Maybe you have moved out of state and had to get a new lawyer on your Social Security disability case. Maybe you fired your lawyer. Maybe your lawyer fired you. But now, you have to find a new lawyer!
What is going to happen to the attorney fees?
Do I have to pay both lawyers?
There are two things that can happen: Continue reading Fees when hiring a NEW Social Security lawyer?
Now that I know the critical dates and the medical history I review the work history.
Social Security reviews cases using the 5 step sequential evaluation process. At step 4, if you are still able to do any of the jobs you performed in the last 15 years before you became disabled, you can be denied benefits. There are a couple more wrinkles to this, such as the job has to be a substantial gainful activity, but the general idea is that if you can still do a job your over the last 15 years, you can be denied.
That’s why your work history is so vitally important in a disability case. Here is how you get started. Continue reading Your Social Security exhibit file – Part 3 work history
What’s the next thing to review in the Social Security exhibit file after the medical records? Check these critical dates: Alleged Onset Date (AOD) & Date Last Insured (DLI)!
The E section usually contains for two documents that provide this information: Continue reading Reviewing your Social Security file – Part 2 Critical Dates
One of my colleagues in the fight to help disabled individuals get their Social Security disability benefits, attorney Johnathon Ginsberg, tackles whether you have to submit unfavorable medical evidence to Social Security.
I see this frequently in cases where there was a workers’ compensation case. “Company doctors” often minimize symptoms and generate records indicating that a claimant has the capacity to return to work. Other times I see unhelpful records in cases where my client just did not “click” with his or her physician or psychiatrist.
So, does that mean you can hold back evidence that doesn’t help your disability case? Continue reading Do you have to give bad evidence to Social Security?
Let’s say you are reviewing your Social Security exhibit file before your disability hearing and you discover that some of your doctor’s (or other records) are not there. I have mentioned before that it is not unusual for the medical records in a Social Security file to be a year or more out of date.
What can you do if the records are not complete? Continue reading My Social Security file is missing records
How do you begin to review your Social Security exhibit file? Here is a quick guide to finding the really important parts.
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If you do not review anything else in the file, you need to know what medical records are there (and what records are missing).
Here is what I look for: Continue reading Reviewing your Social Security exhibit file – Part 1: Medical Records
Just before your Social Security hearing, you will be given a cd and pointed at a computer. If you ask, someone may help you load up the disk and get you to a screen that looks like this:
Ok, now what?
What is all this stuff and what do I do with it?
Continue reading What is in a Social Security file?
I was asked to address some of the issues parents should consider when deciding whether to start an application for Social Security disability benefits (typically children’s Supplemental Security Income – SSI – benefits) for their disabled child.
Many parents worry that if their child receives Social Security disability benefits, they will be labeled as “disabled,” and carry that for the rest of their lives. Even beyond being on disability, the child may be diagnosed with a socially stigmatizing condition such as mental retardation.
I want my child to have a normal life. I want my child to overcome this. Will being “disabled” make my child stop trying?
Continue reading Children’s disability and self esteem – should you apply for your child?
Working while applying for Social Security disability benefits is a topic I have previously discussed. However, reading that article, you might come to the conclusion that it is never a good idea to work if you are either on, or applying for Social Security benefits (including Supplemental Security Income – SSI benefits).
However, there are circumstances where trying to go back to work may help a individual’s case. Continue reading Trying to work and Social Security disability
What happens to your Social Security case if your condition improves and you can go back to work? If your disability meets the “durational requirement,” you may still qualify for a closed period of disability and still be entitled to Social Security disability benefits.
Most claims for Social Security disability benefits ask for an “open” period of disability: you are disabled now and for the foreseeable future.
So, what is a closed period of disability? Continue reading What is a “closed period of disability” in a Social Security case