Social Security Domain #4 – Health and Physical Well-Being

If a child has a severe impairment(s) that does not meet or medically equal any listing, the Social Security Administration (SSA) will then look to see if the child functionally equals the listings.  To functionally equal the listing, the child’s impairments must result in marked limitations in two domains, or extreme limitation in one domain.

The fourth domain used by SSA is called 4. Health and Physical Well-Being.  In this domain, SSA considers the physical effects of physical and mental impairments of the child.  Unlike the other domains, this domain does not address typical development and functioning.  This domain addresses how such things as recurrent illness, the side effects of medication, and the need for ongoing treatment affect a child’s body.

It is important to remember that the cumulative physical effects of a child’s physical or mental impairment(s) can vary in kind and intensity, and can affect each child in a different way.  As with all other domains, SSA does not consider the limitations in this domain unless it results from a medically determinable impairment(s).  However, it is very unlikely that a child who has a significant problem in this domain does not have an impairment that causes the problem.

 

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

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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SSI Benefits for Children with Abdominal Migraines

Abdominal migraines are characterized by severe, sharp abdominal pain near the midline, lasting from one hour to three days, and are more common in children. Although experts have not settled on a specific cause, this condition is in the migraine family because it may have an underlying neurological or chemical origin, and may be triggered by psychological, environmental or dietary factors. A diagnosis is usually reached by ruling out other causes of abdominal pain, and treatment options include those used for migraine headaches.

Due to the difficulties in diagnosing and treating this condition, a child with abdominal migraines may experience difficulties in school and other activities for a long time without relief. If your child has had repeated episodes of abdominal pain diagnosed as abdominal migraine, consider contacting a Social Security Disability lawyer to discuss whether you and your child are eligible for Supplemental Security Income (SSI).

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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VA benefits and Social Security

Just as Social Security has both a Social Security Disability Insurance (SSDI) program and Supplemental Security Income (SSI) program. The Veterans Administration (VA) has two programs as well. They are VA disability compensation and VA pension. Can you file from both entities you ask, yes! We will go over that and what programs can go together. As well as some of the differences between the programs that warrant mentioning.

Service-connected VA disability benefits or VA disability compensation as it is also called, is not an income base program. So it would be similar to the Social Security Disability Insurance (SSDI) program which is based on work credits (monies that you paid in while employed). So then it follows, that non- service connected VA benefits also known as VA pension is income based and would be along the same lines as the Supplemental Security Income (SSI) program of Social Security. If eligible, the best case scenario would be to qualify for SSDI and VA disability compensation as this give you the greatest monetary outcome.

Some of the differences between the two are that for the VA there are percentages of disability, where Social Security has an either you are or are not disabled approach. One of the major differences is the “treating physician rule.” Under Social Security law, once the claimant’s doctor is recognized as the treating physician, his or her medical opinion is given more weight and can be the difference between winning and losing your disability case. Whereas, under VA law the doctor’s opinion is not given more weight but instead equal weight with the rest of the evidence in the file. So under VA law, your disability is decided upon the totality of your file.

So as you can see, you would be able to file for both a VA disability benefit and a Social Security disability benefit at the same time. Along with some of the similarities and differences between the two providing entities. I would like to leave you with this thought. If you are wondering if there is a way to have better odds for success, then read on. If you have been given a high (70% or higher) VA rating, you are more likely to also be successful on your Social Security claim. Also while the VA only considers service-connected disabilities, Social Security will consider all disabilities service-connected or not. Unfortunately, if you are found disabled by Social Security first, it will not be given much weight toward your VA claim for disability.

 

 

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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Can my Garnished Funds be Recovered After Filing a Bankruptcy?

The short answer is yes. The long answer is yes, but it depends on the situation. If a creditor has garnished a debtor’s funds there are ways for the debtor to recover some of the money after filing bankruptcy.

Any funds taken by garnishment or levy within the 90-days prior to the bankruptcy filing can potentially be recovered. If the total amount is $600 or more a debtor can make a claim for the return of the funds. However, in a bankruptcy a debtor can only protect a certain dollar amount of their assets. If the debtor has already exceeded the amount which could be protected the garnished funds cannot be recovered. In that situation the bankruptcy court may attempt to recover the funds and then distribute them evenly to all the debtor’s creditors.

