Author Archives: Barbara Tilker

Social Security Disability Denied? Don’t Give Up Hope. (Part 1)

I’ve handled many Social Security disability cases over the course of my career, and helping people obtain the benefits they deserve is extremely gratifying. Today, I want to tell you about one of my clients who was eventually awarded Social Security disability benefits after a long fight.

This man – I’ll call him John – was injured at work. He was bringing a wheelbarrow loaded with materials up a flight of stairs when he slipped and fell down the stairs. He sustained significant back and shoulder injuries and was taken to the hospital that day. When I met with him, he had been out of work for several months and wanted to get back to work, but was unable to do so. I filed his application and waited for Social Security’s initial decision.

Because John was 48 years old when he was injured, I had to prove that he couldn’t do any type of work, not just the construction work he had done since he graduated from high school. John’s case was denied initially, as most cases are. I filed a request for a hearing in front of an Administrative Law Judge (ALJ) and started to develop John’s case.

In addition to his back and shoulder injuries, John was also depressed due to his chronic pain and inability to live his life the way he used to before his accident.

In addition to his back and shoulder injuries, John was also depressed due to his chronic pain and inability to live his life the way he used to before his accident. He started treatment with a psychiatrist and a psychologist. All conditions count in a Social Security disability benefits case, both physical and emotional. 

As his hearing date approached, I obtained updated medical records from all of John’s doctors and obtained supportive opinions from them as well.  Before the hearing, I prepared John for the questions he was likely to face.  Going into the hearing, I felt confident that John would get the benefits he deserved.  However, at the hearing, the ALJ did not seem to feel the case was as strong as I did. I told John to prepare for a denial from the judge.

While reviewing the decision, I noticed that the judge had made several significant errors…

Sure enough, the judge denied John’s claim. While reviewing the decision, I noticed that the judge had made several significant errors, from improperly evaluating the credibility of John’s statements, to giving improper weight to the opinions of his treating doctors. I met with John to review the decision and talk about our options.  Given the number of errors contained in the judge’s decision and the strength of John’s case, we decided to file an appeal with the Appeals Council. The Appeals Council, located in Falls Church, Virginia, is charged with reviewing appeals from individuals who disagree with the decision made by the judge at their hearing.

The Appeals Council review process can take anywhere from 18 to 24 months, and only about 20 percent of appeals are successful.  Despite these odds, I felt good about John’s chances due to the support of his treating physicians and the multiple errors made by the judge. I prepared a comprehensive legal brief detailing all of the judge’s errors and sent it to the Appeals Council for review. When I sent the appeal, I felt that the Appeals Council would recognize that the judge had issued a flawed decision and vacate it.  When a judge’s decision is vacated, the case is sent back for a new hearing and a new decision. 

In next week’s post we’ll reveal the outcome of John’s case.

Prior results do not guarantee outcomes.
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My Friend Got SSD Right Away. Why Is My Case Taking So Long?

Many people currently applying for Social Security disability benefits know someone who has been through the process before and is currently receiving benefits.  In fact, many of our current clients were referred to us by former clients who were pleased with how we handled their case.  This means we often hear the question “Why is my case taking so long?  My friend was awarded disability right away and didn’t have to wait.”

The short answer to this question is that every case is different.  Each case is assigned to someone at the Social Security Administration to handle, and some people work faster than others, or have less cases to work on.  If the person handling your case at SSA get sick or goes on vacation, you may wait longer for a decision.  If you are treated by several doctors, it may take SSA longer to get your records, and the more records there are to review, the longer the case can take.  Make sure you tell your doctors that you have filed your application so that their office staff will be aware that SSA’s request for records will be forthcoming.  The faster your doctors respond to SSA’s requests, the sooner a decision can be made.

The SSA does the best they can, given the increase in claims and decrease in staff members, to make decisions in a timely manner.  The best way to get a quick decision is to make sure that you give SSA all the information they need to process your claim and get your records.  If SSA is not told about a doctor that you see until they have already started the process, it may take them longer to get those records, delaying your decision.  You should also make sure that you respond to letters and phone calls from SSA as soon as possible.  Make sure that you promptly report any changes in your medical condition or care, such as a new doctor, a new medication, or a hospital visit. 

