It is always better to allow the Judge to control the course of the hearing as much as possible.  Many Judges focus on securing the essential testimony and information in an effective and efficient fashion.

Our experience has been making an opening statement when one is not needed serves only to delay the process that sometime frustrates the Law Judge.

When an opening statement is appropriate, our advice would be to keep as brief and simple as possible.

If you have a Social Security Disability hearing scheduled and would like to discuss possible representation by our firm, please feel free to contact our office.

Peripheral neuropathy can be extremely disabling.  At the hearing level, the Administrative Law Judge will want to see specific documentation from your physician in order to determine whether you meet Social Security’s disability criteria.

Your doctor should carefully document the existence of pain, parenthesis, urinary incontinence, muscle atrophy, chronic fatigue, and any other symptoms or signs being manifested by the patient.  Documenting the symptoms in and of itself is not sufficient to prove that a disability exists.

The doctor should specifically document how the neuropathy has affected the patient’s functional capacity.  That is, specifically, how far can the patient walk, how long can he or she sit or stand, and how much can he or she lift on a regular basis.

A medical source statement providing answers to these and many other crucial questions can be of great benefit to your claim.

If you have questions regarding your Social Security case, please feel free to contact our firm.

A very helpful tip that we often give out after we receive a date for their hearing is to have them keep a journal for two or three days.  The journal will document all of their activities from the time they get up in the morning until they go to bed at night.  The purpose of the journal is for them to write down the types of activities they are able to perform and the ones they have difficulty doing.

The reason for documenting this information is so that they will be able to give more useful testimony at the time of their hearing.  It is common for Law Judges to ask the claimant how they spend a typical day from the time they get up in the morning until the time they go to bed at night.

It sounds like an easy question to answer, but its not.  Many people assume that the Judge knows that they experience pain or have difficulties with simple daily activities.  However, the Judge does not know this.  In order to paint a picture for the Judge it is important that specific detailed testimony be given regarding the activities the claimant is able to do without a problem and those he or she struggles with.  An hour-by-hour journal is often a useful way to insure that you are not forgetting any important pieces of information at the time of your testimony.

If you would like to consult with our firm about possible representation for a Social Security hearing, we would be happy to speak with you.

Filing the appeal is relatively simple.  The Social Security Administration’s website provided step-by-step assistance for those interested in appealing their claims.  This process can be done online.

At our firm, we routinely assist claimants with filing appeals and prepare their claims for the hearing process.  Preparing a Social Security claim for a hearing is time consuming and requires constant follow-up, securing medical relevant medical reports and forms, as well as preparing the witness to give testimony at the time of the hearing.

If you have been denied for benefits or would like help with your appeal, feel free to contact our office.

The detail with which you doctor offers his medical notes can make a big difference in your claim.  Anxiety and depression are often accompanied by reduced motivation, crying attacks, social withdraw, and memory loss.  It is helpful that your doctor document the specific symptoms that are associated with the diagnosis of anxiety and depression.  It is even more helpful if your doctor will documents how frequently you experience these symptoms and how they affect your ability to perform your activities of daily living.

Depression and anxiety claims can be difficult and clear, accurate medical reports can be extremely helpful in securing a favorable decision at the hearing level.

When an overpayment has been alleged, the claimant may request a waiver.  To successfully secure a waiver of overpayment, a claimant must show that he or she was without fault in creating the overpayment and that requiring repayment would contravene the purpose of the Social Security Act or would be against “equity and good conscience.”

The Social Security Administration will not look kindly on overpayments created by misstatements of a claimant, failure to provide required documentation regarding earnings or disability status, or overpayments that should have been obvious to the recipient.

Recently, Governor Cuomo implemented a website known as Jobs Express.  This website is designed to assist the unemployed in finding suitable jobs.

The web address is http://www.labor.ny.gov/jobs/regional.shtm

Utilization of the Jobs Express website, with appropriate documentation, can help you meet your burden of remaining attached to the labor market.  We strongly recommend documenting each and every visit to the website as well as which jobs were applied for or inquired on and when this action took place.

The partially disabled worker should also contact Access (previously known as VESID) and fully cooperate with their program.  Additionally, further independent job searches should be maintained with specific documentation of any and all jobs sought.

It is important to understand that some private disability policies include a reimbursement clause which may require the claimant to reimburse the private insurance company if they eventually receive Social Security Disability payments covering the same period of time.

It is crucial that a claimant understand his or her rights and obligations in this circumstance.  I have seen cases where the claimant is unaware of their contractual obligation to reimburse the disability carrier and they were eventually sued by the insurance company to recover this money.  In order to avoid this dilemma we strongly recommend contacting the private disability carrier to see whether there is a reimbursement clause in the insurance policy.  If there is, you should request a copy of the policy to confirm that reimbursement is necessary.

If you have questions regarding your Social Security claim, we would be happy to speak to you.

In order for a medical opinion to be given controlling weight, it must not only be provided by an acceptable medical source but the provider must also be what is known as a “treating source.”  A treating source simply refers to a doctor who is being consulted for the purpose of providing medical care as opposed to providing medical records to be used in litigation or in support of a Social Security claim.

A consultative physician who examined for SSA or an independent medical examiner that might exam in a Workers’ Compensation case would not be considered treating sources.  Their opinions can be considered by the Judge but they cannot be given controlling weight.

If you have questions regarding a Social Security Disability issue, please feel free to contact our office.

A person can be deemed disabled if their medical conditions meet Social Security Disability’s criteria even if they are working as long as they are earning less than $1,000.00 per month.

If you have filed for Social Security Disability benefits and have received a denial, don’t give up.  We will be happy to consult with you regarding your chances of appeal at the hearing level.