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Midwest Disability, P.A.'s Blog

The Role of Medical Experts at Disability Hearings

At every disability hearing, there's the claimant, their representative, the judge, a hearing reporter who records the proceedings, and a vocational expert who testifies whether the claimant can perform any jobs.

Taking Social Security Disability and your retirement

If you're collecting Social Security disability (SSD), you may have a question about whether or not it will affect your retirement or when you can retire. Many people choose to postpone retirement until they're 70 years old, because this maximizes their benefits, but can you still do that if you're already receiving disability benefits?

The good news is that you can. If you are collecting for a disability, that doesn't mean you can't postpone your retirement benefits until age 70. If you wait the extra four years from age 66, you will see an increase in how much you can receive, but that isn't necessarily going to be helpful if you have no income. Disability benefits stop at age 66. So, you'll have to go without benefits until you reach the age of 70. If you've saved for that, then you may be able to wait without a problem. If not, you may have to take your retirement at 66.

Get to know the Ticket to Work program

As with any benefits you receive from the government, there are generally set limits to how much you can earn. Some people believe that having limits in place prevents good people from going back to work because of their fear that they won't be able to support themselves quickly enough.

It's that fear that sparked the Ticket to Work program, which is something you can take advantage of even if you have Supplemental Security Income (SSI) or Social Security Disability (SSD). You deserve a chance to get back into the workforce, just as you deserve a safety net to catch you if you cannot make a living.

Veterans deserve respect after suffering from brain injuries

A TBI caused by war-related incidents can be devastating to veterans. In the short-term, they may result in a discharge from the military, but long-term, the injury may or may not heal fully.

A TBI can occur from any event impacting the skull ranging from explosions to falls or motor vehicle collisions. The TBI itself may range in severity from mild, which takes little time to recover, to an acute injury requiring surgery and long-term therapies.

I'm a young person-- am I eligible for disability benefits?

An unfortunate fact of life is that disabilities and serious health problems do not discriminate based on age. Many young adults suffer from debilitating conditions that seriously impact their ability to work or preclude them from being able to work. If you or someone you know fits into this category, they maybe be eligible for disability benefits.

What evidence will the judge consider in my case?

At the hearing stage of your case, you will have the opportunity to appear before an Administrative Law Judge. This judge only hears cases concerning claims for disability benefits and is an employee of the Social Security Administration. The judge will look at a number of different sources of evidence in considering your claim for benefits.

Video Teleconference Hearings

If Social Security Administration has denied your claim for disability benefits, you have a right to personal appearance before an administrative law judge to present evidence supporting your claim. The right to appear in person may be waived, though an administrative law judge may still schedule a hearing if he or she believes it would be helpful in deciding your case. Social Security Administration may also opt to conduct the hearing via video teleconferencing (VTC), though the claimant has the right to object. While a VTC hearing may be speedier and more convenient in some situations, there are compelling reasons to appear in person.

Social Security Disability is the safety net workers need

Social Security Disability (SSD) benefits are an important set of benefits for people who struggle with injuries or inherited illnesses that make it difficult or impossible to hold a job. There are many people who have worked for years for the benefit of America but then get hurt or suffer illnesses that make it hard for them to hold a typical job.

Social Security Disability is there to cover those who cannot support themselves due to disability. This is a benefit that workers earn, not one that taxpayers support fully. Workers who pay into Social Security can obtain Social Security Disability if their medical conditions meet the standards set by the Social Security Administration (SSA).

The Executive Order Excepting Administrative Law Judges

Last month, the Supreme Court in Lucia v. SEC (2018) held that Administrative Law Judges (ALJs) are "Officers of the United States" subject to the Appointments Clause. In a subsequent effort to mitigate concerns over the selection of ALJs and reduce the likelihood of litigation based on Appointments Clause challenges, the President signed Executive Order 13843, excepting ALJs from competitive service by directing the Office of Personnel Management (OPM) to amend Civil Service Rule VI. As a result, agency heads now have greater discretion and authority to appoint and hire ALJs.

MIDWEST DISABILITY office locations

Midwest Disability, P.A.
408 Northdale Boulevard Northwest
Coon Rapids, MN 55448
Toll Free: 888-351-0427
Fax:763-862-7521
Coon Rapids Law Office Map

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