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Past Relevant Work


Video Transcription:

Hi, my name is Andrew Kinney.  I’m an attorney at Hoglund Law offices.  I practice Social Security Disability Law.  Today I wanted to talk about past relevant work.

It’s a phrase that Social Security uses a lot. It means the work you used to do within the last 15 years.  Why is past relevant work important to your case?  Well, when social security makes decisions about disability insurance and supplemental security income they go through a process.  They decide first if someone is currently working, it’s called SJ issues.  Then they look to what medical problems affect work in a basic way.  It’s called a severities step. The third step is deciding if the individual meets or equals any sort of definition or listing of disability.  The fourth step finally is can you return to you past relevant work; what you used to do?  And they have definitions of what you used to do exactly as opposed to what you used to do in the general category.  There is another step after that as to your ability to perform other work.  But in terms of performing past relevant work social security evaluates your past relevant work in every single case.

Now the essence of past relevant work is you probably know you can’t return to your past work if you’re applying for benefits, the medical standard is can you work full time at either your past work or other work.  That generally applies to most people depending on age.  So practically speaking, most people who are considering disability or have applied for social security disability benefits don’t think they can return to their past relevant work.

Now here’s the crux of the problem. Social Security, at least when you’re under 50, now will consider if you can return to not just what you used to do perhaps a specialist in something, skilled craftsman, maybe a lawyer. Social security will look not to whether you can return to that job let’s say you had a stroke and can’t concentrate too well they’ll consider that people under 50 whether they can return to other work as well.  So you can benefit greatly from having some legal advice as to whether you should apply or if you have applied how do I meet my definition of disability because if the only thing you can’t do is your past work you can probably perform some other part time work in some other capacity.   Your attorney is going to need to make arguments that you are by definition disabled.  You are by definition disabled if you meet certain criteria.  And again I’ll mention stroke but it can be any matter of health problems.  A lot of the health problems are listed under our disability library at www.HoglundLaw.com

The other instance where past relevant work actually is very important though is if you are over 50 or within 6 months of age 50.  And this can happen after you apply or can happen after you have your pending appeal.  In that case social security looks to see if you have physical restrictions first.  If physically you’re limited to sit down work or sedentary work.  And the definition of sedentary is within social security’s regulations.  As absorbed to the dictionary of occupational title.  Social Security looks to see if you can’t return to your past work and you’re limited to sit down work, if you’re over 50, and you don’t have skills that could shift into other sort of sedentary work you can be what’s called gridded out.  There are some guidelines that social security uses for people over 50 and that’s again an instance where past relevant work is crucial.

If you have questions about past relevant work please feel free, if you don’t already have an attorney call our office at 1-800-850-7867 you can also go on our website at www.HoglundLaw.com.  Hopefully this information can help you.  If we can actually represent you that’s wonderful.  But keep in mind that these concepts are specific to Social Security so getting to know them is very important.  Thank you.

Written by Hoglund Law

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

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Submitting Evidence After Social Security Hearing


Video Transcription:

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

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

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

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

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

 

Written by Hoglund Law

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

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


Video Transcription:

Hi, my name is Andrew Kinney.  I’m an attorney at Hoglund Law offices.  I practice Social Security Disability Law.  Today I wanted to talk about why age matters in social security claims.

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

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

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

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

 

Written by Hoglund Law

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

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Top 5 Things To Know About Your SS Hearing


Video Transcription:

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

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

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

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

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

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

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

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

 

Written by Hoglund Law

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

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Adaptative Functioning


Video Transcription:

Hi, my name is Andrew Kinney.  I’m an attorney at Hoglund Law offices.  I practice Social Security Disability.  Today I’m going to talk a little more about cases involving borderline intellectual functioning.

I have a previous video that discusses the basics of how social security uses definitions of disability to defining impairments with IQ scores.  What I’m going to talk about now is more specific, adaptive functioning.  Adaptive functioning is claimants have been able to survive and actually thrive in a work environment.  That’s a good thing, but that doesn’t always happen.  So if you are pursuing social security benefits on borderline intellectual functioning, or social security calls it mental retardation under listing 1205 C, It is very important for your attorney to know that we have evidence of adaptive functioning.

functioning, because if an individual has shown, despite the work history, they only worked alongside family members or close friends with understanding bosses, they may not have adapted properly. So in those situations, if someone has not adapted then that would be evidence of it, and so I would perhaps have a family member testify at the hearing, that they helped them get the job, they showed up at the job during lunch, they had interactions with the boss.