If the creditor refuses to return the garnished funds a debtor does have the option of filing a claim with the bankruptcy court. The court may compel the creditor to return the funds. However, it does cost money to file the claim so a debtor will need to weigh the cost of the claim against the amount that could potentially be recovered.

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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Things you might want to Know About a Social Security VTC Hearing

A Social Security hearing can be stressful enough, without adding pieces that you might not understand! So let’s see if we can explain what a VTC hearing is? How a VTC hearing is different than a non VTC hearing? What you need to do when you receive your VTC notice and what most people are concerned with, will it speed up how long you have to wait for a hearing?

VTC stands for video teleconferencing. It means that the Administrative Law Judge (ALJ) for your hearing will not be in the same location as you. This allows more hearing to be scheduled in your area by borrowing Judges from other areas that might not have as many hearing scheduled.

The Judge will be live on a monitor. You and your representative will be able to communicate with the Judge in real time and the Judge will be able to see what is happening at your location as well. Also any experts that are needed for your hearing, could be at either location.

You will receive a VTC letter from Social Security when you reach the hearing level of your claim. This letter is to notify you that your hearing might be done by video teleconference. The letter does not mean you will have a video teleconference hearing! If you are totally against having your hearing done by video teleconference, then you will need to complete the form that came along with the letter and return it to Social Security within the 30 day time frame. If you have a good reason for not getting it back in the 30 day time frame, Social Security may give you a 30 day extension.

By being willing to have your hearing done by video teleconference, your hearing could possibly be scheduled sooner than the National average waiting period. At this time, the National average time frame at the hearing level is 16-18 months for your hearing to be scheduled. This letter is not a guarantee that you will be scheduled sooner but, it leaves all the options open.

So as you can see, the video teleconference hearing is not must different than a regular hearing. The Judge and possibly the experts are at a different location than you and your representative. As for the letter, if you are not against a video teleconference hearing, then just put the VTC letter with the other paperwork that you received from Social Security. You only need to respond if you do not want a VTC hearing. In conclusion, by being willing to have a hearing done by VTC; you are giving yourself the most options to have your hearing scheduled sooner if it is possible. Hopefully this helps to lessen the stress due to the unknown aspects of the VTC hearing versus the non-video teleconference hearing.

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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Keeping a Seizure History or Diary

If you are filing a claim for Social Security Disability benefits based on a Seizure Disorder, the main question that arises when analyzing the claim is the frequency of seizures occurring. Some claimants will go to the Emergency Room for certain seizures, but not for every seizure that occurs. Therefore, medical records do not always tell the complete story. One thing that you can do for yourself that may have a positive impact on your claim is by keeping a seizure diary. Make sure to document the dates and times that you experienced a seizure, if the seizure was witnessed by another person, if you lost consciousness, how long the seizure lasted for, and how you felt after experiencing the seizure. Also, be sure to note how long it took for you to “recover” from the seizure (such as having to lie down and sleep for two hours). The more thorough your entries are, the more helpful your seizure diary can be. Seizure diaries, in addition to your medical records, can help clarify how often you are experiencing seizures, how often the seizures last for, and how you have felt after you experience a seizure. This can be helpful information not only for yourself, but your attorney, and ultimately an Administrative Law Judge that is deciding your case.

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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Why is a Medical Expert at my Hearing?

There is a possibility that a medical expert will be present at your hearing. This medical expert is present as a neutral expert, and will be assisting in helping the Administrative Law Judge understand the medical diagnosis and conditions outlined in your medical records. This will be a doctor that has not examined you before, and will be basing their opinions solely on the review of your medical records. This is why it is important to notify your attorney of all medical clinics and hospital visits you have had in the relevant time period at question, so that your medical records are up to date for the medical expert to review.

The medical expert will be providing testimony whether in their opinion your conditions either meet or equal Social Security’s medical criteria (“The Listings of Impairments”) for being found disabled. If the medical expert finds that you do not necessarily meet or equal a listing, the expert will identify any functional limitations that they deem necessary in a work-setting based on their review of the medical records. At the hearing your attorney will have the opportunity to cross-examine the medical expert to further determine work-related limitations.

