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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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Statutory Blindness in Disability Claims

Social Security looks at visual disorders, which are abnormalities of the eye, the optic nerve, the optic tracts, or the brain that may cause loss of acuity or visual fields. The Social Security Act defines blindness as central visual acuity of 20/200 or less in the better eye with the use of correcting lens. Social Security uses your best corrected central visual acuity for distance in the better eye when they determine if you qualify for benefits.

With regards to your visual fields, Social Security states that an eye that has a visual field limitation such that the widest diameter of the visual field subtends an angle no greater than 20 degrees is considered as having a central visual acuity of 20/200 or less.

In order for Social Security to determine you satisfy the statutory blindness, your visual field or visual acuity testing must be consistent with the other medical evidence in your record. If you do have visual acuity or visual field loss, Social Security will need documentation of the actual cause of loss.

Visual acuity is tested by looking at your optimal visual acuity attainable with the use of a corrective lens. Your best corrected central visual acuity for distance is usually measured by determining what you can see from 20 feet. In some cases, visual acuity testing may be performed using a specialized lens. Social Security will use the visual acuity measurements obtained with a specialized lens only if you have demonstrated the ability to use the specialized lens on a sustained basis.

Visual field testing is generally needed when you have a visual disorder that could result in visual field loss, such as glaucoma, retinitis pigmentosa, or optic neuropathy.

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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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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Importance of Tracking All Relevant Medical Information

This blog post is in reference to another conversation that I had with a colleague after a hearing.  Prior to the hearing his paralegals had updated with a client what they thought was the “all inclusive” relevant medical information.  The phone call had lasted for roughly 45 minutes, and the client had assured the paralegals that they had given the attorney’s office the names of all of their clinics, hospitals, and other medical facilities that they had treated at.  The amount of sources seemed light, but the client assured her that those were the only places he had visited.

The day before the hearing the client and their attorney started talking about the treating sources and everything that was updated by the paralegal seemed to mesh.

On the day of the hearing they had the same conversation and according to the client all medical sources had been updated.

Then the testimony of the client began.  They suddenly had an epiphany and remembered 3 clinics that they had visited, including an MRI procedure!  The Administrative Law Judge was not impressed at all.  Specifically, he assumed that the attorney had not fulfilled their responsibility and threatened to file a board complaint if the updated records did not get submitted.  Thankfully the ALJ gave the attorney 30 days to get the records into his office and proceeded with the hearing.

The biggest loser on the day was not the attorney, but the client.  In a conversation afterward, the client admitted that he couldn’t remember the names of the facilities that he had treated at and assumed that this information would be have been included in his other information.  HE WAS WRONG.  Had he come clean and worked through the problem with the paralegal and/or his attorney the file would have been complete and a decision could have possibly been made in his case.  He had an ALJ with an extremely high approval rate (approximately 65%) and a tendency to want to make decisions in a “Bench Decision” format.  Now, he is stuck waiting 30 days for the Judge to make up his mind AND the possible 3-4 months it takes for a ALJ’s assistant to write a decision in the regular format.

The point of the story is this:  Clients, please keep track of all of your medical treating sources.  The more information you have about the facility, doctor’s name, tests performed, etc. the more information your attorney will request.  ALJ’s are forced to make decisions when all information (good and bad) is present.  Do yourself a favor and help your attorney do it right the first time.

-Written by an Attorney at Hoglund Law

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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Fixing Overlapping Payments

Legislation to extend unemployment benefits stalls in the United States Senate. The original plan passed by House Republicans and Democrats made its way to the Senate with optimism that it would be passed as outlined. However, Majority Leader Harry Reid proposed changes to the legislation that House Republicans, at this time, do not support. The original legislation extended unemployment benefits for an additional three months and were fully paid for. Under the latest Democratic initiative, unemployment benefits would be extended ten months and most of the $18 billion cost would have been offset by extending automatic spending cuts, known as “sequestration.” Another vote on this issue is expected next week.

This battle comes amidst recent legislation introduced in June 2013 aiming to reduce overlapping benefits and protect the integrity of the Social Security Disability Insurance and Unemployment Insurance programs. United States Senators Tom Coburn (R-OK), Jeff Flake (R-AZ), Angus King (I-ME), and Joe Manchin (D-WV) introduced the Reducing Overlapping Payments Act on June 6, 2013. The bill requires the Social Security Administration to suspend Disability Insurance benefits during any month in which a recipient also collects Unemployment Insurance benefits. The bill also ensures the Social Security Administration has the necessary information to identify overlapping payments.  According to the Government Accountability Office, in fiscal year 2010 over 117,000 individuals received more than $850 million in overlapping payments.

The Social Security Disability Insurance and Unemployment Benefits Double Dip Elimination Act of 2013 (H.R. 1502) has not had any movement since its introduction.

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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Technical Requirements for Social Security Disability Benefits

There are many people who suffer from severe impairments that make them unable to work. However, the Social Security Administration (SSA) will not evaluate the severity of the impairment until the claimant’s technical eligibility is addressed. There are two programs that SSA pays disability benefits through, but many people do not understand the technical eligibility aspect.

Disability Insurance Benefits (DIB), also called SSDI, is based off of an individual’s work history. The SSA looks to a credit based system to determine if one qualifies for DIB. The amount of credits an individual needs will vary depending on the age of the person. An important thing to understand is that a person may be eligible under this program at one point, but that eligibility does not last forever. A claimant must have worked long enough and recent enough to qualify. An Individual will run into problems when he has long gaps in his work history or if it has been a long time since he last worked.

Supplemental Security Income (SSI) is a needs based program. The claimant can be found eligible if he never worked a day in his life, but his financial situation must show a need for the benefit. The technical requirements for eligibility vary depending on whether the claimant is married or single, but both can only have a certain amount of assets to qualify. A single person is limited to having a maximum of $2,000 in assets, where as a married person can have $3,000 in assets. Certain assets such as the home a person lives in and a vehicle are excluded from this calculation. Additionally, one applying for SSI should be aware that a spouse’s income could disqualify a claimant for SSI.

