Video Transcription:

“Hi my name is Andrew Kinney, I’m an attorney with Hoglund Law offices.  I practice Social Security Disability Law.

This video today is about filing applications online.  Social security allows you to file an application online.  You can also call social security’s 800 numbers.  That has been a traditional way of filing for a long time.  A third way to apply for Social Security benefits is to go to a local office and appear in person.

There are some benefits and drawbacks to this.  The benefit would be convenience.  If you file online you’re able to explain to Social Security what’s wrong, how long you’ve had the problems, and you’re able to on your own at least assert that you’re applying for social security benefits.  But there are some pitfalls to applications online.

The first is, when you’re online, looking for people to help you with it you’ll notice some people may appear to work for the government when they don’t.  There are attorneys and non-attorneys nationally that advertise to help you file online.  So this video hopefully will make it clear that for you, you need to have a game plan.  The game plan should be, if you want to have legal representation we recommend that you have a licensed attorney.  Hoglund Law offices only use licensed attorneys.

The second is, if you wish to file online you can get our help.  It is an option.  We recommend using our help because there are some elements of filing online that are strategic, and the only way you would know is if you get professional assistance from us or our staff.

The other drawback of filing online is that if you’re on your own, you need to keep going online.  If someone is denied there are timeframes to appeal, and what is beneficial that someone is helping you on the front end is that they’re ready as we are to make sure to appeal online for you.

Ultimately filing online is a possibility and it can be done, at least it may lock in when you ask for benefits.  But at any stage of the process, considering social security benefits, if you’ve already applied, or if you’re on appeal, if you would like the help from Hoglund Law offices please feel free to reach our phone number at 1-800-850-7867, again 1-800-850-7867.  It should be at the bottom of your screen.  Also you can look online at www.HoglundLaw.com“

If you’re under the age of 50 and thinking of applying for Social Security disability, consider
this.

Applicants under the age of 50 must prove they can no longer work – not only their previous line of work but any kind of work, even at the sedentary level. You must prove that, due to your medical condition(s), you are unable to work on a full-time basis due to the inability to sustain eight hours or continuous work five days a week.
The Social Security Administration (SSA) has established two regulations, 96-8P and 96-9P, to evaluate someone’s ability to perform work on part-time basis or a less than sedentary basis. A sedentary job is considered the easiest to perform: You must be able to sit for six hours during an eight-hour day, stand for two hours, and lift up to 10 pounds. Additionally, jobs require employees to be on task, show up for work on time, and be productive.
With these regulations, we can demonstrate how physical and mental limitations would erode even sedentary jobs to the point competitive employment would not exist in the national economy. When basing your argument
on these regulations, however, one must tread lightly when stating your case to the SSA and in front of the judge.
At an administrative hearing, testimony is taken under oath. It is understandable that pride may prevent you from being honest, but it is important to testify honestly. This is especially true when testifying about pain. If someone testifies that their pain is always a 10, it’s likely the judge will view the client as lacking credibility and able to work on a full-time basis. That being said, it important that those testifying at a hearing do not testify about how much pain they are in on their worst days, but a typical day with the use of medication.
Moreover, at an administrative hearing, judges will often ask those testifying about what they are able to do in a typical day. Take time to remember what you are able to do around the house and for how long. If you can clean, how long can you clean for and why do you have to stop? If pain is preventing you from working and you have to take breaks or lay down, give the judge specific time frames. Again, the judge may question how you can maintain employment if you can only complete tasks and responsibilities for a short period of time. The judge will try to determine what you can and cannot perform on a regular basis and specific answers are vital.

Mike Riley, Esq.

On June 7, 2011 the Social Security Administration (SSA) removed endocrine disorders from its listing of impairments used to evaluate whether a claimant is disabled. The endocrine disorders are evaluated under Listings 9.00-9.08. One major step in the SSA’s disability process, especially for claimants under 50 years of age, is determining whether the claimant’s impairment meets a medical listing. For claimants who suffer from Diabetes or other endocrine disorders, it will now be very difficult to obtain benefits via a listing.
In its reasoning for eliminating the endocrine listing, the SSA proffered that “advances in medical treatment in the detection” of endocrine disorders would keep one from meeting the 12-month durational requirement for benefits. The SSA indicated it has been advised by medical experts, that the current listing regarding diabetes reflects only inadequate glucose regulation; and that adequate glucose regulation is achievable with improved treatment options. The SSA indicated that, if the endocrine disorders cause problems of listing-level severity in other organs, they will be evaluated under those other body system listings.

If an attorney is representing a claimant with diabetes, he or she will now have to prove the claimant’s impairments meet another set of listings. For example, if the claimant’s diabetes affects their kidneys enough, they can be evaluated under 6.00 Genitourinary Impairments; or the argument could be made that the claimant’s diabetes effects his or her residual functional capacity enough that the claimant cannot perform work on a regular and continuing basis pursuant to Social Security Ruling 96-8p. If a claimant is over 50, there are a set of medical-vocational guidelines which can also be used in trying to obtain benefits.