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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Stopping Lawsuits, Garnishments and Bank Levies

When a person doesn’t earn enough money to cover his or her expenses, life can be stressful enough. Unfortunately, this financial stress can become overwhelming when one or more of an individual’s creditors threaten to take legal action to collect money from a debtor.

For example, credit card companies and medical providers often bring civil lawsuits against debtors who do not pay their bills. Once a creditor obtains a judgment against a debtor, the creditor can begin garnishing the debtor’s wages or seizing money the debtor has in his or her bank accounts. This can have serious negative consequences for some debtors, who may not be able to afford to put food on the table or pay their monthly rent if all of the money in their bank account is suddenly seized.

Fortunately, bankruptcy can offer relief for people who are being threatened with lawsuits, garnishments or bank levies by creditors. Once a person files a bankruptcy petition, an automatic stay goes into effect. The automatic stay prohibits creditors from taking any further action to collect debts from the petitioner for the duration of the bankruptcy proceeding. As a result, creditors must immediately stop from garnishing a person’s wages or seizing his or her bank accounts.

In addition to stopping wage garnishments and bank levies, the automatic stay can benefit debtors in many other ways, such as by delaying evictions or utility shut-offs, stopping repossessions and can even be used to prevent a home foreclosure in certain circumstances. If you have questions about whether the automatic stay could help you, contact a local bankruptcy attorney.

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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Why Does The Judge Care If I Have Children

The vast majority of social security disability cases are awarded or denied by the Administrative Law Judge (ALJ) reviewing and then determining if the claimant is credible. This is especially true if the medical impairments alleged by the claimant do not meet or equal the severity required by the Social Security Administration (SSA). Unfortunately, the ALJ is the first person in the social security disability process that actually meets the claimant to access their credibility and determine if the claimant is unable to work. Therefore, the average claimant waits two to three for an informal Administrative Hearing with the ALJ. As discussed above, the ALJ has to decide if he or she believes the claimant can work or not. For this reason, almost all judges at the Administrative Hearing will ask the claimant if they have children. The ALJ ask if the claimant has children for the following reasons:

• Being a stay at home parent can be difficult. Children require meal preparation and possible transportation to and from school. Additionally, younger children have to dressed, bathed, and changed. Children need to be picked up and watched throughout the day. The responsibilities of taking care of children is very similar to full-time work. The ALJ wants to understand why you cannot work. If you are taking care of your children without any help, the ALJ might think you can work.

• The ALJ will want to know what sort of help the mother or father are receiving for taking care of their children. This is especially true for single parents. So do not be surprised if the ALJ asks you this question. The ALJ is just assuming that if the mother or father cannot work then they are unable to take care of their children solely on their own. If you have friends, family members or neighbors come over to help you with your children make sure you tell the ALJ.

• The ALJ wants to know if the claimant had any children since the claimant applied for disability or since the claimant alleges they become unable to work. Again, the ALJ is trying to determine credibility and if the claimant cannot work. If the claimant states that they cannot work and then has a child in the process of applying for disability benefits it could create suspicion to the ALJ that the claimant is not credible. This is true because the average person is not going to have a child when they know that they cannot work and pay for the care of the child.

• The ALJ is also concerned with how being pregnant affects the claimant’s ability to take prescribed medications. For example, some medications cannot be taken when the mother is pregnant. However, the SSA reviews and determines if the claimant can work with proper medical treatment and when the claimant is taking all prescribed medications. Therefore, the ALJ may believe that a pregnant mother could work if she was able to take all of her medications on a regular basis.

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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How Does my Social Security Attorney Prepare me for my Hearing?

So, you have a hearing in the near future for Social Security Benefits and you wonder, what your attorney will do to prepare you for this big event. We at Hoglund Law office, understand the importance of having an attorney at your hearing and making sure you make the most of the event that you have been waiting so long for. I can’t promise that attorneys outside of our office will do the same, I wish they did so all clients had the best representation, but I will explain how our attorneys prepare our clients.