If the technical requirements are not satisfied, then it does not matter how severe an individual’s impairment is because he will not be eligible for disability benefits. To get a better understanding of these two programs, it is beneficial to meet with an experienced disability 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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“But my child looks OK if you just meet him/her once”

Recently I have had a few hearings in which the Claimants suffered traumatic brain injuries (TBI) as young adults (19-25 years old).  In all three instances my clients’ had very supportive parents that provided structured, controlled living situations.  They were all allowed to participate in simple activities such as going to church, doing their own laundry, and riding with friends/relatives to medical appointments or sporting events.  They were not, however, capable of handling more stressful situations such as using public transportation on their own, going on job interviews or working, or being left alone at home for periods of time longer than their parents’ standard work day.

In all instances, the parents had the same worry about the Social Security Disability Administrative Hearing.  Since their children are able to handle conversations with people for short periods of time about superficial topics is the Administrative Law Judge going to see the “whole picture” of what the day-to-day limitations for the Claimant are?

The best answer to this question is, “It depends.”  TBI cases are most commonly analyzed under Listing 12.02.  To satisfy the “A” criteria of the listing one of the following must be met:

A. Demonstration of a loss of specific cognitive abilities or affective changes and the medically documented persistence of at least one of the following:

1. Disorientation to time and place; or

2. Memory impairment, either short-term (inability to learn new information), intermediate, or long-term (inability to remember information that was known sometime in the past); or

3. Perceptual or thinking disturbances (e.g., hallucinations, delusions); or

4. Change in personality; or

5. Disturbance in mood; or

6. Emotional lability (e.g., explosive temper outbursts, sudden crying, etc.) and impairment in impulse control; or

7. Loss of measured intellectual ability of at least 15 I.Q. points from premorbid levels or overall impairment index clearly within the severely impaired range on neuropsychological testing, e.g., Luria-Nebraska, Halstead-Reitan, etc;

To demonstrate the loss of cognitive abilities a person needs to treat with a psychiatrist on a regular and consistent basis after the traumatic incident.  The most important part of the treatment is to obtain the actual diagnosis of TBI.  The second most important is to have a support system established that can find specific instances of the above (1-6) changes and communicate them to the psychologist at every appointment.  The loss of I.Q can only be determined if there was a valid baseline score established by prior I.Q. test, which in most instances is rare.

Once a pattern of the loss of cognitive abilities is established and verified by a psychiatrist, the “B” criteria of the listing can be established.  To satisfy the “B” criteria two of the following must be considered “marked:”

B. Resulting in at least two of the following:

1. Marked restriction of activities of daily living; or

2. Marked difficulties in maintaining social functioning; or

3. Marked difficulties in maintaining concentration, persistence, or pace; or

4. Repeated episodes of decompensation, each of extended duration;

If the TBI occurred more than 2 years prior to the application date, the following “C” criteria of the listing are usually considered:

C. Medically documented history of a chronic organic mental disorder of at least 2 years’ duration that has caused more than a minimal limitation of ability to do basic work activities, with symptoms or signs currently attenuated by medication or psychosocial support, and one of the following:

1. Repeated episodes of decompensation, each of extended duration; or

2. A residual disease process that has resulted in such marginal adjustment that even a minimal increase in mental demands or change in the environment would be predicted to cause the individual to decompensate; or

3. Current history of 1 or more years’ inability to function outside a highly supportive living arrangement, with an indication of continued need for such an arrangement.

A representation of these issues laid out in the mental health treatment records is necessary to establish validity.  For example, if the Claimant cannot be left alone, argues with people for no apparent reason, and/or has problems with memory of important issues (names of parents/family, etc), the support system needs to track these behaviors and communicate them with the psychiatrist at every appointment.

Fortunately for my Clients and their families discussed at the beginning of this article, their treating mental health professionals kept diligent notes and discussed, in great detail, the difficulty that their patient’s had on a day-to-day basis.  The Medical record provided the ALJ with adequate information to get that “whole picture” of the client and not depend on a 15 minute conversation at the hearing.  They were all successful in obtaining benefits.

This article is not meant to be used as a complete analysis of how to argue a TBI before an Administrative Law Judge as TBI’s can have multiple symptoms which can effect more than one body system and can also be accompanied by other psychological diagnoses such as PTSD, anxiety, and depression.  Those diagnoses are analyzed with different listings (12.04 and 12.06) which a psychologist also can address.

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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Social Security Back Pay

As you may know by now, applying for Supplemental Security Income (SSI) or Social Security disability benefits is not something that happens overnight. It’s a process that takes about 12-16 months to fully complete. During this time you are most likely struggling to work or completely unable to work, preventing you from making an income to support yourself. Although there isn’t much the Social Security Administration can do to speed up this process, it is possible for them to help you out once you have been granted SSI or disability benefits (Note: not all will be entitled to back pay). They are able to do this through Social Security back pay.

There are a couple of things that go into determining how much back pay you’ll receive, some of these are listed below:
• Date you become physically/mentally disabled
• Date you stop working due to a physical/mental disability
• Date you file for SSI/disability benefits
• Date you are approved for SSI/disability benefits

Your back pay will also be determined on whether you are applying for SSI or Social Security disability benefits. As long as you meet both the medical and non-medical requirements (income related) you will be eligible for back pay under the SSI disability program. If qualified, under this program you could receive back pay from the date you filed for SSI.

If you are applying under the Social Security disability benefits program, the same qualifications apply. However, what back pay you get may differ from what you’d receive under the SSI program. Not only could you receive back pay from the date you applied, but you could be eligible for back pay 12 months before your application date. The biggest difference between this program and the SSI program is the fact that once you have been approved, the Social Security Administration will only pay benefits from 6 months after your disability onset date to the present. So the first 5 months after your disability onset date will not be included in back pay (this is known as the 5 month waiting period). They have this waiting period to ensure that benefits are only being paid to those who have a long-term disability and not a short-term disability (those with short-term would not qualify for such benefits). It is important to remember, though, that this waiting period won’t affect the date that you actually start receiving your benefits.

After being approved, it could take some time to receive you back pay benefits. If you applied under the SSI program you will see your back pay benefits come to you in portions rather than all at once. They do this to prevent from going over the program limitations. If you applied under the Social Security disability benefits program, you could see your back pay benefits come to you in a lump; however, you may have to wait a little longer to receive these benefits than you would if you were in the SSI program. Just keep in mind that there is no universal date as to when you will receive these back pay benefits, they will all differ with each individual case.

https://www.ssdrc.com/disabilityquestions4-26.html

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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HIV and Related Illnesses: Could I qualify for Social Security Disability?

