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How Should an Experienced Social Security Lawyer Handle Evidence at your Social Security Disability Hearing?

Hoglund Lawyer Andrew Kinney

Legal strategy is important in Social Security benefits claims.  That is why many people applying for Social Security disability benefits (and SSI benefits) hire a law firm with licensed lawyers and experienced paralegals to help them.  One area of legal strategy involves the best way to manage the medical evidence in your claim. It can take a long time to get your hearing day with a judge for your Social Security disability benefits claim.  Once you have your hearing, should your lawyer simply wait for the decision?  Not necessarily.

Hearings for Social Security Disability Insurance (SSDI) claims and Supplemental Security Income (SSI) claims involve medical evidence. All medical evidence should be requested and submitted electronically as soon as it is received so it is available before the scheduled hearing day for review by your judge and the experts. Sometimes, for whatever reason, not all the evidence is available on the hearing day.  Also, sometimes there is other evidence that will support your medical treatment evidence.  What is it?  How can your lawyer submit it?  This depends on the kind of evidence that you need to prove your claim and the experience of your law firm.

Unimportant evidence

Not all evidence carries the same weight in your claim for Social Security benefits.  If there is missing evidence on the hearing day that is non-essential to your claim, your lawyer should explain that — in his or her legal judgment — this evidence will not make a difference in your case.  For example, if you have depression as your primary disability, new chiropractic records for a minor back problem are unlikely going to impact the judge’s decision.

Slow Treating Sources

If the missing evidence is essential to your claim, such as from a regular treating source, your lawyer should ask the judge to “hold the hearing record open” to receive these records post-hearing. This offers extra protection to avoid a decision before the missing evidence gets into the post-hearing record.  For example, if your MRI of your lower back was taken three weeks before your hearing, it may be available soon after the hearing.  In a back case, this can be critical evidence.  Your lawyer would ask the ALJ to hold the record open to receive the MRI, usually with a deadline.  Your lawyer may also submit a legal argument along with this post-hearing evidence if necessary to emphasize the relevance of the new test. Licensed legal training matters.

Subpoenas

What if your law firm, despite due diligence, cannot get your medical provider to release important records before (and even after) a hearing?  If the medical evidence is essential to your claim, your lawyer should request the ALJ to subpoena these records.  At Hoglund Law Offices, a subpoena request is rare.  We try to avoid them by making multiple record requests and follow-ups.  Under the right circumstances, though, an ALJ’s subpoena for medical records gets results.  Your lawyer should be familiar with the regulations about subpoenas.  Your claim may hinge on this evidence.  If you are unsure about your law firm’s experience in this area, ask.

Forgotten Treatment

What if you forget to tell your law firm about medical treatment before the hearing?  Regretfully, this can happen.  Tell your lawyer immediately about this — even after a hearing.  Your lawyer can only request records he or she knows about.  Sometimes your lawyer can request a judge to hold the record open after the hearing by explaining what happened.  Sometimes simply submitting the new records is the only option.  New evidence may, at a minimum, be relevant on appeal.  Ask your law firm about strategies for Appeals Council appeals.  Good lawyers plan how they would appeal every case, including yours.

Uncovering New Evidence

How does a Social Security law firm with experience where you live help you?  Good local law offices can have intuitions about where related medical records are.  Your law firm’s experience and persistence with your region’s different medical facilities can help ensure that requests, once made, get where they need to.  But even the best intuition still needs your help.  If you haven’t had a hearing yet, try to write down everywhere you have received treatment — especially since you stopped working.  A one-time visit with a neurologist can make a difference in your claim depending on the other medical evidence.  All treatment can count.  Your lawyer can ultimately decide what’s important.  At Hoglund Law Offices, our lawyers make these kinds of decisions all the time.

Creative Evidence

Your law firm’s experience can count, particularly when it comes to creative evidence.  Evidence is not limited to traditional medical records.  At Hoglund Law Offices, we find alternative evidence can be strong secondary support for medical treatment records. Depending on the situation, we can submit county forms from physicians for welfare benefits, VA benefits decisions, court commitment evaluations, personal medical journals, workers’ compensation evaluations, child custody documentation of inability to work, vocational training records, and the list goes on. Sometimes a point of contention first arises at the hearing.  In these situations, a post-hearing treating medical opinion can “plug a hole” in the evidence.