It comes down to this:  Sometimes jobs that people do look like they’ve adapted and can function well, and that’s a good thing, but sometimes the actual job the way its performed is more toward sheltered workshops or sheltered work.  That sort of work is done with direct supervision and its different than competitive work.

There are other examples of where adaptive functioning comes into play.  For instance, if they went back to school and learned a specific skill or not.  There are also questions about day-to-day activities.  Reading the paper, basic functions, taking the bus.  There are a lot of other examples about what adaptive functioning actually is and it’s important at hearings to get evidence of it.  If you have further questions about adaptive functioning, borderline intellectual functioning in general, or just about getting benefits for social security disability please feel free to call our offices at 1-800-850-7867.  You can also go to www.HoglundLaw.com.  Thank you.

 

Written by Hoglund Law

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

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Social Security Disabiltity Listed Impairments Information


Video Transcription:

“Hi, my name is Andrew Kinney.  I’m an attorney at Hoglund Law offices.  I practice Social Security Disability law.  Today I wanted to talk about listed impairments.

What does that mean?  Well in the world of social security law, social security takes any medical reason that you might be unable to work full-time and they define it.  There are certain levels of problems you can have either physically or emotionally that if they’re bad enough with enough measured criteria, you could be by definition disabled, so listings are essentially definitions of disability.  On our website at www.HoglundLaw.com we go through some of those definitions of disability and you can also find those on the ssa.gov website as well.

What does it matter that you have a listed impairment?  If you may have a listed impairment then you want to make sure that your doctor has perhaps documented this well or even written a letter laying out why it meets the definition of disability.  That could really make or break a case.  Otherwise if someone is not by definition disabled under the listings, you have to prove you are unable to perform past relevant work. We have a video on past relevant work.  So if you understand what a listed impairment is or a listing you can understand that its social security’s way of saying that you get a pass, you’re approved.

There are two ways you can meet the definition or at least be approved under a listing.  One is called meeting a listing.  All the elements of a listing laid out by the law are all in your medical record.  An alternative way that you can do that is what’s called equaling a listing.  If you’re at a hearing and there’s a medical expert testifying whether you meet or equal a listing that’s what that means, and ive even recently done this, you can argue why doesn’t my client equal a listing?  Equaling means that you don’t meet all the criteria but you meet most of it.  That’s very important, and allows a little fudge room.  If you have more questions about listings or more questions about help an attorney help you with ym case, feel free to go to our website at www.HoglundLaw.com.  You can also call us a 1-800-850-7867.  Thank you.”

Written by Hoglund Law

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

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Will Social Security Checks Be Paid If Debt Ceiling Is Not Raised

Will Social Security Checks Be Paid If Debt Ceiling Is Not Raised

Around 28 million Americans are expecting to receive their Social Security checks on August 3, and 27 million are expecting their checks later in August. However, if Congress does not reach a deal to raise the national debt ceiling by the deadline of August 2, it is unknown if Social Security checks will be sent out. President Obama has warned Americans that the federal government may not be able to pay Social Security beneficiaries if a deal is not reached.

This is one of the few times Congress has failed to raise the debt ceiling when it has become necessary. Therefore, it is unclear what will happen if the debt limit is not raised by August 2. It is clear that the government will not be able to pay its bills in August. Estimates claim the government will be $134 billion short by the end of August.

Some have suggested that Social Security should use money from its trust fund to pay beneficiaries in August. However, Treasury Department officials do not support drawing from the trust fund. The trust fund holds IOUs, not actual money, that would have to be redeemed by the Treasury Department. Many Americans disagree and believe that President Obama can use the trust fund to make Social Security payments if necessary.

Source:

Tami Luhby, Debt Ceiling: Will I Get My Social Security Check?, https://money.cnn.com/2011/07/28/news/economy/debt_ceiling_social_security/index.htm?iid=HP_River (accessed July 29, 2011).