Human Immunodeficiency Virus (HIV) is a virus that weakens your immune system. HIV is a virus that your body cannot fight off. There are medications that fight HIV, but are unable to completely get rid of it. An individual living with HIV can experience a range of other impairments, which could be a disabling condition. These impairment could include, but not limited to: chronic fatigue syndrome, mental health impairments, and common opportunistic infections that may lead to serious complications. Besides the impairments listed above, HIV could cause inflammation throughout the body. This in turn could lead to heart disease, liver disease, and kidney disease. It can also affect your brain and your ability to think.

How is HIV monitored? By frequent testing. Doctors keep track of a person with HIV by his/her CD4 cell count and viral load. HIV invades CD4 cells and copies itself and over time the immune system weakens. Viral load is the amount HIV in the blood.

HIV and the impairments caused due to HIV may qualify a person to receive social security disability. At Hoglund, Chwialkowski & Mrozik, PLLC, we provide confidential help throughout the social security disability process. To help in your claim, Social Security will need your medical history, reports from your doctors regarding both your physical capabilities and mental abilities. Also, throughout the process, it is beneficial to follow your physician’s orders and medications prescribed.

Reference: www.treathivnow.com and www.cdc.gov/hiv

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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Are You Eligible for Social Security Disability Benefits?

Have you found yourself questioning whether or not you are eligible for social security disability benefits?  There are a couple of things you can look at on your own to figure out whether you should apply for such benefits.  One of the biggest things to look at is how your disabling condition affects your working abilities.  If your condition is preventing you from working for a full year or it prevents you from making $1,040 per month you may want to consider applying for Supplemental Security Income (SSI).  On top of that, you should apply if you are struggling for over a year at work to perform simple everyday activities, such as walking or standing, due to your disability.  You may also want to look at your past experiences at work; look at how your work abilities have been affected by your disabling condition.  Are there things you could do before that you can no longer do now? If the answer to that question is yes, you could be eligible.  However, the Social Security Administration (SSA) will look into whether or not you have a capability of doing any other type of work.  For example, let’s say you have worked all your life at a job that requires you to stand. Recently, though, you suffer from a condition that prevents you from standing for long periods of time; the SSA will try to determine whether or not you could perform well at a job where you are sitting for most of the day.  If you are capable of doing different types of jobs you will not be found eligible for SSI.  However, if you are incapable of performing at your job and at other jobs with different types of work you could be found eligible.

Aside from looking at how your medical condition affects your abilities at work, you can look at a list of impairments provided by the SSA to determine if you are disabled and eligible for benefits.  The following link will bring you to a site that lists off the impairments that are thought of as so severe they prevent an individual from performing at work environments.  If your medical condition falls under any of these impairments, you may automatically be found eligible for social security benefits and SSI by the Social Security Administration.

These were just a few ways you can go about determining on your own whether or not you should apply for social security disability.  Keep in mind these are not for sure ways to determine whether or not you will receive SSI, but rather are just mere stepping stones in to determining whether you should apply or not.

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 Happens at a Social Security Hearing? Chapter 5

[The following  are part of a series that explains what happens before, during, and after Social Security hearings from an experienced Social Security benefits attorney.  Client names and particular fact patterns are changed to protect confidentiality.]

Chapter 5

Bad News.

Friday, December 28, 2012.  9:30 a.m.

Denise sat on her family room couch.  It was a few days after Christmas.  Through the window over the TV, snow covered the backyard yard and framed the windows with sparkles of white.  She breathed in.  Christmas was nice, she thought.  The Christmas tree in the corner was dry.  Tree lights sparkled in the slant of the morning sun.

The phone rang.  It startled her.

“Hon, bad news.”  It was her husband.  He was calling from work.  Her heart beat fast.

“What?”  His voice quivered.  “Hold on.”  She turned off the TV.

“They’re layin’ a bunch of us guys off here.  They’re movin’ things out of Minnesota.  Said state taxes are too high.  Damn them greedy politicians.”

“What are we going to do?”  Denise was running through a list of credit card bills coming in January.

“Hon, we’ll get some severance.  A bunch of us guys are talkin’ about unemployment.  I’ll start goin’ to the library and lookin’ for jobs.”  Denise’s eyes stung and she started crying.

He heard her.  “Hon, we’ll get through this.  Don’t worry, babe.  I’ll be home in a little bit.  We’ll talk more.”

Denise hung up.  He was a good man.  This was too much.  She put her fingertips into her forehead.  She gagged on a series of short breaths and cried.

Over the rest of the day and into the evening, news of factory job losses spread sadness.  Outside, snowflakes fell quietly, absorbing the sounds from the small town, fanning outward past the broad, recumbent fields.

Denise and her husband spent the next few days at home.  New Years’ came and went.  Days became weeks.  Into the new year, late at night in bed, they discussed their most pressing money troubles.

One night in bed, Denise was suddenly scared.  She looked at her husband.  “If I don’t have medical insurance, how will I prove my Social Security case?”  They could pay for her medical care, but they had very little money.  She needed a plan.

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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An Alternative Treatment for Arthritis

A procedure known as platelet rich plasma, or PRP injections, are being used to alleviate arthritis and other joint pain.  Avivia Gianetti is an active golfer who is in her late 50s.  However, soreness and pain running down her arms left her unable to play her favorite sport.  Not keen on the idea of surgery, her doctor suggested a new procedure known as PRP.  The procedure allows the patient to be relieved of pain without having to go under the knife.  In the procedure, the patient’s own plasma, a natural nutrient found in blood, is separated from the blood cells and injected into the damaged joints.  The PRP injection helps repair damaged cartilage and joints.

Notable athletes such as Kobe Bryant and Matt Forte have been using PRP to alleviate joint pain; however, baby boomers may want to take advantage of this alternative to surgery as well.  Due to the aging baby boomer population joint replacements are rapidly growing.  Knee replacement surgeries have doubled over the past decade.  Although many experts contend that PRP injections are not a proven substitute for surgery, they may be a good option for some.  Dr. Jazrawi states, “This is certainly, potentially one treatment option that may be utilized, but it’s not the magic bullet.”

Dr. Jazrawi uses the PRP injections most often in the treatment of chronic arthritis.  Patients are able to schedule a quick visit with Dr. Jazrawi to receive the injections.  And more often than not, one quick injection in Dr. Jazrawi’s office will allow a patient to get right back to their active lifestyle.  Dr. Jazrawi notes that PRP should not be the first-line of treatment.  Instead, he suggests that patients maintain an active and healthy lifestyle with dieting and exercise.  There is always a risk in applying new technology, and Dr. Jazrawi asserts that he does not want to apply this new technology in a haphazard manner.