If you want assistance with your Social Security disability claim, please contact our office and speak with a member of our staff.  We’ll be happy to set up a free consultation so that we can discuss your case, either in one of our offices or over the phone.

Prior results do not guarantee outcomes.
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My Doctor Says I am Totally Disabled – Can I Get Social Security Diability?

Many people think that they will easily get Social Security disability benefits because they got a letter from their doctor that states that they are “totally disabled” and cannot work. This is a great first step for obtaining benefits – but it is only a first step. If your doctor is willing to write you a letter that says you are totally disabled, that shows that he or she will support your claim for benefits.  The support of a treating physician is very important to your claim.

Equally important to your claim is how your doctor’s opinion is expressed. A brief statement that you are totally disabled and/or that you cannot work will not be given a lot of consideration by the Social Security Administration (SSA). In order to make sure that your doctor’s opinion is properly considered and given the proper weight, your doctor will need to provide SSA with a “function by function” assessment of your ability to work.  SSA wants your doctor to provide them with an opinion that lists specific restrictions, such as how long you can sit, stand, and walk, how much weight you can lift and carry, and any limitation in your ability to get along with co-workers, the public, or to concentrate and follow instructions. Your doctor must also support his opinion with evidence such as examination findings or the results of diagnostic tests (such as MRIs and CT scans). If your doctor’s opinion is not properly expressed, it may not be given the weight it deserves, making it more difficult for you to get the benefits you’re entitled to.

To make sure that our clients get the benefits that they deserve, we contact the treating physicians to gather all of the evidence we need – including opinion evidence in the format required by SSA. If your doctor has told you that you are totally disabled and/or unable to work, please contact us if you need assistance with your claim.

Prior results do not guarantee outcomes.
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I Filed For SSD on My Own and Got Turned Down – What Should I Do Next?

If you get a denial notice from Social Security after filing your application for benefits on your own, don’t be surprised. Most people are turned down the first time they apply for benefits. Social Security recently released a study showing that people who filed on their own were slightly more likely to get denied initially, although they received their initial decision a little sooner. Many people make one of two common mistakes when they get turned down – they either don’t do anything or they file a new application. People who don’t do anything will, of course, not receive Social Security disability benefits. Those that file a new application are just as likely to get turned down again, and may lose entitlement to benefits they otherwise would have gotten.

When you get a denial, you should file an appeal of that decision.

When you get a denial, you should file an appeal of that decision. Filing an appeal is different than filing a new application. Depending on where you live, you will either file a request for reconsideration or a request for a hearing. A request for reconsideration means that someone else at Social Security reviews your file and makes a new decision. If you get denied at reconsideration (and about 90% of people do) you should file a request for a hearing.

After you file a request for a hearing, you’ll be scheduled for a hearing held by an Administrative Law Judge (ALJ). The ALJ will ask you questions and issue a written decision after the hearing. People who appear at a hearing before an ALJ are much more likely to get SSD than those who file a new application after getting denied.

Once you receive a denial, you should contact our office right away to discuss your options. You only have sixty (60) days to file an appeal, so it’s important to act fast. Our staff will be able to handle the appeals process for you, and one of our attorneys will appear at the hearing with you. The most important thing is to not get discouraged and continue your medical treatment so that you’ll have the medical evidence you need to prove your disability.

Prior results do not guarantee outcomes.
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How Does Social Security Help Me Get Back to Work?

The SSA has programs to help disabled people rejoin the workforce.

As I discussed in a previous post, you don’t have to be on Social Security Disability (SSD) forever. Many people find that their medical conditions improve and they want to try to get back to work. However, it’s hard to get back into the workforce after being out of it for a long time, and people are worried about losing their eligibility for benefits if they try to go back to work but are unsuccessful.

Social Security recognizes that it can be difficult for people to get back into the labor market and that people would be reluctant to go back to work if they would automatically lose entitlement to their disability benefits. To address these concerns, Social Security runs several programs to help people transition back into the workforce while maintaining financial eligibility.

Social Security has many programs and policies to help people return to work, but I will discuss two of these programs in some detail. These are the Ticket to Work program and the Trial Work Period.

The Ticket to Work program gives disabled individuals access to a network of services that offer retraining and vocational rehabilitation. This is a free, completely voluntary program. Once you reach out to them, you will Continue reading →

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Do I have to be on Social Security Disability Forever?

