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The Importance of Choosing the Correct Onset Date

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

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

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

 

By Shana Knotts

Can My Doctor Help Me Get My Social Security Disability Benefits?

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

Q: Can my doctor help me get my Social Security Disability benefits?
A: Yes! But perhaps not in the ways you would expect. I’ll explain.

In our law practice, we purposely do not interact with treating physicians. Our clients make their own health care choices. Our clients go to doctors because they want to get better, or at least improve their quality of life. We explain the law.
The Social Security Disability program is all about the medical evidence. Forget what you hear on TV. Talk is cheap. Regular medical treatment is important. Just as important, though, is developing a treating relationship with certain medical doctors you know and trust. When you treat properly with physicians you know and trust, you create a bread trail of your problems.

This is where your physicians can help you further. Right after your next appointment, ask the doctor who knows you best these things:

1. “Doctor, can you please make sure you document my problems well?”
2. “Doctor, can you please make sure your treatment notes are clear about how I am limited?”
3. “Doctor, I had to apply for Social Security benefits. Would you mind if my attorney sends you a short form to fill out about my limitations?”

It is vitally important that your medical treatment notes document your ongoing medical problems. Attorney forms track Social Security law. While it is unusual for physicians to object to an honest, straightforward approach to your medical care, it can happen. Some physician practices, including the VA, try to avoid “forms,” but they complete them for insurance daily. Some physicians say that they cannot “decide disability,” but they are not. They are simply determining physical and mental limitations for their patients—something they lay out for working patients with injuries all the time. Finally, some physicians think their patients over 50 can still do “desk work.” That is fine. Depending on your past kind of work you can no longer do, the law can still be on your side. Ask an experienced attorney in this area of law.

Your medical providers are trying to make you better. Keep trying to get better, and document the truth about your medical problems. Your Social Security attorney will argue the rest.

Andrew Kinney, Esq., 12/1/15

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

Can You Lie to Get Social Security Disability Benefits?

Q:  Can you lie to get Social Security Disability benefits?

A:  This question gets to the heart of the misunderstanding about the Social Security Disability program.  Anyone can lie about anything to anyone.  The real question, then, is whether lying can actually secure Social Security Disability benefits.  The short answer:  No.

The public at large is generally unaware about the level of medical evidence necessary to prove disability under the Social Security regulations.  Just having a physical or mental diagnosis is insufficient.  Your limitations must preclude your ability to work under the law.  The law does not allow mere “claims” of disability to prove limitations.  Medical testing and examinations over time must establish significant impairments.

Lying to an MRI won’t impact the results.  Lying to a physician will not change objective examination findings.  Lying to a psychiatrist will likely land you back in the waiting room.  You can try to fake a limp or fabricate headaches, but medical doctors are scientists.  The lack of objective detail will ultimately do you in.

So just how difficult is it to “talk” your way into benefits?  Let’s consider a real life example of a client of mine today who wasn’t lying about anxiety, but nonetheless will be denied benefits.  I had a Social Security hearing today in which my client had significant anxiety.  The lower State Agency level ignored the regulations in failing to get a treating source opinion (nothing new).  A government-paid “medical expert” at my client’s hearing droned on and on to use time, yet misread the file, inferred chemical dependency without a diagnosis, ignored hard evidence of disability from a psychiatrist, and missed another psychological diagnosis altogether.  The point?  Even people telling the truth with sufficient evidence (in this case, anxiety that left her virtually homebound) have a difficult time meeting Social Security’s regulatory standards.

What should you take from this blog?  Those who are approved for Social Security Disability benefits have medical professionals who have diagnosed, examined, and treated them over time.  Offer to open the door for them, not throw them under the bus.  You or a loved one could need these benefits next.

Andrew 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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Hoglund Lawyer Speaking at National Social Security Benefits Conference this May

Hoglund Lawyer Andrew Kinney is speaking at a national conference in May.  The topic is cross-examination of expert witnesses.