Hopefully after reading this, you can see how legal experience can impact what your lawyer and your law firm does before and after your Social Security hearing.  How your lawyer handles your evidence can make a difference.  If you have questions about Hoglund Law Offices or our Hoglund Lawyers, please feel free to visit HoglundLaw.com or call us toll-free at 1-855-780-4357.

 

Andrew Kinney, Esq.

*** Attorney Andrew Kinney speaks locally, statewide, and nationally on Social Security Disability Law.  If you wish for him to speak or train at your upcoming professional function, please contact his offices for details.  For examples of topics in our Hoglund Lawyer Disability Library, click here:  Top 5 Ways to get Approved 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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Getting Social Security Disability Benefits for Traumatic Brain Injury (TBI)

As an attorney representing clients in Social Security disability benefits claims, I have helped a number of people who suffered from traumatic brain injuries, or TBI.  In just the last couple weeks, I have helped 4 people in this situation. Some discussion of the challenges proving disability in these cases may help others.  Please feel free to pass this blog along to others.

Over the years, my clients with TBI have been in bad car accidents, have fallen from heights, have suffered from failed suicide attempts, or were victims of violent assault.  Some suffered brain trauma from medical conditions such as a stroke.  Whatever the cause, what does Social Security look for when evaluating such a person’s ability to work a full-time job?

First, let’s go to the “Listings,” or definitions, of disability the Social Security Administration uses to initially evaluate TBI.  Under the title “organic mental disorders,” Social Security lays out what combined functional limitations would automatically result in disability for TBI:

 

12.02 Organic mental disorders: Psychological or behavioral abnormalities associated with a dysfunction of the brain. History and physical examination or laboratory tests demonstrate the presence of a specific organic factor judged to be etiologically related to the abnormal mental state and loss of previously acquired functional abilities.

The required level of severity for these disorders is met when the requirements in both A and B are satisfied, or when the requirements in C are satisfied.

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

1. Disorientation to time and place; or

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

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

4. Change in personality; or

5. Disturbance in mood; or

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

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

AND

B. Resulting in at least two of the following:

1. Marked restriction of activities of daily living; or

2. Marked difficulties in maintaining social functioning; or

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

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

OR

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

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

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

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

These definitions appear clear enough, but these standards are difficult to prove in practice.  Why?

Let’s discuss the reality of TBI, which many of you reading this may already know too well.  The brain is complicated.  Brain injuries can cause much physical and mental damage depending on the type of injury.  In some ways, the brain can recover over time — especially for those who are younger.  In other ways, the brain cannot fully recover.  TBI can involve a very complicated and drawn out recovery.  It is always good to work for improvement, but recovery can be elusive.

In Social Security’s world, it is not enough to have behavioral changes from TBI.  Social Security needs objective measures of cognitive dysfunction.  For example, you can have a personality change from a TBI, but this does not necessarily result in marked limitations in social functioning as required by the “B” criteria of the Listing above.  In other cases, short-term memory is affected, but not long-term.  How exactly does this correspond to the ability to concentrate?  A common thread in many of my TBI clients is a very short-temper.  How do you objectively measure these problems to prove disability?

Neuropsychological testing.  In my legal experience, this testing is the gold standard for TBI cases.  If I go to a hearing, I can argue testing results that objectively measure the damage to cognitive function.  I did it at a hearing today.  “Neuropsych” testing teases out many intangibles of cognitive dysfunction in ways that traditional mental health treatment cannot.  Personality “quirks” that come out during a 1/2 hour mental health appointment may actually be pathology from a TBI.  How do you get this testing?  Ask your mental health provider.  Psychologists giving these tests have specialized training.  This testing can help you recover from a TBI.  Results can direct psychological treatment and strategies for occupational therapy.  I have seen some providers order neuropsych testing relatively soon after a TBI and another at a later interval to measure improvement against the original baseline test.

If you or a loved one believe you have problems associated with a TBI, even post-concussion syndrome, make sure to point out your specific concerns to the doctor.  The doctor can only treat problems he or she knows about.  Describe your concerns, big and small, and ask questions about the right treatment for you or your loved one.  If you have further questions about how to argue for Social Security Disability benefits for TBI or any other disability, you should contact an attorney in a law firm about your specific legal situation.

