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Social Security approved me for disability benefits, now what?

Social Security Disability Insurance and Social Security Insurance are the two benefit programs that a disabled person can submit a claim for. While both benefit programs are for disabled individuals, they slightly differ in the requirements. Social Security Insurance(SSI) are for individuals who have not worked but are disabled and have little to no income or resources. Social Security Disability Insurance(SSDI) are for individuals that paid FICA taxes over many years. So for this program, you do not need to meet income limits in order to qualify. A finding of disability and the required work earnings are sufficient.

It may have been a long and frustrating road to get to this point but you are finally here. Your decision, may it be fully or partially favorable is now a reality. You are given back your independence and now know that you will have the ability to pay bills and buy the things that you need. Now, you’re wondering how long will it take to get your money. Unfortunately, you may have to wait another 1-3 months before you receive your first payment.

Social Security Supplemental Income(SSSI) will consider your resources such as spousal income, cash, bank accounts, stocks personal property, vehicles, life insurance, and anything that can be exchanged for cash. Social Security Disability Insurance(SSDI) will consider other employment or disability money received during the time your claim was pending such as, unemployment benefits, workers’ compensation, or long term or short term disability payments. Social Security will have to verify all sources of income before sending you your first check. However, being upfront and having these documents readily available could be of benefit in terms of speeding up this process.

 

For more information, please contact the attorneys at Hoglund, Chwialkowski, & Mrozik PLLC.

By Shana Knotts

Who Determines Whether I Am Disabled or Not?

The short answer is the Social Security Administration (SSA); however, the longer and more accurate answer is Disability Determination Services(DDS).

First, SSA will review your application to make sure you meet some basic requirements for disability benefits. They will check whether you worked enough years to qualify. Additionally, they will undergo an evaluation of any current work activities. If you meet these requirements, they will process your application and forward your case to the DDS office in your state. This state agency completes the initial disability determination decision for SSA. Claims examiners and medical examiners in the state agency ask your doctors for information about your condition. DDS is supposed to consider all the facts in your case. They’ll use the medical evidence from your doctors, hospitals, clinics, or institutions where you have been treated and possibly additional information.

Some of the questions they will ask pertain to the following:

  • Your medical condition(s);
  • When your medical condition(s) began;
  • How your medical condition(s) limit your activities;
  • Medical tests results; and
  • What treatment you’ve received.

 

DDS also ask the doctors for information about your ability to do work-related activities, such as walking, sitting, lifting, carrying, and remembering instructions. Keep in mind that it is not your doctors who decide if you’re disabled. Rather, according to the rules it is up to DDS to make that determination. Also, if your medical sources can’t provide the necessary information, DDS may ask you to a consultative examination. Social Security will pay for the exam and for some of the related travel costs.

When DDS makes its determination on your case, they will send a letter to you. If your application is approved, the letter will show the amount of your benefit, and when your payments start. If the application isn’t approved, you typically have the option of appealing the decision.

To learn more about the appeals process, please read “Social Security Denials and Appeals” available through disabilitysecrets.com.

 

By Kevin J. Kohler

The Importance of Choosing the Correct Onset Date

When applying for Social Security Benefits, you will need to fill out the initial application to get your claim started. On this initial application, you will put in the start date of your disability. This date is known as your Alleged Onset Date. It is a date that Social Security will use to build your case.  Sometimes it may not be as easy to pinpoint this date. However, it is strongly recommended that you try and choose as close of a date to when your condition(s) begin to worsen. There are many signs that lead up to figuring this date. One example would be a decrease in your work hours or having to end your employment. It is good to keep a journal of any major medical events that have affected your daily routine. Also, it is important that you speak to your doctor about any disruptions that you are experiencing in you daily routines due to ongoing symptoms. The more information you have in your medical records, the more of a benefit it will be to you when choosing you Alleged Onset Date.

Social Security does not always agree with the date that you have chosen. If Social Security chooses a different date, it will be a later date. Your medical records may support a different date of disability. The change in the Alleged Onset Date(AOD) by Social Security is known as the Established Onset Date(EOD). The newly Established Onset Date(EOD) chosen by Social Security may affect the amount of backpay that you receive. You can Appeal this decision if you do not agree with the date that Social Security has chosen. Having an expert to assist you through the process would help you avoid mistakes.

Please contact one of our attorneys at Hoglund, Chwialkowski, Mrozik, PLLC. today for more information.