The session “Cross-Examining Experts: From Theory to Practice” has been scheduled for Friday, May 13, at 2:45-3:45pm.

The conference will be held in Baltimore by the National Organization of Social Security Claimants’ Representatives (NOSSCR).  For more information about NOSSCR, check out their web site:  NOSSCR.org

Andrew Kinney spoke on cross-examination at the national conference last September in Chicago.  Click here to view the presentation materials: “Rethinking Cross-Examination”

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 6 Client Questions about Getting Social Security Disability Benefits for Diabetes

1.  How do I prove that I am disabled due to diabetes?

Diabetes can be a very serious disease with multiple complications.  As with any claim for social security disability benefits, it is imperative that you treat regularly with a doctor, and follow their recommendations.  Lab reports are going to be important to show fluctuating blood sugar levels despite a regular course of treatment.  It is also essential that your symptoms are documented within your medical records.  Try to be as specific as possible when discussing your symptoms with your doctor.  For example, if you suffer from numbness in your hands and feet, tell your doctor exactly what activities are affected –such as using a computer, picking up change, or standing for extended periods of time.

Your medical diagnoses and treatment will be analyzed in conjunction with Social Security’s regulations which are called “Listings of Impairments.”  The primary listing for diabetes is Endocrine listing 9.08:

 

9.08 Diabetes mellitus. With:

A. Neuropathy demonstrated by significant and persistent disorganization of motor function in two extremities resulting in sustained disturbance of gross and dexterous movements, or gait and station (see 11.00C); or

B. Acidosis occurring at least on the average of once every 2 months documented by appropriate blood chemical tests (pH or pC02 or bicarbonate levels); or

C. Retinitis proliferans; evaluate the visual impairment under the criteria in 2.02, 2.03, or 2.04.

* In order to be approved for benefits, you must prove at least one of the above requirements.*

2.  What is neuropathy and how do I prove it?

Neuropathy is nerve damage.  Symptoms may include muscle weakness, cramping, spasms, tingling, numbness, and pain.  To meet the listing based on neuropathy, the claimant must show that at least two of his or her extremities (arms or legs) have such nerve damage that he or she has difficulty using them due to pain, numbness, etc.  An individual’s ability to stand and walk will be analyzed, as well as balance and coordination.

If you have been experiencing numbness, weakness, and pain and have not been diagnosed with neuropathy, it is extremely important that you bring this to your doctor’s attention.  Specific testing needs to be conducted to confirm the diagnosis.

3.  What is acidosis and how does Social Security view it?

Acidosis is defined as excess acid in the body fluids.  Diabetic ketoacidosis (DKA) is a potentially life-threatening complication in patients with diabetes mellitus, resulting from a shortage of insulin.  It may occur due to illness, poor compliance with insulin therapy, or other reasons.  Symptoms may include vomiting, dehydration, difficulty breathing, confusion, and coma.  Without proper treatment, diabetic ketoacidosis can lead to death.  Again, an individual must do their best to follow prescribed treatment for diabetes in order to be found disabled.

4.  What is retinitis proliferans and when might this allow an approval for benefits?

Retinitis proliferans is inflammation of the retina.  Diabetic retinopathy is analyzed under the third sub-section of the Diabetes Mellitus listing.  Social Security will evaluate a person’s vision difficulties under the following listings:

  • Loss of Visual Acuity (2.02)
  • Contraction of the Visual Fields in the Better Eye (2.03)
  • Loss of Visual Efficiency (2.04)

A person meets this listing if their vision after correction in the best eye is 20/200 or less, or other technical requirements involving their peripheral vision and loss of visual efficiency.

