During this hearing, the Judge will consider the evidence presented in your original Social Security claim, any new evidence that you provide, and the testimony of witnesses, such as a Medical Expert (ME) or Vocational Expert (VE).

For many people seeking disability benefits, this is the point where they choose to work with a Social Security attorney. While filing a claim is relatively simple, a hearing in front of a judge can be a stressful and intimidating process. An attorney can help you prepare and feel more confident facing a judge’s questions.

If you’re seeking to appeal a denied claim for disability benefits, connect with a Social Security attorney in your area today for a free case evaluation. Simply fill out the quick case review form below to get started now.

Scheduling Your Disability Hearing

You will receive notice of your hearing with at least 20 days notice of the date, time and location. You will not be able to select the location, or the judge for your case. Most hearings take place in conference rooms, not court rooms.

The Social Security Administration holds hearings in 161 offices throughout the country. If the office location is more than 75 miles from your home, you may be able to apply for travel reimbursement. In some cases, you may be able to be reimbursed for food and lodging as well.

If for any reason you cannot or do not wish to appear in person for your hearing, depending on your jurisdiction, you may be able to arrange a video conference in your home or other location. A video conference can typically be scheduled sooner than an in-person appearance, which means less time waiting and worrying.

You may also elect not to be involved in the hearing at all, and the Administrative Law Judge will simply make a decision based on the evidence already present in your file.

What Happens at a Disability Hearing?

At the beginning of your hearing, you will be sworn in under oath. The Administrative Law Judge will then ask you a series of questions about your medical condition and whether it has any effect on your ability to perform a variety of tasks. The judge may also ask you to provide examples of how your condition impacts your daily life.

Sometimes, the judge may have a Medical Expert or Vocational Expert provide testimony on the type of work a person with similar job experience and disability should be able to perform.

These experts are contracted by the Social Security Administration to provide general examples, and their testimony will depend largely on how the questions are phrased by the judge.

Your attorney will be able to cross-examine these experts, and possibly ask them questions that more specifically relate to your medical condition and limitations.

Typically, the judge won’t make any decision on approving or denying your claim during the hearing. Most cases reach a decision several weeks after the hearing. The decision will typically be sent four to six weeks after the hearing, although it may be delayed if there is a large backlog of cases.

Nearly 55 million Social Security beneficiaries saw an increase in benefits beginning December 30, 2011, when SSI benefits for January, 2012 were issued.

There was no cost of living adjustment (COLA) in 2010 or 2011 due to stagnant levels in the Consumer Price Index as compared to the 2008 level in those years. Consumer costs raised significantly enough in 2011 to trigger the increase for 2012 benefits.

In addition to raising the payable benefits for SSI recipients, the new changes will also impact the paychecks of U.S. workers. While the tax rate for Social Security remains the same at 6.20%, the total maximum subject to Social Security and Medicare taxes, known as OASDI, has been raised from $106,800 to $110,100. The SSA estimates that this will impact approximately 10 million workers who fall between this range out of the nation’s 161 million workforce.

Other changes in 2012 will impact the total amount the Social Security recipients who are working can earn before impacting their benefit status. This applies for disabled, retired and low-income workers, each of whom are allowed to work a small amount while still falling under their respective category within the SSA.

Social Security Deductions May Increase, Too

Under the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, which is designed to keep more money in the paycheck of middle-income workers, deductions of the OASDI were decreased by 2 percentage points from 7.65% to 5.65% throughout 2011.

The Temporary Payroll Tax Cut Continuation Act of 2011 continued these deductions through the end of February, 2012, but they may revert to their regular rate unless similar legislation is passed.

The higher deduction rate will see more money going into the Social Security system, but less in the pockets of workers.

Much like receiving disability benefits from the Social Security Administration, the process of applying for veteran’s disability and proving your need can be time-consuming and tedious. The VA is not known for easily granting benefits, and many vets have to go through several levels of appeals before receiving their disability benefits.

