Your Social Security Disability claim was denied and now, after waiting over a year, you are getting ready to have a hearing in front of a judge. What will the court room look like? Who is going to be there? What is going to happen?
Your initial claim for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) was evaluated by a government employee who you did not meet with face to face and whose evaluation of your case was based on your medical records only. At your hearing, you will be given the opportunity to tell your story to an experienced judge. The judge will listen to your testimony and give you a fair chance at presenting your case.
What will the court room look like?
The hearing room in a Social Security case is much different than the traditional court rooms that you might have seen live or on TV. Your hearing will be held around a conference table. You will most likely be asked to sit in a specific seat across from the judge. Most people find that this small, informal setting helps them to relax and establish a dialog with the judge.
Who is going to be there?
Social Security hearings are not open to the public. The only people in your hearing will be the judge, a hearing assistant, you, your lawyer and possibly one or more expert witnesses. The hearing assistant will be recording the hearing on some type of audio recorder. The expert witnesses are there to help the judge to better understand the issues in your case. Expert witnesses are not there to help you or to hurt you. Expert witnesses come from a panel of experts selected by Social Security and may include a Vocational Expert who can describe the skill and exertion required for your line of work and/or a Medical Expert who can help the judge understand your disability.
What is going to happen?
The judge will introduce himself/herself along with the hearing assistant and the vocational and/or medical expert witnesses. He will then ask your attorney to state his/her name. The judge will then read a very brief statement setting out the issues to be heard. Your attorney will be allowed to introduce any new or updated copies of your medical records. Next, the judge will swear you in. The judge might ask your lawyer for an opening statement. The judge and or your attorney will then ask you questions and hear your testimony. After your testimony, the expert witnesses will also be asked questions by the judge and your attorney. The judge will not usually make a decision at the end of the hearing. You will get a written decision in about 4 weeks or longer.
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Friday, March 6, 2009
Tuesday, March 3, 2009
How to Apply for Social Security Disability Benefits?
There are 3 ways to apply for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). You can apply in person, online, or by phone. To apply in person, you need to visit your local Social Security Administration office. To apply online, you can visit the Social Security Administration web site (http://www.socialsecurity.gov). To apply by phone, you can call 1-800-772-1213 (deaf and hard of hearing, call TTY number: 1-800-325-0778).
The first step in applying for Social Security Disability or SSI is selecting if the disabled person is a child (under age 18) or an adult (age 18 or over).
Child (under age 18)
The Social Security Administration can provide you with a Child Disability Starter Kit. This kit answers common questions about applying for Supplemental Security Income (SSI) benefits for children, and includes a worksheet that will help you gather the information you need. After you review the starter kit, you should contact Social Security right away (either by phone of in person) to find out whether the income and resources of the parents and the child are within the allowed limits, and to start the SSI application process. You will also need to fill out the Child Disability Report which includes a form that gives the child’s doctor permission to send information about the disability to the Social Security Administration.
Adult (age 18 or over)
The Social Security Administration can provide you with an Adult Disability Starter Kit. This kit answers common questions about applying for benefits and includes a worksheet that will help you gather the information you need. After reviewing the starter kit, you will need to fill out the application (online, in person or over the phone). You will also need to fill out the Adult Disability Report which includes a form that gives your doctor permission to send information about your disability to the Social Security Administration.
When you apply for Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) you will need to provide all of your medical information which includes the names, addresses and phone numbers for your doctors, hospitals and clinics, the dates of your visits and any medication you are on. Some of the other information you will be asked to submit includes your birth certificate (and proof of citizenship or legal residency if born in another country), W-2 or federal tax return from last year, military discharge papers (if you were in the service), Workers comp information (if applicable), checking and savings account numbers, and the jobs you have had for the past 15 years.
After you apply for Social Security Disability Insurance or SSI, you must wait 3-6 months for your case to be examined and a decision to be made. If your initial application is denied, you can submit a reconsideration appeal. If you are still denied after the reconsideration phase, you can request a Judicial Hearing, where a judge will hear your case and make a decision. Applying for SSDI or SSI can be a very long and stressful process; you may want to consider the services of Social Security Disability Attorney.
The first step in applying for Social Security Disability or SSI is selecting if the disabled person is a child (under age 18) or an adult (age 18 or over).
Child (under age 18)
The Social Security Administration can provide you with a Child Disability Starter Kit. This kit answers common questions about applying for Supplemental Security Income (SSI) benefits for children, and includes a worksheet that will help you gather the information you need. After you review the starter kit, you should contact Social Security right away (either by phone of in person) to find out whether the income and resources of the parents and the child are within the allowed limits, and to start the SSI application process. You will also need to fill out the Child Disability Report which includes a form that gives the child’s doctor permission to send information about the disability to the Social Security Administration.
Adult (age 18 or over)
The Social Security Administration can provide you with an Adult Disability Starter Kit. This kit answers common questions about applying for benefits and includes a worksheet that will help you gather the information you need. After reviewing the starter kit, you will need to fill out the application (online, in person or over the phone). You will also need to fill out the Adult Disability Report which includes a form that gives your doctor permission to send information about your disability to the Social Security Administration.