In the months leading up to the hearing, our staff conduct periodic updates of your medical treatment so we can gather all the relevant medical information to have for the judge. We have a team of paralegals and attorneys working on every case, so no one attorney’s case load becomes overwhelming or unmanageable. This system of representation also allows us to make sure there is always a prepared attorney at your hearing. A hearing attorney will be assigned to your case in the months leading up to the hearing as well.

In the final weeks and days before your hearing, your hearing attorney will review all the medical records gathered about your case. We will look for the best possible case for you. After the attorney has reviewed your information thoroughly, the attorney will call you to prepare you for your hearing. This usually happens in the last few days before the hearing. This phone call serves as a reminder of your hearing and an opportunity for you to ask questions about the hearing. The attorney will explain where the hearing is, how to get there if you don’t know, who the judge is and what to expect the day of the hearing. We remind our clients to be to the hearing location one hour before the hearing we can meet in person and discuss the case more thoroughly. The attorney will also have questions for you about your medical information and your case history that are important for your case. The attorney will also explain who will be at the hearing besides the judge and what to expect from those witnesses. There will be a hearing monitor, a vocational expert, and in some cases a medical expert.

They day of the hearing, the attorney will meet you at the hearing location. The attorney will go cover what kinds of questions the judge is likely to ask and what is important and not important to the case. The attorney will ask you if there is any information you brought that you want to share and will remind you of hearing office policies. If at any time you have question about your case or what to do in the hearing, you should ask.

It is important to remember that the hearing in front of the Administrative Law Judge is your chance for Social Security to meet you and evaluate your case in person. You want to be prepared and calm. The attorney will do the same. If you have a hearing coming up that you have questions about, please call our office at 855-513-4357 or do a free evaluation of your case. We want to help you with your upcoming hearing for Social Security Benefits.

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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Who is Responsible for Obtaining Evidence for Your Hearing?

Have you ever wondered what you are going to use to prove that you are disabled?

Evidence for your disability claim is gathered at each level of your claim. The party that is responsible to collect your evidence changes as you claim moves through the Social Security Disability process.

The evidence that you use for your disability claim mostly comes from the doctors that you see for your disability by way of your medical records. Sometimes if you have a favorable doctor, an assessment form can be sent to him or her to fill out on your behalf. There are assessment forms for either mental or physical disabilities. It should be known, that some medical facilities do not allow their doctors to fill out forms. If your facility is one of these don’t worry, your disability attorney will use your medical records to prove your disability. Even with a form, your attorney needs to back up that form with medical documentation (i.e. Medical records). So see the medical records are the key to proving your disability.

As was mentioned earlier, each time your claim is denied whether it be at the initial or reconsideration levels, your evidence should be updated with any new evidence that became available since the last denial. For the initial and reconsideration levels, the Social Security Administration is the responsible party that should be retrieving any medical documentation that you have made them aware of since the last denial. If you have an attorney, keeping them up to date on the medical facilities you are going to along with proper addresses and phone numbers for them, will make getting the information to Social Security much more efficient. Social Security will send out the request for information based on what you and/or your attorney gives them but, might not follow up if information is not correct.

So it is in your best interest to have proper addresses and phone numbers for the places that you get treatment for your disabilities. I always suggest that the client gets a business card from the places that they treat and to put the first treatment date on the card as well. This will give them a timeline to use throughout the Social Security process. When you reach the hearing level if you have an attorney, it becomes that attorney’s responsibility to get all new medical documentation for your claim. It is still your responsibility to keep your attorney up to date with where you are treating for your disability. If you do not have an attorney, then the gathering of medical evidence fall on you when you reach the hearing level of your claim.

So as you can see, your medical records are your main source of evidence for your Social Security Disability claim. Also that at the initial and reconsideration levels, Social Security is responsible to gather your medical evidence for you. But, once you get to the hearing level, either you or your attorney if you have one takes over the retrieval of your medical evidence. This is your claim and you are the person affected when things do not go as planned. So be an active part in your claim, by updating the treating sources as necessary with proper addresses and phone numbers so, that your medical documents can be easily gathered for review by either Social Security or your attorney. This will give you the best chance at a positive outcome to your claim.

