Social Security hearings are tape-recorded and after the Judge greets the claimant and his or her attorney, the Judge will make an opening statement. In his or her opening statement, the Judge will note, for the record, the persons presents for the hearing. The time the hearing started will also be noted and most Judges […]
When To File For Social Security Disability Benefits
September 15, 2011 Leave a Comment
It is sometimes difficult to know exactly when to file for Social Security Disability benefits. This is because in order to qualify for benefits you must have a disability that has lasted or is expected to last at least one year. In many instances, an accident or injury occurs but the severity of the injury […]
Evidence Of Disability
September 12, 2011 Leave a Comment
An area of confusion when dealing with disability evidence before the New York State Workers’ Compensation Board arises when a doctor uses an office form for the purpose of keeping a patient out of work. There is nothing wrong with using a form to document a disability status. however, it has become commonplace for the […]
The Social Security Hearing: Describing Your Symptoms
September 9, 2011 Leave a Comment
The Administrative Law Judge will certainly ask you about your symptoms during your Social Security hearing. There is a helpful way to testify and a damaging way to testify about the same symptoms. Do not simply tell the Judge the medical diagnosis of your condition and expect that will impress him. Do not simply say […]
When Should You Apply For Social Security Disability Benefits?
September 7, 2011 Leave a Comment
If you become disabled and are not sure what benefits you may be entitled to under the Social Security Law, the safest bet is to file your application for Social Security benefits. The earlier you file the better. However, you should know that unless your disability has lasted or is expected to last at least […]
Speak To Your Doctor About Your Limitations
August 9, 2011 Leave a Comment
The most persuasive medical records from attending physicians in a Social Security case are those which specifically document the patient’s limitations. The only way for a physician to accurately assess reasonable work capacity is to do physical examinations and to speak with the patient. A physician who provides a brief statement indicating that one of […]
Proving Social Security Disability: What Are Your Daily Activities?
August 6, 2011 Leave a Comment
One of the factors that can be considered by the Judge in assessing whether or not you qualify for benefits involves your inability to perform activities of daily living. That is why at Social Security hearings, Law Judges frequently will ask for testimony regarding a claimant’s typical daily activities. Activities of daily living are just […]
Mental Impairments And Social Security Disability
August 3, 2011 Leave a Comment
A large portion of Social Security claims are based, in part, on a mental illness. There are many ways to demonstrate a disability under the Social Security Law. One such way, is by meeting the criteria listed in 12.02 of the adult listings. Under 12.02 Section C, a chronic mental disorder meeting the following criteria […]
Caps In Permanent Partial Disability Cases
August 1, 2011 Leave a Comment
Under the current Workers’ Compensation Law, there are caps or limits on the number of weeks a permanently partially disabled claimant can collect lost wage benefits. The chart below provides information regarding the maximum number of weeks that can be paid for different permanent degrees of disability: 525 weeks for loss of wage earning capacity […]
How Long Will The Actual Social Security Hearing Take?
July 25, 2011 Leave a Comment
While it may take between 9 months and a year or so from the time you requested your hearing to the date your hearing is actually scheduled, the actual proceeding does not take very long at all. Usually, an average Social Security Disability hearing will take approximately 45 minutes. If a vocational expert has been […]
