individuals who knowingly take money they know is not theirs should not have to pay it back. But sometimes you get a minor mistake by SSA that can over pay an individual just a little bit over many years and then all the sudden the government wants $20, 000 for the overpayment. The way the rules are now even though it was not your fault if you have enough money in SSA view to live on per month then anything extra should go to the overpayment. What makes matters worse is that almost no attorneys or representatives will take these cases. I made no attempt here to actually explain the exact language of the rules on overpayments. This was just a venting post on my part.

How to know if your lawyer is experienced in SSDI cases.

When looking for a lawyer or representative for your Social Security Disability or SSI case it might be wise to find out if the lawyer is experienced in these types of cases. So how do you do that? You can simply ask them how much of thier practice is devoted to SSDI or how many cases have they handled. You can also look to see or ask if they are a member of NOSSCR or NADR. NOSSCR is the National Organization of Social Security Claimants Representatives. NADR is the National Association of Disability Representatives. Some lawyers who handle SSDI claims have taken the step of getting certified in some form. Some states have certification programs and there is also certification through non-profit organizations like the National Board of Social Security Disability Advocacy. Some states do not recognise certification in the field at all. However, any lawyer who has taken the time to get certified in one form or another in my opinion is showing their commitment to this area of law. Also to get certified the programs I am aware of require a great deal of proof of a lawyers commitment to the area of law. None of this means there are not good lawyers and representatives that are not members of these groups or that are not certified by some organzation. I am providing this information so you have more tools in your home work in finding a lawyer.

Reporting Good News for Future Claims

I have recently learned that SSA by order of Commissioner Astrue will be suspending the proposed rule changes that would disadvantage claimants trying to get Social Security Disability benefits. The rule that would require evidence to be submitted 5 days prior to hearing has been halted. Also the closing of the record on appeal has also been suspended. The Commissioner after recieving concerns from Social Security representatives and lawyers about the proposed rule changes has reconsidered in light of the understanding of the difficulty claimants sometimes have in obtaining their medical records in a timely manner. It was also announced that the DSI program in the Boston region will be terminated. The DSI program was a tested new process in that region. It incorporated the five day rule on evidence and ended the claimants right to administrative review of unfavorable decisions by ALJs. This does not mean there will not be changes at some point but for now the Commissioner plans to meet with lawyer and representative organizations to discuss possible changes in system.

The Future of SSDI Hearings

I recently had a hearing were the claimant was in one state the ALJ was on video from another state and I flew in from NJ to be with the client in their state. After the hearing I started to think about the future of Social Security Disability hearings. The Social Security Administration will soon start a pilot program that will allow lawyers to have the client at there office for a video hearing with an ALJ who is at his hearing office. Will we one day see a time when all the different players in hearing are in different states all connected by video conference? I think we will and it may happen sooner than we think. One difficulty SSA has in getting hearings scheduled is when an VE, ME and or interpreter is needed. SSA is already using interpreters, VEs and MEs on the phone on occasion. You also see many claimants who are hiring lawyers in other states for their SSDI claims. So it appears logical that one day we may have hearings were the lawyer, claimant, VE, ME, interpreter and ALJ all all in a different state brought together for a hearing by video conference. This idea may scare many people that the process will become too impersonal and that this could disadvantage the claimant. On the flip side if it could cut down very significantly on how long a claimant has to wait to have a hearing it may be worth doing in some situations. As I have posted about before SSA has already set up a National Hearing office to deal with extremely long wait times of certain hearing offices by video hearings from that office. For people waiting for hearings in some areas of the country for well over two years the idea might not seem so bad if it can cut there wait time down in half. Who knows, but it seems more and more possible if not probable that this could be in SSA's future.

New budget for SSA sighned into law.

On December 26, 2007 the SSA budget was signed by the president. The Social Security Administrations new budget for 2008 will be $9,746,953,000. This amount is actually more than the President asked for. In my opinion, the amount if used properly should help deal with the growing case load and hopefully decrease the increasing wait times at the hearing level. It will now be up to Commissioner Michael Astrue to make sure the money is spent in a way that will help decrease waiting times and get better decisions. I have posted earlier on some of the Commissioner's plans to decrease these wait times and improve the SSA process. As I have stated before I like many of the new changes coming to SSA and hopefully this new budget will allow for at least the most helpful changes to be implemented. The source of the information is from the NOSSCR Forum.