Only lawyers in law firms can give you legal advice.  If you wish to contact us, you can reach Hoglund Law Offices at 1-800-850-7867.  We have licensed lawyers to assist you.  You can also visit our website at HoglundLaw.com.

 

Andrew W. Kinney, Esq.
Attorney Andrew Kinney

Hoglund Law Offices

5/9/11

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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Download your FREE Hoglund Lawyer Guide to Social Security Hearings

Hoglund Lawyer Andrew Kinney, Esq.

 → Click Here to Download your Free Lawyer Guide to Security Security Hearings

Hoglund Lawyer Andrew Kinney, Esq., has just published a free “Client Legal Guide to Social Security Hearings.”  Finally, a way to understand what to expect at a hearing from a Hoglund Lawyer who does 400-500 Social Security hearings a year!

This free 28-page client guide explains the entire hearing process, and shows you how your Hoglund Lawyer can help you get approved for Social Security benefits.

Andrew Kinney explained why he wrote the guide:

I wanted to help our clients understand what to expect at our hearings.  There are federal judges and experts, and the process can be scary even with one of our Hoglund Lawyers there with you.  We’ve found over the years that our clients benefit from knowing what’s going on at the hearings — especially when we are cross-examining experts or giving closing legal arguments.

An excerpt from page 26 of the free Hoglund Lawyer Guide:

Know that at your hearing, you are helping the judge understand your medical problems.  Most people know how they feel day-to-day.  Your attorney can describe the kinds of questions the judge may ask.  The judge can read your medical records, but you are there in person to give your side of the story and make your situation ‘real’ for the judge.

This full color, fully indexed and bookmarked Hoglund Lawyer Guide answers these questions:

  • What is a Social Security benefits hearing?
  • What am I trying to prove at my Social Security benefits hearing?
  • Are there different kinds of Social Security benefits hearings?
  • Who is at my Social Security benefits hearing?
  • What will happen at my hearing?
  • What should I bring? What should I wear?
  • Fearing your hearing?
  • Does my attorney need any legal forms for my hearing?
  • What happens just before my hearing?
  • What is my Social Security hearing file?
  • What if I miss my hearing?
  • What kinds of Social Security benefits are there for disabled people?
  • When am I first disabled?
  • What is my “Filing Date”?
  • Does my “Filing Date” matter?
  • Does Social Security make findings like workers’ compensation?
  • What if I already receive disability from the VA?
  • What is the most important legal concept I should know before my hearing?
  • Does age matter?
  • Can children under 18 receive Social Security benefits?
  • How are children under 18 evaluated for disability at a hearing?
  • What must my judge ask me at my Social Security hearing? What do I do after my hearing?
  • How will I know whether I won or lost my hearing?
  • Could I have a supplemental hearing?
  • What is the full Social Security benefits appeal process?
  • How will my attorney prepare for my Social Security hearing?
  • How do I get paid?
  • How does my attorney get paid?

About the Author:

Attorney Andrew Kinney began practicing Social Security benefits law in 1992.  He graduated from the University of Notre Dame and Marquette Law School.  Since 1995, he has presented seminars on Social Security to lawyers and related professionals.  He is licensed to practice law in Minnesota, New York, Ohio, and Wisconsin.  He is next scheduled to present a legal seminar on cross-examination skills at a national conference in Chicago in the fall of 2010.

If you would like to arrange for him to speak about Social Security Disability Benefits at your next group event, please feel free to call his offices at:  1-800-850-7867.

→ Click here for YouTube video of Andrew Kinney:  5 Secrets to Getting Social Security Disability Benefits  

If you are not a current Hoglund Law Offices client, make sure to get legal advice about your particular situation.  To call us about representing you with your Social Security benefits claim, call toll-free now at:  1-800-850-7867.

Remember, only a lawyer at a law firm can give you legal advice.  At Hoglund Law Offices, attorney fees are a quarter of back pay only if you win!

© 2010, Hoglund Law Offices

Written by Hoglund Law

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

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

Hoglund Lawyer Andrew Kinney, Esq.

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

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

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

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

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

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

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

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

Andrew W. Kinney, Esq.

