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What is a Bankruptcy Trustee and what does it have to do with my Bankruptcy Case?

When you file a Chapter 7 bankruptcy, not only will you be working with an attorney, you will also work with bankruptcy trustee. While you will be working closely with your attorney throughout the whole filing process, you will not meet the trustee until the meeting of the creditors (also known as your 341 hearing).

The trustee is a third party, appointed by the United States Trustee, she herself is not a government employee. She does not represent you and she does not represent your creditors. The trustee represents the bankruptcy estate, and has several duties in doing so.

The trustee’s duties include:

  1. Conducting the meeting of creditors;
  2. Investigating your assets and claimed exemptions;
  3. Checking for fraud or inaccuracies and making objections when appropriate;
  4. Reviewing your right to a discharge;
  5. Sending any required notices related to domestic support obligations;
  6. Determining whether there any non-exempt assets to liquidate and distribute amongst your creditors;
  7. Gathering, protecting and preserving any non-exempt assets of the estate, or
  8. Ensuring statement of intention provisions are followed;
  9. If applicable, filing a report stating that no assets have been found

Written by Hoglund Law

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

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

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

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

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

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

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

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

Written by Hoglund Law

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

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Keeping a Seizure History or Diary

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

Written by Hoglund Law

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

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Why is a Medical Expert at my Hearing?

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

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

Written by Hoglund Law

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

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Why Does The Judge Care If I Have Children

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

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

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

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

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

Written by Hoglund Law

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

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

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

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

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

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

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

Written by Hoglund Law

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

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Who is Responsible for Obtaining Evidence for Your Hearing?

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

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

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

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

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

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

Written by Hoglund Law

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

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Preparing for a Social Security Disability Hearing – Medical Expert Testimony

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

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

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

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

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

Written by Hoglund Law

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

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Why Will There be a Vocational Expert at my Hearing?

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

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

Written by Hoglund Law

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

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Social Security Disability & Credibility

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

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

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

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

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

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

Written by Hoglund Law

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

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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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Over 50? Why Age Matters In A Social Security Disability Claim?


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 why age matters in social security claims.

We help many, many people.  Some are younger some are older.  Social Security Law treats older people differently, specifically people over 50.  Why does that matter?  Well the standards change at age 50.  Some people call it a grid, but Social Security calls it a medical vocational guideline.  What does that mean?  When you’re trying to prove you’re unable to work, you are left confronting the social security process. It’s very, very important to know what the standards are.

What would allow you to be approved?  If you’re over 50 and you have physical problems that require you to sit-down or do sedentary work, that may allow you an automatic approval with certain criteria met.  If you can’t return to your past relevant work, or what you used to do the last 15 years, there’s another video on past relevant work specifically.  So if you’re under 50  you maybe approved for Social Security benefits. But, if you’re over 50 or will soon be over 50 you could take advantage of the easier guidelines to be approved.

Now you don’t have to be limited to sedentary work only if you’re over 55 you might be limited to light level work, and social security has definitions of what light means, but you’re limited to certain physical kinds of work and you can’t return to your past work you might be able to be approved to social security easier. So, it’s good to know how your age matters.

If you have more questions about Social Security law, grids in particular feel free to go to our website at www.HoglundLaw.com.  You can also call us at 1-800-850-7867 if you think you might want to have a lawyer help you.  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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