After your application for disability benefits has been denied by the Social Security Administration (typically twice, but it depends on your state) you will be provided the opportunity to appear before an administrative law judge. Your judge will not have been involved in issuing previous denials in your case. Prior to your hearing, the judge will have examined the medical records that you and your representative have submitted to the Social Security Administration.
The sudden death of a spouse can be emotionally and financially devastating.
Some people have health problems that result in "good days" and "bad days" in terms of their symptoms. This is often the case for individuals with gout, arthritis, fibromyalgia, different mental health impairments, and a number of other disabling conditions. These individuals may be capable of performing a range of work on good days but find themselves completely debilitated on their bad days. Even if your disabling symptoms are not constantly present or constantly severe, you may still be eligible to receive SSI or SSDI benefits if you experience flare-ups or bad days every month that prevent you from working on those days.
As you near the scheduled hearing date in your case, your attorney or case manager will ask you to arrive at the hearing location at least a half hour prior to your hearing. It is very important that you try your best to arrive early. You may have additional questions for your attorney or your attorney may wish to speak with you again before your hearing. It is also a good idea to give yourself some extra time in case of traffic issues or difficulty finding the hearing location.
There are a variety of medical providers who treat medical conditions. However, the Social Security Administration maintains a specific list of medical professionals they consider Acceptable Medical Sources. They include: licensed physicians (both Medical and Osteopathic Doctors), Licensed or Certified Psychologists, School Psychologists can opine on learning and intellectual disabilities, Licensed Optometrists, Licensed Podiatrists, Qualified Speech Language Pathologists, Licensed Physician Assistants for claims filed after March 27, 2017, Licensed Audiologists, and Licensed Advanced Practice Registered Nurses for claims filed after March 27, 2017 (there are 4 kinds of Advanced Nurse Practitioners: 1. Certified Nurse Midwife, 2. Nurse Practitioner, 3. Certified Registered Nurse Anesthetist, and 4. Clinical Nurse Specialists).
On August 9, 2007, Social Security Administration issued a rule authorizing some attorney advisors to review case files and issue fully favorable decisions "on the record" (OTR), where the evidence in its entirety warrants disability. The practice was originally passed as a temporary measure to provide more timely service to claimants waiting for a hearing before an administrative law judge. However, Social Security Administration has seen success with the program and continues to extend the rule beyond its expiration date. The current rule has been extended through August 3, 2018.
A visual disorder is an abnormality of the eye, the optic nerves, the optic tracts, or the brain that may reduce a person's ability to function. According to the National Federation of the Blind, approximately 10 million Americans are blind or visually impaired, and 75,000 people in the United States will become blind or visually impaired each year.
The unfortunate truth of the Social Security disability system is that which judge hears your case can have the biggest impact on whether your application for benefits is approved.
The Social Security Administration doesn't exist in a vacuum, and sometimes years old legal problems that claimants have forgotten to resolve can come back to bite them just before a disability hearing.
Depending on where you're located, it can take more than two years from the date of filing a disability application to get a hearing and decision from an administrative law judge.