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

Written by Hoglund Law

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

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A Social Security Lawyer’s Top 7 Questions about Getting Benefits for Asthma & COPD

Top 7 Questions about Getting Social Security Benefits for Asthma & COPD

At administrative hearings with Social Security judges, our Hoglund Lawyers review and argue asthma and chronic obstructive pulmonary disease (COPD) claims for our clients in particular ways.  Here are some answers to common questions from our clients at Hoglund Law Offices who cannot work due to asthma and other kinds of breathing problems.  (You should get an attorney for advice that applies to you.)

7.  What are Social Security disability benefits?

Social Security disability benefits (and Supplemental Security Income benefits) are monthly disability benefits payable to you if you are unable to work (or are expected to be unable to work) full-time for 1 year or more for medical reasons.

6.  Can I apply if I can only work part-time?

Yes, but you cannot be going to work and regularly earning above certain monthly amounts.  For 2010, this “substantial gainful activity” amount is $1,000 gross per month.  This changes annually.

5.  What does Social Security review in asthma claims?

In asthma and/or COPD claims, Social Security generally reviews:

  • Your diagnoses;
  • Your pulmonary function test results;
  • The frequency and severity of your asthma attacks or breathing issues; and
  • The nature of your treatment (such as ER visits, nebulizer treatments, etc.)

The most important documentation of your breathing issues comes from testing of your ability to breath with and without medications.  Pulmonary function tests measure the amount and/or speed of air you can breathe in and out.  Imaging studies may also reveal other kinds of structural breathing problems.

Important notes:  Make sure to talk with your doctor about whether you should have pulmonary function tests and how often.  Also, make sure to discuss any day-to-day breathing issues you are having with your doctor – including fatigue and shortness of breath.  Logically, the more your doctor knows, the more your doctor can understand how you are doing on your current medications.  This also creates a “track record” of how you are functioning when this comes up at Social Security hearings.  Your Hoglund Law Offices attorney can explain more about this.

4.  When does Social Security find disability in asthma and/or COPD cases?

The general rule of thumb is that the more your asthma limits your ability to function, the greater chance you will be found disabled.  The Social Security Administration often looks to the frequency and severity of your asthma attacks and other breathing issues to determine whether your asthma significantly limits your ability to function.  For example, if you have been hospitalized frequently (such as once every two months) for control of your asthma, or if you require an oxygen tank, it may be easier to prove why you cannot work full-time.

3.  What factors does Social Security use in evaluating asthma/COPD cases?

Social Security focuses on objective findings that your doctors records from your medical appointments.  Social Security calls these findings “listings.”  Listings are found in Social Security’s regulations.  The primary listing for disabling asthma is respiratory system listing 3.03.  Note that it includes findings about your height because your testing results relate to your height.

Note:  “Meeting” or almost meeting (“equaling”) the listing requirements below can allow an approval, but approval is also possible by proving you cannot medically work full-time.  Listing 3.03 (set out below) gives you an idea about how Social Security evaluates asthma:

 3.03 Asthma.  With:   

1.  Chronic asthmatic bronchitis. Evaluate under the criteria for chronic obstructive pulmonary disease in 3.02A;

[3.02A states:]

                        A. Chronic obstructive pulmonary disease, due to any cause, with the FEV1equal to or less than the values specified in table I corresponding to the person’s height without shoes. (In cases of marked spinal deformity, see 3.00E.);

TABLE I

Height without shoes
(Centimeters) 		Height without shoes
(Inches) 		FEV1 equal to or less than (L, BTPS)
154 or less 60 or less 1.05
155 -160 61-63 1.15
161 – 165 64-65 1.25
166 – 170 66-67 1.35
171 – 175 68-69 1.45
176 – 180 70-71 1.55
181 or more 72 or more 1.65

OR

  1. Attacks (as defined in 3.00C), in spite of prescribed treatment and requiring physician intervention, occurring at least once every 2 months or at least six times a year. Each in-patient hospitalization for longer than 24 hours for control of asthma counts as two attacks, and an evaluation period of at least 12 consecutive months must be used to determine the frequency of attacks.

