Your Georgia Social Security disability hearing is the most important event in the history of your claim for Social Security or SSI disability benefits.  It is the best chance you have of winning.  Therefore, you want to be as well prepared as possible.

Medical Records

Your medical records must be complete and up-to-date.  All legal matters depend on evidence.  In your claim for Social Security or SSI disability benefits your medical records are your best evidence.  Your representative should review what records SSA has on file already, discuss this with you to make sure that no important records are missing, and then, send for any that are missing.

Tips for Your Testimony

Your representative should also discuss your testimony with you in detail.  Some important areas to note are:

• Just answer the question. You will be understandably nervous and people often have a tendency to just want to tell their whole story at once.  But, the legal system requires testimony to be developed in series of questions and answers.  Answer the questions succinctly, but completely.  If it is a yes or no question, then answer it that way, for example.
• If you are confused about the question, it is best to ask the judge to repeat or clarify the question. That is preferable to answering what you think the judge is asking you, which may not be accurate.  For example, the judge might be asking you about hobbies you have.  Make sure you understand whether the judge is asking about hobbies you are still able to do, or hobbies you once enjoyed, but are not able to do anymore, due to your illness or injury.
• Be aware of all the problems and limitations that have an impact on your ability to work. You may well have more limitations than you think. For example, you may not think it is a factor, but the side effects of your medications could be an additional impediment to being able to sustain full-time work.  So, if the judge is asking you to tell him or her why it is that you can’t work, have an answer ready that includes all of the problems.  You should also note that a learning disability or illiteracy is not something to be left out even though it is a life-long condition that you coped with before you developed other health problems.
• Be honest. Don’t underestimate or over-sell your disability.  It is often difficult for people to see themselves realistically.  People want to believe that they can still do the things they used to do or that they believe a person of their age should be doing, despite their disability and the fact they haven’t been able to do these things for years.

What to Wear

You should even choose carefully what you wear to your hearing.  You want to be respectful of the proceeding.  Yet, you don’t want to over-do it with fancy or expensive-looking hairstyles, clothing, jewelry, or even manicures.  Also, avoid hats or t-shirts with slogans, images, or logos that might give the impression that you are living a more active lifestyle than you actually are.  Some examples are deer hunting, fishing, motorcycles, or firearms.

Your Witness

You can bring a witness to your hearing.  But, the witness should be both someone who sees you regularly and also has something new to add.  The judge only has set aside about 45 minutes to an hour for your hearing and he or she may have asked a medical and/or a vocational expert to testify at your hearing, as well.  Make sure that you and your witness have an understanding that the witness needs to be brutally honest about the changes they’ve observed since your disability began.  You don’t want your witness to fear that you will be angry because her observations may not align with your own opinion about yourself and how you are doing.

Know the Time Frame

There may be time periods involved in your claim that are critical to address.  You may have to show that your disability began before a certain date.  Or, you may have recovered somewhat and your claim may be for a closed period of disability that is now past.  Make sure to discuss this with your representative because your testimony and that of your witness must relate to that time period.

At the Hearing

Usually, the judge starts by asking you a series of questions, and then, allows your representative to follow up.  Some of the questions may sound personal, but they are not intended to make you feel uncomfortable.  The judge is just trying to get an idea of what you are still able to do since you are probably not working.

If the judge has asked a vocational expert (VE) to testify at your hearing, it is important to note that this expert is not really talking about you and he or she is not talking to you.  The VE is there to talk to the judge about jobs – jobs that you have performed in the past, and other jobs that a person with your impairments and with your same age, education, and experience might still be able to perform.  The VE will be reciting all kinds of figures and codes that will make no sense to you.  This testimony is only for the judge and the representative.  Don’t be concerned if you don’t understand it.

At the end of your Georgia Social Security disability hearing the judge may ask you if there was anything that was not covered.  If the judge does not ask this, but yet, you believe something important was left out or you were not asked about it, ask the judge if you can add something before you go off the record.  Your hearing is being recorded to assist the judge in writing the decision or for purposes of an appeal, if necessary.

Most of the time the judge will not announce his or her decision, but instead will issue a decision in writing and will mail it to you.  This could take weeks or even months.  But, when you receive your decision, call your representative to discuss it and the next steps, whether you win or lose.