The Department of Veterans Affairs allows vets to be represented by an attorney or advocate if they wish to appeal a denial of an initial claim. If you are a veteran who was disabled while on active duty, you can speak with an attorney near you to learn more about your rights.

Arrange a free consultation with a disability attorney in your area today. Simply fill out the quick case review form below to get started now.

Requirements for Disabled Veteran Benefits

In order to be eligible to receive disability benefits through the VA, a veteran must meet the following qualifications:

• Currently suffering from a temporary or permanent disability that was caused by or aggravated by active service
• Must have received a discharge status other than dishonorable
• Medical evidence must link the disability to active duty service
• The disability was not the result of willful misconduct or abuse of alcohol or drugs

Based on these factors, the Department of Veterans Affairs will decide three things:

• If the veteran is entitled to disability compensation
• How severe the disability is, based on the VA’s rating system
• When any compensation will start being paid

In its assessment of your claim, the VA will rate your disability on a scale of 10 percent to 100 percent to reflect the severity of the disability. Veterans with multiple disabilities may rate at a higher level, but the disabilities will not simply be added together.

Veterans with dependents to support may be able to receive a larger amount than those supporting only themselves. Spouses, children and live-in parents may be qualified dependents, allowing a disabled vet to receive a larger sum of benefits each month.

Filing and Appeals Process for Veterans Benefits

1. Submitting a claim: Claims for disabled veteran’s benefits must be filed with your VA Regional Office. There is no statute of limitations for filing claim. A disabled veteran may file a claim at any time after serving active duty.
2. Appealing a denied claim: Often, the VA will reject an initial application, or accept it but give it a rating that results in little compensation for the vet’s disabilities. When this happens, the applicant can appeal the decision. An applicant has one year to appeal by filing a Notice of Disagreement with the Board of Veteran’s Appeals.
3. Submitting a brief: A legal brief that details your disability and provides medical evidence of temporary or permanent disability can be submitted along with the Notice of Disagreement to the Board of Veteran’s Appeals. The BVA will either reverse the decision of the Regional Office, or send the claim back to the Regional Office. A stronger argument for receiving benefits can often help the process go more smoothly for the applicant.
4. Second appeal of a claim: If the Board of Veteran’s Appeals denies a claim, or approves a claim at a low rating, the decision can be appealed again to the United States Court of Appeals for Veterans Claims. This appeal must be filed within 120 days of the BVA decision, and requires a much more formal legal brief.
5. Third appeal of a claim: If the claim is denied by the United States Court of Appeals for Veterans Claims, the decision can again be appealed, this time to the United States Court of Appeals for the Federal Circuit.

Speak with a Disability Attorney and Learn Your Rights

If you’re dealing with a disability that is the result of your active duty service, you may be entitled to compensation from the VA. However, the process is not easy, and can take months or years.

Consider speaking with a disability lawyer in your area to learn what to expect. If you decide that pursuing Veteran’s disability benefits its right for you, your attorney can handle the complexities of the case while you focus on what’s most important in your life.  Simply fill out our free disability case evaluation form to begin the process now.

Roughly 1,500 administrative-law judges throughout the country hear appeals for Social Security cases, and a recent study of their decisions shows an apparent difference in their standards for decision-making on Social Security Disability claims.

According to a recent report in the Wall Street Journal, one judge in Houston awarded benefits in only 13 percent of his cases last year, while another judge in Kingsport, Tenn., saw fit to award benefits in 99 percent of the cases he heard.

Social Security judges, who essentially are employees of the Social Security Administration appointed for life, hear appeals cases that have been denied twice before at the state level.

The Social Security Disability Insurance program is designed to offer financial and health-care benefits to Americans who are unable to work. Some 10.6 million Americans are expected to receive $130 billion in benefits in 2011.

Facing a crush of new applications each year, in addition to 771,318 applicants in the backlog in 2011, the SSDI program could run out of funds by 2017 under its current system.

The new independent review of the Social Security Administration, to be led by the Administrative Conference of the United States, will suggest ways that can not only make the appeals process based more on merit for those truly in need, but also save the SSA millions of dollars by denying more claims that are unfounded.

