Remote DLI – Seek Social Security Before It’s Too Late.

From:  Joshua Tripp

 

In some cases, where a claimant has not worked recently and there is too many household assets or too much income to be eligible for SSI, the claimants are left struggling to prove disability for many years prior to the current date. This can be very difficult to do and there must be more than just the claimant’s testimony to win the case.

For an example, I recently had a social security claimant who had to go back about ten years to prove disability.  For approval here, it must be shown that the claimant had a disability prior to their date last insured and that their disability has continued.  This requires consistent medical evidence of severe impairment.  Additionally, to bolster the claimant’s medical record of ten years ago, I had the claimant’s current doctor, who was currently supportive of disability, write a narrative of the claimant’s impairments based on the current time frame, along with a review of the prior medical records.  This was helpful to assess that the conditions were as severe ten years as they are today.  He opined that the claimant was unable to work ten years ago and the condition has not improved.  Although this is important, his opinion needs to be supported by the medical record as a whole.  The medical evidence is particularly important for a case with a remote date last insured because it is hard to say the claimant can testify about conditions as accurately ten years ago as they could today.

It is always best to not wait to apply for social security disability.  Waiting can put you in the predicament of having to prove disability many years prior to the application, which is not an easy task.  Contact a social security attorney before it is too late.

Written by Hoglund Law

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

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Why is a Medical Expert at my Hearing?

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

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

Written by Hoglund Law

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

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Preparing for a Social Security Disability Hearing – Medical Expert Testimony

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

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

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

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

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

Written by Hoglund Law

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

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What Does a Vocational Expert Do?

When you are filing a claim for Social Security Disability, you are alleging that you cannot work because of your health impairments. Not only do you have to prove that you have impairments that limit your functioning, but you also have to prove that you are so limited by those impairments that you cannot work any job in the national economy.

When you actually get in front of an Administrative Law Judge, part of your hearing will include testimony from a Vocational Expert. This is someone hired by Social Security as an independent contractor, and they will provide testimony only relating to your ability to work, and whether or not there are jobs in the economy that hypothetically you could do. Some claimants feel the Vocational Expert is on the side of the Law Judge, but they are a neutral party. In close cases, the Vocational Expert’s testimony can weigh heavily in favor of approval.

The Vocational Expert classifies your prior work to help the Law Judge understand how physically or mentally demanding your previous jobs were. They may also take into consideration any accommodations you received, or if your job varied from the typical description. For example, typically a job of a cashier may require sitting for most of the day, and lifting from 10-20 pounds, but they will adjust their information to the Law Judge if at the cashier job you performed, you were on your feet all day, it required walking for more than half the day, and you would regularly lift 50-100 pounds. This information, coupled with your testimony on your functional limitations, can help the Law Judge decide whether you are physically able to return to your prior work.

Sometimes the expert will present certain jobs that fit in with the criteria the Law Judge gives. These are usually examples of jobs, with estimates of how many of those jobs are available in the city, state, region, or nationally. They are not telling you to go out and get these jobs – they are used as an example. So it’s not necessarily harming your case if the expert presents different occupations available.

Your disability attorney can help you prepare for your hearing with a vocational expert by reviewing your past work with you, and how specifically you cannot do the jobs you used to hold. This will help the attorney pose specific questions to the expert to make your case stronger, and help convince the Law Judge that you are unable to work, and thus finding you disabled under Social Security’s rules.

Written by Hoglund Law

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

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