If you are thinking about applying for disability benefits or if your claim has been denied, call Adams & Associates Disability Inc. at 1-888-551-1190 to schedule an appointment with a knowledgeable Social Security disability representative.

 

The process of applying for Social Security disability in Rabun County can be long and daunting. An experienced Accredited Disability Representative (ADR) will make the process easier.

At our initial meeting, ADR Randy Adams will help you understand the ins and outs of your claim. You will be asked a series of questions that help determine whether or not your claim meets the requirements of the Social Security Administration (SSA). Don’t worry if you don’t know answers to all of the questions. They are just a framework to get your claim started. You should bring any documents that provide information to the questions you may be asked or that you feel may be helpful in your claim.

Some Questions We May Ask

In order to determine whether or not you qualify for Social Security disability insurance (SSDI) or SSI, we will ask you questions regarding your birth, residency, citizenship, marriage, finances, education, past work, medical history, and your disability. Some questions are specific to SSDI and others will only be asked if you are applying for SSI. However, you should be prepared to answer as many of these questions as possible.

Basic Questions about You

• What is your full name, address, date of birth, and social security number?
• If you are or have ever been married, what is the name, date of birth, and social security number of your spouse? When were you married?
• Are you a U.S citizen or a qualifying non-citizen alien?
• Have you ever lived or worked outside of the United States?
• Have you recently traveled outside of the United State for a period of 30 days or more?
• Have you ever applied for SSDI or SSI? If so, when and what was the outcome?

Questions about Your Finances

• What is the total value of your real and personal property, including houses, land, vehicles, and anything else of value that you or your spouse own?
• How much money do you have in your bank accounts, stocks, savings bonds, life insurance, retirement, and other financial accounts?
• Do you receive any other cash payments, such as retirement, pensions, Social Security benefits, etc.?
• Who pays for your housing, food, and other necessities?
• Have you given away any resources in the last 3 years?

Questions about Your Education and Work

• What is the highest level of education that you completed?
• Were you considered low performing or behaviorally challenged in school, or did you have any kind of individual education plan?
• Do you currently work? If not, when did you become too sick to work?
• Where have you worked for the past 15 years, and how much did you earn annually at those jobs?
• What kinds of work have you done throughout your lifetime? Did you need accommodations for these jobs?

Questions about Your Medical Conditions

• What medical conditions do you have, including mental and physical impairments?
• Describe your symptoms with as much detail as you can.
• Name the doctors you are currently seeing or have ever seen for your conditions.
• Do you have any mental health issues, such as depression or anxiety?
• Are you blind? If so, what is the vision acuity of your best eye with the use of corrective lenses?

What You Should Bring With You

• A photo ID that includes your date of birth, such as a driver’s license, state ID, or passport.
• Your Social Security card or non-citizen identification.
• Any SSDI/SSI applications you have submitted in the past as well as appeal and outcome information.
• Financial information, such as tax returns, bank accounts, stocks, savings bonds, land and home appraisals, vehicle details, personal property values, life insurance, and anything else that could be converted to cash.
• A list of all employers and places you’ve volunteered for at least the past 15 years, as well as descriptions of those jobs.
• A list of schools or training programs you have attended and any records or individual education plans you have in your possession. If you do not have records, we may request them for you.
• A list of your doctors, psychiatrists, counselors, chiropractors, and any other medical professionals who have treated you for your condition.
• A list of your medications and medical devices that you use.
• Any medical records or other evidence that you have that you feel supports your condition. If you do not have medical records, we will request them for you.

At the Interview

Our initial meeting will be a time to get to know one another. We will ask you questions and make copies of the documents you bring. We will explain the process of applying for SSDI/SSI and let you know what to expect going forward. An experienced ADR will explain the nuances of the Social Security system as they apply to your claim specifically. Feel free to ask any questions throughout the meeting or call us if you think of questions after you leave our office.

If you are considering applying for Social Security disability in Rabun County, call Adams & Associates Disability Inc. at 1-888-551-1190 to schedule your free case evaluation.

