Worcester and Boston Social Security disability lawyer

What happens at a Social Security disability hearing — An Overview

admin — Mon, 16 Apr 2012 22:51:17 +0000

If you know what to expect at your Social Security disability hearing, you may feel more comfortable and worry less about the process. If you’ve hired a Boston disability attorney to represent you, your lawyer should be able to answer any questions you may have about your upcoming hearing.

On the day of the hearing, you and your lawyer will sit together at the conference table. The judge reviewing your case will also be at the table. The judge might have an assistant or another staff member who will operate a computer, handle other technical tasks during the hearing, and help the judge as needed.

Any witnesses and observers invited by you to attend may be present in the room; hearings are closed to the public, so strangers, who have no connection to your claim, will not be allowed in the hearing room. However, witnesses may be called by the judge, and these individuals will be present in the room. For example, a doctor or vocational expert may be required to attend.

Although more informal than a traditional courtroom proceeding, the hearing is governed by certain rules of procedure. Witnesses take turns to testify one at a time. If you testify, you will be required to testify under oath. Any other witnesses will also testify under oath. Each witness must testify independently and cannot request help from other people in the room. However, you will be able to ask your Boston disability attorney for clarification if you need more information at any point during the hearing.

The Social Security Administration understands that you may feel stressed or worried and, accordingly, has designed the hearing to be a non-threatening, informal experience. Try to stay calm during the hearing, relax, and give your best testimony.

Good preparation will go a long way toward easing your anxiety before your hearing. If you would like to discuss the hearing process with an experienced Boston disability attorney, please contact me.

Some Considerations When Establishing a Disability

admin — Mon, 02 Apr 2012 22:51:15 +0000

The first hurdle to obtaining Social Security disability benefits is establishing that you have a medically determinable impairment. Next, the Social Security decision-maker must decide whether you can still perform work-related activities, despite any limitations caused by your impairment. This is called your “residual functional capacity” or “RFC.” A Boston disability attorney can help you understand how your RFC will affect your claim for disability benefits.

The Social Security Administration first uses your RFC assessment to decide whether you can do any of the significant jobs that you have done during the past fifteen years. If Social Security agrees that you can no longer perform your past jobs, then it will use your RFC to assign you a “work level” — sedentary, light, or medium work. After establishing a work level, Social Security will compare your age, education, work experience, and RFC to the criteria for your work level. Social Security will make a disability determination based on these factors and your RFC.

If you have concerns or questions about the disability determination in your case, an experienced Boston disability lawyer may be able to help. Please contact me by phone or email, or by submitting the Free Claim Evaluation form on this page, if you would like to talk about your claim.

How does your doctor’s opinion help to prove you have a medically determinable impairment?

admin — Thu, 15 Mar 2012 19:24:39 +0000

A basic prerequisite to receiving Social Security disability benefits is establishing that you are “disabled,” as that term is defined by the Social Security Administration. Essentially, you must establish that you have a severe, “medically determinable impairment” that prevents you from working. This is even more complicated than it sounds. Having an experienced Boston disability lawyer on your side will help.

The Social Security Administration relies heavily on doctors for information when evaluating disability claims. In determining whether you have a medically determinable impairment, the Social Security Administration will review your doctor’s opinion and/or medical reports, and will consider the basis for the doctor’s diagnosis. The doctor must make the diagnosis based on medical information beyond just the symptoms you described. For example, the Social Security Administration might accept a diagnosis of fibromyalgia based on a doctor’s count of tender points on the patient. However, if your doctor made a diagnosis based only on your self-described symptoms, the Social Security Administration likely will require additional information before deciding whether you qualify as disabled.

For some claims, the Social Security Administration may rely primarily on symptoms explained by the doctor. For example, migraine headaches described by a doctor might qualify as a disability if the doctor clearly rules out other causes for the patient’s symptoms, even if the doctor cannot make a definite diagnosis.

Although the Social Security Administration will consider your doctor’s opinion when deciding your claim, the decision as to whether you have a medically determinable impairment must be an independent one. Whether you qualify as “disabled” is a legal determination that only the Social Security Administration can make. Even if your doctor writes or testifies that you are disabled, the Social Security Administration does not expect the doctor to know the precise legal definition of “disability” for the purpose of Social Security disability benefits.

If your doctor has not made a definite diagnosis regarding your disability, you might benefit from a consultation with a Boston disability lawyer. If you have questions about this aspect of your case, or other questions about proving your impairment, please contact me.