 

Source:

Lara Salahi, Cutting Edge: Joint Injections Heal Baby Boomer Arthritis, https://abcnews.go.com/Health/Wellness/cutting-edge-joint-injections-heal-baby-boomer-arthritis/story?id=15214643 (accessed 12/22/2011)

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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Beating Type 2 diabetes may be just that simple

In an astounding study presented at Chicago’s Radiological Society of North America, a team from the Leiden University Medical Center found that Type 2 diabetes can be eliminated in patients in just four months.  What is the cure for Type 2 diabetes?  The answer to that question is simpler than you might think.  A low-calorie diet has shown effectively to cure Type 2 diabetes in just four months.

The Leiden University Medical Center in the Netherlands conducted a study that included seven men and eight women with Type 2 diabetes.  Each subject consumed just 500 calories a day for four months.  At the end of the study, the low-calorie diet effectively eliminated insulin dependence and reduced the amounts of dangerous fats around the heart in all 15 of the patients.  “It is striking to see how a relatively simple intervention of a very low-calorie diet effectively cures Type 2 diabetes,” said lead researcher Sebastian Hammer.

This extreme dieting may have long lasting effects as well.  In a similar study conducted by Newcastle University in the United Kingdom, many patients in the study remained disease free even several months after completing the program and returning to a normal diet.  Although the results of these tests are very promising, doctors warn that this type of therapy is not for everyone, and patients should consult with their doctors before beginning this type of reduced-calorie diet.

 

Source:

Yahoo! News, Reduced-calorie diet could beat diabetes in four months, https://news.yahoo.com/reduced-calorie-diet-could-beat-diabetes-four-months-164141607.html (accessed 12/6/2011)

 

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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Mixed Reviews in light of Social Security Administration’s Changes

Earlier in the year, the Social Security Administration in Baltimore decided to implement changes in the federal disability benefits program to reduce the straining backlog of applications.  The Social Security Administration implemented new medical examination policies, which Social Security Administration spokesman Mark Hinkle contends, “decisions are timelier… but this does not mean we are sacrificing quality for speed.”  However, some doctors have criticized some of the new policies.

New policies resulted in a vast increase in the number of people receiving benefits.  Doctors have been working harder and faster to meet the Social Security Administrations new standards.  The new policy resulted in a pay cut for doctors unless they were able to work faster to get through more cases.  Additionally doctors were required to stray farther from their areas of expertise.  As a result of the policy change, 45 of the 140 doctors working in the Baltimore offices either quit or were fired.

After implementation of the new procedures in Baltimore, eye doctors were assigned back-pain cases, dermatologists reviewed strokes, and gastroenterologists reviewed cases of deafness.  Although doctors receive extensive training in a broad range of cases, some of doctors have not examined certain medical issues in years.  As a result, Dr. Novin notes that some people who shouldn’t be getting benefits are getting it, and some people who should be getting it aren’t getting it.  Dr. Novan, the former chief of surgery at Baltimore’s Harbor Hospital contends that he was fired because he was pressured by a supervisor to change his medical opinion and award benefits when he did not believe the person was prevented from working.

The Social Security Administration previously has tried to improve the medical screening process; however, little success has resulted.  The Social Security Disability program certainly has not been an easy program to fix.  The agency is under extreme political pressure to reduce the backlog of cases, but at the same time, the changes in medical procedures is creating problems of its own.  Whatever, the final consensus is in Baltimore will surely affect the program in the rest of the country.  Many consider the Baltimore the flagship office of the Social Security Disability program.

Source:

Damian Paletta, Doctor Revolt Shakes Disability Program, https://online.wsj.com/article/SB10001424052970204621904577016221945984492.html (accessed11/22/2011)

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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Nigh shift workers are at greater risk for Type 2 diabetes

In a two decade long study, 177,184 women between the ages of 42 and 67 were followed as part of the Nurse’s Health Study.  One of the remarkable findings of the study was the increased likelihood of developing type-2 diabetes as the result of periodic night shift work.  Nurses who worked periodic night shifts for three years or less were 20% more likely to develop type-2 diabetes than those who only worked days.   Those who worked periodic night shifts for at least 20 years were at even greater risk for developing type-2 diabetes at the rate of 60% more likely than those who only worked days.

Doctor Frank Hu, a professor of nutrition and epidemiology at the Harvard School of Public Health notes that although the increased risk is not huge, it is still substantial enough considering one-fifth of the workforce has some rotating night shift work.  The increased risk is not attributable solely to the hours you work but may result from the side affects that are associated with periodic night shift work.  Doctor Hu contends, “Irregular work hours tend to disrupt the body’s circadian rhythms (also known as the “body clock”), which play a critical role in maintaining healthy blood-sugar metabolism and energy balance.”  This internal clock influences our ability to metabolize certain foods at certain times.  Thus if you go on a late night raid of the refrigerator, the enzymes needed to turn high-fat foods into energy may not be alert enough to handle the barrage, and result in those calories ending up as fat rather than fuel.

David Earnest, Ph.D., states that, “In the past 25 years, we’ve focused a lot on lifestyle issues such as maintaining a healthy diet and avoiding a sedentary lifestyle. But regardless of whether you’re a shift worker or not, that may not be enough to avoid these health issues.”  The study is not conclusive as to how much night shift work affects the risk of type-2 diabetes, but there is considerable evidence that periodic night shift work shows some increased risk of type-2 diabetes.  There are a combination of factors at play including family history, diet, weight, smoking, and exercise.  Now periodic night shift work may be another factor to add to that list.

 

 

Source:

Amanda Gardner, Night shift work may raise diabetes risk, https://www.cnn.com/2011/12/06/health/night-shifts-diabetes-link/index.html?hpt=hp_t2 (accessed 12/8/2011)

Nigh shift workers are at greater risk for Type 2 diabetes

In a two decade long study, 177,184 women between the ages of 42 and 67 were followed as part of the Nurse’s Health Study.  One of the remarkable findings of the study was the increased likelihood of developing type-2 diabetes as the result of periodic night shift work.  Nurses who worked periodic night shifts for three years or less were 20% more likely to develop type-2 diabetes than those who only worked days.   Those who worked periodic night shifts for at least 20 years were at even greater risk for developing type-2 diabetes at the rate of 60% more likely than those who only worked days.

