Social Security Lawyer | Social Security Claim Attorney

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Social Security Lawyer | Social Security Claim Attorney

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Changes Are Coming to the Social Security Disability Program

The United States Senate recently held hearings on the Social Security Disability Program. A minority staff report was prepared and released as a result of the hearing. The report makes the following recommendations: Require Government Representative at ALJ hearing. Congress will have to designate funds for such a program. Strengthen Quality Review of Administrative Law Judge Reviews. Close the Evidentiary Record one week prior to the Administrative Law Judge Hearing. Strengthen use of medical listings. Expedite an updated job list to identify jobs that claimants with limited disabilities can perform. Training for ALJ in analysis of obesity, drug and alcohol… Learn More

Social Security Disability and Expert Testimony via Telephone

In some Social Security Disability hearings, Administrative Law Judges arrange to have vocational experts or medical experts testify by telephone. This presents a problem because it is often difficult to hear the expert and the expert’s body posture and demeanor cannot be observed. This makes it difficult for an experienced Social Security Disability lawyer to cross examine the expert. A recent court decision has given guidelines so experienced Social Security Disability attorneys can handle this problem. The court finds that timely objection must be made insisting that the expert either be physically present or visibly by video conference. On the… Learn More

Social Security Disability Hearing Procedure

There is no specific procedure for a Social Security Disability hearing. Much of what happens depends entirely on how the Administrative Law judge prefers to conduct the hearing. However, in most cases you can expect a similar format. Formalities and Introducing Your Hearing Most of the time, formalities will be exchanged between the judge and those present. If you are not being represented, the judge will reiterate the fact that you have the right to have a representative present. The judge will then introduce the case, along with its history; after the judge will swear you in, asking you to… Learn More

Your Social Security Disability Benefits Hearing

 You must be prompt and on time to your Social Security Disability hearing if you do not want to risk the chances of your claim being dismissed by the judge, who has the authority to do so. It is recommended that you arrive at least 60 minutes early, so that any chances of being late or prevented from attending are nullified.  The hearing is informal so there will be no government attorney arguing against you, but the hearing will be tape recorded. If you wish to have a relative or friend present during the hearing you must obtain permission form… Learn More

Social Security Disability Appeal to an Adminstrative Law Judge

It is not uncommon to receive a denial from Social Security after filing a reconsideration appeal of your claim for Social Security Disability Benefits. Do not be discouraged, an appeal can be filed so that you can appear before an administrative law judge (ALJ). The appeal needs to be filed within 60 days of receiving the denial, with an additional 5 days for mailing purposes; that is to say, you have a total of 65 days to file the request. If the appeal is not submitted within 65 days, then the ALJ is subject to dismiss your case. An Administrative… Learn More

Defending Social Security Disability

Recently, many reports and studies have been critical of the Social Security Disability program. Also some newspaper articles have been critical of the program. A new report has now been written explaining the Social Security Disability Program and answering its critics. The new report explains that the rise in Social Security Disability rolls is due to the aging of the US population and the rising retirement age. The paper explains that baby boomers are reaching their disability years, thus increasing Social Security Disability costs. The paper explains that the Social Security Disability system is not out of control. Indeed, only… Learn More

Social Security Disability Claims and Secrecy

Recently, the Social Security Administration has begun keeping the name of Administrative Law Judges (ALJ) a secret until the day of the Social Security Disability hearing. The ALJ’s name is not released to the attorney, claimant or any experts. Prior to this practice, the name of the ALJ was released with the Notice of Hearing which provides the date, time, and location of the hearing. Knowing the name of the ALJ allows the claimant’s attorney to prepare the claim according to the preferences of the ALJ. All ALJ’s have different approaches to hearings and evaluating cases. Since the ALJ’s name… Learn More

Social Security Disability and Unemployment Benefits

Many Social Security Disability claimants file for Unemployment Benefits. This generally occurs when an individual is laid off from a job for poor performance. The poor performance is usually due to an underlying disability which interferes with job attendance or productivity. Applications for unemployment benefits complicate Social Security Disability claims. That is because in applying for unemployment benefits, an individual states that he/she is ready willing and able to work. This is inconsistent with a Social Security Disability Application which states that the claimant is unable to work. Generally, a disabled person cannot make both statements at the same time…. Learn More

Social Security Disability and Fybromyalgia

Individuals who have fibromyalgia have had a very difficult time getting Social Security Disability. Social Security Disability judges have denied claims based on fibromyalgia by finding that the claimant is not believable and that there is no medical diagnosis.                 Fortunately, the Social Security Administration has recently reissued a  ruling (SSB)12-2p that will help claimants win cases based on fibromyalgia. The ruling states that fibromyalgia can be a medical impairment to work and can be the basis for finding disability.                 Under the ruling the claimant must have a diagnosis of fibromyalgia which is consistent with medical standards for diagnosis of fibromyalgia…. Learn More

Mental Disability and Social Security Disability Help

Many Social Security claimants are unable to work because of mental disabilities. However, currently many claimants who have mental issues have not been treated by mental health professionals. To win a Social Security Disability Claim, a disabled individual must show he or she is currently unable to work. This requires current diagnosis and treatment. Mental health treatment in the past may help a claim, but a mental disability can only be proven by current treatment with a psychologist or psychiatrist. Current treatment does not mean getting treatment a week before your Social Security Disability hearing. Treatment with a mental health… Learn More

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    The National Advocates organization is pleased to announce that Mr. Fred Fleming has been selected for inclusion into its Social Security Disability Law specialty, an honor given to only a select group of lawyers as recognition of their superior skills and qualifications in the field.

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