Why Does It Take My Lawyer So Long to get My Social Security Hearing?


Is your lawyer holding up your Social Security Disability hearing?

I doubt it very much.

A Social Security Disability attorney has very little control over when your hearing goes before the Administrative Law Judge.

So much for those lawyers who advertise that they can get you a fast hearing date for your Disability case.

Each State is different and even regions within a State will differ for time frames.

Here is how it works in Central Illinois.

The initial application will be evaluated and denied or approved within 3 months.

The reconsideration level will take 3 months.

If a Request for Hearing is necessary, it will take approximately 9 months for the hearing to be scheduled.

Why does it take so long?

There are a large amount of applications and not enough workers to review them all.

There are only a certain amount of Administrative Law Judges in each hearing office.

Lawyers cannot request that your case be scheduled ahead of another case.

The Hearing office is in charge of setting the dates.

The Hearing office calls the attorney and tells them these are the hearing dates for your cases.

The Social Security lawyer cannot request a certain judge or to change judges.

The only thing a lawyer may do is request that a hearing be speeded up because of hardship.

Hardship means that you are being evicted or are in some dire circumstances.

Once again the Social Security hearing office makes the final call on these requests.

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

Should You Agree to Change Your Social Security Disability Date?


Some times at a Social Security Disability hearing the Administrative Law Judge will ask you if you are willing to amend your onset date.

This means that Administrative Law Judge is willing to find you disabled in exchange for coming up with different date your disability began.

Remember, two things have to happen in a hearing.

The first is you must you win.

The second is that the Judge must decide when you became disabled.

When you apply you tell Social Security the date you became unable to work.

What the Judge is telling you if she asks you to change your disability date is that she does not believe you were disabled as soon as you claimed.

Should you agree to change the onset date?

If the onset date is after your date of last insurance, then you face a tough question.

The date of last insurance means that you must be disabled before this date or you are not eligible for Social Security Disability benefits at all.

The only program you would possibly be eligible for is SSI.

SSI limits the household income and assets you can have so it is not a very attractive alternative.

The other drawback to changing your onset date is that it will reduce your back benefits because you will not have as many months that Social Security has failed to pay you.

What I tell a client is that the most important thing is to get your benefits started.

Do not focus on back benefits.

If you are approved for Social Security Disability you will get a monthly check and eventually Medicare.

There is an old saying: Pigs get fed; hogs get slaughtered.

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

Social Security Disability and Shoulder Injuries


Is is possible to win a Social Security disability case on the strength of a shoulder injury alone?

A shoulder injury without restrictions is most likely not enough.

In other words, pain alone is not enough.

A shoulder injury with weakness that affects lifting is necessary.

A shoulder injury with limited reaching at all levels is helpful.

A shoulder injury that affects handling and fingering is even more helpful.

Another factor is whether the injured shoulder is your dominant arm.

If you are under 50 years of age and you are limited to occasional use of the dominant arm and lifting of 10 pounds or less, then you will probably need some other illness or condition to win your Social Security Disability case.

The reason is that most vocational experts will testify that a person with these limitations can perform some type of sit down job.

If you are 50 years of age or older you have a good chance of winning your disability case.

The reason is that most vocational experts will limit you to sit down jobs because of the weight limit.

At 50 years of age Social Security rules make it easier to win even if you can perform some type of job.

If your past work was a sit down job, then you may have a problem if the job could be performed with occasional use of the dominant hand.

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

Work Comp and Photos


The usual evidence in a Illinois Workers’ Compensation hearing is testimony from the injured worker, medical records, medical bills, testimony from your doctor, and maybe a witness.

What about photographs or videos.

This evidence could come into play if there is a question about the accident, or what the job site looks like, or a dispute over the condition of the property.

You may need to have photographs of the work site layout, or the condition of the parking lot, or the path leading to the work site.

Sometimes videos will explain the repetitive nature of the work.

The problem is that the injured worker often does not have access to the plant or work site to make the videos and will not be given permission to enter the premises for this purpose.

The other purposes of a video or photo is to show the condition of the injury. Such as rashes, swelling or burns.

The other use of videos is to show surveillance of the injured worker.

Much surveillance is worthless.

However, videos of activities that the injured worker claims he cannot do, or are beyond his restrictions are often damaging.

Questions about your Work Comp injury? Feel free to contact Illinois Work Comp Lawyer Dirk May at 309-827-4371.

Social Security Disability and Pictures


The usual evidence in a Social Security Disability hearing is medical records, your testimony, possibly a witness, and maybe a statement from your doctor.

Other evidence is testimony from a vocational expert and at times a medical expert’s testimony.

What about photographs of your condition, or even videos of your condition?

Some Administrative Law Judges will ignore pictures or videos, MRI films, or xrays.

The rationale is they are not doctors and cannot make a medical determination, or judgment based on this type of evidence.

Other Social Security Judges are willing to look at the the pictures or videos and give them whatever weight they deem proper.

The bottom line is that it does not seem to hurt to provide photos or videos.

The type of case it may be helpful for is something such as extreme swelling of a leg, severe rashes, burn cases.

The other advantage of photos or videos is when Social Security calls in a medical expert to testify.

This will give the expert something else to study and testify regarding your condition and limitations.

Just make sure the quality of the images are good and are easy to determine the body part and in contrast to a normal extremity.

With the technology available today this should be doable.

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