When preparing for a disability hearing, an attorney will frequently receive hundreds of pages of medical records, many of which have nothing to do with your impairment. Your attorney will review the medical records to see what is relevant to your case and submit only that information to Social Security.
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It is not unusual for attorneys to wait until a month or two before a disability hearing to first speak to a client. Up to that point, your only contact with the law firm may be with paralegals or administrative assistants.
If you don't meet a disability listing or cannot "grid" out of work, your attorney must be able to prove to the SSA that you cannot do even a sedentary (sit-down) job. (The grids lay out the rules only for those who can do medium work, light work, or sedentary work.)
Your lawyer will want to make sure that Social Security gives the opinions of your doctors as much weight as possible. To do this, your lawyer will want to: use detailed opinions only from doctors who are specialists in diagnosing and treating your condition, and
In the past, Social Security had to give more weight to the opinions of treating doctors who have treated you for a period of time, who know your medical history, and are supportive of your disability claim. As of March 27, 2017, this is no longer true.
By David A. Morton III, M.D. | Updated by Nicole Moberg, Attorney. For a Social Security disability (or SSI) case, medical evidence takes many forms, including physician examination and treatment notes, mental health records, bloodwork panels, and reports of imaging studies (MRI, CT scan, and X-rays).
Don't panic when you receive the Disability Update Report—it is only a screening form. Answer the questions honestly because SSA can check your bank accounts and IRS records to see if you have started working again.
If improvement is possible, but can't be predicted, we'll review your case about every three years. If improvement is not expected, we'll review your case every seven years. Your initial award notice will tell you when you can expect your first medical review.
Non-medical redeterminations are reviews of all of the non-medical factors of eligibility to determine whether a recipient is still eligible for Supplemental Security Income (SSI) and still receiving the correct payment amount.
About the SSA-455 The Disability Update Report is sent to beneficiaries who Social Security determined have a low probability of medical improvement when a previous full CDR was done.
Unlike private insurance companies the SSA does not generally conduct surveillance investigations, but that doesn't mean that they can't or never will. Once you file a disability claim, the SSA looks for proof of your disability.
Making Statements That Can Hurt Your Claim – Unless you are specifically asked pertinent questions, do not talk about alcohol or drug use, criminal history, family members getting disability or unemployment, or similar topics. However, if you are asked directly about any of those topics, answer them truthfully.
THE SSA INVESTIGATION USUALLY STARTS WITH THE INTERNET SSA opens their investigation by looking for you on the internet. They will look up your name, phone number, and address. They usually already have this information, but they are checking it to make sure you are living at the address that you say you are living at.
1. Arthritis. Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. If you are unable to walk due to arthritis, or unable to perform dexterous movements like typing or writing, you will qualify.
It means you were approved. The non-medical is just an SSI financial review. For hearings, there is one extra step. After the judge, makes a decision, the judge will send the decision to some people called decision writers.
Non-Medical Qualifications for SSIearned wages from work;money received from other sources like workers' compensation, VA benefits, friends, relatives, etc.; and.free food or shelter that you receive.
A nonmedical source is any source of evidence who is not a medical source. This includes, but is not limited to, the claimant, educational personnel, public and private social welfare agency personnel, family members, caregivers, friends, neighbors, and clergy.
When you first contact an attorney for representation, either the attorney or a firm staff member will conduct an initial interview with you to gat...
Your attorney, or a staff member in the law firm, will request the medical records needed to win your claim and submit them to the Social Security...
It is not unusual for attorneys to wait until a month or two before a disability hearing to first speak to a client. Up to that point, your only co...
The SSA allows you to bring a witness to testify about your disability, but because witnesses can be harmful or helpful, your attorney will decide...
Your disability lawyer will determine the best way to win your case. First, your lawyer will review your denial letter from Social Security to get...
There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your condition meets a disability "listing". prove that you "grid" out of all work (including not being able to do your past work) prove that your non-exertional limitations prevent you from working, or.
To prove you are not capable of sedentary work, your attorney will use the documented symptoms of your illness, the opinions of your treating doctors, your testimony, and any other objective medical evidence in your file to show why you can't do various sit-down jobs.
The grid is a system developed by the SSA to decide if a person is able to work based on the highest exertion level of the job he or she can perform (sedentary work, light work, or medium work), along with the applicant's age and education level.
When you first contact an attorney or law firm for representation, either the attorney or a firm staff member will conduct an initial interview with you to gather the basic facts of the case. These facts are used to help determine if the firm will take your case. The interviews are usually done by phone; however, ...
The SSA allows you to bring a witness to testify about your disability , but because witnesses can be harmful or helpful, your attorney will decide if witness testimony is necessary to win your case. Your lawyer may be interested in asking your caregivers or former employers to write letters in support of your disability.
You must answer all of your attorney's questions as honestly as you can—even if the questions are embarrassing or you feel ashamed of the answers. Otherwise, your attorney cannot represent you effectively. Remember that your attorney is not there to judge you, but to help you win your claim.
Remember that your attorney is not there to judge you, but to help you win your claim. Also, keep in mind that anything you say to your attorney is privileged. This means that your attorney can only share information with others that you want him or her to share.
Your attorney will ask your doctors for supportive statements, submit only the relevant medical records to the judge, and know how to handle bad evidence. In preparing to represent you in a disability appeal hearing, your attorney will want you to answer some detailed questions about your symptoms and limitations.
A good disability lawyer will develop the best theory of disability for winning your case, prepare you for your hearing, and arrange for witnesses. Hearing approval rates are about twice as high for applicants who bring lawyers. To learn how a disability lawyer handles other aspects of your case and appeal hearing, ...
If your attorney attempts to cover-up the evidence or mislead the ALJ about its importance, both you and your attorney's credibility will be damaged.
Your attorney will review the medical records to see what is relevant to your case and submit only that information to Social Security. Because of their heavy caseloads, administrative law judges (ALJ) do not have the time to sift through hundreds of pages of documents to determine what is relevant and what isn't.
In the past, Social Security had to give more weight to the opinions of treating doctors who have treated you for a period of time, who know your medical history, and are supportive of your disability claim. As of March 27, 2017, this is no longer true.
When trying to prove that you can do what Social Security calls "less than sedentary work," your attorney will need medical evidence to prove that you have certain functional limitations, like not being able to lift ten pounds or needing to lie down frequently during the day .
It is not uncommon for medical records to contain information that is not only unhelpful but may be harmful to a disability applicant's case. Social Security regulations and ethics rules require a disability attorney to submit all relevant evidence to Social Security.
There are several reasons your SSI or SSDI application may be denied by the Disability Determination Services Office: the condition is not expected to last for 12 continuous months or the SSA determines you are not disabled and although you may not be able to continue to work your previous job, the Social Security Administration has decided you can retrain for new work..
The mental or physical health condition is a short-term condition (it will not last for at least 12 continuous months)
Its always a bit dismaying when disability claimants have no idea what is happening with their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) case.
If you are denied SSDI or SSI benefits at the hearing level you also have 60 days to request a review by the Appeals Council.
Yes, you can fire your disability attorney, but keep in mind, they are likely to get a percentage of your back pay if you do end up winning your disability case after they have been fired.
However, it will not preclude your initial disability lawyer from petitioning Social Security for part of the fee in your disability case if they refuse to sign a withdrawal letter.
However, there are some disability lawyers and disability representation firms that refuse to sign any kind of withdrawal letters so that they can petition for part of your disability fee should your claim be approved for disability benefits.