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November 2020 Archives

Waiting on a Decision: Post Hearing Development

You just had your Social Security Disability hearing before an administrative law judge so now what? The two most frequently asked questions people want to know post hearing are the following: 1) Do I have to do anything thing else or provide any additional information? And 2) How long will it take to get my decision? Regarding question number one, sometimes there is need for post hearing development. Post hearing development could mean a variety of things including providing additional evidence, submitting updated representation forms, an order requiring you to attend a consultative examination, or a supplemental hearing has been set. Waiting on additional evidence is generally the most common form of post hearing development. This means the judge is waiting on additional medical records or other documents (i.e. paystubs) be submitted before they make their decision. Your attorney's office is often times responsible for ordering and submitting medical evidence; however, if the judge is requesting paystubs or other miscellaneous documents, it is important you get those to your attorney as soon as you can so those can be submitted into the record. Additionally, the judge may delay sending out the decision if they are waiting on updated representation forms. It is important there is a signed 1696 and fee agreement in the file. Thus, make sure you have signed those updated forms with your attorney representative's name on them. Thirdly, the judge could require you to attend a consultative examination post hearing. The consultative examination will have to be scheduled, and it is crucial you attend. Finally, in rare cases a supplemental hearing might be set to get additional testimony if necessary. Overall, it is important to work with your attorney prior to the hearing to make sure all necessary documents are submitted and post hearing to understand what post hearing development is necessary so you can receive a decision as quickly as possible.

What symptoms do seizure patients experience?

Countless Minnesota residents suffer from seizures. Many of these happen following a patient's diagnosis with medical conditions such as meningitis or a stroke or following a closed head injury. There are other instances in which it may be difficult for doctors to determine what led to a patient's seizure. The fact that there are multiple varieties of seizures makes it even more difficult for physicians to explain why these sudden medical events occur.

Early signs of lung cancer

Lung cancer is often detected when medical professionals run imaging tests and spot a mass in the lungs. Cancer of this type can make it hard and nearly impossible to breathe, which means it can qualify as a disability, even while you are getting treatment and even if you will eventually recover.

There are a wide range of potential disabilities

Disabilities can look vastly different from one person to the next. A common assumption is that a disabled person has some sort of injury or condition that limits mobility, like a spinal cord injury that means they're confined to a wheelchair. These issues do happen and they are serious, of course, but it's never wise to assume that all cases look even remotely the same.

How do you deal with nightmares about trauma?

As a veteran, you may experience nightmares upon returning home from combat. This is common when someone has experienced some sort of trauma; this does not necessarily mean physical trauma, but could also include the emotional and mental trauma of serving in combat, even when uninjured physically.

Unfavorable Decision: Understanding the Next Steps and Your Options

You have recently appeared before a judge and had a hearing regarding your Social Security Disability benefits; however, you received an unfavorable decision in the mail. While this is not what you were hoping for, there are options following an unfavorable decision. If you disagree with the hearing decision, there is the option to ask for a review by the Social Security Appeal's Counsel. This is called an appeal. At Midwest Disability we have attorneys who specifically review all unfavorable decisions to determine whether there are appealable issues. While most appeals are done by attorneys, claimants may also appeal the decision themselves (pro se). When a decision is appealed, the Appeals Council will review the decision. They may deny a request if they believe the hearing decision is correct. However, the Appeals Counsel may decide the case itself or return your case to an administrative law judge for another hearing. Remanding the case to an administrative law judge for further hearing is often what happens in most cases. If you choose not to appeal the hearing decision or the Appeals Counsel denies your appeal request, you also have the option of reapplying. This would mean you would go through the Social Security Disability application process again. It is important to note how a prior unfavorable decision may affect your claim though. Generally, you cannot allege your disability began before the date of the prior unfavorable decision. For example, if you have an unfavorable decision dated September 1, 2019, you cannot allege your disability began on or before September 1, 2019. Therefore, if you reapply for benefits, you will have to at least allege disability began September 2, 2019 or later. However, there are some small exceptions and nuisances to this rule including re-opening a case. Therefore, it is important to talk through all your options with an experienced attorney who can advise you which options best fit your specific case.

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In Minnesota, we handle Social Security Disability Insurance (SSDI) claims. Throughout the nation, we handle SSDI applications and appeals for people from Ohio to Kansas, North Dakota to Texas and everywhere in between.

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Coon Rapids, MN 55448

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