In one such step already being implemented, applicants at this stage of the appeals process are no longer being informed beforehand of the judge in their case. This is designed to prevent SSDI applicants and their attorneys from shopping around to find a judge more likely to approve the claim.

Another focus of the study, looking to reduce redundancy in the Social Security process, will attempt to suss out why so many federal courts – which represent the next higher level in the appeals process – are overturning decisions by Social Security judges who deny benefits to applicants.

The findings of the study won’t bring immediate changes when they are issued next November, but could serve as a blueprint for Congress or the Social Security Administration to issue new rules.

If your child suffers from a mental, physical or developmental disability, and the child’s household meets certain income and asset limits, the Social Security Administration could provide you with benefits.

The amount of the benefits a child may be able to receive will depend on state laws and other factors. For more information on what to expect when applying for benefits for children with disabilities, speak with a Social Security Disability attorney in your area. Receive a free, no-obligation consultation with a local lawyer by filling out the case review form below.

SSI Benefits for Children Under 18

Children of all ages up to 18 may be eligible to receive Supplemental Security Income if they have a medical condition or combination of conditions that leaves them with “marked and severe functional limitations.” A qualifying medical condition will have lasted, or be expected to last at least 12 months, or result in death.

A young adult may be employed and still receive SSI, but he or she must earn no more than $1,000 a month to be considered disabled (this amount is updated by the SSA periodically to reflect inflation and earning standards).

A child may become eligible for SSI benefits at birth, particularly for certain conditions such as low birth weight. The SSA will typically require a review by the child’s first birthday if receiving benefits before that age, and at least every three years before age 18 if the disability is due to a medical condition that could improve.

Upon his or her 18th birthday, a child receiving SSI benefits must be reassessed as disabled under the adult standards. In some cases, a young adult receiving SSI benefits as a child may continue receiving them up to age 21 if they are in school.

SSDI Benefits for Adults Disabled as Children

Adults who have been disabled since childhood may be eligible to receive Social Security Disability Insurance (SSDI) benefits through a working parent or guardian’s Social Security account.

SSDI benefits are paid based on work credits, so recipients typically must have worked in the 10 years prior to applying for benefits to be eligible. For adults disabled since childhood, an exception is made that allows them to collect benefits through a parent’s work history.

The calculations for work credits can be complex, and requires a minimum quarterly income that may be updated every year. For more information on qualifying your adult child for SSDI benefits, you can consult a Social Security attorney.

Speak with a Social Security Attorney about Your Child’s Benefits Today

If your child is suffering from a temporary or permanent disability that is impacting his or her quality of life, you may be eligible to receive government benefits through the Social Security Administration.

If you need help filing a claim, appealing a denied claim, or determining if your child qualifies for SSDI or SSI, speak with a local attorney today. You can receive a free consultation with a Social Security lawyer near you.

Get a free evaluation of your Social Security Disability Insurance case by an Attorney

Applying for Social Security can be a complicated and often intimidating process. An attorney who is familiar with the process and the requirements can be a welcome guide through the red tape and bureaucracy often imposed by the SSA.

If you’re looking to file a claim or appeal a denial of claim for Social Security Disability or Supplemental Security Income, you can discuss your case with a local Social Security lawyer. Arrange a no-obligation consultation today by filling out the free case review form below right now.

Benefits of Working with a Social Security Attorney

There are many reasons why Social Security claimants choose to work with attorneys during their cases.