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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Preparing for a Social Security Disability Hearing – Medical Expert Testimony

At your Disability hearing, the Administrative Law Judge (ALJ) may request the testimony of a medical expert. A medical expert is a doctor or other medical professional who will give an impartial opinion on the case being heard. It cannot be anyone familiar with the case, or a treating doctor. For more details about the qualifications of a medical expert, see the Social Security’s operating guide. The medical expert will review relevant medical records, and be subject to questions about the various diagnoses, treatment, prognoses, and functional limitations. The ALJ will also ask whether the conditions presented meet or equal any of the Listings of Impairments, which could mean an easier path to getting your disability approved.

Your Social Security Disability attorney will have the opportunity to cross-examine the medical expert as part of your hearing. Your attorney can ask about the expert credentials, and what experience they have in cases similar to yours. They may also ask about specific symptoms and limitations, and whether your conditions may meet specific listings.

The medical expert is not a treating doctor, and they will not be asked to examine you. They only consult your medical records. They will not be consulted about your work history, and they do not have the final say in whether or not you are disabled!

In some cases, an ALJ will ask for medical expert testimony after the hearing. Usually this is elicited in written interrogatories, where the ALJ or your attorney may write questions for the expert to answer. After the interrogatories are received, the ALJ will either make a decision or schedule a supplemental hearing to get more testimony from the claimant. If new records are received after the interrogatories are provided, then the ALJ can forward the new evidence to the expert to get any additional comments.

Having a medical expert can be a great help to your case, for your attorney, and for the ALJ. They can usually help explain more complicated medical records, which can improve their understanding of your case and could lead to a favorable decision. If the expert finds your condition to meet a Listing or that the symptoms would be so severe as to affect your daily functioning, the ALJ can use the expert’s opinion and find you disabled.

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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Why Will There be a Vocational Expert at my Hearing?

A Vocational Expert is a neutral party that will be providing testimony regarding employment. Specifically, they will be providing information regarding the past full-time jobs that a claimant has held in the past fifteen years. The Vocational Expert will refer to the Dictionary of Occupational Titles, and clarify the skill and exertional level of each full-time job that a claimant has held. Additionally, the Administrative Law Judge will be asking certain hypothetical questions to the Vocational Expert to inquire whether jobs would be available based on certain restrictions and limitations. The Vocational Expert typically will not have any direct questions for the claimant, unless they need further clarification about job duties performed.

By hiring an experienced attorney, a claimant can be assured that any and all vocational issues are being addressed during the vocational testimony. An attorney will have the opportunity to cross-examine the expert and provide additional hypothetical questions to address medical impairments and restrictions. If you are currently unable to work due to medical impairments, please contact the firm of Hoglund, Chwialkowski & Mrozik, PLLC. We will be happy to go through an intake questionnaire over the phone to determine if we are able to help with your claim for disability.

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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Social Security Disability & Credibility

For every Social Security Disability claim the Social Security Administration (SSA) must determine how credible or believable the claimant is regarding their limitations. The credibility analysis is a very important part in a Disability claim because; face it, if the SSA believes the claimant to be fully credible then they should almost always consider the claimant to be disabled. In making a credibility determination about a claimant’s statements the SSA is supposed to refer to Social Security Ruling 96-7p.

The provisions as reflected in this SSR as well as the Code of Federal Regulations provide that an individual’s symptoms, including pain, will be determined to diminish the individual’s capacity for basic work activities to the extent that the individual’s alleged functional limitations and restrictions due to symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence in the case record. In addition, symptoms may not be disregarded solely because they are not substantiated by objective medical evidence. The absence of objective medical evidence is only one factor that the adjudicator must consider in assessing an individual’s credibility. Moreover, SSR 97-6p provides that merely because an individual’s statements are not credible is not by itself sufficient to establish that an individual is not disabled.

SSR 96-7p also recognizes that a claimant’s persistent efforts to obtain relief from his or her pain or other symptoms serve to enhance his or her credibility. Therefore, a longitudinal medical record with consistent subjective complaints and effort to reduce pain or other symptoms should serve only to aid a claimant in his or her effort to obtain Disability Benefits.