 

If you are applying for Social Security disability in Clayton or elsewhere in Georgia, you may be wondering what to expect.  The process of applying for Social Security Disability Insurance/Supplemental Security Income (SSDI/SSI) has many nuances and can be extremely complicated. An experienced Accredited Disability Representative (ADR) can explain the process to you and help you apply for SSDI/SSI as well as appeal if your claim is denied.

Step 1: Meeting with a Representative

The first step in the disability claims process is meeting with a representative who will gather information necessary to determine whether or not your claim meets the requirements of the Social Security Administration (SSA). You should be prepared to answer questions regarding your birth, residency, citizenship, marriage, finances, education, past work, medical history, and your disability. You should also bring any documents that provide information about those things.

Step 2: Submitting an Application

Once your representative gathers information from you, we will submit an application on your behalf. Applications for SSDI/SSI may be submitted online and supporting evidence is then mailed to the SSA.

More than two million applications for disability benefits are submitted each year. Of those, approximately 30% are denied for technical reasons, such as current income that exceeds allowances, lack of work credits, missing medical evidence, or lack of detailed information on the application. Because we do not want your application to be immediately denied due to technical reasons, we will ask you in-depth questions during our initial meeting.

Step 3: A Claims Examiner Is Assigned

About 70% of the SSDI/SSI applications submitted proceed to a 5-step evaluation process. During this step of the process, a claims examiner is assigned to your specific claim. The claims examiner evaluates all of the evidence that we submit and may request additional information. The examiner considers the following:

• Your current work status.
• The severity of your condition.
• Whether or not your impairment meets SSA criteria.
• Whether or not you can do work that you’ve previously done.
• Whether or not you can do any other kind of work.

More than 60% of applications are denied at this level. Of those, about 50% of claimants go on to appeal their claims. The other 10% give up. With the help of an experienced ADR, you will have the ability to confidently appeal a denial.

Step 4: Appeal Disability Claims Process

If your application is initially denied, within 60 days of the date of denial we will request reconsideration by the state disability determination services. At this step, a different disability examiner and medical team will be assigned to your claim. We may submit additional evidence for consideration. Medical treatment is essential throughout this process so that we can continuously update disability information with the SSA. Only 10% of people are approved through reconsideration. The other 90% are denied; however, only 18% of those denials continue with the appeal process.

Step 5: Administrative Hearing

Within 60 days, we will appeal a denial of the reconsideration. At this point, an Administrative Law Judge (ALJ) will review all documentary evidence submitted in the claim as well as witness testimony. An official hearing will be held where we may ask questions of the witness and present arguments to the ALJ. An ALJ will issue a determination, which may be appealed if denied.

Step 6: Appeals Council Review

If the ALJ denies your claim, you may appeal to an appeals council; however, the appeals council may refuse to hear the claim. If they accept the claim, the appeals council will review all evidence of record, any additional evidence submitted, and the ALJ’s decision. The council may also consult with physicians. They will uphold, change, or reverse the ALJ’s decision. The appeals council may make findings but send the claim back to the ALJ for another hearing. If your claim is dismissed or denied, you may appeal directly to federal court within 60 days.

Step 7: Federal Court Appeal

A claim that is denied may be appealed to federal court. The court will consider all evidence on record, additional evidence, and decisions made by lower level reviewers. Your lawyer may also submit a brief detailing exactly how your claim meets the requirements of an SSDI/SSI claim. The federal court approves more than 80% of the claims that it reviews. Thus, once you reach the federal court appeal level, you have a much better chance of approval.

Step 8: Receiving Benefits

Once approved, SSDI benefits are payable approximately 6 months after the date that SSA determines your disability to have begun. However, you may also be able to receive “back pay” for benefits lost prior to that waiting period. If your claim went through a lengthy appeal process, you will receive a large lump sum payment to “catch up” on benefits that you were owed throughout the process.

SSI claimants are eligible for payments beginning the first day of the month following the application date. SSI payments do not include a “back pay” period. Thus, it is essential that you apply for SSI right when you are eligible.

If you are applying for Social Security disability in Clayton or elsewhere in central Georgia, Adams & Associates can assist you. We will be with you at each step from the initial application through your hearing.  Call us at 1-888-551-1190 today.