Medical Listing of Impairments

In Social Security Disability claims one thing that is sometimes overlooked is the Medical Listing of Impairments also known as the Blue Book. If your medical condition is found to meet or equal a listed impairment then a finding of disabled is appropriate with out regard to your age, education or work experience. To meet or equal a listing you must have a doctors opinion that says so and it must be documented by the medical evidence. It can be extremely difficult to meet or equal a listing and it is designed that way. However, you should always view the medical listing for your medical condition and if you feel you meet the requirements have your doctor look at the listing. If the doctor agrees that you meet the listing a report from the doctor that addresses the listing and the supporting evidence on why you meet the listing can go a long way to proving it. You do not have to meet or equal a listing to win your claim but always check. To see how the medical listing fits into how SSA determines if you are disabled click on the link.

Board Certified Social Security Disability Specialist

I have have just recently been approved as a Board Certified Social Security Disability Specialist by the National Board of Social Security Disability Advocacy. I consider it a great honor and I am proud of this accomplishment. It should be noted that not all states recognize the title of Social Security Disability Specialist. I will be listing the states that recognize this title in the next few days when I have collected all the information. I just wanted to share this with my readers. I hope you all have a great New Years and wish you all a favorable decision soon. I have put some information about my Board Certification on my website. It will explain what it is and what I had to do to get it. It will also show how the different states view certification as well as the ABA.

Pace of decisions and scheduling of hearings will improve.

In the new year I think you can expect quicker decisions and more hearings being scheduled for Social Security Disability and SSI claims. In the past this has always been a very active time of year. Also many of the SSA initiatives to speed up the process are close to full swing. I have noticed a sharp increase in the amount of hearings scheduled for the new year. There are many reasons I am predicting this. First, SSA's e-file program has been started in all states and many of the case are now in electronic format. Second, SSA made a real push this year to get the really old cases done before the new year which hopefully will get them back on track for reasonable wait times for the rest of the cases. Third, SSA has brought back a program that allows attorneys at SSA to make favorable decisions at the hearing level before they are even scheduled for a hearing. I have noticed in my practice that I have been getting much more of these recently. Fourth, SSA has initiated a quick determination process for really strong cases that has shown to be successful in getting out quick decision in obvious cases. Lastly, the holidays are almost over and SSA employees will start to get back into the swing of things. Hopefully, I am right and you will all hear something soon.

Holiday Wish List Favorable Decision

I know the number one thing on many of your minds this holiday season is getting back a favorable SSDI, SSI, or VA decision. I hope this wish comes true for as many of you as possible. For those of you who have not received a favorable decision you might want to go through the following check list to see if you are doing all you can to win.
Did you get all your relevant medical records in?
Does SSA have RFC forms from your doctors showing your limitations from your medical conditions?
Do you have a lawyer?
Have you researched what you have to prove to win your Social Security Disability claim.
Have you learned about what happens at a Social Security Disability hearing if you are at that stage.
I wish you all a Happy Holiday Season!

Social Securirty Disability and Back Impairments

One of the most common medical conditions listed in a SSDI or SSI claim is some sort of back impairment. The more common conditions of the back and neck are herniated discs, spinal arachnoiditis, spinal stenosis, osteoarthritis, degenerative disc disease, facet arthritis, and vertebral fracture. How a claim for benefits is won for these conditions depends on many factors. I will try and simplify the way the majority of these cases are won. In general if you are over 50 years old and your prior work is considered light or heavier you will probably only have to show your back condition limits you to sedentary work to be found disabled. If you are younger than 50 years old or prior work was sedentary the case usually requires that you be found capable of less than sedentary work and there would not be a significant number of jobs you could perform. There are some exceptions to this see my web page GRID Rules to understand the whole picture. So if you are under 50 or over 50 but your prior work was sedentary how do you show you can't even do a significant number of sedentary jobs with a back impairment. There are several ways you can do this I will discuss a couple here. Your inability to sit for long periods of time is important but what is more important is why you can't sit for long. It is because of pain. Your documentation and testimony of pain is important because it can show an inability to concentrate in a work setting. The medication you take particularly narcotic pain medication can further decrease your ability to concentrate. It is also very common for those who suffer from a long history of back pain to develop depression. The symptoms of depression can have serious impacts on ones ability to do sedentary work. To see how depression can affect a disability claim see my page on depression and SSDI. If your back impairment is in your cervical spine it can often lead to pain and loss of sensation in your arms and hands and often times leads to headaches. All these limitations also interfere with ones ability to do sedentary work. For more details on back impairments and Social Security disability.

