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Social security hearing

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Limited Social Security Services Available During Government Shutdown

Due to the Federal Government Shutdown, Social Security field offices are open with limited services. Hearings offices remain open to conduct hearings before an Administrative Law Judge (ALJ). Social Security card centers are closed.

Social Security and Supplemental Security Income payments to beneficiaries will continue with no change in payment dates.

click here for full article and more details

 

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Preparing for Your Social Security Disability Hearing

You have been waiting for many months for your chance to have a Social Security judge decide your claim. You’ve been denied twice and appealed each determination. Up to this point, you really haven’t had an opportunity to explain to a real, live human being why you are unable to work. Finally, the day arrives when you have your chance to tell your story to a judge.

If you have an experienced attorney representing you, you should be very well prepared for your hearing. Your attorney will have provided Social Security with all of the relevant medical records to support your disability claim. In addition, your attorney may have obtained reports or forms from your treating providers which address specific disabling conditions or your ability to perform specific physical activities.

An experienced attorney will meet with you before the hearing to explain the process and what you can expect at the hearing. Every Social Security judge conducts hearings in a slightly different fashion, so it’s important that you are prepared for a variety of possible hearing procedures. Some judges like to ask all the questions and then allow your attorney to follow up with anything additional. Other judges may turn the hearing over to your attorney right from the outset and have your attorney ask all of the questions.

There may be a medical expert, a vocational expert, or both at the hearing. It will be your attorney’s job to question these experts as necessary following their testimony. Either of these experts may also ask you a few questions to clarify your testimony or to provide them with additional background information about you and your claim.

At our office, we typically meet with you in advance of the hearing and provide you with a general outline of the questions you can expect to be asked either by the judge or by me. You will also be provided with a summary of what is contained in the medical records so that your recollection of your medical care and treatment is fresh for your testimony.

Preparation is important because it is comforting to understand the process of the hearing and what type of questions you will be asked. It’s just as important to understand the types of things you will not be asked or things that the judge is not interested in. A hearing typically lasts only an hour or less, so we don’t want to waste the judge’s time with irrelevant or repetitive information. On the other hand, we certainly want to make sure that we provide the judge with all of the important information he or she needs to decide your claim favorably.

Most importantly, and I can’t stress this enough, make sure to testify truthfully and honestly. Social Security judges have heard thousands of people testify about pain and disabling conditions. If the judge suspects that you are exaggerating your symptoms or if you testify about medical problems which do not appear in your medical records, you lose all credibility and will probably lose your claim.

If you have questions about a Social Security disability claim, please feel free to contact Bradt Law Offices for your absolutely free consultation. We have been handling Social Security disability claims all across northern Minnesota for 30 years and are always happy to discuss your case at any stage of the claim process. We can discuss your claim over the phone or arrange for a meeting in our office.

If you have other questions about Social Security disability claims, you can visit our website where we have a list of common questions and answers, including:

1. What are Social Security disability benefits?
2. How much will I receive if Social Security decides I’m disabled?
3. How do I apply for Social Security disability benefits?
4. What do I do if my claim is denied?
5. When should I hire a lawyer to represent me?
6. How do I pay a lawyer in a Social Security disability case?

Thank you for visiting our blog.

Northern Minnesota Social Security Disability Hearings Now Held by Video Conference

If you live in northern Minnesota and have recently been notified of a hearing on your Social Security disability claim, there’s a good chance that it will be held by Video Teleconferencing (VTC). As a result, you may have the following questions:

-What is video teleconferencing?

–Can I request an “in person” hearing, instead of a video conference hearing?

-Are there disadvantages to having a video conference Social Security disability hearing?

Within the past year or so, the Social Security Administration has begun scheduling video conference hearings for northern Minnesota claims. Prior to that, Administrative Law Judges (ALJs) from the Minneapolis office would travel to Duluth or Hibbing and hold hearings where claimants and their representatives could appear live and in person. Apparently, the backlog in northern Minnesota became so great, that the Social Security Administration decided to begin using videoconference hearings with judges from outside the Minnesota area. In our experience, this change seems to have sped up the process of getting to a hearing. In the past, it was not unusual to wait as long as two years for a hearing after filing an initial application for disability benefits.