Regarding SSR 96-7p, there are numerous factors the adjudicator must take into account. Must is important language for any analysis of statutory law. This is not something the adjudicator has a choice in doing. The adjudicator must making a finding as to the claimant’s underlying impairment and then consider whether said impairment could reasonably be expected to produce the claimant’s symptoms. The adjudicator must consider lay evidence in assessing the residual functional capacity. The adjudicator must specifically consider the side effects from the claimant’s medications. The adjudicator must not only consider the claimant’s allegations of pain, but detail specific reasons for his or her credibility finding in their decision. Failure to obtain treatment must be considered in the context of all the evidence, an adjudicator “must not draw any inferences about an individual’s symptoms and their functional effects from a failure to seek or pursue regular medical treatment” without first considering the evidence of record which may explain “infrequent or irregular medical visits or failure to seek medical treatment.”

As a practitioner, I have seen on numerous occasions where the lower levels (DDS) will find a claimant full credible then deny his or her claim even though the claimant’s statement make it obvious that, if believed, he or she should be considered disabled. In addition, language from hearing decisions will often state “statements concerning the intensity, persistence, and limiting effects” of his symptoms were “not credible to the extent they are inconsistent with” the judge’s assessment of his residual functional capacity—is meaningless boilerplate seen frequently in decisions from ALJs. The 7th Circuit has repeatedly criticized this template as unhelpful and explained that it backwardly “implies that the ability to work is determined first and is then used to determine the claimant’s credibility.”

This information is very important for disability claims and unfortunately adjudicators continue to either disregard or misuse SSR 96-7p. Credibility determinations are extremely important in Social Security Disability claims and a proper application of SSR 96-7p can make the difference between winning or losing a disability claim. Having an experienced attorney who knows how to make the correct legal arguments and put forth the best claim possible as well as rebut or enforce the proper application of SSR 96-7p is extremely important for any Social Security Disability claim.

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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What Does a Vocational Expert Do?

When you are filing a claim for Social Security Disability, you are alleging that you cannot work because of your health impairments. Not only do you have to prove that you have impairments that limit your functioning, but you also have to prove that you are so limited by those impairments that you cannot work any job in the national economy.

When you actually get in front of an Administrative Law Judge, part of your hearing will include testimony from a Vocational Expert. This is someone hired by Social Security as an independent contractor, and they will provide testimony only relating to your ability to work, and whether or not there are jobs in the economy that hypothetically you could do. Some claimants feel the Vocational Expert is on the side of the Law Judge, but they are a neutral party. In close cases, the Vocational Expert’s testimony can weigh heavily in favor of approval.

The Vocational Expert classifies your prior work to help the Law Judge understand how physically or mentally demanding your previous jobs were. They may also take into consideration any accommodations you received, or if your job varied from the typical description. For example, typically a job of a cashier may require sitting for most of the day, and lifting from 10-20 pounds, but they will adjust their information to the Law Judge if at the cashier job you performed, you were on your feet all day, it required walking for more than half the day, and you would regularly lift 50-100 pounds. This information, coupled with your testimony on your functional limitations, can help the Law Judge decide whether you are physically able to return to your prior work.

Sometimes the expert will present certain jobs that fit in with the criteria the Law Judge gives. These are usually examples of jobs, with estimates of how many of those jobs are available in the city, state, region, or nationally. They are not telling you to go out and get these jobs – they are used as an example. So it’s not necessarily harming your case if the expert presents different occupations available.

Your disability attorney can help you prepare for your hearing with a vocational expert by reviewing your past work with you, and how specifically you cannot do the jobs you used to hold. This will help the attorney pose specific questions to the expert to make your case stronger, and help convince the Law Judge that you are unable to work, and thus finding you disabled under Social Security’s rules.

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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Where can I file Bankruptcy?

Figuring out where you can file bankruptcy may seem like a straightforward question.  For most people the state that you currently live in is where your bankruptcy will be filed.  However, if you have recently moved or if you plan to move in the near future, there is more analysis involved.

Bankruptcy laws specify that a debtor’s bankruptcy petition must be filed in the state where the debtor has lived for the majority of the prior 180 days.  Once you move to a new state you must live there for 91 days before you can file bankruptcy there.  This also means that you could move to a new state but still file bankruptcy in your old state for up to 90 days.