Proposed New Regulations Will Curtail Claimant's Rights

There has been proposed regulation changes that will in my opinion make it even more difficult to get a fair decision in a Social Security Disability claim. SSA is proposing new rules allegedly to speed up processing times but will ultimately lead to an unfair process to the claimant and in my opinion more denials. One of these changes would restrict the submission of evidence at the hearing stage. Evidence would have to be submitted 5 days prior to the hearing date. There are exceptions to this rule but it appears as if the discretion is left up to the ALJ. I know from experience in dealing with SSDI cases for many years that it is not always possible to get all the medical evidence in 5 days before the hearing. Lawyers and claimants are often pleading with doctors who treat the claimants to get the records in a reasonable time. There is a provision to address this but it sounds like the discretion is left to the ALJ. This would be fine if I did not know from experience that some ALJs will take this new procedure to deny almost all medical records submitted after the 5 days prior to hearing. Evidence submitted after the hearing would be even more restricted. I will cover this topic again when the final rulings are released.

Drugs, Alcohol and Social Security Disability

One area of Social Security Disability law which is hard to find on the Internet is how drugs and alcohol addiction are evaluated by SSA in a disability case. Many of you may have heard that you can not get SSDI or SSI for drug and alcohol addiction. This is true but just because you have an addiction does not mean you can't get disability based on other medical conditions. The drug or alcohol addiction can not be material to the finding of disability. SSA is supposed to first determine if you are disabled based on all your medical conditions including the drug addiction. If SSA finds you are disabled based on all your conditions they are then supposed to decide if you were not using drugs or alcohol would you still be disabled under their rules. Proving disability in these cases can be easier if you have a long period of sobriety and during that time period you are shown to still be disabled. It is a little trickier when you don't have a long period of sobriety. In these situations it can be helpful to have statements from your doctors that show what your limitations would be even if you were not using drugs or alcohol. You can even get disability for conditions that were probably cause by your addiction if they are disabling even if you stopped using. An example of this is you can get disability for severe cirrhosis of the liver caused by alcoholism if it is disabling absent alcohol abuse.

Social Security Disability and non-exertional limitations

In this post I will address the importance of what is called non-exertional limitations and more specifically about concentration. They are exactly what the sound like they are limitations on your ability to work that do not involve physical exertion. These limitations are most important in cases involving people under 50 years old, cases that involve mental disabilities, and cases were someone over 50 years old had past work that was sedentary in nature. How much one can lift and do other physical activities is important but when trying to show you can't even do a sedentary job non-exertional limitations are key. A sedentary job usually requires one to be able to sit at a desk and do the work. If you have limitations in memory, concentration, dealing with supervisors or co-workers you can see how this would prevent even this type of work. Many case are denied because SSA says you can do sedentary work. One example of an important non-exertional limitation that is often overlooked particularly in cases that involve back conditions is an inability to concentrate due to pain or side effects from pain medication. One question ALJ's like to ask claimants at a hearing is why they feel they can't do a sit down job. The most common answer in these cases is because "I can't sit that long". What is often not mentioned is why you can't sit that long. It is because of pain. If you get increased pain after sitting would this not interfere with your ability to concentrate on the task at hand. As stated earlier narcotic pain medication also is known to decrease ones ability to concentrate. Ones ability to sit for periods of time is important but many ALJs and vocational experts will find jobs you can do that have an option for sitting or standing as you need to. So don't forget to mention how your pain and medication make it difficult for you to be able to concentrate. To get more helpful tips on how to win SSDI.

