What if You Lose Your Social Security Disability Case?

Social Security Disability cases take a long time to get to hearing so if you lose it is very disappointing.

However, there is still hope.

You have the option to appeal the case to the Appeals Council. The Council acts as an appellate court to review the Administrative Law Judge’s decision.

Beyond the Appeals Council you can appeal to Federal Court. Not many cases go this far because it is difficult to win at the Federal level, but depending on the facts of your case it may be possible.

The other option is to reapply.

The surprising thing is that once you reapply it seems as if a new set of eyes at Social Security looks at the case and there are a number of cases that are approved.

The bottom line is that you should not give up.

Keep trying because you never know what will happen.

The only other option is to try to return to work and see what you can do.

I have had clients who have returned to work and worked as long as they could and then reapplied.

The advantage to this approach is that it builds up your benefit payments, and once you can no longer work it shows a good faith attempt to Social Security.

Questions about your disability case? Feel free to contact Illinois Social Security Disability Attorney Dirk May at 309-827-4371.

At 79 and counting, Social Security faces some challenges of aging | The Salt Lake Tribune

Source: At 79 and counting, Social Security faces some challenges of aging | The Salt Lake Tribune

 

Click above to read.

The Social Security website is not easy to use for applying for or appealing disability benefit decisions. Make sure that you have an experienced Social Security lawyer help you.

 

Vocational Consultants and Your Disability Case

At almost every Social Security Disability hearing there is a vocational consultant present.

The vocational consultant is often very important in deciding whether or not you will receive disability benefits.

The Judge will usually ask you questions about your past work, your problems and limitations.

If you have an attorney, then the attorney will ask you questions.

After all questioning is completed, the Judge will ask the vocational consultant questions.

The Judge will ask the vocational consultant what are called hypothetical questions.

It will go something like this: assuming that a person can stand and walk 6 out of 8 hours of the day, sit 6 hours out of 8 hours of the day, lift 20 pounds occasionally, 10 pounds frequently, handle and finger frequently, with occasional stooping and kneeling, no stairs or climbing, with only simple work processes. Can the person perform past relevant work? Are there any other jobs the person can perform?

If the Vocational Consultant lists jobs in response, then you must be able to ask the consultant questions to eliminate those jobs or you will lose your case.

The reason is that if the Judge finds you can do any of your past work performed in the last 15 years, then Social Security rules provide that you are not disabled. If you are under 50 years of age and you can do any type of work, then you are not disabled. If you are over 50 years of age it gets more complicated.

The bottom line is that you must know the proper questions to ask the vocational consultant or you will lose.

It is important to have an experienced Social Security Disability lawyer on your side to help you ask these questions.

It does not cost you any money to have a lawyer on your side until you win your case and get paid money from Social Security.

It is certainly worth it to win your case and get Social Security Disability benefits paid to you for the rest of your life.

Feel free to contact Illinois Social Security Disability lawyer Dirk May at 309-827-4371.

Social Security Disability- Good Ideas

As mentioned here before, Social Security is making it harder and harder to win your disability case.

One way to improve your chances of winning is to make sure that you go to your doctor approximately every three months.

When you go to the doctor’s office make sure that you explain the problems you are having.

For instance, the numbness and pain in my hands is there almost all of the time.

Make sure that you explain to the doctor how it effects your daily activities.

Such as, the numbness and pain in my hands makes it hard to button my shirts and tie my shoes. It causes me to drop plates and glasses. I can only use the computer keyboard for 5 minutes or so.

Tell the doctor every time you go.

The purpose is to make sure that it shows up in the medical records.

What is contained in your medical records is very important to the Administrative Law Judge and if it matches up with your testimony it can make for a very strong and persuasive case.

Some Judges want to see your complaints repeated in the records and hear you testify at the hearing regarding your limitations.

Questions about your disability case? Feel free to contact Illinois Social Security Disability Attorney Dirk May with Williams and Swee at 309-827-4371.

Arthritis and Social Security Disability- Tips

There is no question that is becoming much harder to win your Social Security Disability case.

You must make sure that you do everything you can to present a strong case to the Administrative Law Judge.

Arthritis is devastating disease that severely limits your ability to function.

However, it is not enough to just testify that you have problems using your hands, or that you cannot stand or walk long periods because of your arthritis.

You have to approach your case from several different levels.

Make sure that you have witnesses who will write strong letters explaining what they notice about your ability to handle, finger and feel items, and what they observe regarding specific times for standing, walking and lifting. What do they notice about your need to elevate your feet and legs?

Make sure you have xrays or mri’s of your hands, knees, feet, back or hips.

Make sure that your doctor conducts a thorough exam of your hands, knees, feet, back, or hips.

Make sure that you tell your doctor about your limitations regarding walking, standing, and lifting.

Make sure that you tell your doctor about your symptoms such as swelling, pain, and inflammation.

If appropriate, ask your doctor if they will prescribe a brace, cane or walker to assist you with walking and standing.

Everything counts so do not forget to cover all the bases.

Questions about your disability case? Feel free to contact Illinois Social Security Disability Lawyer Dirk May with Williams and Swee at 309-827-4371.