Doctor Frank Hu, a professor of nutrition and epidemiology at the Harvard School of Public Health notes that although the increased risk is not huge, it is still substantial enough considering one-fifth of the workforce has some rotating night shift work.  The increased risk is not attributable solely to the hours you work but may result from the side affects that are associated with periodic night shift work.  Doctor Hu contends, “Irregular work hours tend to disrupt the body’s circadian rhythms (also known as the “body clock”), which play a critical role in maintaining healthy blood-sugar metabolism and energy balance.”  This internal clock influences our ability to metabolize certain foods at certain times.  Thus if you go on a late night raid of the refrigerator, the enzymes needed to turn high-fat foods into energy may not be alert enough to handle the barrage, and result in those calories ending up as fat rather than fuel.

David Earnest, Ph.D., states that, “In the past 25 years, we’ve focused a lot on lifestyle issues such as maintaining a healthy diet and avoiding a sedentary lifestyle. But regardless of whether you’re a shift worker or not, that may not be enough to avoid these health issues.”  The study is not conclusive as to how much night shift work affects the risk of type-2 diabetes, but there is considerable evidence that periodic night shift work shows some increased risk of type-2 diabetes.  There are a combination of factors at play including family history, diet, weight, smoking, and exercise.  Now periodic night shift work may be another factor to add to that list.

 

 

Source:

Amanda Gardner, Night shift work may raise diabetes risk, https://www.cnn.com/2011/12/06/health/night-shifts-diabetes-link/index.html?hpt=hp_t2 (accessed 12/8/2011)

 

 

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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Past Relevant Work


Video Transcription:

Hi, my name is Andrew Kinney.  I’m an attorney at Hoglund Law offices.  I practice Social Security Disability Law.  Today I wanted to talk about past relevant work.

It’s a phrase that Social Security uses a lot. It means the work you used to do within the last 15 years.  Why is past relevant work important to your case?  Well, when social security makes decisions about disability insurance and supplemental security income they go through a process.  They decide first if someone is currently working, it’s called SJ issues.  Then they look to what medical problems affect work in a basic way.  It’s called a severities step. The third step is deciding if the individual meets or equals any sort of definition or listing of disability.  The fourth step finally is can you return to you past relevant work; what you used to do?  And they have definitions of what you used to do exactly as opposed to what you used to do in the general category.  There is another step after that as to your ability to perform other work.  But in terms of performing past relevant work social security evaluates your past relevant work in every single case.

Now the essence of past relevant work is you probably know you can’t return to your past work if you’re applying for benefits, the medical standard is can you work full time at either your past work or other work.  That generally applies to most people depending on age.  So practically speaking, most people who are considering disability or have applied for social security disability benefits don’t think they can return to their past relevant work.

Now here’s the crux of the problem. Social Security, at least when you’re under 50, now will consider if you can return to not just what you used to do perhaps a specialist in something, skilled craftsman, maybe a lawyer. Social security will look not to whether you can return to that job let’s say you had a stroke and can’t concentrate too well they’ll consider that people under 50 whether they can return to other work as well.  So you can benefit greatly from having some legal advice as to whether you should apply or if you have applied how do I meet my definition of disability because if the only thing you can’t do is your past work you can probably perform some other part time work in some other capacity.   Your attorney is going to need to make arguments that you are by definition disabled.  You are by definition disabled if you meet certain criteria.  And again I’ll mention stroke but it can be any matter of health problems.  A lot of the health problems are listed under our disability library at www.HoglundLaw.com

The other instance where past relevant work actually is very important though is if you are over 50 or within 6 months of age 50.  And this can happen after you apply or can happen after you have your pending appeal.  In that case social security looks to see if you have physical restrictions first.  If physically you’re limited to sit down work or sedentary work.  And the definition of sedentary is within social security’s regulations.  As absorbed to the dictionary of occupational title.  Social Security looks to see if you can’t return to your past work and you’re limited to sit down work, if you’re over 50, and you don’t have skills that could shift into other sort of sedentary work you can be what’s called gridded out.  There are some guidelines that social security uses for people over 50 and that’s again an instance where past relevant work is crucial.

If you have questions about past relevant work please feel free, if you don’t already have an attorney call our office at 1-800-850-7867 you can also go on our website at www.HoglundLaw.com.  Hopefully this information can help you.  If we can actually represent you that’s wonderful.  But keep in mind that these concepts are specific to Social Security so getting to know them is very important.  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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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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Social Security Disabiltity Listed Impairments Information


Video Transcription:

“Hi, my name is Andrew Kinney.  I’m an attorney at Hoglund Law offices.  I practice Social Security Disability law.  Today I wanted to talk about listed impairments.

What does that mean?  Well in the world of social security law, social security takes any medical reason that you might be unable to work full-time and they define it.  There are certain levels of problems you can have either physically or emotionally that if they’re bad enough with enough measured criteria, you could be by definition disabled, so listings are essentially definitions of disability.  On our website at www.HoglundLaw.com we go through some of those definitions of disability and you can also find those on the ssa.gov website as well.

What does it matter that you have a listed impairment?  If you may have a listed impairment then you want to make sure that your doctor has perhaps documented this well or even written a letter laying out why it meets the definition of disability.  That could really make or break a case.  Otherwise if someone is not by definition disabled under the listings, you have to prove you are unable to perform past relevant work. We have a video on past relevant work.  So if you understand what a listed impairment is or a listing you can understand that its social security’s way of saying that you get a pass, you’re approved.

There are two ways you can meet the definition or at least be approved under a listing.  One is called meeting a listing.  All the elements of a listing laid out by the law are all in your medical record.  An alternative way that you can do that is what’s called equaling a listing.  If you’re at a hearing and there’s a medical expert testifying whether you meet or equal a listing that’s what that means, and ive even recently done this, you can argue why doesn’t my client equal a listing?  Equaling means that you don’t meet all the criteria but you meet most of it.  That’s very important, and allows a little fudge room.  If you have more questions about listings or more questions about help an attorney help you with ym case, feel free to go to our website at www.HoglundLaw.com.  You can also call us a 1-800-850-7867.  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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Will Social Security Checks Be Paid If Debt Ceiling Is Not Raised

Will Social Security Checks Be Paid If Debt Ceiling Is Not Raised

Around 28 million Americans are expecting to receive their Social Security checks on August 3, and 27 million are expecting their checks later in August. However, if Congress does not reach a deal to raise the national debt ceiling by the deadline of August 2, it is unknown if Social Security checks will be sent out. President Obama has warned Americans that the federal government may not be able to pay Social Security beneficiaries if a deal is not reached.