5.  What if my symptoms from diabetes do not meet Social Security’s Listing of Impairments?

 If your diabetes does not meet or equal Social Security’s criteria under the listings, your symptoms may still cause significant functional limitations which may prove you are unable to work.  An individual may have difficulty walking, standing, or may need to elevate their legs throughout the day.  Numbness in one’s hands may prove difficulty with tasks such as writing, typing, and using small objects.  Vision problems may prevent an individual from reading, using a computer, using small objects, or avoiding hazards in a work environment.  The functional limitations in combination may be enough to prove that no work would exist in the national economy for this individual.

6.  I received my first denial in the mail.  Now what?

Most claims are denied at the initial and reconsideration levels.  It is important not to give up, follow the appeal timelines, and being fully prepared at the time of a disability hearing.  Having representation and medical record documentation will make for the best chance of success.  If you have not hired a lawyer, you should get legal advice about your particular situation.  If you wish to call us about legal help with your Social Security disability claim, you can reach us toll-free at:   1-800-850-7867 or through HoglundLaw.com.

Laura Ross, Esq.

→ For a free Hoglund Lawyer Guide to Social Security Hearings, click here:  Free Guide

© 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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Fearing your Social Security Hearing? Read on.

As a Social Security benefits attorney from Hoglund Law Offices,  I help hundreds of my clients across the country get through their Social Security hearings each year.  You will get through it, too.  Below are some things my clients know and do before their hearings that put them more at ease.  As usual, make sure to get advice from an experienced attorney about your particular situation.

Since stress about your Social Security benefits hearing is about the unknown (beyond whether you will be approved or not), the more you know about your hearing day the better.  Your attorney can explain where your hearing is, who will be there, and how long it may take.  He or she should also explain the point of your hearing, and (with sufficient experience) possibly let you know your chances of approval.  First, your hearing location.

Where is my Hearing?

Once the hearing office schedules your hearing, you (and your attorney) should get a letter explaining the time and place of your hearing (your “hearing notice”).  Whether you have an attorney or not, you can drive to the location on a weekday a few days ahead of time to verify where it will be held.  (A weekday is important because some hearing locations may not be open on weekends.)  Once there, look at the surroundings.  Know which floor and area to go to.  Also anticipate practical concerns such as parking.  These steps lower stress on your hearing day.

Visiting your hearing site before your hearing day is also useful because hearings are not always where you expect them — even knowing the address.  Hearings aren’t always at a courthouse or a government center.  And don’t assume your hearing is where you may have originally signed up for benefits.  Hearings can, however, be in private office buildings, courthouses, city hall conference rooms, or even hotel conference rooms.  I even attended one in a hotel room with the beds moved and tables set up! (For the record, it wasn’t very comfortable).  So, pay close attention to the address and time of your hearing on your hearing notice.

I ask my clients to arrive at their hearings an hour earlier than the scheduled hearing time on the hearing day to avoid last minute problems.  I had one client who got a flat tire on his way to his hearing, but was able to get help to change it and arrive at his hearing before the scheduled time!

A hearing tip:  You may find the main hearing office phone number on the hearing notice.  Wherever your hearing is (at a main location or at a remote location), you can keep this number handy to call and ask directions if you are stuck.

A final note about your hearing location.  If you need to drive a distance that will be difficult for you, consider staying overnight at a hotel near (or at) your hearing location.  It may be worth the cost to know that you will not miss your hearing the next day.  (If you drive over 75 miles each way, check ahead with the hearing office about possible reimbursement for travel and the hotel).  Our discussion next turns to who is at your hearing.

Who’s at my Hearing?

Another way to reduce the stress about your Social Security benefits hearing is to know who will be there.  Your hearing notice can list the experts the judge wants at your hearing.  Below is a list of the people at Social Security hearings and their roles.  Keep in mind that one or both experts listed below may not be at your hearing.

(1) The Judge.  There will always be a Social Security administration law judge (“ALJ”) running your hearing.  He or she will almost always appear in person, though the judge can appear through live video or (rarely) by phone only.  The judge needs to ask you questions about your past work, your medical problems that affect your ability to work, and your day-to-day symptoms.