How to Win Social Security Disability Benefits

The most important question I am sure most of you want to know is how do you win an SSDI or SSI claim for disability benefits. In this post I give some very general tips on what you can do to help your claim succeed. There is no trick to win your claim. However, if you want to give your self the best chance to win you should make sure to do the following things. Read as much as you can about Social Security Disability. Most importantly you need to know how Social Security will determine if you are disabled. Ounce you understand SSA's five step process for determining disability you can start to figure out how it applies to your particular case. There are several key ingredients to a successful claim. First, and often times overlooked is that you must have a "good" case. This means you have a medical condition or several medical conditions that interfere with your ability to do things that would impact your ability to work. Second, you must have all relevant medical records submitted to SSA. Third, you need RFC forms or reports from your treating doctors that show how your medical conditions affect your ability to do things. Fourth, you should be under the care of the appropriate doctors and taking your medication as prescribed. Fifth, you should have a "theory" of your case. This means you know how the law applies to your case and can articulate why you are disabled under SSA rules. If you do not fully understand what you have to prove in your particular case or you think your case may be difficult to prove you should contact a lawyer. You should not rely on Social Security to make your case for you and don't assume they got all your medical records. Make use of a good Social Security Disability resource such as my website and the SSA website. There are many more tips on how to win your claim for Social Security Disability available on my website. Lastly, these claims can take a long time and can be extremely frustrating but never take it out on the employees at SSA it will not help your case and may actually hurt it. I wish you luck in your pursuit of SSDI and SSI benefits and if you have any questions feel free to contact me.

Fibromyalgia and a Social Security Disability Claim

Fibromyalgia claims have a few unique challenges. First of all, the diagnosis of fibromyalgia by its definition includes the counting out of all other possible cause for the symptoms. There is no objective piece of evidence you can point to to prove you have the condition (like an x-ray or MRI). This makes your rheumatologist opinion and diagnosis extremely important. Your testimony at a hearing is also important because an ALJ opinion of your credibility will have a big impact on how he or she decides. Another difficulty with these cases is that one of the most disabling features of the disease is fatigue. It can be very difficult to show evidence of fatigue and how it limits you. I also often see date of onset problems and date of last insured problems because it often takes many doctors and years before a diagnosis is made. There also appears to be a general bias against fibromyalgia by SSA doctors and SSA employees. Lastly, this medical condition is often diagnosed in younger people which makes a claim for disability often times more difficult. This is one of the medical conditions were I almost always recommend someone trying to get Social Security Disability or SSI to find a lawyer who has handled these types of cases. A disability claim for Fibromyalgia is difficult but winnable but it sometimes requires allot of patients and proper development of your file. Read more on Fibromyalgia and a disability claim.

Here Come the Lawyers.

My observations at the NOVA conference is that there will soon be many more attorneys handling Veterans disability claims. I would guess that there was about twice as many lawyers at the conference than at the last one. Most of them were lawyers who handle Social Security Disability cases in their practice. I believe this is good news for veterans because it will be much easier for vets to be able to find lawyers for their disability claims. Social Security Disability lawyers should be able to make a fairly smooth transition into this field because there is allot of similarities in how you develop a case and they will be familiar with the medical terminology. SSDI attorneys are also used to dealing with a government agency. I have to mention how impressed I have been with the speakers at the conference. Many of the attorneys who spoke at the conference have been doing VA claims for years and they were more than willing to share their insight and knowledge with the lawyers hoping to enter into this field.

MS and Social Security Disability

Multiple Sclerosis is a difficult to diagnose disease and can be a difficult Social Security Disability case. One thing that makes MS cases hard is that many times a person out of work because of MS symptoms goes undiagnosed for years and when they finally get a diagnosis of multiple sclerosis they may be past the date of last insured (last day they are insured for benefits). Another problem with these claims is that the most limiting symptom for many people who suffer from this condition is fatigue. So when an individual goes to functional capacity exam they may perform pretty well but what is not seen is that the individual can do nothing for several days after the exam. It is a good idea if you suffer in this way to tell your doctor so it is in your medical records. I have more on MS and Social Security Disability on my website.

Speach by Commissioner of the Social Security Administration

Michael J. Astrue, Commissioner of the Social Security Administration spoke to the National Organization of Social Security Claimant's Representatives today. My impression is that he appears to have a good grip on the problems confronting him and the desire to make the changes necessary at SSA to try and fix them. He spoke of the baby boomer generation and the affect it is going to have on the Social Security system. He mentioned the obvious increase in the amount of people who will be on Social Security as a problem. What I did not consider and thought was quite interesting is that there is another problem from the baby boomers reaching retirement age. Many SSA employees are older as a result of the many hiring freezes that have occurred over the years. So many experienced SSA employees will be retiring as well. He mentioned that SSA will drop below 60,000 employees which is the lowest rate since the 70s. This tells me that more claims plus less SSA employees equals more delays in processing of claims. He also mentioned that 150 new ALJs will begin working in June. I will be reporting more on what The Commissioner had to say at my Social Security Disability website.

