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What Does it Really Mean to be Approved for Social Security Disability Benefits?

Q & A with 20+ year Social Security Disability Attorney Andrew Kinney

Q: What does it really mean to be approved for Social Security Disability benefits?

A: The media and some political leadership would have us believe that people are clamoring to live off government benefits. While there are freeloaders in all sectors (including the two above-mentioned groups), I want to offer you a more accurate portrait from someone who has sat with thousands of disabled people.

Almost all the people our law offices has represented for Social Security benefits (upwards of 50,000 at last count) would rather work. For many, applying for benefits is a failure. A failure to themselves, their families, and a failure in life. To even apply for benefits can a miserable recognition that everything they hoped for and dreamed to do is gone. Not such a pretty picture so far, now, is it?

Social Security Disability benefits do not nearly pay as well as working. And Social Security’s failure to hire sufficient numbers of judges has caused clients to lose their homes, families, everything—including dignity. Some tell me they must accept welfare, having vowed to never do so in their “working” lives. Personal philosophy doesn’t do a damn to heal their wounds or pay their bills.

The real way to understand what I have described above is to sit and talk with some of those who are applying. Perhaps sift through a few hundred pages of their medical records. And really listen before coming to conclusions. With any experience, you will recognize that disabled people are not statistics in government publications, they are not props in committee meetings with prepared minutes. These are real people who need benefits for very real reasons despite working very hard with doctors to get better. They aren’t freeloaders.

Go ahead. Call your disabled neighbor, close friend, family member, or (God forbid someday) yourself a freeloader. See how far that gets you. Then, take actual time to understand the people who rely on the disability program. Many, many people are in real need.
Listen to me here. When you truly understand real suffering, you know it doesn’t lie.

Andrew Kinney, Esq., 11/30/15

Social Security Disability and the On the Record Process

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

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

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

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

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

Written by Hoglund Law

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

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Transferability of Job Skills

An important part of the Social Security Disability analysis arises, especially if the claimant is over 50, as to whether the person has obtained skills from his or her prior work that could transfer into an easier, less demanding job. SSR 82-41 explains the concepts of “skills” and “transferability of skills” and clarifies how these concepts are used.

Skill is defined as knowledge of a work activity which requires the exercise of significant judgment that goes beyond the carrying out of simple job duties and is acquired through performance of an occupation which is above the unskilled level (requires more than 30 days to learn). It is practical and familiar knowledge of the principles and processes of an art, science or trade, combined with the ability to apply them in practice in a proper and approved manner. This includes activities like making precise measurements, reading blueprints, and setting up and operating complex machinery. A skill gives a person a special advantage over unskilled workers in the labor market.

Transferability is defined as applying work skills which a person has demonstrated in vocationally relevant past jobs to meet the requirements of other skilled or semiskilled jobs. Transferability is distinct from the usage of skills recent learned in school which may serve as a basis for direct entry into skilled work.

SSR 82-41 also explains the difference between a “skill” and a “trait” explaining that the qualities of “alertness,” “coordination and dexterity with the use of hands or feet for the rapid performance of repetitive work tasks” are traits and not skills. “It is the acquired capacity to perform the work activities with facility (rather than the traits themselves) that gives rise to potentially transferable skills.

Finally, SSR 82-41 specifically provides that the ALJ set forth findings of fact regarding the issue of transferability of skills. SSR 82-41 states “When the issue of skills and their transferability must be decided, the adjudicator or ALJ is required to make certain findings of fact and include them in the written decision. Findings should be supported with appropriate documentation. When a finding is made that a claimant has transferable skills, the acquired work skills must be identified, and specific occupations to which the acquired work skills are transferable must be cited in the State agency’s determination or ALJ’s decision. Evidence that these specific skills or semiskilled jobs exist in significant numbers in the national economy should be included (the regulation take administrative notice only of the existence of unskilled sedentary, light, and medium jobs in the national economy).

Transferability of skills is an important part of the disability analysis and can potentially lead to a denial. It is the last step in the disability analysis to decide whether someone should be determined Disabled. Vocational expert testimony is extremely important and can seem to vary based off who is testifying. Having an experienced attorney represent you who knows the regulations and the right questions to ask during cross examination can potentially make the difference between winning or losing a claim for 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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Why is a Medical Expert at my Hearing?

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

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

Written by Hoglund Law

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

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Stopping Lawsuits, Garnishments and Bank Levies

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

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

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

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

Written by Hoglund Law

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

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Why Does The Judge Care If I Have Children

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

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

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

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

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

Written by Hoglund Law

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

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

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

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

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

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

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

Written by Hoglund Law

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

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Who is Responsible for Obtaining Evidence for Your Hearing?

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

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

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

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

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

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

Written by Hoglund Law

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

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Preparing for a Social Security Disability Hearing – Medical Expert Testimony

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

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

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

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

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

Written by Hoglund Law

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

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Why Will There be a Vocational Expert at my Hearing?

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

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

Written by Hoglund Law

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

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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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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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Submitting Evidence After Social Security Hearing


Video Transcription:

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

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

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

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

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

 

Written by Hoglund Law

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

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Top 5 Things To Know About Your SS Hearing


Video Transcription:

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

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

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

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

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

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

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

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

 

Written by Hoglund Law

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

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


Video Transcription:

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

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

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

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

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

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

Written by Hoglund Law

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

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