The videoconference hearings that I have attended with my clients during the past year or so have all involved judges from the St. Louis, Missouri Social Security Administration office.

A videoconference hearing is really no different than a live hearing, except that the judge is appearing on a television screen from his or her office hundreds of miles away. My clients and I typically travel to the federal courthouse in Duluth for the hearings. Generally, a vocational expert (VE) is present at the hearing in Duluth, although sometimes they appear by telephone conference. (Please see this previous post for more information about vocational experts.)

Procedurally, the hearings are identical to the way they would be held if the judge was present. There is a  video screen in the hearing room and the judge can see you and you can see the judge. Any witnesses who will testify are sworn in, and the hearing proceeds in the normal fashion. (See this previous post for a description of what happens at a Social Security disability hearing).  After a while, you hardly notice the fact that the judge is not in the same room with you.

Do you have the option of declining a videoconference and requesting an in person hearing?

Yes. The rules specifically provide that you have that option and the Notice of Hearing will also advise you of that right. If you prefer not to appear at your hearing by video teleconference, you must notify the Social Security hearing office within 5 days after you receive your Hearing Notice. The Hearing Notice also warns you that requesting an in person hearing “might delay your hearing to a date later than the current hearing date”.

Are there disadvantages to having a video conference Social Security disability hearing?

I have not noticed or observed any disadvantages to videoconference hearings and none of my clients have had any problems with the process. Anytime you can get to a disability hearing faster and with fewer delays, I consider that to be an advantage.

Summary

Just like the rest of the world, the Social Security Administration seems to be using more and more of the new technology that is available. After watching many of my clients over the past several years suffer both physically and financially, while waiting months and months for a hearing, I think the new videoconferencing procedure has been a welcome development.

If you have any questions about a Social Security disability claim or if you need an experienced attorney to represent you, please feel free to contact us at any time with questions or to schedule your absolutely free initial consultation. Attorney Steve Bradt has been successfully representing Social Security disability claimants all across northern Minnesota for nearly 30 years. We are happy to assist you in any way that we can with your claim.

Thank you for visiting our blog.

Some Tips to Help You Win Your Social Security Disability Claim

Attorney Steve Bradt, of  Bradt Law Offices, has been successfully handling Social Security disability claims for nearly 30 years. While every case is different and not every case can be won, there are a few things that you can do to improve your chances of winning your claim. This is the advice that we give to our clients early in every case:

Visit Your Doctor

One of the most important factors considered by Social Security in your claim will be the medical evidence. You have to understand that every person, who appears before every Social Security judge, in every case, tells the judge “I can’t work because I am disabled”. Obviously, Social Security cannot approve every single claim that is filed. Therefore, they will look very carefully at the medical evidence to see if it establishes the disability that you are claiming. If you haven’t been to see a doctor about a particular condition or claimed disability, there won’t be any evidence of that disability. While this seems like common sense, we are surprised every day at the number of people we speak with who claim to be disabled but haven’t sought medical treatment or haven’t been to a doctor in several months or years.

If you have ongoing medical problems which you feel are disabling, you should visit a doctor regularly for treatment. This helps Social Security see that you have a condition which has been diagnosed and treated and is consistent with the disability you might be claiming.

Follow the Treatment Recommendations of Your Medical Providers

It is very important that you follow your doctor’s treatment recommendations or use the medications prescribed for you. Many times, a Social Security judge will ask a claimant why they haven’t tried a particular form of treatment or why they are not using medication. If the judge believes that you might be able to work or that your disabling condition could be controlled if you were following your doctors instructions, you may lose your case. On the other hand, if you can a tell the judge that you have tried everything your doctors have recommended but you are still  disabled, you have a much stronger case.

Unfortunately, not everyone has health insurance or the financial ability to get treatment. If you are in that situation, make sure to explain to the judge why you haven’t been able to get all the treatment a doctor might have recommended for you.