How does SSA view medical evidence.

A Social Security Disability file contains allot of medical evidence. So how does SSA determine what evidence should be given the most weight? The Social Security Administration is supposed to look at many factors when determining what weight they should give a particular piece of medical or opinion evidence. Notice I say supposed to because I have found SSA employees and ALJs don't always view it as they are supposed to. Generally, treating doctors are supposed to be given more weight than non-treating doctors. In other words your doctor's opinion is supposed to be given more weight than the SSA consultative doctors. Your doctors opinion must however still be consistent with the medical records in the file. Specialties are also considered by SSA. For example a diagnosis of depression by a psychiatrist is more "valuable" than a diagnosis of depression by a family doctor. What does this mean to you. You must make sure you have your treating doctors medical records and opinion of your limitations in the file. If you are seeing a specialist for your condition getting those records and opinion of your limitations from that specialist is a very important. One last note chiropractors are not given much weight so if you have a back condition an orthopedics opinion is much better. I have left out allot here but this is to give you a general idea of how SSA looks at evidence.

Make sure to check out my Ultimate Disability Guide.

Many of you who read my blog may already know about my website the Ultimate Disability Guide. If you want to learn about Social Security Disability I believe it is the best source on the web. I have tried to make everything as easy to understand as possible. I cover many topics including how to apply, how SSA determines if you are disabled, how to win your ssdi claim, what happens at a hearing and many more topics as well. If you are looking to learn about Social Security Disability visit the site. I update the site frequently so if you have not been there in a while make sure to check back often. Take advantage of this free resource the more you know the better chance you have to win your claim. Even if you have a lawyer you should try and learn all you can it can only help. I will write again soon.

I will be going to two conventions this month.

I will be attending a conferences this month on Social Security Disability and Veterans Disability. So make sure to keep checking back because I will report on any new developments in these areas of law. At the Social Security Disability conference I will be looking forward to finding out how the SSA program for Internet access to the SSA file is going and when it can be expected to be launched in full. At the veterans disability conference I am particularly interested in how the new law allowing lawyers to represent veterans is going and if there is any momentum for repealing this law that some groups are trying to do. i will also report back anything I think might be of interest to you and your claim for disability.

How important is testimony at a SSDI hearing?

Your testimony at a Social Security Disability hearing is extremely important. This does not mean you should study the possible questions you will be asked and memorize answers you think will help you. You should have an idea of the types of questions that will be asked but you do not want your testimony to come across as scripted. The perfect answer to a question for your case that is thought to be scripted can hurt you allot more than a bad honest answer. I have seen good medical record cases lose because of testimony and not so strong medical record cases win because of testimony given. The sure way to hurt your case is to clearly exaggerate your symptoms. The best way to help your case is to come across as believable and honest. The best way to come across as credible is to tell the truth about your condition and why it keeps you from being able to work. It is not just words spoken you are being evaluated the entire time you are in the hearing and sometimes in the waiting room. One example I often see is that claimants may exaggerate or not understand how long they can sit. A claimant may say "I can only sit 5 minutes" and then proceed to sit through the hearing for an hour. I understand that many times people sit in pain because they think they can't get up during the hearing but you can. Another example is if there is no record of you being prescribed a cane and back brace and you show up with a cane and back brace exposed over your clothes chances are the ALJ will think you are putting on a show. If you have a cane or brace that is not prescribed by a doctor but you need it and got it on your own, don't say it was prescribed by a doctor. Be honest and say I got it on my own because it helps. For more on testimony at a hearing go to my web page Social Security Disability hearing.

Access to Social Security Disability e-file anytime for lawyers

I have heard through the grapevine that SSA will soon be making available claimants files online through a secure network. This could be the most significant change the Social Security Administration has made in years. i say this because what it means is that a lawyer will have access to SSA's file on a claimant right from the beginning. By having this access a representative can make sure a file is fully developed as early as possible leading to faster decisions on claims. It will also save money for the clients because it will eliminate the lawyer from getting medical records that are already in the file. The way it is now it is extremely difficult for a lawyer to see what SSA has until the case is close to a hearing. This gives the attorney less time to get medical records and review files. If this new system is implemented a lawyer will be able to evaluate a case much earlier, get the medical records that are needed and if the case is strong enough write a pre-hearing brief and request a favorable decision right away so that the claimant does not have to wait the long time it takes to get a hearing. This would be a win for all parties involved. It should lead to faster decisions, better prepared files and ultimately less backlog for SSA. I will find out more at the next NOSSCR conference and report what I hear.

