My case was moved to another Social Security hearing office! What’s going on?
When you are waiting for your Social Security hearing, it can come as a shock to receive a letter telling you that your case has been transferred to a different hearing office in another state.
Attorney Donald Chewning writes about this on the Wisconsin Disability Blog.
If you are awaiting a hearing before an Administrative Law Judge in Wisconsin you may have noticed that the hearing has been scheduled before a judge in California. In my practice in northeastern Wisconsin, most of my cases would ordinarily be heard by judges from the Milwaukee Office of Disability Adjudication and Review (ODAR). However, since March 2008 the Social Security Administration has shifted responsibility for cases normally heard by Milwaukee judges at the Green Bay and Oskhosh hearing offices to other ODAR branches. For instance, cases heard at the Green Bay hearing office are being sent to the Oakland, CA ODAR.
For many people, having their case moved to another state causes a lot of stress and worry.
Why was my case moved?
What does it mean for my case?
How much of a delay is THIS going to cause?
Does Social Security think I can travel out of state for my hearing?
Often, there is a good reason for moving the case and it can actually help you!
If I have a lawyer, why am I doing all the talking?
The one thing people are most surprised about when they go to a hearing is that the lawyer does not do all of the talking. In fact, it is the claimant (aka “you”) who has to answer the Judge’s questions. I hear a lot of questions and comments about this.
I went to my hearing and my lawyer sat there like a bump on a log.
Why am I paying a lawyer, if I have to answer all of the questions?
What do you mean, I have to talk at the hearing; isn’t that what the lawyer is there for?
Why doesn’t a lawyer speak for you at the hearing?
What you should know before you apply for children’s SSI disability benefits
Social Security has a fact sheet answering common questions about Supplemental Security Income (SSI) benefits for disabled children:
How does Social Security decide if a child is disabled?
How can I get ready for the disability interview?
How does Social Security decide if a child can get SSI?
How will I know what Social Security has decided?
Will my personal information be kept safe?
What if I am more comfortable speaking in a language other than English?
The fact sheet also has information about:
Medicaid.
State Children’s Health Insurance Program (SCHIP).
Other Health Care Services.
Work Opportunities for Young People Who Are Getting SSI.
You can get the factsheet as a pdf here.
How to apply for Social Security disability benefits
There are several ways to start an application for Social Security benefits:
At your local Social Security office
While this make take the longest amount of time (depending on the wait times at your local office), applying in person has the advantage of having a live person to ask to if you have a question. The downside of applying in person is that if you are missing a critical piece of information, you may not be able to complete the application.
If you need help finding your local Social Security office, click here.
Online
If you prefer …
What documents do you need to apply for Social Security?
Do you know what to bring to your interview when applying for Social Security?
Here is the list of information Social Security will need:
Social Security hearings in jail or prison
The second part of Gordon Gates’ article on whether you can receive Social Security disability benefits while incarcerated, talks about hearings in prison.
The problem – incarcerated claimants often do not get treatment from physicians who are very interested in filling out forms or helping the prisonor/claimant. Further, judges tend to be somewhat skeptical about the credibility of an imprisoned claimant.
I have done hearings in prisons and I agree with his concerns.
It is much harder to prove a case for someone who is incarcerated.
Where do Social Security vocational experts get their information?
I was recently asked where Vocational Experts get their information from?
There a number of sources Vocational Experts use:
The Dictionary of Occupational Titles
Selected Characteristics of Occupations
Job surveys performed by the Vocational Expert
Services Vocational Experts sign up for which provide job titles, requirements and national and regional job numbers.
If you are working with a lawyer, he or she probably has at least some of these and can verify the skill level, exertional and non-exertional requirements of a jobs the Vocational Expert testified about.
Social Security vocational expert voodoo
I was recently asked the following:
I had my hearing today. The judge had a vocational rep come in to testify. He said I had two job options.
… I live in a small town that probably does not offer the two jobs the vocational expert said I could do.
Can the judge deny me for being able to do jobs that don’t exist in my town?
First, keep in mind that the Vocational Expert testifies about two things:
Job Titles. These are the kinds of jobs you can still perform despite your limitations. Examples of jobs the vocational expert may cite are: call out operator, surveillance systems monitor, information clerk, cashier, stocker, etc.
Incidence of jobs. This is the number of jobs for each job title.
Second, Social Security considers jobs on a national and regional level. The region is the state a person lives in.
If there are a significant number of jobs which you can still do at a substantial gainful activity level in the regional economy, then you can be denied.