The long-term practical impact of this change is yet to be determined; but, in making this decision, the SSA is hypothesizing that everyone has accessibility to proper medical treatment, as well as the intelligence or financial
ability to maintain an adequate diet and administer insulin at appropriate times. The SSA is presuming there are no issues regarding obtaining adequate medical treatment, being able to buy the proper food while on food stamps, and having the knowledge of how to use sliding scale insulin in the most effective manner. Even the American Diabetes Association notes that “diabetes can cause a range of short-term and long-term complications that, separately or together, can severely limit an individual’s ability to work or function.” In its recommendation for changes to Listing 9.08, the ADA stated only that episodes of severe hypoglycemia should be included.

Matt Garner, Esq.

Video Transcription:

“Hi, my name is Andrew Kinney. I’m an attorney that practices Social Security Law at Hoglund Law offices.  Today I wanted to do a video to help people understand what to expect when you’re testifying at a social security hearing with a federal social security administrative law judge.

There is a lot of fear about talking in front of a judge, particularly when it involves benefits that are very important to you.  The social security hearing itself is the first real time you get to discuss your case with a decision maker.  Hearings can vary across the country. In my experience, since 1992, one of the things – the patterns I’ve noticed – is that hearings are generally about 45 minutes to an hour.  In that time you have a social security administrative law judge that speaks directly with you about your disability and finds out essentially how you’re affected day to day based on your limitations.

So, what I generally tell people when I’m going to a hearing with one of my clients is I explain first to be yourself.  Nothing is more important than you having the judge understand that when you’re there you’re “being real” with the judge.  Nothing is worse than someone thinks they need to say certain things to make them sound worse.  The medical records that are in the file and that your attorney gets before the hearing are “locking in” what’s wrong.  The person that shows up at the hearing explains his or her situation, my client, is only there to give details.  That’s what I’m helping you with.  It’s in your own words and you need to explain it in your own way.

Another thing that I think is very important about a social security hearing is that you get enough sleep, you make sure to appear ahead of time so you’re not rushed and distracted.  You should also make sure that if you’re in a hearing and you may have family members that witness your hearing, make sure that they’re perhaps not, with good intentions interrupting you or making sure you include certain things.  I tell my clients that these hearings are not tests, they’re not something that if you don’t say the right thing you’re going to lose.

What’s most important, again, is that if you’re talking about something that the judge has to understand how bad it is, talking about pain, the judge needs to understand how bad the pain is, where it is, when it happens.  Now this may all be reported in the record, but this is a time where you can talk to the judge directly and make your point. For instance with a back problem, if you cannot bend down, if you have spasms, how often they last, what you do to make them better if anything there is to do like pain medication.

You can see that there are a lot of things to talk about at a hearing, there is a lot of things you might want to fit in.  But keep in mind this is what Hoglund Law offices will tell our clients.  This is a basic time where you can lay out basic reasoning you can’t work full time.  In more detail than that it may cause some problems.  If you have any other questions about your social security hearing please feel free to call us.

The first time you have a hearing you do have a right to postpone the hearing until you get an attorney but there is a timeframe here.  So if you are looking at this video and you have a hearing tomorrow for example, you just need to know, at least for the first hearing, that you have a right to postpone if you want.  If you want an attorney with you, make sure you ask for a licensed attorney and make sure you call a law firm.

If you have further questions you can call us at 1-800-850-7867.  You can also go online to check us out at www.HoglundLaw.com”

Video Transcription:

“Hi,my name is Andrew Kinney. I’m an attorney at Hoglund Law offices. I do Social Security Disability law. Today were going to talk about Social Security as it relates to Early Retirement.

I have calls from time to time from people that are contemplating retiring early. The question they have is “If I’m retiring early, but the reason I’m retiring early is because I’m disabled, what should I do? Should I retire or should I apply for Disability?”

My answer in that situation generally is do both. There are some exceptions. In situations where someone is retiring early, let’s say they have cancer or back problems, whatever the reason they’re retiring early, I generally recommend people to claim early retirement and also apply for social security disability. The reason is this: If you’re at the right age for early retirement, you can go ahead and do it. Usually people are retiring and they need the money. If you also process a Social Security Disability application and it is approved then that early retirement decision is undone.

I’ll give you an example. If someone applies for early retirement and then 2 years later when they have also had a disability claim pending, Social Security comes back and says “well this is what we do, and we approve that someone has been disabled the whole time.” Social Security will, in essence, undo the early retirement decision and pay the higher benefit for disability insurance benefit, and at that point someone can stay on disability insurance through early retirement, and the early retirement amount should actually reflect the full amount that they would get, so in essence you have 2 kicks at the can.

You can retire early and you have the option to retire later if that works out. The only instance that these are case by case situations who someone might delay is won if they really are retiring by choice, that’s something to be analyzed, and 2 the basic premises you’re not always sure with disability insurance, what would happen. A lot depends on doctors notes, treatment records, specifics on how doctors think you’re limited, so when someone is deciding whether to retire early or apply for social security disability the best course of action is to talk to your doctor about the ability to work, and also make sure that your doctor is in agreement with doing what you’re currently doing, but if there is some agreement with your treating doctor that you should probably stop what you’re doing to consider social security disability.