Why are denial rates so high at application and reonsideration?

Denial rates are significantly higher for Social Security Disability and SSI claims at application and reconsideration than they are at the hearing stage. In this post I will give my opinion as to why this is the case. Many people who apply often do so with out help of a lawyer and with out learning what they have to prove to win. Many people simply give the information to SSA and let SSA get the medical records and develop the case. There appears to be the attitude that I will see what happens and if I am denied I will get help with my claim. This leads to an underdeveloped file that is not ready for a decision and frequently results in a denial. At reconsideration which SSA is slowly getting rid of it is usually the same information being looked at by a different SSA employee. This is why reconsideration has such a high denial rate. If the information in the file was not enough the first go around chances are it won't be for the next SSA employee either. The denial rate decreases at the hearing level for several reasons. A greater percentage of the cases are represented by a lawyer or representative and the file has had more time to be developed properly. You also have the advantage of seeing an ALJ in person which adds a human element to the case and allows for testimony to point out things that the record by itself simply can not do. Many people come to me at hearing most of those files are extremely underdeveloped files. So if you do decide to do it alone make sure to become as knowledgeable as you can so that you know what you need and can get the information to win early.

Two New Pages Added to Ultimate Social Security Disability Guide

I have recently completed two new pages for my informational website on Social Security Disability called The Ultimate Disability Guide. The first new page deals with ssdi and ssi denial rates. The information provided should at least give you some idea of the rate at which SSA denies and approves claims. The chart shows the allowance and denial rates for ssdi and ssi at application and reconsideration.

The second page is about the backlogs at SSA and the average processing times for each Office of Disability Adjudication and Review or ODAR. This basically covers the time period between filling your request for hearing until a decision is made. So if you are one of the many people wondering how long does it take to get a decision at the hearing stage or as Social Security likes to say how long does it take for the claim to get processed. The above page link is for you but try not to get to discouraged by what you see.

New page on SSDI and SSI hearing wait times.

I have just finished my new page which gives the average processing times for social security disability cases at the hearing stage for every ODAR in the country. Go to the link above to see how long it takes for a case to be processed in your area. I hope this information is helpful in preparing you for the long delays at the hearing level.

SSA Backlog Highest It Has Ever Been

In July of 2007 there was a total of 749,224 cases pending. This is the largest amount of cases ever. The average processing time is a whooping 528 days. SSA hopes to hire about 1,000 new employees to deal with the increase. This will probably do little to help the situation. In the mean time those applying for Social Security Disability benefits look to deal with longer and longer wait times. The Social Security Administration is working on other initiatives to decrease the processing time which I have mentioned in other post and I will continue to update as more information becomes available. This information was obtained from the NOSSCR Social Security Forum.

How long does it take to get SSDI or SSI decision?

I have not posted in a while but I have been working on gathering statistics on how long cases are taking at each stage of the process. I know this is very important to allot of you and I am working hard to get accurate numbers. I will be posting the results over the next couple of weeks. I will try and cover wait times at the various ODAR offices or hearing offices and the local district offices. Check back often to get this valuable information.

SSA Medical Listing Changes

The Social Security Administration was supposed to change several of the medical listings by July of this year. SSA has recently announced that the present listing will remain in affect until July 2008 or until they are done with the update to the listing. So the medical listings have not changed and will not at least for a little while longer.

Slow Summer Months at Social Security

The summer months tend to be a little slow as far as SSDI and SSI hearings go. This is probably because many SSA employees and ALJs take their vacation time during this period. It usually picks up quite a bit as soon as fall rolls around. In fact I usually find the fall months schedule the most hearings. So if your hearing has not been scheduled yet and you are close to the end of your waiting period for your area hopefully your hearing will be scheduled in the fall months. The long wait times are the hardest part of applying for disability so try and be as patient as you can and if you have been waiting longer than 15 months or so for a hearing make sure to check up on your case.

Veterans Disability

I have been reading allot of rating decisions from the VA lately and I am amazed at how the Veterans Administration has handled some the claims for compensation and pension. I can clearly see why many veterans have been pushing to have the right to hire lawyers. Many of the ratings decisions show that the VA did not get all the medical and service files before making a decision. In others, I noticed the veteran was never sent for the proper exam or the decision maker flat out disregarded the opinion of the doctor who did the exam for the VA. I strongly believe that lawyers will help to make sure the files are properly worked up and ready for a decision before one is made.