Denied at your Social Security hearing? What you can do now
If your Social Security case is denied after a hearing with an Administrative Law Judge (ALJ), you have a couple of options:
Appeal the ALJ’s decision to the Social Security Appeals Council
To do this, you need to file form HA-520-U5 “Request for Review of Hearing Decision/Order.”
One benefit of appealing is that it preserves your entitlement to past benefits. Whereas, if you start a new claim, you normally lose your entitlement to the back benefits from the just-denied claim.
So, generally, if you can continue to appeal the current claim, you may get more back benefits that on a new claim.
There are exceptions to this, including the possibility of reopening a prior claim during a new claim. If the Judge decides to reopen the prior claim, you might not lose any back benefit.
However, there is no guarantee that you will be able to reopen a prior case. You have to meet additional requirements to request a reopening, and, more importantly, the choice of whether to reopen a prior claim is discretionary. If the Judge decides not to reopen the prior claim – that’s it! In my experience in Colorado, judges generally do not like to disturb a prior judge’s decision.
So, you do not want to count too much on reopening a prior claim. I warn my clients not to expect that a prior claim will be reopened if they have to start a new application.
Podcast: Part 2 of Social Security Tips With Jonathan Ginsberg
Here is part 2 of my discussion with attorney Jonathan Ginsberg as part of his SSDRadio podcast.
In case you missed it, here is part 1.
What does the “vocational expert” do at a Social Security hearing?
Under Social Security regulations, it is not enough to have a disability (a diagnosed medical condition). Your condition has to be severe enough to be prevent you from being able to engage in a “substantial gainful activity;” typically full time, competitive, employment. If you cannot show that your condition keeps you from being able to work, you will probably lose your case.
At the hearing, the Administrative Law Judge (ALJ) has a Vocational Expert testify about the the kinds of jobs are available, and how work-place limitations affect your ability to perform those jobs.
Basically, the Vocational Expert answers two questions for the judge (phrased as hypotheticals):
Can you still perform any of the jobs you have done over the last 15 years?
Can you still perform any other jobs which exist in substantial numbers in the national economy?
The judge uses the vocational expert’s answers to decide if you can still work (and therefore, whether you are disabled). This makes the vocational expert’s role extremely important!
Social Security hearing tip: be specific or be denied!
Be specific when answering the judge’s questions at your Social Security hearing.
Avoid answering a question with, “occasionally,” “sometimes” or “every once in a while.” This is not specific enough.
To you, “occasionally” may mean “every other day,” but the judge may interpret it as “a couple of times a month.” As a Colorado Social Security lawyer, I have seen this happen! A misunderstanding like this can mean the difference between winning and losing your case.
This is how specific you should be:
Social Security hearing tip: stay positive! Your attitude matters!
I am going to let you in on a secret. In my years helping people with Social Security disability cases in Colorado, I have seen time and again: Judges respond to a positive attitude.
Here are some questions I have heard judges ask:
What do you see for your future?
Where do you think you will be in a few years?
Do you see things getting better or worse for you?
Take a moment and consider how you would answer these questions…
Denied at hearing? Here’s how to appeal the Judge’s decision to Social Security Appeals Council
If you are denied at your Social Security hearing by the Administrative Law Judge (ALJ), you have the right to appeal the judge’s decision to the Social Security Appeals Council.
To do this, you need to file form HA-520-U5 “Request for Review of Hearing Decision/Order.” You only have 60 + 5 days to get the appeal to the Appeals Council from the date stamped on the judge’s decision (5 days to receive the decision and 60 days to deliver the appeal).
Note: The appeal must be delivered by the 65th day! Unlike filing your taxes, postmarking the letter on the 65th day is not enough. The appeal must be in the Appeal Council’s hands no later than the last day.
There is the possibility of filing late with the Appeal Council’s permission, but that is not something you want to count on.
Here are a couple of things to keep in mind about the appeal.
What do I need to apply for Social Security disability?
Do you know what to bring to your interview when applying for Social Security?
Here is the list of information Social Security will need:
Medical Information including the names, addresses and phone numbers of all doctors, hospitals and clinics. Your patient ID number(s), dates seen.
Name(s) of medicine(s) you are taking.
Any medical records you have.
An original or certified copy of your birth certificate. If you were born in another country, Social Security also needs proof of U.S. citizenship or legal residency.
If you were in the military service, the original or certified copy of your military discharge papers (Form DD 214) for all periods of active duty.
If you worked, your W-2 Form …