The choice of where to file bankruptcy may seem like a simple decision initially but it could have a huge impact on the protection of your assets.  Bankruptcy laws vary from state to state.  Some states only allow debtors to use federal bankruptcy rules for protecting their property.  Other states require debtors to use that state’s specific bankruptcy rules for protecting their property.  Some states, including Minnesota, allow debtors to choose between using federal bankruptcy rules or state rules for protecting their property.

Please call our office at (651) 628-9929 to speak with one of our bankruptcy attorneys at a free consultation.  We have many convenient locations throughout the state of Minnesota.  We would be happy to meet with you in the Twin Cities, Duluth, Rochester, St. Cloud, or Mankato.

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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Consequences Of Not Paying Credit Card Bills

Consequences Of Not Paying Credit Card Bills

  • Cardholders can contact the credit card company first if they know they will be late making payments. Companies are more likely to work out a payment plan if contacted by the cardholder. Additionally, cardholders should not ignore calls from creditors. It is a good idea to explain the situation and negotiate a payment plan.
  • 60 days delinquent: Credit card companies will pass the account to a collections department. Collection will become more aggressive and the lender will report the delinquency to a credit reporting company, if they have not already done so. Cardholder will likely have to pay a penalty, but may still be able to negotiate a payment plan.
  • 90 days delinquent: Credit card company will likely close the account and become even more aggressive in pursuing collection. Late fees and interest will accumulate. Cardholder can agree to a payment plan to restore the account.
  • Charge-off status: Credit card company will write the debt off as uncollectible, report status to credit reporting company, and may sell the account to a debt collector. Cardholder can negotiate a payment plan or settlement. If possible, it may be more beneficial to negotiate with original creditor. The settlement should be in writing and settle the account in full.
  • Court: The credit card company or debt collector can sue to collect the debt. If they win, a judgment could allow them to garnish wages or seize assets to cover the debt. Cardholders should appear in court if sued, otherwise the creditor will win by default.

 

 

Source:

Janna Herron, What If You Stop Paying Your Credit Cards?, https://today.msnbc.msn.com/id/43690720/ns/today-money/ (accessed July 31, 2011).

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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Submitting Evidence After Social Security Hearing


Video Transcription:

Hi my name is Andrew Kinney and I’m a Social Security attorney at Hoglund Law offices.  Today I wanted to talk about submitting evidence after your social security hearing.

Social security has hearings for people who are applying for disability insurance and supplemental security income.  First, there is an application, in most cases a reconsideration stage, and then a hearing.  The hearing is with a federal administrative law judge that looks at your medical records and decides your case based on that your testimony and other factors.

The subject today is unique because most times you should get your medical evidence in before your social security hearing, not after.  But sometimes you don’t have a choice.  Usually, what I see if we get involved in a social security claim and someone is unrepresented is that all the evidence was not to the judge on time.  Usually, when that happens we’re helping at the level after the appeals counsel level.  So we’re submitting evidence that should have been available before the hearing way too late, I would argue.  In social security claims its important all along the way to make sure social security has all the updated medical records at all the stages I talked about.  But what is particularly important, at least by when  your hearing is scheduled, is that you do a final push and get all the updated records from all the medical sources so that they’re available at the hearing.

In the situation at hand here, when I’m talking about submitting records after the hearing, one of challenges is that at some point after the hearing the judge will have a written decision.  The date of that written decision will be the last day the judge will look at this stuff for now.  You have an unknown deadline after a hearing to submit medical evidence.  What do you do about it?  Well, if you have an attorney with you at the hearing the attorney should ask to hold a record open. Typically, we ask the judge “Don’t make a decision your honor until we can get these specific records.”  Generally, judges have a deadline for that.  Now if you don’t have that agreement then you really don’t know if you’ll have time to get updated medical evidence.  So a backup option, particularly if you’re unrepresented is to call your hearing office after the hearing and talk to the assistant to the judge and ask can the judge not make a decision because there was some evidence that I forgot.