This is one of the few times Congress has failed to raise the debt ceiling when it has become necessary. Therefore, it is unclear what will happen if the debt limit is not raised by August 2. It is clear that the government will not be able to pay its bills in August. Estimates claim the government will be $134 billion short by the end of August.

Some have suggested that Social Security should use money from its trust fund to pay beneficiaries in August. However, Treasury Department officials do not support drawing from the trust fund. The trust fund holds IOUs, not actual money, that would have to be redeemed by the Treasury Department. Many Americans disagree and believe that President Obama can use the trust fund to make Social Security payments if necessary.

Source:

Tami Luhby, Debt Ceiling: Will I Get My Social Security Check?, https://money.cnn.com/2011/07/28/news/economy/debt_ceiling_social_security/index.htm?iid=HP_River (accessed July 29, 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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Amount Of Social Security Disability Benefits May Vary By Judge

Americans pursuing Social Security disability claims in court have experienced varying results. The Social Security Administration employs 1,400 administrative law judges (ALJs) to rule on appeals from people whose disability applications were denied. ALJs preside over cases that were previously denied twice. The Social Security Administration recently began releasing monthly data about how ALJs are deciding their cases. The data indicates that some ALJs grant benefits in most of their cases, while other judges rarely grant benefits. Congress and the Commissioner of Social Security are investigating the data. However, Social Security representatives are hesitant to disturb the independence of the ALJs. The Social Security Administration believes that “only a handful” of ALJs have abnormal approval ratings.

In 2010, over 2.9 million Americans applied for Social Security disability benefits, a 38% increase over five years. To deal with the increased number of applications, Social Security has employed 200 new ALJs and made the process for reviewing claims more efficient. The national average for wait times has dropped from 532 days in 2008 to 354 days in June.

 

Source:

 

Mike Chalmers, Data Show Disability Benefits Can Depend On Judge,

https://www.usatoday.com/money/workplace/2011-07-01-disability-denials_n.htm (accessed July 3, 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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Planning for Disability: When to Apply for Social Security Benefits

Hoglund Lawyer Andrew Kinney

I am Andrew Kinney, an attorney practicing exclusively Social Security disability law at Hoglund Law Offices.  I do about 400 or more hearings per year.  I am licensed in Minnesota, Wisconsin, Ohio, and New York.  Our team of Hoglund Lawyers travels across the country handling Social Security disability claims, and we currently have offices in Minnesota, Wisconsin, and Ohio.

Of the tens of thousands of calls to Hoglund Law Offices just last year, some calls about Social Security disability benefits came from people who were still working, but had serious medical problems that were going to cost them their jobs.

Losing your ability to work is frightening.  It is enough not to feel well.  Disability understandably takes a toll.  For some, being unable to work can feel demeaning.  I wish it didn’t.  Other than getting the right help from doctors, there is not much you can do.  For all, planning for disability is a difficult journey in need of a clear path.  As a lawyer practicing in the area of Social Security disability benefits law, what do I tell them?  If you or someone you know is facing disability, I hope the discussion below can help.

(I’ve formatted this “planning for disability” blog just like a phone conversation.  Here is a typical first call for help.)

“Andrew, new client call on line 704.”

“OK”.  I put my headset on.

Line 704:  “This is attorney Andrew Kinney.  Can I help you with questions about getting Social Security disability benefits?”

A hesitant female voice comes on the line.  “Yes.  My name is ________.  I’ve been diagnosed with _________.  I’ve started having more problems, so I’ve reduced my hours.  I don’t think I’ll be able to keep this job much longer.  I have some questions about Social Security benefits.”

“Sure.  This is a difficult situation.  What hours are you working per week now?”

“About 25 hours per week, but I’ve just used up my family medical leave.”

“Are you making over $1,000 gross before taxes a month?”

Pause.  “Yes.  I’m about at $1,200.  But my supervisor just told me that I’ll need to go to 20 hours per week.  I might be fired.  We’re talking about it this Friday.”

“At 20 hours per week, would you make under $1,000 per month once you are at 20 hours per week?”

“Yes.”  her voice is pained.  “Or it might be zero soon.  I don’t know what I’m going to do.  I’m also going to lose my insurance.”

“That’s why Social Security set up these benefits.  You have been paying for this federal disability insurance out of your paychecks.  Now, the reason I’m asking about your monthly income is that Social Security has income limits for people that apply.  In 2011 and last year, you are allowed to make up to $1,000 per month.  If you have been making more for 3 months in a row, Social Security decides that you are working.  People can apply for Social Security benefits if they are making less than this amount per month because of medical problems, and they expect they won’t get better for a year or more.”

“So when can I apply for Social Security benefits?”

I answer her question:  “When your monthly earnings go down below the level I mentioned.”

“Well, I’ll know soon enough.  I just can’t keep this job up.  I’m making mistakes at work.  My friends who know what’s going on are trying to cover for me.  It is getting too hard.”  She is exasperated.

“Well, it’s good you called.  This way you can know what to do next.  What I tell people is that they should work as long as they can within their doctor’s limits.  When you reasonably can’t work much more, you’ll know.  Your doctor will also know that you are trying to keep working.  A judge’ll ask why you stopped working anyway, so trying your best is good.  As for the legal standard of what a disability is, Social Security allows benefits if you can prove with medical treatment that your medical problems will keep you from working full-time for a year or more.”

She responds:  “My doctor told me that he doesn’t know how I’ve been able to work at all.”  She laughs a little.  “He said that he normally doesn’t believe in Social Security disability benefits, but he knows what is going on with me.  He said he would help me.”

“That’s good.  Tell me about your medical issues.”  She explains her situation, including a recent surgery.  I then explain the appeal process and how our law offices can help.  I get her address and other information.

Evauating her situation, I tell her, “OK.  I think we can help you.  First, though, keep in mind that your application needs to wait until you are in a new month when you are not making too much.  Second, remember that we help people apply.  So, keep our number handy.  Also, when are you next seeing your doctor?”

She pauses.  “I have an appointment in about 3 weeks.”

