If you have been denied at your initial hearing,appealed in time (60 days),and then were denied at reconsideration – the road to receiving your Social Security Disability Benefits can look daunting,even impossible. It’s likely,you’ve appealed that decision,have waited multiple months,and the day has finally come to have your hearing in front of an Administrative Law Judge (ALJ). What happens now? And importantly,what can you do to prepare?
The biggest problems facing claimants who are not represented by an ALJ are not understanding the hearing format and unaware of the medical and other evidence in their file!
Ensuring Your Medical File is Ready For Review
The single biggest obstacle is the medical file. When unrepresented it is YOUR responsibility to make sure your medical records have been properly submitted to the hearing office and have been placed in your electronic file for the judge to review. This is NOT Social Security’s responsibility. No records,or not an adequate file typically leads to frustration with the judges and a possible unfavorable decision for an otherwise great claim. How do you go about fixing this problem? When the hearing office schedules your hearing (typically more than 75 days out) they will mail you a CD with your file. You need to ACCESS this record and see what Social Security is MISSING from your medical record. Social Security must have records pertaining from your onset date to shortly before your hearing. The ALJ’s tasked to decide your case cannot award benefits if there are no medical records for the time in question. For example if you allege disability from 2016 but only have records beginning 2019,the judge WILL NOT find you disabled prior to the medical records on file! You can request your medical record from your providers at little or no cost to you directly from the provider. This then must be submitted NO LATER than 5 DAYS prior to hearing via fax,mail,etc. Do NOT bring records with you to the hearing unless you HAVE TO (i.e.,just received them).
The second biggest obstacle for unrepresented claimants is they are unaware of the hearing format. It is NOT to tell the judge what’s wrong and why they should find you disabled. The ALJ will ask you specific questions about your daily activities,where you worked and the reasons behind leaving work. It is not,in other words,an open forum for you to discuss your problems. It is detailed,specific and if you are not prepared the burden is on you,not the administration.
Other Tips for Your Hearing
We highly recommend you adhere to the following advice as well:
- Don’t interrupt the judge.
- Answer the judges specific question. A question about your past work is not a entry to discuss your back problems. The judge knows about your back problems,they want to know about the question they asked.
- Come prepared with recent medical evidence already submitted well in advance.
- Arrive early to your hearing. Most offices will screen you for drugs and weapons and have forms to fill out,do NOT BE ON TIME. ON TIME is LATE.
- Dress comfortably but respectfully; no logos or political statements.
- Show the judge respect. “Yes your honor” or “No your honor.” They are judges and expect to be treated respectfully. They are the sole decision makers of your claim,so it always helps to show respect.
If you’re interested in finding expert representation to claim your Social Security Disability Benefits,Marken Law Group,does not charge a fee unless you get the benefits you deserve. Click the link below for a free consultation!
Marken Law Group | No Benefits? No Fee.
With retirement approaching,it’s a good idea to familiarize yourself with what can cost you your social security benefits or what you can collect on top of them. Also,if you’re receiving social security disability,will your retirement affect those payments? These are important topics to cover,just as knowing what SSI and SSDI are,when to file for each,or switching from one to the other.
Collecting Social Security and Disability
Many people confuse their social security retirement with supplemental security income,but they are entirely different programs and that matters a great deal if you’re hoping to collect social security disability. The issue here is eligibility and what those payments look like,while it’s tempting to think that applying for various forms of social security will make for higher payments,it isn’t how it works. Essentially,the social security office will only pay you whatever is higher if you’ve filed for both. In most cases,the SSI disability is higher until you reach the age for full retirement which will then automatically convert to your retirement benefits.
There is a rare exception to the automatic conversion rule and that is when someone opts for early retirement but is then approved for SSDI benefits. This way you can receive early retirement payments until the disability insurance is approved and the additional money comes in on top of the early-retirement benefits,likely along with the retroactive benefits.
Can You Switch from SSI to SSDI?
Yes,you’re able to switch from SSI to SSDI. If you file for early retirement and then suffer from a disability,you can apply for SSDI benefits. If approved,they will switch your early retirement benefits to SSI disability benefits. This is also true in reverse. This is one of the instances where you would want to speak with an SSI or SSDI lawyer before making any filings or claims,to ensure you’re not robbing yourself of a higher payment or missing an opportunity to benefit from what is rightfully yours. It isn’t uncommon for people to file for SSDI,only to find their social security retirement was much higher,and are now unable to collect.
Filing for Disability and Social Security at the Same Time
This is another common “trick” people employ to try and receive both social security disability and social security retirement insurance,but it can have costly ramifications. People who retire early and apply for disability at the same time run the risk of their SSDI being denied,then being forced to collect lower benefits for the rest of their life. While this is an option for people who are quite impaired and it’s all but guaranteed they’ll get their SSDI benefits,you have to ask yourself if it’s worth the risk.
This is another area where it pays to have a lawyer well versed in social security disability benefits and the social security administration.
A Guide to Social Security Disability and Social Security Benefits
If you’re considering filing for both social security benefits and SSDI,it’s important you have the right guide to ensure you get what is rightfully yours. Being denied social security disability and getting lower SSI benefits is a scary and stressful time,especially if counting on that extra income makes you think you cannot afford an attorney.
Getting what you need to live and have what you deserve is too important to leave to chance. Partner with an experienced ally that is by your side from start to finish to better secure your benefits.
Marken Law Group
First published in 1950,Erikson’s Theory of Psychosocial Development outlined eight stages that Erik Erikson's Stages of Psychosocial Development Explained the healthy person goes through. Each stage is defined by a crisis that creates or damages a person’s personality. The theory is based off Freud’s psychosexual stages,and also includes social influences. It has been criticized due to its generalisations but it has remained an integral part of psychology. It has also proved useful in changing the way we think of middle and late adulthood as a time of personal development rather than the time to live through.
The very first stage,infanthood lasts from birth up to about 18 months. At this point infants are totally dependent on their caregivers. The baby learns to trust their caregivers through being able to observe how they respond to their needs,such as comforting and feeding. The treatment they receive at this stage will have lasting effects for their security and confidence in themselves.
The stage of toddlerhood is Erikson’s third phase of psychosocial development. It is a period of time that spans from 18 months to 2 years. The child develops their independence during this stage,and the success or otherwise of this process can have a significant impact on the development of their personality and growth. A child who is unable overcome their shame and doubt will be struggling with these issues throughout their lives. If the child can get through this stage successfully then they may be able to develop intimate relationships in later years.
Preschool is the third phase of Erikson’s theories and occurs between the ages of three and five years. Children in this age group are developing their capacity to relate to other people as well as having an innate sense of self-confidence. Parents and teachers must encourage positive interactions with children at this stage. The positive interactions help to increase the independence of the child while providing guidance and support to their efforts. Negative interactions,such as negative criticism or indifference could harm the self-esteem of a child.
Elementary school is the fourth level of Erikson’s concept and can be found between 6 and 12 years of age. It is during this time that a child begins to feel pressure from other people such as teachers and peers. This is also the stage when a child begins to develop their sense of industry or the ability to work hard towards objectives and goals. Children who are applauded for their efforts and encouraged by their teachers will be able to create a sense of accomplishment and avoid the need to look at others as a comparison.
At the age of middle-age most people begin to contemplate their mortality. There are people who feel regret over things they’ve performed or did not do. A person who can overcome the challenges of this stage will most likely enjoy a rewarding and prosperous retirement. However,if they don’t overcome these challenges in time,they may face a mid-life crisis that can cause serious mental health problems.