Make Sure That Your Lifestyle Is Consistent with Your Claim of Disability

If you are claiming to be disabled from work, then your lifestyle should be consistent with that claim. In other words, if you tell a Social Security judge that you cannot work but are still able to hunt, fish, bowl, golf, hike, etc., the judge will not likely be persuaded that you are not capable of working. A Social Security judge will look very closely at the physical activities you are able to perform on a daily basis. Therefore, it is very important to make sure that the judge understands that any physical activities you perform are only done on a very limited basis as your medical condition allows. For example,  you may still do some  fishing or hunting, but you’ll need to explain that it is on an extremely limited basis, if at all, and is not anything at all like the fishing or hunting you enjoyed before you became disabled.

Tell the Truth

Perhaps the single most important thing you have going for you at a Social Security hearing is your credibility. If the Social Security judge believes your testimony, you have the best chance to win your claim. It is understandable that you may be in a desperate financial situation and feel the need to exaggerate your symptoms or disabling conditions in order to win the case. Don’t do it. If the judge suspects that you are exaggerating or being less than honest on any issues, she may find all of your testimony unbelievable and deny your claim. A key part of many claims is the amount of pain that you are experiencing and which might prevent you from working. It is essential that the judge believes you when you describe your level of pain and how it keeps you from working. If the judge doesn’t believe that aspect of your claim, , you will most likely lose.
If you have questions about a Social Security disability claim, please feel free to contact Bradt Law Offices for your absolutely free consultation. We have been handling Social Security disability claims all across northern Minnesota for nearly 30 years and are always happy to discuss your claim at any stage of the claim process. We can discuss your claim over the phone or arrange for a meeting in our office.

If you have other questions about Social Security disability claims, you can visit our website where we have a list of common questions and answers, including:

 

1. What are Social Security disability benefits?
2. How much will I receive if Social Security decides I’m disabled?
3. How do I apply for Social Security disability benefits?
4. What do I do if my claim is denied?
5. When should I hire a lawyer to represent me?
6. How do I pay a lawyer in a Social Security disability case?

Thank you for visiting our blog.

Why is there a Vocational Expert at my Social Security Disability Hearing?

If you have recently been through, or are getting ready for, a Social Security disability hearing, this may be one of the questions you have.  You may have received a notice about your hearing, telling you that there will be a Vocational Expert (VE) present at the hearing.  Some of the questions you might have are:

What is a vocational expert (VE)?

A vocational expert is a person who has experience and knowledge in the areas of jobs, job skills, job placement, labor markets, employment opportunities and similar matters. Ideally, the vocational expert testifying at a Social Security disability hearing would be a professional who spends a significant portion of time working to assist people in finding competitive employment in the workplace. Presumably, this would give the VE practical and reliable experience in assessing the availability of jobs and how they are performed in the workplace. The person who serves as VE at your hearing has been hired by the Social Security Administration as an “expert” to provide testimony on those issues in response to questions from the judge.

What does the vocational expert know about my situation?

The VE will review your Social Security file before the hearing to learn about your previous work experience. She will evaluate the jobs you have performed and classify your past employment in terms of skill levels and physical requirements. The vocational expert is almost always present at the hearing and will listen to your testimony to get additional information. On a rare occasion, at least in my experience, a vocational expert will not be present at the hearing and will be joined in on a conference call to answer questions from the judge.

What does the vocational expert do at my hearing?

After you have answered questions by the judge and your attorney or representative, the judge will then have a number of questions for the vocational expert. (At some hearings, there will also be a medical expert present to offer testimony, but that’s the subject for another post).

The judge may ask the VE if she has any additional questions for you to clarify your employment history or some of the jobs you have previously performed. The judge will ask the VE to describe your previous employment in terms of skills and physical requirements. After that, the judge will usually ask the VE a series of hypothetical questions, based upon your claimed disabilities and limitations.

The VE will offer opinions about whether you are able to return to any of your previous jobs or whether you can perform other jobs which exist in significant numbers within the regional or national economy. Depending upon what physical restrictions and limitations the judge is using, the vocational expert’s opinions will usually make the difference in whether you win or lose your claim. For a more detailed explanation about how the judge determines if you are disabled, please see this earlier post

Can I or my attorney ask the VE questions?

Yes. After the VE finishes answering the judge’s questions, you or your attorney may ask the VE additional questions (this is called “cross examination”).