“Good.  If your hours go down like we discussed or you are let go, let your doctor know at that appointment that you might need a letter from him soon that helps explain your diagnoses and limitations.  These are called narrative letters, and this will outline what’s wrong.  Letters from treating doctors can be your best chance of approval at the application stage.  We expect, however, to go to a hearing.”

“I think he’ll write a letter.”  I explain the logistics of this letter.  “What about insurance?  If I’m fired, how will I keep going to my doctors?”

“You need to keep treating for your medical problems, especially if you start a disability benefits claim.  Here are some things to do.  You should write these things down:  First, you might look into getting insurance through your husband.  Second, as you stop working, find out from your employer how to extend your current insurance through COBRA coverage.  You may be able to extend this longer than others due to disability.  Third, ask about private disability benefits, either short or long-term.  Some employers have them.  Fourth, make sure you have copies of your employer’s benefits plans.  Finally, you should look into health coverage options through your county.  A call to your county can help you understand how that works.”

“Thanks.  I’ll do these things.”

“Well, this should cover things for now.  Also, remember that some people living off savings can have early withdrawal penalties from their 401k.  Ask the IRS about having this penalty waived due to disability.  If this issue comes up, contact a local IRS office about the process.”

“Thanks.”  She sounds a little relieved.

“Thank you for calling.  As I said, keep our number handy.  Let’s hope that you can keep working, but you’ve got a plan.”

*     *     *

Hopefully, the dialogue above — which happens a lot in our practice — helps you.  Planning for Social Security disability is possible.

One last thought.  At times, our legal judgment plays into the timing of a Social Security benefits application.  Once in a great while, my clients haven’t been treating as they stopped working.  In these cases, I may have a client delay his or her application a little while until they can get to see their doctors.  I’ve seen applications denied for lack of medical evidence, which is a shame for real medical problems.  Note that delaying applications, however, can also cause a loss of possible benefits.

Legal advice about this process is important.  So if you want legal advice, you need to call a law firm — not an “advocacy” group or corporation of “representatives” that processes claims.  Whoever you call, ask if they are a law firm up front.  Otherwise, you will not get legal advice.  You have a right to choose an experienced lawyer.  Get one.  At Hoglund Law Offices, we charge only a quarter of back-pay if you win.  You pay no money up front.  Ever.

My normal disclaimer:  You should get legal advice based on your unique situation, so make sure to call Hoglund Law Offices at 1-800-850-7867 or visit HoglundLaw.com if you have questions like this.  Please don’t rely on this one example.  If you call us, you can plan for disability.  Good luck.

Andrew W. Kinney, Esq.

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 the Social Security Disability Process Ignores the Real Job World

As I finished my Social Security disability hearings today, it struck me how often I need to explain what Social Security DOES NOT account for when evaluating Social Security claims.  Hopefully this blog will help.

Social Security allows you to receive benefits if your health will keep you from working full-time for 1 year or more.  As Hoglund Lawyers, we argue Social Security benefits claims every day.  Despite our immersion in legal procedure and complex medical arguments, we still need to remind our clients about the following simple fact:  Social Security ignores many non-medical reasons that keep people from working in the real world.

These are the top 6 real world concerns that the Social Security disability process ignores:

6.  I don’t  have the proper job experience.  Social Security, as a general rule, will only consider whether you can do:  (1) unskilled work, or (2) work using your skills from your past work.

5.  I have childcare issues.  Social Security does not account for the time or expense of your family obligations in deciding whether your medical problems affect your ability to work.

4.  I am not near any jobs.  Social Security only considers whether sufficient numbers of certain job categories exist in your general geographical region.

3.  No one would hire me with my medical/legal history.  Social Security only considers how your impairments impact your ability to work, not your ability to get hired.

2.  I don’t have transportation.  Social Security evaluates your ability to do jobs, not get to them.

1.  There are no open positions where I live.  Social Security accounts for jobs that exist, and ignores whether they are available.

Finding and keeping a job in this market can be difficult.  Severe medical problems can make this profoundly more difficult.  If you are trying to get Social Security disability benefits, take heart.  Make sure that you treat for your medical problems with a physician you trust.  If you don’t currently have medical insurance, see what’s available — including free medical clinics.

Although Social Security can ignore your practical life circumstances, it does account for your doctor’s documentation of your medical problems.

If you do not have an attorney helping you with your claim, it is important to get legal advice specific to your situation.  If you want legal advice from one of our lawyers at Hoglund Law Offices, you can reach our offices at 1-800-850-7867.  There is no fee unless you are approved.  If you are approved, our only fees are 25% of your back payment of benefits.

 → Click Here to Download your Free Hoglund Lawyer’s Guide to Security Security Hearings  

Andrew Kinney, Esq.

AMDG

 5 Secrets to Getting Social Security Benefits

Hoglund Lawyer Andrew Kinney

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 Chemical Dependency can Destroy your Social Security Benefits Claim

Andrew Kinney
Hoglund Lawyer Andrew Kinney

Chemical dependency (CD) can destroy your Social Security Disability benefits claim.  As an attorney who argues these kinds of claims every week, I’ll explain how this happens.  I’ll also explain how to make Social Security take your benefits claim seriously.

The Law

From my legal perspective, chemical dependency usually takes one of three forms:  Addiction to alcohol, illegal drugs, or prescribed medications.  Most often, I see chemical dependency issues in my clients with depression and anxiety.  It is not always clear which one came first.  My instinct tells me that, in most cases, the mental illness comes first.  Unfortunately, social security does not always care.  In the 1990’s, social security changed the law about how to evaluate chemical dependency.  Before this change, chemical dependency was its own disability.  After this change, chemical dependency became a basis for denial.  In social security’s view, chemical dependency exaggerates symptoms of mental illness and other impairments.  Social Security also attributes chemical dependency with reducing the effectiveness of medication.  This can be true.  But the actual cause and effect is usually unclear.  Experts in this field have confirmed this with me.  Regardless of this truth, people struggling with chemical dependency these days face an uphill battle in their social security claims.

Why Help Yourself?

What can you do about chemical dependency?  The most important thing is to get professional help now if you (or people you know) think you may have a chemical dependency problem.  Addictions of any kind can have a devastating effect on your health.  They can also unwittingly impact those who care about you.  Candor with your doctors and chemical dependency treatment by professionals is often the best way my clients get themselves out of this hole.   The present law, however imprecise and unscientific at times, can blame your disability on your chemical dependency and deny your claim.  Social Security denies legitimate claims by blaming chemical dependency.  I witness it first-hand all the time.

