What happens at your Social Security Disability hearing? What should you wear? Who will be in the hearing room? In this 10 minute video, Jonathan demystifies the Social Security disability hearing process.
More on Episode 18 – How Can I Best Prepare for My Social Security Disability Hearing
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In this episode, I discuss the role of the vocational witness. In many hearing offices, Social Security judges regularly call vocational witnesses to testify in hearings. You need to understand who these witnesses are, why they are testifying at your hearing and their purpose for testifying.
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If you allege depression, anxiety or any other mental health problem, there is a good chance that your Social Security claims rep will send you out for a consultative evaluation by a psychologist on a panel maintained by your local Social Security office. In this episode, I explain what to expect and I discuss why this type of consultative evaluation can be so important to your case.
More on Episode 16 – What To Expect at a Consultative Evaluation by at Psychologist
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Show Notes:
1) MY HUSBAND HAS SIGNED UP FOR SSI DISABILITY 7 MONTHS AGO. AND HAS NO HEARD FROM THEM HE DID CALL AND ASKED ABOUT WHAT WAS GOING ON, AND WAS TOLD THEY ARE STILL INVESTIAGTING CLAIM.WE ARE ABOUT TO BE KICKED TO THE STREET FOR NOT HAVING MONEY TO PAY RENT…… HOW CAN WE GET THIS MOVING FASTER?
–Maryann
More on Episode 15 – Speeding Up the Process, and Part Time Work
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Show Notes:
1) dear Jonathan, i was finally able to go before the ALJ yesterday, my lawyer was 25 mins late and had no clue about the case ,we did not get together to discuss my case anytime before hand, needless to say i was trying to get across that i was having problems concentrating, what is this lawyers problem?, i was advised of nothing..i am late deafend hearing loss, have balance problems ,dizziness, and lack of concentration, i was ranting and raving like a fool, in there, trying to explain this concetration problem. Is there any hope of getting a favorable judgement. my dr still needs to do more test on me. i am also being treated for depression should i just forget about it , i cannot work. There wes one job that was there for me and nothing more. do i just need to forget about it?
–Denise
2) dear jonathan–i have a question about my hearing. The vocational ex. testified that with the judges prsumptions, no work available. how often does that result in an unfavorable decision and why? Thank you, and bless you for helping us on this site!
–Jill
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Show Notes:
1) I have a lawyer and I'm waiting for my ALJ hearing ( 1 1/2 to 2 years, I was told at the SS office) Due to financial issues, I was unable to continue treatment with the doctor that first diagnosed me with lupus, firbomyalgia and MCTD, and I now go to a charity clinic. My lawyer says that the date of onset of my disease, which my original doctor diagnosed, does not matter, but the illness coupled with the date I stopped working does. I am working now, going from part time to half time within 6 months, because of the pain my condition causes, even though it is a sedentary job. Is my lawyer correct, that it doesn't matter when I was diagnosed?
More on Episode 13 – Onset dates, part time work and SSI Offsets
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In this episode I discuss the term "residual functional capacity" and explain why your "RFC" is such an important part of your claim for Social Security disability benefits.
Technorati Tags: residual functional capacity, RFC
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In a departure from my practice of answering blog visitor questions, in this episode I am presenting an interview I recently conducted with attorney John Hogan, who represents Social Security disability lawyers in the 11th Circuit on the board of NOSSCR (National Organization of Social Security Claimant's Representatives). The issues that John and I discuss are timely in that on August 1, 2006 Social Security is launching a new disability determination process. This new process will be introduced in a few northeastern States this year, with the rest of the country being added year by year over the next seven years. John explains how the new process works, NOSSCR's role in advocating for both claimants and representatives and we both discuss our concerns about whether SSA can successfully make some of the big changes that are being planned. The interview runs about 27 minutes – which is a bit longer than my normal ssdRadio installment, but I felt that presenting this interview in its entirety made more sense than breaking it up into two shorter installments. If you are either a claimant or a claimant's rep and you have experience with or thoughts about this new adjudication process, please let me hear from you.
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In this installment, I answer three questions from listeners and I discuss Social Security's new Social Security Disability Regulations that go into effect on August 1, 2006. 1) Brenda writes to ask: "how bad does my health have to be before I can receive disability?" 2) Darrell asks: "how can I find out the status of my disability claim online?" 3) Scarlett writes: "my husband suffers from chronic pain, failed cervical (neck) surgery and he has had lower back surgery. His cervical vertebrae are fusing together on their own and he has uncontrollable spasms in his right arm and hand. His doctor will not give us a written statement. He filed is claim for Social Security disability in 2000 and the case has been appealed up to the federal district court. The district court has sent the case back to the original Social Security judge for a new hearing. Is it possible that the judge will make the right decision?" New Social Security Disability Regulations. See Troy Rosasco's post on Disabled Worker Law Blog.
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In this installment, I answer two questions from listeners: 1) Ron writes to say that he has received a notice from Social Security demanding that he repay $70,000. They contend that he has been overpaid. They have further advised him that "it is too late to appeal" and they have stopped his monthly check. Does he have any options. Reconsideration of Overpayment calculation-form SSA-561-U2 Request for Waiver of Overpayment – form SSA-632-BK 2) Liliane writes to say that he has received a favorable decision on her SSI claim but the onset date for her disability shown on the decision is the date the actual application was completed, which is about a year after she initially contacted Social Security to start the application process. She wants to know if she has any recourse to collect that missing year.
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Jonathan Ginsberg