Summary

This was a very short and generalized explanation of what a vocational expert is and does. Every Social Security disability claim is different, because every claim is based upon the specific facts and circumstances of your life. Each case is based upon a unique mixture of medical information, disabling conditions, educational backgrounds and work histories. Hopefully, this will give you a basic understanding of the vocational expert’s role in your Social Security disability hearing.

If you have questions about a Social Security disability claim, please feel free to contact us for your absolutely free consultation. Thank you for visiting our blog.

How Does Social Security Decide If You Are Disabled?

When you apply for Social Security disability benefits, in all likelihood you will be denied. The majority of applications are denied and your best chance of receiving benefits is to “hang in there” through the appeal process until you get to a hearing in front of an Administrative Law Judge (ALJ). Many people are completely baffled about the process the Social Security Administration (SSA) uses to determine who is, and is not, disabled. The determinations often seems to make no sense, particularly when you have significant disabilities and still lose your case.

Definition of “Disability”

Social Security disability law defines “disability” as an inability “to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death, or which has lasted or can be expected to last for a continuous period of not less than 12 months.” The fact that you can no longer perform your regular job duties does not necessarily qualify you for Social Security disability benefits.

There is a process which SSA follows in every case to determine who qualifies for disability benefits. The process is called the “five step sequential evaluation process”. If you are found to be disabled, or not disabled, after any of these steps, the process ends and SSA does not consider the next step.

Step 1. Are you engaging in “substantial gainful activity” (SGA)?

This is SSA’s determination as to whether you are working, as defined by SSA. They consider such things as what you are doing, if you are being paid and how much you are being paid. If your earnings are below a certain level, your work activities will not be considered substantial gainful activity.

Step 2. Do you have a severe, medically determinable impairment?

There must be medical evidence to support any claim of impairment. This generally means medical records or doctor’s reports which document your claim that you have an impairment of some kind which limits your ability to work. If SSA finds that you have impairments, but that they are not “severe”, the process ends. There is also a durational requirement, which means that your impairment must have lasted, or be expected to last, for a continuous period of 12 months.

Step 3. Does your impairment meet or equal a “Listing”?

If you are found to have a “severe” impairment, your claim moves on to step 3. SSA has a Listing of Impairments, which includes a wide variety of medical conditions, illnesses and other disorders. The listings include both physical and psychological conditions. (Examples: amputations, coronary artery disease, bipolar disorder, lumbosacral spine disorders, multiple sclerosis, etc.)

If the medical evidence establishes that your condition or conditions meets the requirements of a particular Listing, you are found to be disabled. Even if your impairment does not quite meet the definition in a Listing, SSA can find that your impairment is medically equivalent to, or “equals”, a Listing. If your impairment meets or equals a Listing, you are awarded disability. If not, the process continues to Step 4.

Step 4. Can you still do your past relevant work?

At this step, SSA will determine what your physical abilities are, based upon your impairments and the medical evidence. This assessment of your abilities is called Residual Functional Capacity (RFC). Your “past relevant work” means any job you have performed in the last 15 years. If SSA determines that you are capable of performing any of your past relevant work, you are not disabled. If you are not, the final determination of disability is made at Step 5.

Step 5. Are you capable of performing other work?

At this step in the process, there are a great many factors that come into play, including your RFC, age, education and work experience. This is often the hardest part of the process for most claimants to understand. SSA is not looking at your local labor market or your community in determining whether you can work. Rather, the question is whether you can perform work that exists in significant numbers in the national or regional economy. It makes no difference whether any of those jobs are close to where you live or whether they have openings. If SSA determines that you are physically capable of performing any of those identified jobs, then you are not disabled.

Summary

This was only intended to be a general summary of the disability determination process. There are many thousands of pages of Social Security regulations, rules, guidelines and decisions which govern the Social Security disability system. For every rule there are exceptions. At a Social Security disability hearing, a vocational expert and/or a medical expert frequently will be present to testify about your impairments, your RFC and your ability to perform past or other jobs. The judge will base her decision after reviewing all of the evidence and opinions from the witnesses.