How important are objective medical findings?

admin — Thu, 01 Mar 2012 19:24:39 +0000

In my work as a Boston disability lawyer, I regularly consult with my clients’ doctors about the importance of medical opinion evidence to a successful claim for Social Security disability benefits. I suggest that doctors follow these general rules in preparing a medical opinion about a claimant’s ability to work:

Review the objective medical evidence and make a reasoned assessment as to whether there is a correlation between the objective evidence and the patient’s claim of disability. For example, x-ray findings do not necessarily correlate with an impaired ability to function. What does the objective medical evidence suggest?
Talk with the patient. What is the patient’s opinion about his or her ability to do work-related activities? Does the patient appear to be credible?
Exercise professional judgment. In no case should you simply rubber-stamp the patient’s assessment of his or her limitations. Rather, having reviewed the objective evidence and spoken with the patient, consider whether the patient’s stated limitations are reasonably consistent with the objective evidence. In your professional judgment, can the patient’s stated symptoms be attributed to a medical condition or to side-effects from his or her medications? Do the patient’s limitations correlate with the medical findings and his or her medical history?

What is the third step in the sequential evaluation process?

admin — Sun, 19 Feb 2012 22:58:18 +0000

The Social Security Administration follows a five-step sequential evaluation process to decide whether an applicant qualifies as disabled. The third step of this process involves an analysis of the “Listing of Impairments” established by the Social Security regulations. An experienced Boston Social Security disability lawyer can explain the Listings in detail; here, I will provide a short summary.
Step 3 of the sequential evaluation process requires the Social Security decision-maker to consider whether your disability fits one of the medical conditions in the Listing of Impairments (the”Listings”). The Listings cover many types of physical and mental conditions and their related symptoms, signs, and medical findings; each condition listed has a separate set of criteria. If your condition clearly meets the medical findings, symptoms, and signs for a condition in the Listings, then Social Security will take a straightforward approach to your claim and find you to be disabled on the basis of the Listings alone. Even if your condition does not precisely meet a set of criteria in the Listing of Impairments, you may still qualify for benefits at Step 3 of the evaluation process if your condition “medically equals” a Listings impairment. Applicants often present several symptoms and medical findings. Some findings may not be identical to the Listings criteria, but may be equally severe to make the applicant eligible for benefits.
The Social Security Administration reviews medical records, documents, and other evidence during Step 3 of the sequential evaluation process. If your claim depends heavily on medical evidence to prove your disability, or if you need to show a medically-equivalent condition, an experienced Boston Social Security disability lawyer can help you gather the evidence you need to present a compelling case for benefits.
If you would like more information than I have provided here in this brief overview, please contact me. I would be happy to meet with you to review your claim.

What is the duration requirement for Social Security disability benefits?

admin — Sun, 05 Feb 2012 22:58:17 +0000

If you’ve applied for Social Security disability benefits, the Social Security Administration must decide whether you qualify as “disabled,” as that term is defined by the Social Security regulations. Simply put, in order to qualify for benefits, you must have a physical or mental condition that prevents you from working; plus, your condition must meet the duration requirement. That is, your physical or mental condition must span a continuous period of 12 months, or be expected to last that long or to result in death. Your condition may go through short periods of remission and still meet the duration requirement. In general, health conditions that alternate between active and less active periods still qualify, according to Social Security laws. You might have more difficulty meeting the duration requirement, however, if you have several short, unrelated impairments over a continuous 12-month period. Social Security will deny some claims because of the duration requirement, usually based on an assumption that the impairment likely will improve before 12 months have passed.

If your claim for Social Security disability benefits was denied on the ground that you do not have a severe impairment, it may be that the decision-maker determined you failed to meet the duration requirement. An experienced Boston Social Security disability attorney can help with your appeal. Don’t give up too soon. If your claim goes to a hearing, enough time may pass, because of the slow nature of the administrative process, that you will be able to prove 12 months of disability.

Setting for a Social Security Disability Hearing

admin — Wed, 25 Jan 2012 03:23:54 +0000

In my work as a Boston disability lawyer, I have found that when my clients know what to expect at the administrative hearing, the process becomes less intimidating.

You might expect a Social Security hearing room to look like a traditional courtroom; however, the hearing room is just small conference room, equipped with a table and seating for the judge, the judge’s assistant, you, your lawyer, and any other witnesses. The judge’s seat may be slightly elevated in relation to the others in the room. The room may be adorned with an American flag and the seal of the Social Security Administration.