[3.00C states that the “attacks” are defined as prolonged symptomatic episodes lasting one or more days and requiring intensive treatment, such as intravenous bronchodilator or antibiotic administration or prolonged inhalational bronchodilator therapy in a hospital, emergency room or equivalent setting.  Hospital admissions are defined as inpatient hospitalizations for longer than 24 hours.  The medical evidence must also include information documenting adherence to a prescribed regimen of treatment as well as a description of physical signs.  For asthma, the medical evidence should include spirometric results obtained between attacks that document the presence of baseline airflow obstruction.]

2.  Does age matter?

Yes.  If you are 50 or older when Social Security reviews your claim, the legal standards (called “medical-vocational guidelines”) favor you over those younger than 50.

Important note:  Your claim may take 2 or more years from when you apply.  Consider that you may be 50 (and get the legal benefit of your age) at least by the time of a hearing.  Your attorney should factor this in when evaluated your claim.

1.  How can I make sure Social Security knows how bad my asthma and/or COPD is?

Social Security’s decisions are primarily driven by your medical treatment records.  You should get the appropriate treatment with doctors and associated professionals that you trust.  If you feel you are not getting relief for your breathing problems, mention your concerns to your doctor.  Also, even if you have may have no immediate options for improvement, you should maintain at least some regular visits to your doctors so they can understand (and document) the progress of your problems over time.  Your attorney can explain how this may impact the strength of your claim.

Remember, only a lawyer at a law firm can give you legal advice.  If you wish to hire us, you can reach us at Toll-Free: 1-800-850-7867.  Only a quarter of back-pay if you win!

“Trust a Hoglund Lawyer.”

Andrew W. Kinney, Esq.

Andrew Kinney, Esq., with Tracy Bishop

© 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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Top 6 Questions about Getting Social Security Benefits for Multiple Sclerosis (MS)

Hoglund Lawyer Michael Riley

As a Social Security benefits lawyer arguing claims for clients with multiple sclerosis (MS) at hearings and in federal court, I have experienced some common difficulties with medical evidence in MS cases.  Below are some answers to questions my clients have about how Social Security views MS.

Hopefully, my observations may strengthen your claim for disability benefits based on your MS symptoms.  Here are the top 6 questions my clients with MS have about Social Security:

1.  What are the requirements to be disabled under the Social Security Administration for MS? 

The Social Security Administration evaluates MS under listing 11.09. To prove and be successful under the MS Listing, you have to meet 1 of the 3 criteria of the listing.  Therefore, do not worry if you do not meet all the criteria of the listing.  You only have to meet one.  Additionally, just because you do not directly meet one of the three requirements of the MS listing, you may still “equal” one of the three criteria.  Equaling one criterion means that your MS symptoms do not meet the criteria directly, but they are close enough.

Please find the MS listing 11.09 (from federal regulations) below:

11.09 Multiple Sclerosis. With:

A. Disorganization of motor function as described in 11.04B;

Or

B. Visual or mental impairment as described under the criteria in 2.02, 2.03, 2.04, or 12.02;

Or

C. Significant, reproducible fatigue of motor function with substantial muscle weakness on repetitive activity, demonstrated on physical examination, resulting from neurological dysfunction in areas of the central nervous system known to be pathologically involved by the multiple sclerosis process.

2.  How do I prove “disorganization of motor functions” under “A” of the Multiple Sclerosis listing above?

Your Hoglund Social Security lawyer can explain how Social Security Rulings may allow you to be approved.  Your attorney can also tell you how your absenteeism may exceed the vocational expert’s threshold at your hearing.

Generally, proving disorganization of motor functions means showing the Social Security Administration that you are having trouble moving around and/or you are having trouble using your hands and arms.  The best ways to document difficulties with motor functions is, as mentioned above, to receive treatment from a neurologist.  At your appointment with your neurologist, he or she should conduct a physical exam.  This makes sure your records show objective problems (problems that are measureable).  Furthermore, you need to thoroughly explain the difficulties you are having with your motor functions with your neurologist.  Doctors take notes about what you say, and your doctor cannot document what he or she does not know.

Regardless of any condition you have, it is always important to receive regular medical treatment from your doctor.  Every doctor visit you have creates a paper trail for the Social Security Administration to determine if your condition is getting better, staying the same, or getting worse.