You aren’t prohibited from returning to work after being on Social Security Disability

Many of the people that I’ve spoken to over the years are under the impression that once you get Social Security Disability (SSD) you have to remain on benefits forever and can never go back to work. This is a common misconception, and one that prevents many people from receiving benefits they would otherwise be entitled to.

While you do not have to be on SSD forever, you do have to be out of work for at least twelve (12) consecutive months. However, once you’ve satisfied this durational requirement, you can return to work and receive SSD for a portion of the time that you were unable to work – Social Security doesn’t pay disability benefits for the first five (5) full months you’re out of work.

We have many clients who receive excellent medical care and have their medical condition improve and return to work. That’s great, and it’s something we love to see. SSD is there for you during the time that you’re unable to work.

…the Social Security Administration…even lets you work for a limited period of time before stopping your benefits.

Social Security also likes it when you return to work, and they have several different programs that help you get back to work, even if it’s a different sort of work than what you were doing before you became disabled. I’ll cover these programs in more detail in a later post, but for now, you should know that the Social Security Administration makes it possible for you to get vocational rehabilitation and retraining for free, and even lets you work for a limited period of time before stopping your benefits.

Once you know that you’ll be out of work for at least 12 months, contact our office to discuss filing a claim, even if you plan to return to work in the future. Because of the fact that you can lose benefits if you wait too long to apply (something I discussed here) you shouldn’t delay filing for benefits just because you plan to go back to work in the future.

Prior results do not guarantee outcomes.
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When Should I File for Social Security Disability?

Filing for Social Security Disability (SSD) can be a lengthy process. Every case is different, and some are processed faster than others. However, we’ve found that it takes the Social Security Administration (SSA) between four (4) to six (6) months to make an initial decision.  If that decision is unfavorable (and about 70% of initial decisions are denials), it can take between eight (8) to twelve (12) months to have a hearing before an Administrative Law Judge (ALJ) scheduled. A year to a year-and-a-half wait is not uncommon.

You should file as soon as you know that you will be out of work for at least twelve (12) straight months OR if your condition is expected to result in death.

Due to the lengthy process, you should file for SSD as soon as possible. You should file as soon as you know that you will be out of work for at least twelve (12) straight months OR if your condition is expected to result in death. If you will not be out of work that long, you should not apply for SSD, unless your condition is expected to result in death. You should talk to y our doctor to see how long he/she expects you to be unable to work.  Your doctor’s support is incredibly important to your case – something we’ll talk more about in the future – so talk to him/her before making the decision to apply.

In order to make sure that you get the maximum amount of benefits you’re entitled to, your application must be filed within 17 full months from the time that you become disabled and unable to work. If you’ve already been out of work for a year or more, consider putting in an application right away to prevent any loss of benefits you would otherwise be entitled to.

Once you’ve spoken to your doctor and made the decision to apply, contact our office to schedule an appointment.

Prior results do not guarantee outcomes.
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New Social Security Disability Rules Make Presenting Your Case Tougher

Today’s post comes to us from our colleague Ryan Benharris of Fall River, Massachusetts.

In December, 2010, the Social Security Administration (SSA) implemented a set of rules put in place to enable more effective case review. One of the major changes was that Applicants will no longer know who their Administrative Law Judge is prior to their scheduled hearing.

A recent article in the Wall Street Journal (WSJ) noted that these judges seem more concerned with the speed of case processing than on whether the applicants actually deserve benefits. The WSJ also indicated that some judges were approving more than 85% of the cases they heard in what was allegedly an effort to have the cases resolved more quickly.

Unfortunately, for applicants, this change in practice has made their cases much harder to litigate. Many Administrative Law Judges have different styles of practice in how their cases are heard. An attorney may present information in a different style depending on the judge.

The importance of an applicant being represented by an attorney before the Social Security Administration has never been clearer. Since there is no way to know who the Administrative Law Judge is prior to the hearing, it is absolutely imperative that every case prepared in accordance to all rules governing how cases are tried before the court. If even the slightest detail is overlooked, it may prevent an applicant from being allowed to present evidence that could win his or her case.

Prior results do not guarantee outcomes.
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