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What Happens at a Social Security Hearing? Chapter 5

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

Chapter 5

Bad News.

Friday, December 28, 2012.  9:30 a.m.

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

The phone rang.  It startled her.

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

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

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

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

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

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

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

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

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

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

Written by Hoglund Law

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

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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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How the Social Security Disability Process Ignores the Real Job World

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

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

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

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

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

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

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

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

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

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

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

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

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

Andrew Kinney, Esq.

AMDG

 5 Secrets to Getting Social Security Benefits

Hoglund Lawyer Andrew Kinney

Written by Hoglund Law

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

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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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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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Social Security Lawyer Explains 10 Things that Happen at Hearings

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

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

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

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

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

Andrew W. Kinney, Esq.

Written by Hoglund Law

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

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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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