3.  How can you prove I have a visual or mental impairment under “B” of the MS listing?

Again, please report any complications you are having from your MS with your neurologist.  Your neurologist will likely be able to refer you to another doctor that specializes in vision (an ophthalmologist) or mental health practice areas. Your neurologist will likely be able to run tests to determine if you are having any problems with your memory and concentration.  Consider receiving treatment from a psychiatrist or psychologist if you have any ongoing concerns about your mental health.  An MS diagnosis can be difficult.  Psychiatrists and psychologists specialize in diagnosis, documenting, and treating symptoms such as depression and/or anxiety.  Proving Criteria B (and any other criteria) for MS is about finding the best available medical treatment and exhausting all your reasonable medical treatment options.

4.  How can I prove I have fatigue under “C” of the MS listing?

Fatigue is a complication associated with MS.  You may experience fatigue after a short period of exercise or after light household chores.  Report any fatigue you are having to your neurologist.  Additionally, you can ask your neurologist to conduct test to measure how easily your become fatigued.  Your neurologist may be able to conduct a stress test or other tests to document how easily you become fatigued.

Fatigue must be documented and observed by your neurologist to help prove your MS meets the C Criterion of the MS listing.  Keeping a daily journal regarding your activity and the fatigue associated with the activity could be helpful to not only lend credible to your Social Security claim, but could also help your neurologist understand and effectively treat your fatigue.

5.  What if my MS doesn’t fit the listing criteria?

You can still be approved if your MS affects your ability to keep up with the things you need to do day-to-day. Your doctor can explain how MS can play out differently in different people.  In Social Security parlance, you may have difficulties with “persistence and pace.”  For the most part, Social Security should consider your ability to function in an 8-hour per day, 5 days per week basis.  Symptomatic MS interferes with your ability to work consistently.  So, you can be approved for benefits when your lawyer sure to emphasize how unpredictable your collective symptoms are.

6.  What if I am still working limited hours with MS?

If you have MS and are still working, hopefully your symptoms allow you to work and do what you need to do day-to-day.  It is good, though, to know what to expect if you can no longer work full-time and you are considering benefits.  See our Hoglund Law Offices website about Substantial Gainful Activity to understand when your reduced monthly earnings may allow you to apply.

If you do not have a lawyer to help you with your Social Security claim, you should get legal advice about your particular situation.  If you need a team of attorneys to help you with getting Social Security benefits, you can reach our law office’s toll-free number at 1-800-850-7867.

Michael Riley, Esq., Hoglund Law Offices

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

© Hoglund, Chwialkowski & Mrozik, PLLC.  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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Getting Social Security Benefits due to Low Back Pain

The following blog was posted by Andrew Kinney, Esq., at mylowerbackpain.com:

As an attorney at Hoglund Law Offices personally handling about 500 Social Security hearings per year across the country, I can safely say that a majority of my clients with severe physical problems have some form of low back pain.  At administrative hearings with Social Security judges, there are particular ways I review and argue low back pain claims.  A few common questions from these clients may help many of you who cannot work due to low back pain.  I will handle these in turn.  Keep in mind to get an attorney for advice that applies to you.

Q.  What are Social Security disability benefits?

A. Social Security disability benefits (and Supplemental Security Income benefits) are monthly disability benefits payable to you if you are unable to work (or are expected to be unable to work) full-time for 1 year or more for medical reasons.

Q.  How do I get Social Security benefits? 

A.  You must apply for them by:  (1) calling Social Security’s toll-free number at 1-800-772-1213, (2) going to a local Social Security office, or (as of relatively recently) (3) applying on-line through the government website:  SSA.gov.

Q.  Can I apply if I can only work part-time?

A.  Yes, but you cannot be going to work and regularly earning above certain monthly amounts.  For 2010, this “substantial gainful activity” amount is $1,000 gross per month.

Q.  What does Social Security review in low back pain claims?

A.  Generally, Social Security reviews:  (1) your diagnosis, (2) your imaging studies to support the diagnosis, and (3) your examination findings.

Q.  When does Social Security find disability in low back pain cases?

A.  The general rule of thumb is that the more your low back pain limits your ability to get around and function, the greater chance you will be found disabled.  If you have trouble standing and sitting, it is usually harder for Social Security to deny you by finding full-time jobs that you can (in theory) do.