The basic idea here is you can get evidence in after a hearing at least according to the current law, but it’s not ideal in fact by any stretch of the imagination. You should at all cost try to get evidence in before.   If you do submit records after your hearing your attorney should submit a brief if at all possible explaining why these record are relevant in fact. Also it should be explained why they’re relevant and that the judge should look at them when the judge may have made a decision in the case but has not committed it to writing.  If you have more questions about Social Security benefits, applying for social security, or in the case of here, how should I handle my evidence in my social security claim well be happy to talk with you.  You can call 1-800-850-7867.  You can also go online at www.HoglundLaw.com and look up these sorts of issues.  Hopefully this helped today.  Thank 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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Top 5 Things To Know About Your SS Hearing


Video Transcription:

Hi, my name is Andrew Kinney.  I practice Social Security Law at Hoglund Law offices.  Today I wanted to talk about the 5 top things you need to know about your Social Security hearing.

Number one:  Why do you have a Social Security hearing?  Well at the Social Security process you have an application, reconsideration, and then you get to a hearing.  The hearing is different than the prior 2 stages because at the hearing you get to talk to the decision maker.  Who is the decision maker?  A judge.  You talk directly to a judge about your medical problems. The hearing itself can be an informal process. It’s a private conference room in which you can explain your situation and your day-to-day limits to someone.

The next thing you know: Two.  Who is at the hearing?  There’s the judge that I mentioned, you’re certainly there, it would be good to have an attorney there to cross-examine the experts.  There’s always, almost always I should say, a vocational expert.  Sometimes there is a medical expert either a psychologist or a medical doctor.  And finally there is a hearing monitor.  That hearing monitor makes sure a hearing goes smoothly.  There can be your family members sitting in back.  Keep in mind that I’m giving general ideas.

The third thing you need to know about your social security hearing is what happens at it? As I mentioned you’re giving testimony at the hearing.  You’re talking to the judge under oath about why you can’t work and specifically how you’re limited.  The medical records tell the judge what’s wrong with you. But, you’re saying well here’s how much I can lift, here’s how much I can carry, here’s how much I can walk, here’s how my depression affects my daily life, here’s how many anxiety attacks I have per month, or per week. There are many reasons people can’t work. The medical reasons involve functional limitations.  Keep in mind these is a video on what’s called an RFC about that topic.

The fourth thing you need to know about your hearing, how long is it?  Well that’s easy.  Generally hearings are between a half hour and an hour.  Now, that can vary as well.  In the hearing there is at least one expert, the vocational expert. The judge will ask you questions, then your attorney will ask you questions. Then the judge turns to at least the vocational expert ask questions and your attorney follows up with that as well.  The attorney should give a closing argument.  Hearings last about an hour, but different judges have different styles, and these judges are federal judges and whatever style they have its their hearing.  Just make sure you ask your attorney what’s this judge like?  An experienced attorney will let you know if they ask questions and maybe you need to ask what they mean again.  What’s important is that there is a personality to each of these judges and what’s important for your attorney to do is explain what the judge is like so it helps you have fewer questions at the hearing.

Finally, the fifth thing that you need to know about your hearing is when you get a decision.  I get this question a lot, usually before the hearing.  Sometimes it’s the cart before the horse because you need to get the hearing done first but it’s good to know what happens next.  Generally decisions are made between 2 and 4 months after the decision is in writing but there are exceptions to that, some judges use what’s called bench decisions. That would mean that you would get a decision from the judge, on the record at the hearing. Generally those are always favorable decisions.  But, ultimately you get a decision in writing after the hearing.  And if you have an expectation you can always be surprised if these is a decision that comes sooner.

Hopefully these 5 things you need to know about your Social Security hearing was helpful.  If you have more information about what to expect at a Social Security hearing, I happen to write a guide called a client’s guide to Social Security hearings.  You can just look at the search with those as search terms.  Look under client guide to social security hearings and hopefully you see the Hoglund law guide that shows a step-by-step more detailed than this video.

If you have more questions about just wanting help with your Social Security claim, about applying or appealing were happy to talk with you, you can call us at 1-800-850-7867, the number on our screen.  If there is any way we can help you we want to.  Thank 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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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.comWe 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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