Feel free to call our offices. Our office number is 800-850-7867, or you can go to out website at the bottom of the screen here, and you can see the information related to this topic and other topics. Thank you very much.”

Video Transcription:

“Hi my name is Andrew Kinney.  I do Social Security Law at Hoglund Law Offices.  Today I wanted to talk about consultative exams or “CE’s” as they’re called.

If you have a pending Social Security Case and you get a letter in the mail that says you need to appear in a consultative exam, I want to explain what that is, why that is, when social security orders it, who pays for it, and what the result is perhaps if you don’t go.

Social Security regulations require social security get information on a physical or mental impairment if they don’t believe the current medical information gives them enough information to make a decision about whether you’re disabled.  So let’s say you apply for social security disability benefits and haven’t had much care for depression and you have chronic pain.  What you would see perhaps at the first level when you apply is a letter in the mail that social security would pay for you to meet with a one-time evaluator, a psychologist usually, that would be able to ask you questions about your situation and in that limited way make a diagnosis and also give advice about your ability to concentrate and things like that.

What you have with consultative examinations is it’s a good thing, and Social Security is trying to get information that they don’t otherwise have.  One of the drawbacks, though, is that that at times Social Security does have enough information but yet they order a consultative examination anyways.  So, what I tell my clients that it’s always important to go to a consultative exam, even if you know that doctor doesn’t know you and doesn’t know much about you.  And the reason is this:  If social security thinks it’s important enough to order a consultative exam and you don’t go, that may, itself, be a cause for a denial.  So, with that in mind, it’s not a good idea to decide on your own not to go on purpose because it may result in a denial, and you don’t want that.

A good piece of advice about consultative exams is that its best to always have ongoing treatment for things you know you have a problem with.  If you have something like depression or anxiety or in the physical realm if you have chronic back problems or some other sort of problems it’s always good to have doctors that you treat with, that you trust to evaluate you, and perhaps like at Hoglund Law offices, get a statement from the doctor to lay out your restrictions.  Those will carry more weight with the social security judge eventually.  In summary, with consultative exams, or consults what social security does is that their trying to get more information about you that could possibly improve you, so be honest and upfront and on time.  If you have further questions about consultative exams or Social Security Disability in general you can feel free to call our offices at 1-800-850-7867 or you can go online at www.HoglundLaw.com as well, thank you”

Video Transcription:

“Hi, my name is Andrew Kinney.  I’m an attorney at Hoglund Law offices.  I do Social Security Disability law.  Today were going to talk about Social Security as it relates to Early Retirement.

I have calls from time to time from people that are contemplating retiring early.  The question they have is “If I’m retiring early, but the reason I’m retiring early is because I’m disabled, what should I do?  Should I retire or should I apply for Disability?”  My answer in that situation generally is do both.

There are some exceptions.  In situations where someone is retiring early, let’s say they have cancer or back problems, whatever the reason they’re retiring early, I generally recommend people to claim early retirement and also apply for social security disability.

The reason is this:  If you’re at the right age for early retirement, you can go ahead and do it.  Usually people are retiring and they need the money.  If you also process a Social Security Disability application and it is approved then that early retirement decision is undone.  I’ll give you an example.  If someone applies for early retirement and then 2 years later when they have also had a disability claim pending, Social Security comes back and says “well this is what we do, and we approve that someone has been disabled the whole time.”

Social Security will, in essence, undo the early retirement decision and pay the higher benefit for disability insurance benefit, and at that point someone can stay on disability insurance through early retirement, and the early retirement amount should actually reflect the full amount that they would get, so in essence you have 2 kicks at the can.  You can retire early and you have the option to retire later if that works out.

The only instance that these are case by case situations who someone might delay is won if they really are retiring by choice, that’s something to be analyzed, and 2 the basic premises you’re not always sure with disability insurance, what would happen.  A lot depends on doctors notes, treatment records, specifics on how doctors think you’re limited, so when someone is deciding whether to retire early or apply for social security disability the best course of action is to talk to your doctor about the ability to work, and also make sure that your doctor is in agreement with doing what you’re currently doing, but if there is some agreement with your treating doctor that you should probably stop what you’re doing to consider social security disability.

Feel free to call our offices.  Our office number is 800-850-7867, or you can go to out website at the bottom of the screen here, and you can see the information related to this topic and other topics.  Thank you very much.”

Ken Moats of the Hoglund Law Office recently participated in the 2010 Bankruptcy Institute.  The institute is held annually and provides information and instruction to attorneys regarding bankruptcy.

Ken Moats was a member of the panel discussion entitled, Bankruptcy 101: So You Chose a Chapter 13 Bankruptcy.

During this session, participants were given a sample Chapter 13 plan. The panel members then explained in detail what information should be included on a proposed plan and how calculations should be made.  The session highlighted common mistakes made by attorneys and provided helpful hints in avoiding objections and structuring a plan.