Q.  What factors does Social Security use in evaluating low back pain cases?

A.  Social Security focuses on objective neurological findings that your doctor records from your appointments.  Examples of findings that support disability are called “listings.”  These are found in Social Security’s regulations.  The primary listing for disabling low back pain is musculoskeletal listing 1.04:

1.04 Disorders of the spine (e.g., herniated nucleus pulposus, spinal arachnoiditis, spinal stenosis, osteoarthritis, degenerative disc disease, facet arthritis, vertebral fracture), resulting in compromise of a nerve root (including the cauda equina) or the spinal cord. With:

A. Evidence of nerve root compression characterized by neuro-anatomic distribution of pain, limitation of motion of the spine, motor loss (atrophy with associated muscle weakness or muscle weakness) accompanied by sensory or reflex loss and, if there is involvement of the lower back, positive straight-leg raising test (sitting and supine);

or

B. Spinal arachnoiditis, confirmed by an operative note or pathology report of tissue biopsy, or by appropriate medically acceptable imaging, manifested by severe burning or painful dysesthesia, resulting in the need for changes in position or posture more than once every 2 hours;

or

C. Lumbar spinal stenosis resulting in pseudoclaudication, established by findings on appropriate medically acceptable imaging, manifested by chronic nonradicular pain and weakness, and resulting in inability to ambulate effectively, as defined in 1.00B2b.

Q.  Do I need to have surgery to improve my chance for benefits?

A.  Being an attorney (not a doctor), I always tell my clients to make medical decisions with their physician based on what is best for them.  So, you may get a second opinion, but ultimately consider that, in my legal experience, Social Security judges generally find the need for surgery relevant.  You can also tell your attorney before your hearing that you want a chance to explain to the judge why you forewent or delayed surgery.  In short, make decisions about surgery to get better, not to get (a chance for) benefits.

Q.  Does age matter?

A.  Yes.  If you are 50 or older when Social Security reviews your claim, the legal standards (called “medical-vocational guidelines”) favor you over those younger than 50.

Q.  How can I make sure Social Security knows how bad my low back pain is?

A.  Social Security’s decisions are primarily driven by your medical treatment records.  You should get the appropriate treatment with doctors and associated professionals that you trust.  Also, do not ignore your psychological needs.  Depression, for example, is common for those with chronic pain.  If you feel you are not getting relief from your low back pain, mention your concerns to your doctor.  Also, even if you have may have no immediate options for improvement, you should maintain at least some regular visits to your doctors so they can understand (and document) the progress of your problems over time.

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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6 Ways to Hire the Right Social Security Lawyer

When you have decided to hire a lawyer — rather than a non-lawyer “representative” — to represent you in your Social Security benefits claim, you need to consider some important factors.  Often overlooked, however, is your lawyer’s style.  Style does matter.  A lot.  Why?

A Good Fit

Over my 18 years years of practice, I have known many attorneys.  I have noticed that some attorneys gravitate toward areas of law that match their personalities.  Areas of law are different.  In essence, it is a marriage.  A good fit between personality and practice area, in turn, helps the client.  For example, criminal law tends to attract attorneys who have hard-driving, suspicious of authority, and aggressive.  There are exceptions, of course, but it is good that some attorneys choose the practice areas that play to their tendencies.  Estate planning, conversely, tends to attract attorneys who are comfortable with numbers and detail and who, like accountants, size up situations and carefully weigh options before proceeding.  Different personalities, different fits.

A Bad Fit

From a client’s perspective, you should know that some attorneys do not quite fit their practice areas.  This happens for various reasons.  Some chose their practice area only for earnings potential.  The marriage is essentially arranged.  Some attorneys are idealistic, but mistaken, about what they are getting into.  Take family law.  In theory, there can be a romantic notion of working with families toward a common good.  In practice, it sometimes has little to do with “uniting” families.  Finally, some attorneys do not fit their practice areas because they just took the first legal job they got, like their first date, learning later to simply make do or plan to leave it.

From a client’s perspective, a bad fit can play out like a bad marriage.  Some are worse or better than others.  For the attorney, the question is how well can you adapt your style to foreign terrain.  Attorneys need to be different.  Different talents are needed.  An aggressive attorney can help uncover an improperly handled drunk driving charge.  But that same aggressive attorney can cause problems when an estate plan raises too many tax code questions or when the behavior sours important working relationships with judges.