(2) Hearing Assistant.  The hearing assistant helps the judge record the hearing.  He or she is physically at the hearing site. Among other things, the hearing assistant gathers last minute paperwork from you, brings you into the hearing room, and shows you where to sit.  Only very rarely have I attended hearings without a hearing assistant on site.  The only one I can recall was a hearing for a prisoner in the prison’s cafeteria.  My client did not have any trouble finding that hearing location.

(3) Vocational Expert.  This government-appointed expert answers questions at your hearing from the judge about jobs that may exist for you despite your medical problems.  The vocational expert generally appears in person, but sometimes appears by phone.  Your attorney, your representative, or you (if you are unrepresented) may follow-up with questions for this expert once the judge is done questioning.

 (4) Medical Expert.  This government-appointed expert answers questions at your hearing from the judge about either your physical or emotional condition(s).  The medical expert, if there is one, generally appears in person, but he or she can also appear by video or phone.  As with the vocational expert, your attorney, your representative, or you (if you are unrepresented) may follow-up with questions for him or her once the judge is done with questions.

(5) You (and perhaps a few others that know you).  You should plan to be at your hearing in person.  (Very rarely, I have had clients appear by phone.  This is less than ideal, but better than nothing.)  You can plan to bring your family and friends to the hearing location on your hearing day.  Some of my clients also have their case worker or some other professional with them as well.  It helps to have people you know with you at the hearing site.  This reduces anxiety because people that care about you are with you.  In the hearing itself, however, you might want to plan bringing only a person or two with you.  In my experience, bringing more than a few people you know into the hearing room at one time tends to be distracting.

A word about witnesses.  You should expect to answer the judge’s basic questions directly.  Sometimes my clients want others to talk as witnesses — or even talk for them.  Attorneys can differ, but I generally want my clients to explain why they can’t work in their own words.  It’s OK.  You don’t have to be perfect.  So while other people may have some valuable things to say about you under certain circumstances, I tell my clients that the main goal of the hearing is to let the judge get to know you a little bit.  To this end, the judge needs to hear from you.  If you have an attorney (or representative), you can ask his or her advice before your hearing about how to handle witness testimony for your hearing.

Notice who is NOT on the list of people at your hearing above.  There is no jury, no government attorney, and no public at your hearing.  This is not People’s Court, it is your private hearing with your judge.  Now, the next subject is easy.

How Long is my Hearing?

If you worried that your hearing would take all day or more than one day — you are in luck.  I tell my clients that hearings generally take from 30 to 60 minutes.  The specifics of your hearing may vary.  For example, if your hearing is with a live judge and with no medical expert, your hearing may be more toward 45 minutes.  Just know that you usually show up at your hearing once, explain your situation, and you are done.  Follow-up hearings (called “supplemental” hearings) are relatively rare.  Next, the main question that (justifiably) worries almost all my clients.

How Will I Know if I am Approved?

In my experience, you should not expect your judge to announce his or her decision at your hearing.  There are exceptions, which an experienced attorney or representative can explain.  If you have someone representing you, he or she may be able to give you some idea of your chances of approval once your hearing is done.  Overall, I tell my clients to expect their hearing decisions by mail anytime from a few weeks to a few months after the hearing.  This varies region by region.  A regular hearing decision takes one of three forms:  A win (“fully favorable”), a partial win (“partially favorable”), or a loss (unfavorable).  If, instead, you withdraw your request for hearing (you should get advice on this situation from an attorney or representative), you will simply get a dismissal.

A special note:  Make sure to note any special medical circumstances (such as terminal illness) or financial circumstances (such as a pending eviction or foreclosure) to your attorney or judge on the hearing day if waiting more than a few weeks for your hearing decision would impose a unique hardship.  Now we get to the interesting potpourri of worries that (I am sometimes surprised) unnecessarily stress out my clients.