Every hearing room contains its own recording equipment. The hearing will be recorded in its entirety. You do not have to shout or speak in a raised voice. Just speak loudly enough for the judge to hear you. Because your testimony is being recorded, you should take care to speak clearly and audibly. Say “yes” or “no,” not “uh huh” or “huh uh.” Remember that the microphones are unable to record non-verbal answers such as nodding, head-shaking, or pointing.

If you would like to speak with me about your upcoming Social Security disability hearing, please tell me about your situation using the Free Claim Evaluation form on this page, or call or email me directly.

Tips for Your Social Security Disability Hearing

admin — Thu, 19 Jan 2012 03:23:15 +0000

First impressions matter. When preparing for a Social Security disability hearing, it’s important to understand that personal appearance, timeliness, and respect for the court can all affect the administrative law judge’s impression of you.
Your hearing is a serious event, and you should dress accordingly. While it is unnecessary to dress up in formal attire or clothes fit for a wedding, it is important to convey a neat, clean appearance, in clothing that makes you comfortable.
It is essential to arrive on time for a Social Security disability hearing. Unless your Boston disability lawyer tells you otherwise, you should plan to arrive at least 30 minutes early. You can use this time to review your file, if you like, or to consult with your lawyer. Be sure to turn off your cell phone before you enter the hearing room.
It is important to maintain the privacy of your claim. Do not discuss your appeal or other related information with Social Security employees or other people at the hearing location. You and your attorney should take care to speak privately, so that strangers in the building do not overhear your discussions.
Following these simple tips will get your hearing off to a good start. If you would like additional advice from an experienced Boston disability lawyer, please contact me.

What happens at a Social Security disability hearing – overview

admin — Tue, 13 Dec 2011 21:26:42 +0000

If your request for reconsideration is denied, the next step in the appeals process is a hearing before an administrative law judge (ALJ). An experienced Boston disability attorney can help you prepare for the hearing and develop a persuasive legal strategy.

Let’s review how the hearing process works:

The ALJ assigned to hear your claim will have an attorney advisor review your appeal. The attorney advisor may request additional evidence or information regarding your claim, and may contact your disability lawyer for an informal, pre-hearing conference. The attorney advisor then may issue a full decision in your favor; if so, the hearing will be dismissed, unless you or your disability attorney requests a hearing within 30 days.

If the administrative hearing does take place, then you will need to be present at the hearing, either in person or via video teleconferencing. In addition to your testimony, the ALJ may hear testimony provided by vocational or medical experts, who may appear in person or via video teleconferencing. All testimony will be given under oath, and the entire hearing will be recorded.

Upon completion of the hearing, the ALJ will issue a written decision. If your claim is denied, an experienced Boston disability attorney can help you decide whether to pursue the next level of the appeals process.

If you are not currently represented by a Boston disability attorney, I would be happy to meet with you for a free, no obligation consultation. Please use the form on this page to tell me about your situation, or contact me directly by phone or email.

Steps in the appeal process for Social Security disability benefits

admin — Thu, 08 Dec 2011 20:57:37 +0000

The appeal process for Social Security disability benefits involves strict deadlines and procedures. If you have received a denial from the Social Security Administration (SSA), you may find it helpful to discuss the appeals process with an experienced Boston disability attorney. Below, I’ve provided an overview, for your general information.

Administrative review of a Social Security claim goes through four levels: the initial determination; the reconsideration determination; a hearing in front of an administrative law judge; and a review completed by the Appeals Council. After you have exhausted these administrative reviews, you may file a case for further review of your clam in federal court.

The deadline to start each step of the appeal process is 60 days from the date you receive a decision letter. The SSA presumes that an applicant receives a decision letter five days after the date on the face of the decision. Therefore, practically speaking, you have 65 days after the date of the previous decision to start the appeals process. If the last day for you to file your appeal falls on a weekend, a legal holiday or non-workday for federal employees, then the appeal deadline is extended to the next full workday.

In general, an appeal is considered “filed” on the day it is received by the SSA. However, federal law permits use of the U.S. mail date to prevent a loss or lessening of the claimant’s rights. Thus, the SSA might look at the postmark date as proof of the mailing date. If the postmark isn’t clear, the SSA may consider other evidence to determine whether you submitted a timely appeal.

If you have questions about the appeals process, and you would like to speak with a knowledgeable Boston disability attorney, please contact me by phone or email. You may also use the Free Claim Evaluation form on this page to tell me about your situation.