From my legal perspective, my clients who have gone to get professional help for their chemical dependency have strengthened their Social Security claims.  I can usually make stronger arguments in their favor on three basic levels.  First, clients who treat for chemical dependency are more credible.  I can argue that they have tried to help themselves.  Clients who recognize they may have an addiction and try to overcome it are more likely to get the decisionmaker’s ear.  The rationale is this:  It is easier for decisionmakers (or anyone, for that matter) to sympathize with people who are trying to get out of their holes rather than blaming society for them.  Second, clients who treat for chemical dependency generally have better medical records.  With treatment for chemical dependency, I can argue how medical records parse out chemical dependency from the underlying medical problems.  Third, clients who treat for chemical dependency also have stronger claims because they create a stronger platform for their underlying medical problems.  If I have clients who have overcome chemical dependency, I can argue that their medical problems have not changed in the 3 to 6 month window after they have quit.  If erasing chemical dependency does not change the severity of other impairments, it is undeniably logical  that chemical dependency was not “material” to their disability.  But if being clean and sober does make them better, they might be able to work.  In my book, this is the best case scenario.  When possible, working is a better alternative than benefits.  I wish all my clients got better.

What if I am Still Actively Addicted?

There are still some legal arguments if my clients are struggling with active chemical dependency.  In these situations, I look for how their treating providers view the chemical dependency.  Medical records generally rank order diagnoses, starting with the most significant.  Sometimes chemical dependency is not the first, or primary, diagnosis.  In these circumstances, there is an argument that chemical dependency is a secondary condition and therefore is not to blame for how bad the primary condition is.  Note, however, that this argument can be difficult.  Other arguments in this situation are similarly difficult.  For example, there is an argument that substanced-induced mental illnesses have diagnosis codes custom-tailored for “material” (a legal term) chemical dependacy.  A health professional who does not choose these codes arguably has not found chemical dependency material.

Chemical dependency is a very difficult problem.  Not feeling well does not make it any easier to face.  Getting help is a first step to getting out of this deepening hole.  If you have a social security benefits claim, it is important that Social Security focuses on the truth of your underlying medical problems.  Removing the fog of chemical dependency can not only help you, but it can also help your claim for benefits.

If you do not have an attorney helping you with your claim, it is important to get legal advice specific to your situation.  If you want legal advice from one of our lawyers at Hoglund Law Offices, you can reach our offices at 1-800-850-7867.  There is no fee unless you are approved.  If you are approved, our only fees are 25% of your backpayment of benefits.

→ Click Here to Download your Free Hoglund Lawyer’s Guide to Security Security Hearings

Andrew Kinney, Esq.

AMDG

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 4 Social Security Client Questions about Getting the Right Medical Treatment for your Social Security Claim

Hoglund Lawyer Andrew Kinney, Esq.

At administrative hearings with Social Security judges, our Hoglund lawyers argue disability methodically:  (1) Diagnosis, (2) imaging studies to support the diagnosis, (3) examination findings, and (4) client testimony.  Social Security’s decisions are primarily driven by medical treatment evidence.  So, getting the right medical treatment can make or break a case.

Four questions arise most frequently from our clients about medical treatment:

① Should I tell my doctor about my psychological needs?  Yes.  Depression, for example, is common for those with chronic pain.  I tell my clients to mention their legitimate concerns to their doctors.

② Should I treat for medical problems that doctors cannot fix?  Yes.  Some of our clients stop treating because medical care isn’t helping their symptoms, such as headaches.  But avoiding doctors offers no medical proof for Social Security.  Our clients should maintain appropriate doctor appointments at regular intervals.  This has two benefits.  One, it helps our clients’ doctors review the progress of the medical problems.  Two, it helps Social Security judges verify these problems.

③ How much medical treatment should I get?  Enough that doctors you trust are satisfied with your care.  Don’t get treatment to “game” the system.

④ Should I call my Social Security attorney about whether to get surgery?  No.  While it is good to keep us up-to-date about medical problems, I tell my clients to consult with their physician about what medical decisions are best for them.  Legally, Social Security judges will find the need for surgery relevant.

In short, clients should make good medical decisions to get better, not to get benefits.

If you are not our Social Security Benefits client yet, consult our law offices about your particular situation toll-free at:  1-800-850-7867.

Andrew W. Kinney, Esq.

© 2010, Hoglund Law Offices.  Reprint with written permission.

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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Hoglund Law Offices Attorney Presenting at National Conference

HOGLUND LAW OFFICES ANNOUNCEMENT

On Saturday, September 25, 2010, Andrew Kinney, Esq., from Hoglund Law Offices, is presenting a legal seminar on cross-examination techniques at the N.O.S.S.C.R. (National Organization of Social Security Claimants’ Representatives) conference in downtown Chicago.  His presentation will focus on teaching attorneys and representatives how to prepare for cross-examination and how to develop solid cross-examination techniques.  Mr. Kinney has practiced Social Security benefits law since 1992.

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 Lawyer Explains 10 Things that Happen at Hearings

(The following material includes excerpts from a recent Continuing Legal Education course offered by the author.)

Most of our Social Security benefits clients at Hoglund Law Offices ultimately go to Social Security hearings.  At these hearings, you will see your attorney function much like attorneys in trial courts.  These hearings, however, are informal and are run by judges — called administrative law judges.  These judges generally ask you important questions about your work history and medical problems.  Hearings usually last about 45 minutes to an hour.

Although some hearing procedures may vary, they generally follow the routine below (in a private conference room where everyone remains seated):

  1. The JUDGE swears you in.
  2. The JUDGE verifies whether you understand how the hearing works.
  3. The JUDGE verifies whether your medical records are complete in your hearing file.
  4. The JUDGE asks you questions about your past work, your medical problems, and how your medical problems have affected your day-to-day activities.
  5. Your ATTORNEY asks you questions.
  6. The JUDGE asks the Medical Expert (if present) about the diagnoses in the medical records and how they limit you.
  7. Your ATTORNEY cross-examines the Medical Expert.
  8. The JUDGE asks the Vocational Expert “hypothetical questions”.
  9. Your ATTORNEY cross-examines the Vocational Expert about the testimony and about additional limitations.
  10. Your ATTORNEY may make a closing argument.

Hearings with judges can seem intimidating to the uninitiated, but our clients understand that we are there to make sure the judge understands why they cannot work.

Andrew W. Kinney, Esq.

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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