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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Amount Of Social Security Disability Benefits May Vary By Judge

Americans pursuing Social Security disability claims in court have experienced varying results. The Social Security Administration employs 1,400 administrative law judges (ALJs) to rule on appeals from people whose disability applications were denied. ALJs preside over cases that were previously denied twice. The Social Security Administration recently began releasing monthly data about how ALJs are deciding their cases. The data indicates that some ALJs grant benefits in most of their cases, while other judges rarely grant benefits. Congress and the Commissioner of Social Security are investigating the data. However, Social Security representatives are hesitant to disturb the independence of the ALJs. The Social Security Administration believes that “only a handful” of ALJs have abnormal approval ratings.

In 2010, over 2.9 million Americans applied for Social Security disability benefits, a 38% increase over five years. To deal with the increased number of applications, Social Security has employed 200 new ALJs and made the process for reviewing claims more efficient. The national average for wait times has dropped from 532 days in 2008 to 354 days in June.

 

Source:

 

Mike Chalmers, Data Show Disability Benefits Can Depend On Judge,

https://www.usatoday.com/money/workplace/2011-07-01-disability-denials_n.htm (accessed July 3, 2011).

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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NY Lawsuit Alleges Judicial Bias Against Disabled

A class action lawsuit was filed on April 12, 2011 alleging bias against disability applicants. The Complaint was filed against the Office of Disability Adjudication and Review (ODAR) in Queens, New York. The plaintiffs’ claims are based on infringement of their right to a complete and fair hearing in front of an unbiased judge, violating the Social Security Act, the Administrative Procedure Act, and the Due Process Clause of the Fifth Amendment to the Constitution.

The complaint identifies the Chief administrative law judge (ALJ) for the Queens office along with four other ALJs. The class of plaintiffs includes Social Security Income (SSI) and Social Security Disability (SSD) claimants who received unfavorable decisions from the identified ALJs and claimants that will be assigned to the ALJs. The claims are based on reviews of opinions issued by the five judges. The Complaint alleges that the judges have a high rate of denial, fail to comply with the law and develop the record, and made incorrect determinations of  credibility. The Complaint describes the lawsuit as a final resort after the Commissioner of Social Security failed to take action.

Additionally, the Complaint notes the fact that ALJs have insufficient accountability to the public. Each Office’s Chief ALJ, along with the Regional Chief ALJ, takes part in investigations of claims of misconduct. In the present case, the Queens Office’s Chief ALJ is one of the accused ALJs, meaning he would take part in an investigation of his own misconduct. The plaintiffs claim that Court intervention is necessary to prevent this conflict of interest and provide a remedy for plaintiffs harmed by biased ALJs.

Source:

Class Action Alleges Bias of Five ALJs, 33 NOSSCR Social Security Forum 3 (April 2011).

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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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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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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Social Security Online Seminar

ANNOUNCEMENT

On Monday, May 3, 2010, Andrew Kinney, Esq., from Hoglund Law Offices, is presenting an online legal seminar on the essentials of Social Security Disability practice through the Minnesota CLE.  The focus of this seminar is to guide attorneys about how to prepare and represent clients at their first Social Security hearings.  This 2-hour web broadcast will also be available on demand.  Mr. Kinney has practiced Social Security benefits law since 1992.

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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You Have a Right to an Attorney at your Social Security Hearing

We occasionally have new clients at Hoglund Law Offices who have already appeared at their Social Security benefits hearings unrepresented.  They fall into 2 categories.  Some of these clients already completed their hearings with their judges.  At this point, we generally cannot get another hearing.  We are left making sure the medical records were properly submitted and, at times, we submit written legal arguments to the judges post-hearing.  Frankly, in these cases, we also plan for appeals of hearing denials and for the possibility of refiling new claims.

Other new clients, however, who have already appeared at their hearings did a wise thing.  They requested their judges to postpone their hearings until they could find an attorney.  In these cases, we usually have time to order the full medical record.  We can arrange our schedule to appear for the new hearings, which are usually a few months later.  We also have adequate time to give legal advice about the likely alternatives for approval.

At Social Security benefits hearings, judges are required to let all unrepresented claimants understand “on the record” (while audio recording is on) that they can postpone their first hearing to get representation.  This may not always communicated positively or clearly.

So, if you (or someone you know) cannot find an attorney before their Social Security benefits hearing, make sure they exercise their right to postpone their first hearings.  Judges will not indefintely postpone hearings — so expect one chance to postpone and look for an experienced attorney immediately.

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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