• Advice on claims and legal options. Seeking a claim for disability can be a difficult process, and not everyone who applies will receive benefits. An attorney can help you get a better understanding of your situation and help you determine if your claim is worth pursuing or if other legal options are better in your situation.
• Reviewing forms for missing details and errors. The vast majority of claims submitted for disability are denied by the Social Security Administration when they are first submitted. The reason is that essential details in the claim are either insufficient or completely missing. An attorney can help you ensure that your claim is as complete as possible when first filed so that your request for benefits may be processed quickly and smoothly.
• Appealing decisions by the SSA. If your initial claim is denied by the SSA, you have the right to appeal that decision and have the right to legal representation. Even if you filed your claim without legal help, it’s not too late to consult with a lawyer as you go through the more complex appeals process.
• Developing testimony to prove a disability. Proving that you have a disability is not always a simple process. The Social Security Administration may grant disability benefits for essentially any medical condition, but meeting the standards of true disability can be difficult. An attorney can help you gather medical evidence and testimony from others that could convince the SSA of your condition.
• Meeting requirements and deadlines. The Social Security Administration has strict requirements for processing claims, and many first-time filers may be unaware of how to meet these. Missing a deadline may mean a claim is no longer eligible for benefits. An attorney can be mindful of these essential details and guide your claim along the necessary steps.

Find a Social Security Attorney Now

You can connect with an attorney today to find out what it could take to get your claim approved. If you choose to work with a Social Security lawyer, federal law prohibits your attorney from charging you until your claim is approved, and limits the total amount you’ll have to pay for legal services.

Connect with an attorney today. Begin the process here.

Click here to request a free evaluation of your Social Security Disability Insurance case

Senator Bob Casey (D-PA) is sponsoring legislation that would allow Social Security Administration officials access to existing government databases to identify violent criminals who are seeking representative payee status for another person’s benefits, according to the Washington Post. In effect, this would force all potential representative payees to undergo a criminal background check through the SSA.

It’s already illegal for convicted felons to be representative payees under a 2004 law aimed at cracking down Social Security fraud, but recent events show that the existing legislation did not go far enough to prevent this form of abuse.

Linda Ann Weston has been charged with kidnapping and other offenses after four malnourished mentally disabled adults were found in a basement boiler room in her Philadelphia home on Oct 15. Weston and three other defendants allegedly had been seizing control of the captives’ disability checks.

“The horrors that took place … are deeply troubling, and we must do everything we can to ensure this never, ever happens again,” Sen. Casey said at a news conference with Philadelphia police. “This legislation will ensure that the Social Security Administration has the resources and the tools it needs to stop another situation like this in its tracks.”

Weston was convicted and served prison time for allegedly allowing a man to starve to death three decades ago, which should have barred her from cashing disability checks under the 2004 law that requires payees to disclose if they’ve ever serve a year or more in prison. However, due to lack of fraud-prevention resources in the Social Security Administration, Weston’s criminal past went unnoticed.

Casey’s new bill, set to be introduced in the Senate by the end of the year, would give the SSA more access to existing government databases, such as the FBI’s National Crime Information Center system. It would also increase the number of fraud cases initiated, as the increased policing power would allow the SSA to investigate a wider range of potential offenses.

Due to massive backlogs and the complex appeals process, many disabled Americans find they must wait months or years before finding themselves eligible to receive SSDI.

Thankfully, the wait may be shorter for those suffering from what the SSA calls “Compassionate Allowance Conditions,” which allow a Social Security applicant to have his or her claim fast-tracked. In October, the SSA announced 13 new conditions that qualify for Compassionate Allowance.

All of the new conditions eligible for the Compassionate Allowance program are related to immune system and neurological disorders, including:

• Malignant Multiple Sclerosis
• The ALS/Parkinsonism Dementia Complex
• Pulmonary Kaposi Sarcoma
• Primary Central Nervous System Lymphoma
• Primary Effusion Lymphoma
• Angelman Syndrome
• Lewy Body Dementia
• Lowe Syndrome

“Social Security handles more than three million disability applications each year and we need to keep innovating and making our work more efficient,” Commissioner of Social Security Michael J. Astrue said. “With our Compassionate Allowances program, we quickly approved disability benefits for more than 60,000 people with severe disabilities in the past fiscal year. We have made significant improvements, but we can always do more.”

The new additions to the program bring the total Compassionate Allowance Conditions recognized by the SSA to 113.

