Posts Tagged ‘Hearings’

Disability cases based on seizure disorders are a very special kind of disability case.
If your case goes in front of an Administrative Law Judge, you can expect to be asked these questions:

How often do you have seizures?
What happens during a seizure?
How do you feel after a seizure?  
What do you have to do after a [...]

It surprises my clients to learn that, most of the time, Social Security does not update medical records after the initial denial.
With wait times of a year or more, this can mean that by the time your case gets in front of a judge, the records in your file may be a year (or more) [...]

Even though it often takes a year or even two years to get your Social Security hearing, you may find that you are not ready when the big day finally comes.
Is there any way to continue, postpone, or delay my Social Security hearing?
Yes. You can request a continuance to postpone your hearing.
Lets look at how [...]

If you are keeping in touch with the Office of Disability Adjudication and Review (ODAR) which is preparing your case for hearing, you may be told that your case has finally been assigned to an Administrative Law Judge (ALJ).  
However, ODAR may not tell you is how much longer it will take to get a [...]

Gordon Gates writes about how he tries to make each case different and memorable when preparing to go to hearing.
I am always concerned that a particular claim will not get the attention it deserves at the hearing level, due to the tremendous workload at the Social Security hearing offices. Each administrative law judge decides several hundred [...]

I previously wrote about how Social Security may move a case from one hearing office (Office of Disability Adjudication and Review – ODAR) to another to try to ease case congestion and speed up processing.
Usually, there is nothing to worry about when this happens. However, there is something you do need to watch out for. If you [...]

Social Security attorney Gordon Gates wrote about a Social Security Administrative Law Judge (ALJ) who only approves 11 percent of cases.
In trying to find some insight in to how this ALJ could only approve 11% of cases when most other ALJs approve somewhere between 45-60% of cases, Gordon found the following post from the ALJ [...]

The long wait times in Social Security cases are prompting a backlash against Administrative Law Judges (ALJs) in Social Security cases.  
Across the country, it takes an average of 480 days to get a judge’s ruling on a Social Security disability claim — but 650 days if your case is in Portland.
The problems in Portland [...]

Would you like to know what percentage of cases the Administrative Law Judge (ALJ) assigned to your Social Security disability, or Supplemental Security Income (SSI) case, approves and denies?
In response to a Freedom of Information Act request by The Oregonian, the Social Security Administration released the production numbers and approval rates for all of its administrative law [...]

We have previously discussed that an individual is not eligible to receive Social Security disability benefits while incarcerated.  This issue frequently comes up when an individual already on Social Security is incarcerated.
However, it is important to remember that the prohibition on receiving Social Security benefits may also impact your application for Social Security benefits, if you [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]