 Finding a Good Fit

As a client, you want to hire the best attorney in the best firm possible.  You likely, though, have absolutely no idea what kind of people the firm has.  You are not doing personality tests.  Referrals are a good start.  But to see if your Social Security attorney is a good fit to work with the government on your behalf, you should know what an effective Social Security attorney does.  This is the key.

I practice Social Security disability law.  Since you are at our web site, you may be looking for an attorney.  What do Social Security disability attorneys do?  We gather and personally read volumes of medical records.  We analyze how medical records fit the law.  We use technology to track all procedures and the status of all claims.  We make daily legal arguments before a small group of the same federal judges.  We also cross-examine experts at federal hearings.  Most important, though, is that we continually work with a limited group of judges, Social Security staff at all levels, medical facilities, and government experts.  Effective Social Security attorneys must get things done through other people.  We need to know our limits, and appreciate how we rely on others to help our clients.  Without this, attorneys in this practice area can lose credibility.  Without credibility, attorneys can create needless goverment obstacles to getting worthy clients approved for Social Security benefits.

Questions for Social Security Attorneys

Knowing that Social Security attorneys must work effectively with many different groups of people, from judges on down, there are 6 good questions a law firm should ABSOLUTELY let you know:

  1. What style representation do you offer in Social Security clients?  Aggressive?  Passive?  Collaborative?  No idea?
  2. Have any of your attorneys ever avoided appearing before certain judges?  Why?
  3. Has a judge ever asked any of your attorneys to leave a hearing before it was done?  Why?  Don’t know?
  4. Do you regularly help clients who have “difficult cases” that might be approved but may require more effort?
  5. Does your office have a good working relationship with your local Social Security hearing office?  Can you give examples?
  6. Is your firm a law firm that only hires lawyers?  Why?

Some attorneys may be convinced that their “style” is right.  Straight answers to these questions, though, can help you know whether the cliche “aggressive” or “hard-hitting” lawyer style really fits your needs.

At Hoglund Law Offices, we have consciously hand-selected Social Security attorneys who can work collaboratively with people, even under adverse circumstances.  We think of it this way:  We believe our attorneys are at our best under pressure.  Under pressure, we try to understand what prompts the issues — such as information gaps.  Many times, problems arise because the right people do not always have the right information.  With over 30 years combined experience, we carve out solutions to help our clients with an eye to maintaining good communication with “the other side”.  Our credibility is important.

Finding an effective Social Security attorney is an important choice.  Find a collaborative attorney that can confirm examples of this for you, and you should have a good idea whether you have the right attorney for the job.

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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What Are Listings?

The Social Security Administration follows federal regulations when deciding your disability benefits claim.  If your medical problem meets certain criteria, you may be approved under what the regulations call Listings.  Listings are medical conditions that are severe enough to warrant an approval.  For example, many people with lower back problems have nerve root impingement and pain that radiates down one or both legs (radiculopathy).  If supportive imaging studies and examination findings are also present, they may meet musculoskeletal Listing 1.04A.  Meeting a Listing means that you match the criteria. Listing 1.04A reads as follows:

1.04 Disorders of the spine (e.g., herniated nucleus pulposus, spinal arachnoiditis, spinal stenosis, osteoarthritis, degenerative disc disease, facet arthritis, vertebral fracture), resulting in compromise of a nerve root (including the cauda equina) or the spinal cord. With: A. Evidence of nerve root compression characterized by neuro-anatomic distribution of pain, limitation of motion of the spine, motor loss (atrophy with associated muscle weakness or muscle weakness) accompanied by sensory or reflex loss and, if there is involvement of the lower back, positive straight-leg raising test (sitting and supine)…

You do not need to meet a Listing to be approved for Social Security benefits, but approvals are easier when you do.  At Hoglund Law Offices, we review all potential clients to determine if a Listing may apply.  We argue many different Listings for our clients.    The best way to understand these Listings is to browse through them.  Listings for adults and children are divided into different classifications.  A very useful link to review these listings is:  https://www.severe.net/listings.html If you choose our law firm to help you with your Social Security claim, you may wish to ask one of our attorneys if a certain Listing applies to you.  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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