What We Recommend

If you have any questions about the Social Security disability process or your claim, please feel free to contact us for your absolutely free consultation. Whether we can help you or not, you should always follow through on your claim through any appeals and hearings. You have nothing to lose but the time you have invested in your claim. The majority of people who ultimately receive Social Security disability benefits do so at the hearing level where they finally get to explain their disability to a real person – the Judge.

Except in rare cases, we generally do not become involved in a claim until after your second denial. That’s when you are requesting a hearing with a Social Security judge. At that point, we would begin to serve as your representative. We obtain medical records, request reports from your doctors and make sure that Social Security has everything in its file that might be helpful to your claim. We meet with you ahead of time to prepare you for the hearing and attend the hearing with you as your representative. Best of all, you only have to pay us if we win.

Thank you for visiting our blog.

What Happens at a Social Security Disability Hearing?

If you have applied for Social Security disability benefits and are reading this article, then your claim has probably been denied. If that’s the case, you are definitely in the majority, because most disability claims are initially denied.

After receiving your initial denial, you may have already requested a reconsideration and been denied again. Now it’s time to request a hearing, which will be held before a Social Security Administrative Law Judge (referred to as an ALJ).  So what happens at one of these hearings?

First of all, you should understand that yours will be only one of several hearings that the Administrative Law Judge will hear that day.  Therefore, the hearings are relatively brief, typically lasting one hour or less.

Where Will the Hearing Be Held?  For claims here in northern Minnesota, hearings are generally held at the Federal Courthouse in Duluth. There may be some exceptions where your hearing is scheduled for Minneapolis, Bemidji or some other location, depending on where you live.  Until just recently, hearings were also held in Hibbing.  The hearing may be held in the presence of a “live”  ALJ, or, by videoconference. Presently, many of the northern Minnesota hearings are being held by videoconferences conducted by judges out of the St. Louis Social Security office.

What Happens at a Hearing?  The judge and your representative will discuss some preliminary matters, such as when you are claiming that you became disabled and what medical exhibits and other evidence are in the hearing record.  The Judge will then ask you some questions about your employment history, the nature and extent of your disabling conditions, your medical treatment and your typical daily activities.  When the judge has completed his or her examination, your representative will then have the opportunity to ask you some additional questions to supplement or clarify any of the issues in your case.

Who Else Is Present at a Hearing?  Whether the judge is in the courtroom or appearing by videoconference, the other persons typically participating in a hearing will be you, your representative, sometimes a vocational expert and sometimes a medical expert.  Some judges always have medical or vocational experts, or both, at the hearings.  Each judge has his or her particular preference, so there may or may not be experts present at your particular hearing. Once your testimony is finished,  the vocational and/or medical experts will provide testimony in response to questions from the judge and your representative. Their testimony will deal with your functional limitations, medical impairments, employment history and ability to perform particular jobs or types of employment.

When Will You Get a Decision?  Sometimes, the judge will issue a favorable decision during or at the conclusion of your hearing.  Or, the judge may offer you a “deal”,  by determining that you are disabled in exchange for you changing your claimed disability date.  If that happens, your representative can explain your options and advise you whether you should accept any proposed deal from the judge.  Usually, however, you’ll have to wait for a written decision, which can take anywhere from a few weeks to several months.

What Can Bradt Law Offices Do for You?  If we represent you in a Social Security disability claim, there are a number of things we will do for you.  We will gather your medical records and submit them to Social Security to make sure that all relevant and available records are considered in your disability claim.  We may also ask your doctors for specific reports or disability forms that we can submit as well.  We will meet with you before the hearing and provide you with an outline of the types of questions you may be asked at the hearing and prepare you to respond to those questions.

We appear with you at the hearing, make sure that you understand your claim and the process, answer any questions the judge might have about the claim and cross-examine the medical or vocational witnesses on your behalf.  Finally, we only get paid if we win.  Our fees are 25% of any back pay you receive if you are found to be disabled.  We don’t receive any percentage of your ongoing or future benefits.

If you have any questions about a pending claim, or if you are simply considering whether to file for Social Security disability benefits, please feel free to contact us for your free consultation. We are always happy to review your claim and give you our honest opinion about your chance of success.

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