What my Hearing Isn’t About

Yes, there is a judge.  And yes, you need to talk.  But these hearings are private conference rooms.  As mentioned above, there is no jury and no public.  Also, there is no government attorney.  You are not being grilled on a witness stand, you are not reciting exact dates, and you are not reading off your prepared statement.  What you say, as a general rule, stays in the room.  Your hearing is not televised on Court TV.  The microphone in front of you does not broadcast out to the waiting room or some radio station.  No one on the street can ask if you have been at a hearing, look at your medical records, or even know that you have a claim.

The hearing is about you being yourself.  Now be forewarned, you can still have tough questions about some topics about your past that you would rather not talk about (such as previous convictions), but rest assured that these judges have heard it all.  They also know when someone is dodging direct questions about things already mentioned in the medical record.

Now, the most important advice for my clients over my years of hearings:  Tell the truth.  Keep it straight and don’t embellish.  Plan going into your hearing to simply lay out on the table what is (and isn’t) wrong with you.  Then, let the judge do his or her job.  Do not worry about whether your testimony sounds “disabling” enough.  Your strongest ally (for your attorney, too) is the truth.  If you know you have explained your situation the best you could, this has to be good enough.  Know that your medical records carry the most weight, and that anyone representing you should be engaged and asking questions at the hearing.  (If your attorney or representative wasn’t, ask why after the hearing.  He or she can submit written argument after the hearing if the situation warrants.)  Wait for your decision, and plan to appeal if necessary.  You may also be able to refile a new claim as well (depending on your situation).  Now, an inevitable question.

Should I Get an Attorney?

Although this section can seem self-serving, I will unlikely personally be at the hearings of many of you reading this.  Therefore, I’d rather just lay this on the line.

If you read through this blog entry, you’ll notice that if you hire an attorney (or a non-attorney representative) to be with you at your hearing, you might have many of your questions answered before going into your hearing.  This can reduce uncertainty about your hearing.  Once at your hearing, going at it alone can be distracting and stressful.  You would need to juggle understanding the issues, knowing your records, and critically listening to expert testimony — all while answering the judge’s questions.  If you can go it alone (and some do), more power to you.  But if you really want the best objective shot at getting approved (and you are trying to reduce the stress of the process), you should probably avoid doing legal surgery on yourself and look into getting help of some kind.  Even if you plan to go it alone until the hearing day, you still have a right to change your mind before the hearing gets going.  Just ask the judge to postpone your hearing once (for at least few weeks or more) so you can get help.

For those of you going ahead alone with your Social Security hearings, here are some ideas for you on hearing day:

  • Make sure your medical records are updated.  If not, point out what’s missing and ask for time to get it after the hearing.
  • Make sure any medical expert testimony you hear includes all your medical diagnoses and limitations from each problem, such as no bending, etc.
  • Make sure any vocational expert testimony you hear answers questions that include all your real-life medical limitations that affect your ability to work full-time.  These medical problems can include problems with attendance on “bad” days, trouble concentrating with pain, etc.  A special note:  Your need for childcare, your lack of transportation, your need for help finding or applying for open positions, or your minimum salary requirements are not medical limitations.

 Final Thoughts

A judge once mentioned to me that he was nervous at his first hearings.  And he ran them!  So remember, the judges and everyone else at hearings are people going about their regular jobs.  They have had hearings before yours, and will have hearings after yours.  Some judges are informal, others are more formal.  Just do your best to understand what will happen at your hearing with your judge, and hopefully the truth (with good advocacy) will prevail.  If you meet the legal criteria for Social Security benefits, I hope you get them.

Andrew Kinney, Esq.

*If this blog post helped you get through your hearing, please feel free to submit a Comment below to help others know.

© Copyright Andrew Kinney, Esq., Hoglund Law Offices, PLLC 2010.  Reprint by written permission only.