Conditions already on the Compassionate Allowance list include certain cancers, adult brain disorders, and early-onset Alzheimer’s disease.

Qualifying for Social Security Disability Insurance involves proving to the government that your current medical condition prohibits you from doing your job and that you are unable to perform any other job duties.

Unlike Workers’ Compensation, your injury or illness does not necessarily need to have been cause on the job or due to your job duties. If you are unable to perform the tasks that your job requires – whether physically, mentally or emotionally – you could qualify for Disability benefits.

Learn more about your options by scheduling a free, no-obligation consultation with a Social Security attorney near you today. Simply fill out the quick case review form below to get started now.

Debilitating Diseases and Medical Conditions

There is no finite list of disabilities that are covered by Social Security. Any illness, injury or other medical condition may be approved for benefits if the Social Security Administration agrees that the claim is warranted.

The following conditions include some of the most common claims that are submitted to and approved by the Social Security Administration. Even if your medical condition is not listed below, you may still qualify for Disability benefits.

• Bipolar Disorder
• Cancer
• Chronic Fatigue Syndrome
• Chronic Headaches
• Chronic Pain Disorders
• Complex Regional Pain Syndrome
• Congestive Heart Failure
• Crohn’s disease
• Diabetes
• Depression
• Fibromyalgia
• Hepatitis C
• Huntington’s Disease
• Lung Disease
• Lupus
• Mental Illness
• Multiple Chemical Sensitivities
• Muscular Dystrophy
• Multiple Sclerosis
• Post-Traumatic Stress Disorder (PTSD)
• Reflex Sympathetic Dystrophy
• Rheumatoid Arthritis
• Traumatic Brain Injuries

Click here for a free evaluation of your Social Security Disability Insurance case

Talk to a local Social Security lawyer today and learn about your options and eligibility to receive Disability benefits. If you chose to work with an attorney, you only have to pay fees if you are successful in your claim, and federal law limits how much a lawyer can charge.

Take the first step now by filling out the quick case review form below and connect with an attorney in your area for a free consultation.

Why Was My Claim Denied?

The Social Security Administration is looking for specific information in each Disability claim, and many filers do not meet the standards of an acceptable claim. Even if you feel that your claim specifically outlines how your condition makes working impossible, it may not be accepted without a valid medical reason.

The process of appealing a denied claim is relatively straightforward, but often involves a lot of legwork and attention to detail. For this reason, many filers chose to work with a Social Security attorney to make sure that they meet necessary requirements so that their claim has the best chance of being accepted.

Dealing with the government to get your benefits can be difficult. Let a local Social Security attorney help your cause and your chances of getting your benefits claim accepted.

You can receive a no-obligation consultation with an attorney in your area. Simply fill out the quick Social Security case review form below to speak with a lawyer near you today.

What is Involved in the Claim Appeals Process?

If your request for benefits has been denied, you have the right to appeal that decision. As with all government decisions, there is a set process for trying to reverse the decision to deny your benefits.

If you wish to appeal your denial of benefits, you must send a request in writing within 60 days to receive an administrative hearing.

In most states, there are four levels of appeals. If a claim is denied, it can be taken to the next highest level.

• Reconsideration
• Hearing by an Administrative Law Judge
• Review by the Appeals Court
• Federal Court

At each stage of the appeals process, time is of the essence. Acting quickly to appeal a decision to deny your benefits removes the risk of having the statutory time to respond lapse.

Also, at each stage the legal complexity of the process increases. For this reason, having an attorney as your advocate throughout the entire process can be a source of relief.

Click here for a free evaluation of your Social Security Disability Insurance case

If you are considering working with an attorney in your attempts to receive Social Security Disability payments, you may be concerned about the cost of an attorney. Federal laws prohibit Social Security lawyers from collecting a fee unless they are successful in getting you on Disability, and limit the total amount of fees they can charge, so you get to keep your hard-fought money.

Arrange a free, no-obligation consultation with an attorney in your area today and get the peace of mind you deserve. Simply fill out the quick case review form below to speak with a Disability lawyer near you.