 

By Shana Knotts

Social Security Disability and the On the Record Process

On-the-Record Reviews are available to anyone who files a Social Security Disability claim. Once the lower levels processes have been exhausted. What that means, is that your claim must be at the hearing level to ask for an On the Record request.

So now you are at the hearing level. What’s next you ask! Well the review can happen in a few ways. An On the Record review can be initiated by an examiner that works for the Social Security Administration, which would be the best case scenario. This usually happens if new medical evidence is submitted and upon review by Social Security it is deemed that with the new evidence that a hearing is no longer needed and a fully favorable decision can be granted.

Another way for this request to be done is by your attorney representative. You may ask that your representative write a brief on your behalf. So that once your file from Social Security is available, your attorney can review what is already on record before requesting updated information on your behalf. Once all the new information has been reviewed, the brief can be written. But it should be noted, that not all cases make good On the Record cases. The attorney must make the decision on whether a brief should be written on a case to case basis after reviewing the information.

You could also put together the information yourself, if you are doing this process on your own. You will need to provide a detailed explanation that points out the specific medical evidence that proves that you are disabled by Social Security’s rules. Then write a formal request for an On the Record review.

Once the request for an On-the-Record Review has been submitted, one of these outcomes should happen. Your claim could be granted based on the evidence in your file along with the brief or a judge may feel that the evidence is not clear cut enough to approve the claim during an On-the-Record review. If a Judge cannot grant the case based on the information submitted, then your claim will have to be argued at a hearing by your attorney when a date becomes available. An On-the-Record Review cannot stop your claim from proceeding, unless a fully favorable decision can be reached.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Dismissal of a claim – Administrative Law Judge – Social Security ALJ


Video Transcription:

“Hi, my name is Andrew Kinney.  I am an attorney at Hoglund Law offices.  I practice social security disability law.  Today I wanted to talk about dismissal of hearings by Administrative Law Judges, otherwise known as ALJ’s.

When you apply for social security disability, there could be a big difference from the time you apply to the time of your hearing.  Sometimes as much as 2 years or more depending on the area you live. By the time you get to your hearing you would have gotten a letter roughly 3 weeks in advance stating the time and location of your hearing.  Well, people often relocate and can even lose contact with the attorney that’s helping them with their social security claim.  So, sometimes we have dismissals of hearings by the SSA when someone doesn’t show up for their hearing.

Now I wanted to distinguish dismissals from withdrawals from hearings.  Withdrawals would mean if someone is helping you with your social security claim and you decide that it’s in your best interest to not pursue the hearing, for instance if there’s not enough evidence and the attorney has given you good legal judgment on that.  Sometimes you withdraw your hearing request and you re-file and start over and the last denial is the reconsideration denial.  This is different. If you have a dismissal. That means that you didn’t show and there was no explanation why you didn’t show.  If you have an attorney, you technically have a right to protect your right to a hearing by having the attorney show on your behalf, but at some point for you to get a proper hearing, it will be important to be able to appear at your hearing because there would be at least a rescheduling of one hearing.

So, if you have a dismissal of a hearing and you’re wondering what to do, the first thing you should do is call the hearing office.  Also, call your attorney, if you have one, and find out what to do.  Now there are some factors that are hard to quantify. For instance, if it’s over a year that you’ve missed your hearing and you’re first learning about it I have not had any experience where someone has been able to get a new hearing.  But, if it’s within a certain amount of time since you’ve had your hearing and you’ve missed it, what’s very important is that you have an opportunity to offer what’s called the cause.  Here’s why I missed my hearing, here’s my circumstances, it could be family emergency, it could be homelessness, it could be many factors.  But, what the judges need to allow a new hearing and avoid a dismissal is a good reason to miss your first hearing.  If you have an attorney that’s helping you, they will get involved.

Last winter we had examples of the snow being too bad to be able to get in to a hearing.  Or, an inordinate amount of traffic.  If there are some more practical reasons you couldn’t make it on time to your hearing those may have a better chance of getting a hearing rescheduled.  So if you have a hearing dismissal letter or at least the threat for it, make sure to respond right away.  If you find that it’s too late and you lost your right to a hearing, what you can do is re-file a new case, get an attorney, and help them re-open the prior case.

So, that can take a lot of time. But, it is the best thing you can do to make up for what would be lost back pay.  If you have more questions about dismissals from administrative law judges, or just general questions about social security disability feel free to call our office at 1-800-850-7867.  You can also visit www.HoglundLaw.com.  We also have other videos about different subjects to help you.”

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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