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 to get Social Security Benefits before and after Knee Replacement

As a Social Security benefits attorney at Hoglund Law Offices, roughly 30 or so of my clients per year have knee problems that require knee replacement surgery.  These clients are in two general camps at the hearing level.  Some await the surgery for either one or both knees.  Others have had the surgery and (at least by the time of the Social Security hearing) are at some point of recovery.

For those with knee problems who cannot walk effectively, Social Security applies 1.02A of the musculoskeletal listings (or definitions) of disability.  Listing 1.02A is below:

1.02 Major Dysfunction of a joint(s) (due to any cause):  Characterized by gross anatomical deformity (e.g., subluxation, contracture, bony or fibrous ankylosis, instability) and chronic joint pain and stiffness with signs of limitation of motion or other abnormal motion of the affected joint(s), and findings on appropriate medically acceptable imaging of joint space narrowing, bony destruction, or ankylosis of the affected joint(s). With:

A. Involvement of one major peripheral weight-bearing joint (i.e., hip, knee, or ankle), resulting in inability to ambulate effectively, as defined in 1.00B2b…

The phrase “major weight-bearing joint” in this listing basically means a joint you need to stand and walk.  Knees, along with hips and ankles, fall into this category.

 

Disability Benefits Before Knee Replacement Surgery

For my clients who need — but have not had — knee replacement surgery, the usual situation is that they have degenerative joint disease or internal joint derangement and the more conservative treatments, including arthroscopy, pool therapy, and/or therapeutic injections, have been unsuccessful.  Of this group, some await knee replacement surgery because their orthopedic surgeons were concerned about their younger age.  These clients seem to be under 50.  The rationale for waiting (when possible) is that artificial knee joints have a life span, and the procedure (apparently) cannot be repeated indefinitely.  If you face this situation, certainly discuss these issues thoroughly with your surgeon.

My clients awaiting knee replacement surgery are usually approved for benefits at Social Security benefits hearings under Listing 1.02A when they have:  (1) the appropriate imaging studies with “marked” findings, (2) examination and ongoing treatment by an orthopedic specialist, and (3) comments about knee replacement in the treatment records.

A practice note for attorneys and representatives:  I ask my clients with ongoing knee problems about hip and low back issues.  I also ask if the better knee is getting worse because of favoring it.  My clients commonly develop these problems  because of their difficulties walking (their “gait”).  These collective mobility issues are taken into account at a hearing.

Disability Benefits After Knee Replacement Surgery

For my clients who have had knee replacement surgery, the general questions shift to two areas:  (1) duration (when will full recovery occur) and (2) the ongoing mechanical integrity of the artificial joint.  As for durational issues, I hope my clients benefit from knee replacement surgery so they can get on with their lives.  Still, at least a year of disability leading into and after the replacement surgery is necessary for approval for benefits.  Technically, if post-surgical recovery happens before a Social Security benefits hearing, a “closed period” of benefits may apply.  This means that only backpay, and not ongoing monthly benefits, are payable.  This makes sense if your new knee joint gets you back on your feet again.

As for mechanical integrity of the artifical knee joint, a have had a few clients who, despite knee replacement and the proper follow-up treatment, still have issues with the joint.  They may have problems with locking or clicking.  Again, discuss these situations with a qualified professional.  In the context of Social Security benefits, you may get ongoing benefits if the knee replacement is less than fully functional.  The question becomes a matter of degree.

A practice note for attorneys and representatives:  If your client needs a cane when standing, you can argue at a hearing that he or she  is effectively “one-handed” when standing at potential jobs, even under a “sit-stand option”.  Important, too, is whether or not your client holds the cane with his or her dominant hand.

A final thought.  Social Security benefits are also available for those who may not need knee replacement surgery in the foreseeable future.  The ultimate question is how your collective medical issues (physical and emotional) impact your ability to work full-time.  There are many problems people can have with joints, such as gout and rheumatoid arthritis.  Pain and immobility from these conditions and others can, depending on the severity, allow you to receive Social Security benefits.

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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