E-File Less Than Perfect

I have had allot of experience with SSA E-File in Social Security Disability claims and although in general it is a vast improvement over the paper way of doing things there is a few things that need to be worked out. When a file is in electric format we are now supposed to send our medical records in by fax or using the Internet. To do this lawyers are given a bar code which tells the computer receiving the medicals which file it belongs to. It appears clear to me since I deal with many different ODAR offices throughout the country that the different ODAR offices are not on the same page. Some offices send a bar code and others act like I am crazy when I ask for it. I recently got medical records sent back to me that I sent to them in the mail. The letter said I have to send them in by fax using the bar code. Hard to do when bar code is not sent to me. I am just kind of venting here but overall I do see the benefit in the new process I guess it will just take time for all of SSA employees to come up to speed and fine tune the system.

Article on VA Disability

I know many of the Veterans out there are looking for news on VA Disability. I will be interviewed for an article on the website VA Watchdog on the new law that allows veterans to hire lawyers. When the article is released I will post it here so that it is easily accessible to anyone interested. It is a long time coming for veterans who have been fighting for the right to hire a lawyer in their disability claims. And an exciting time for lawyers who have been waiting to be able to help or veterans. Check back soon.

New Law for Veterans Disability Starts Today

Just a reminder that any Veteran who files a Notice of Disagreement today or after today can hire a lawyer to represent them in their claim for Veterans' Compensation or Pension. If you have any question about the new law feel free to e-mail me. You can also check out my site called Veterans Disability Lawyer Site. The site is in its early stages and will be updated with more information and tips on getting veterans disability as time goes on. Make sure to book mark the site and come back often.

Vocational Expert at Your Social Security Disability Hearing

What do you do if you find out there will be a vocational expert at your hearing? The first thing you might want to consider is getting a lawyer. A VE's job at the hearing is to give his opinion of your prior work and functional requirements of those jobs. The VE will then be given a hypothetical of what your limitations are from the judge. The VE will then give his or her opinion on whether given those limitations you could perform prior work. The VE will also be asked his or her opinion if there is any other work an individual could do based on those limitations. If the VE says there is other work he will then give the number of jobs available in the economy in both the local area and nationally. Seems simple enough so why should you have a lawyer? The lawyer will be given a chance to present his own hypothetical of your limitations based on the medical evidence that may be more restrictive than that given by ALJ. A lawyer can also challenge the VE's opinion and cross examine the VE to show the jobs the VE says you could perform you actually can not perform. See my website page on Social Security Disability hearings for more.

Baby Boomers Affect on Social Security Disability

One very important reason there has been so many process improvements at SSA is because of the expected explosion of cases from the baby boomer generation. I expect that the improvements in the process especially the move to electronic files will do allot to help but I think we can expect longer delays in processing time just due to the sheer number of cases that are expected in the coming years. Another problem with this increase in cases will be the financial health of the Social Security Administration. The days of ignoring the financial crisis of SSA is coming to an end. I believe over the next few years even the politicians will have to pay attention and actually take steps to fund the Social Security System. I don't pretend to have the answers on how this will be done but it must be addressed if this extremely important program is to continue.

Social Security to Hire More ALJs

The Social Security Administration is in the process of hiring many new Administrative Law Judges. This is a very important development because the backlogs at SSA for SSDI and SSI claims is a huge problem. I have noticed recently many ALJs retiring and they were not being replaced. With the number of claims increasing the backlog of cases was sure to get much worse. It looks like SSA realized this and is taking positive steps to make up for the lost judges and increased case load. I don't know were these new ALJs will be assigned yet but I will update this post when I get the information.

New Site On Veterans Disability

I have received many e-mails from veterans asking about veterans disability. As a response to this and realizing that there is very little information or help out there for veterans. I have decided to launch a new site called veterans disability lawyer site. It is in the early stages and currently only has limited information but I will continue to add information frequently. I hope this new site will help veterans with any questions they may have about veterans compensation and pension. If you are a veteran you may or may not be aware that a new law was past that allows veterans to hire lawyers much earlier in the process. I am now representing veterans so if you have any questions feel free to contact me.