When you apply for Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) you will need to provide all of your medical information which includes the names, addresses and phone numbers for your doctors, hospitals and clinics, the dates of your visits and any medication you are on. Some of the other information you will be asked to submit includes your birth certificate (and proof of citizenship or legal residency if born in another country), W-2 or federal tax return from last year, military discharge papers (if you were in the service), Workers comp information (if applicable), checking and savings account numbers, and the jobs you have had for the past 15 years.
After you apply for Social Security Disability Insurance or SSI, you must wait 3-6 months for your case to be examined and a decision to be made. If your initial application is denied, you can submit a reconsideration appeal. If you are still denied after the reconsideration phase, you can request a Judicial Hearing, where a judge will hear your case and make a decision. Applying for SSDI or SSI can be a very long and stressful process; you may want to consider the services of Social Security Disability Attorney.
Monday, March 2, 2009
Tired of Waiting for Your Social Security Disability Decision-Why Does it Take So Long?
Social Security Disability claims can take many months and sometimes years to process. The initial application for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) can take over 3 months to process; if the claim is denied it can take another 1-2 months to process a reconsideration appeal. If a claim is denied at the reconsideration level, a Judicial Hearing can be requested, which can take 1-2 years to schedule. There are several reasons it takes so long for the Social Security Administration to process Social Security Disability claims.
One reason for these long delays in the Social Security Disability claims process is that the Social Security Administration is understaffed. Examiners and judges have a very high case load in the Social Security Administration.
Another reason for long delays is because of the detailed approach that the Social Security Disability examiner uses to evaluate each claim. The examiner gathers all of the claimant’s medical records from the medical sources provided. If medical information in not current or if the medical records that are received do not address the medical conditions thoroughly, additional medical exams may be required. Each case must be thoroughly evaluated; unfortunately some severe Social Security Disability cases will take longer to process.
Every claim for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) is different. Some claims involving very severe disability may be approved in the initial application phase and benefits can be received very quickly. Other Social Security Disability claims may take many months and sometimes years before benefits are received.
Social Security Disability claims that are denied in the initial application and reconsideration phase are often approved in a Social Security Disability hearing. If you have been denied Social Security benefits for your claim or if you are scheduled for a Social Security Disability hearing for your case, contact a Social Security Disability attorney who can answer your questions and review your claim.
One reason for these long delays in the Social Security Disability claims process is that the Social Security Administration is understaffed. Examiners and judges have a very high case load in the Social Security Administration.
Another reason for long delays is because of the detailed approach that the Social Security Disability examiner uses to evaluate each claim. The examiner gathers all of the claimant’s medical records from the medical sources provided. If medical information in not current or if the medical records that are received do not address the medical conditions thoroughly, additional medical exams may be required. Each case must be thoroughly evaluated; unfortunately some severe Social Security Disability cases will take longer to process.
Every claim for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) is different. Some claims involving very severe disability may be approved in the initial application phase and benefits can be received very quickly. Other Social Security Disability claims may take many months and sometimes years before benefits are received.
Social Security Disability claims that are denied in the initial application and reconsideration phase are often approved in a Social Security Disability hearing. If you have been denied Social Security benefits for your claim or if you are scheduled for a Social Security Disability hearing for your case, contact a Social Security Disability attorney who can answer your questions and review your claim.
Thursday, February 26, 2009
Social Security Disability: Do I Really Need an Attorney?
Applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) is a lengthy and confusing process. An attorney who specializes in Social Security Disability and SSI will not only make the process much less stressful for you, but having an attorney will also increase the chances of your claim being approved by the Social Security Administration.
Social Security Lawyers have knowledge of the rules that regulate Social Security Disability and SSI. Many valid claims are denied because the evidence is presented in an unorganized manner without consideration to the methodology that Social Security uses to understand and approve claims. In Judicial Hearings, claims may be denied because the applicant does not present issues in a way that is convincing to the Judge. If you are pursuing disability benefits, even if you have been rejected in the past, it is important to consult with a qualified Social Security Disability Attorney.
Unfortunately, the Social Security Administration denies around 70% of all initial Social Security Disability claims. A Social Security Disability Attorney can evaluate your claim, help with your initial application and help you with your appeal. If your case goes to a Judicial Hearing, your Social Security Disability Attorney will ensure that you are well represented in court and will give you the best chance possible of obtaining a favorable outcome.
The chances of your Social Security Disability claim being approved are much higher if you have an experienced Social Security Disability Attorney working for you.
Social Security Lawyers have knowledge of the rules that regulate Social Security Disability and SSI. Many valid claims are denied because the evidence is presented in an unorganized manner without consideration to the methodology that Social Security uses to understand and approve claims. In Judicial Hearings, claims may be denied because the applicant does not present issues in a way that is convincing to the Judge. If you are pursuing disability benefits, even if you have been rejected in the past, it is important to consult with a qualified Social Security Disability Attorney.
Unfortunately, the Social Security Administration denies around 70% of all initial Social Security Disability claims. A Social Security Disability Attorney can evaluate your claim, help with your initial application and help you with your appeal. If your case goes to a Judicial Hearing, your Social Security Disability Attorney will ensure that you are well represented in court and will give you the best chance possible of obtaining a favorable outcome.
The chances of your Social Security Disability claim being approved are much higher if you have an experienced Social Security Disability Attorney working for you.
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