 

MEDICAL TREATMENT IS CRUCIAL TO THE SUCCESS OF YOUR SOCIAL SECURITY DISABILITY CLAIM

Eligibility for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits often depends on the quality of a claimant’s medical evidence.  You must have a severe “medically determinable” physical or mental impairment that has lasted or is expected to last for at least one year or is expected to result in death. An impairment is medically determinable if it is adequately documented by evidence from medical professionals. Thus, it is essential that you obtain continuous medical treatment to show that you have an ongoing physical or mental impairment.

What Is a Physical or Mental Impairment?

A physical or mental impairment is one that results from anatomical, physiological, or psychological abnormalities.

A physical impairment is an anatomical or physiological disorder or condition affecting one or more body systems, such as the neurological, musculoskeletal, respiratory, cardiovascular, digestive, lymphatic, and endocrine systems.

A mental impairment is a psychological disorder such as mental retardation, emotional or mental illness, and organic brain syndrome.

How Can You Prove that You Have a Severe Medically Determinable Impairment?

The only way to prove that you have a severe medically determinable impairment is with acceptable medical treatment. Physical and mental impairments can be shown through signs (clinical observations by your doctor), symptoms (what you experience), and laboratory findings. The existence of symptoms alone cannot be the basis for an impairment. Medically acceptable clinical and laboratory diagnostic techniques performed by medical professionals are necessary.

A disability examiner deciding a claim cannot make medical determinations because he or she is not a trained medical professional. The examiner must see verifiable medical evidence that your impairments are severe.

Licensed physicians, psychiatrists, and psychologists are acceptable sources of information. Chiropractors, acupuncturists, massage therapists, and other service providers without a medical license do not carry any weight with a disability examiner.

Medical specialists will provide the most acceptable medical opinions of your impairment. For example, if you have an impairment related to your feet, a podiatrist is the best source of information.

Clinical and laboratory tests are the most effective type of medical information. Valid tests may include MRIs, CAT scans, X-rays, biopsies, blood screening, and mental exams performed by licensed psychiatrists or psychologists.

Physician’s notes from office visits and ER treatment are also acceptable; however, those notes must provide more information than just a description of your symptoms.

What Information Should Be Included in Medical Evidence?

If your medical provider is willing to support your SSDI/SSI claim, then you should ask him or her to be sure your records include the following information:

Your date of onset. The disability claims examiner will want to know when your symptoms first began and when they became disabling.

Your level of disability. Your physician can evaluate whether or not you are able to perform work-related activities. Your physician can fill out a form that details your residual functional capacity, which describes what you can and cannot do due to your impairment. If he or she is not familiar with the criteria considered by the SSA, you may consider finding a medical provider who specializes in SSDI/SSI claims.

Your prognosis. You must show that your condition has lasted or is expected to last at least one year, or is expected to result in death. Your medical provider should be able to assess whether your impairment is expected to improve, stay the same, or worsen over time.

Does the Age of Medical Evidence Matter?

A claims examiner will consider all medical evidence that you provide. When determining the onset of your disability, a claims examiner will review when your doctor first made a diagnosis and when your symptoms became disabling. However, it is essential that you have current medical treatment records as well. Do not make the mistake of stopping medical treatment after you have been diagnosed. If you prove that you were disabled five years ago, but have not sought treatment recently, a claims examiner has no acceptable medical treatment to consider your current level of disability and prognosis. In order to be eligible for SSDI/SSI currently, you must prove that you are currently disabled. Your statements, no matter how genuine, cannot be the sole basis of disability. Only a trained medical provider has the knowledge to provide necessary information in a disability claim.

What if You Have Not Obtained Recent Medical Treatment?

Because medical proof is at the core of your success in applying for SSDI/SSI benefits, it is essential that you obtain acceptable medical treatment. If you have not recently received medical care for your impairment, the SSA will not be able to make a decision about your current level of disability. In such an event, the SSA may ask you to complete a Consultative Exam by an appointed doctor. Such a medical provider will only help the SSA determine the extent of your disability and will not provide you with ongoing treatment and care. It is important to be as honest and compliant as possible with an SSA doctor because their opinions are highly influential in determining your case. However, the best thing for you to do is to see your own doctor so that you can get both treatment and medical evidence.  Evidence from your own doctor will likely be more thorough and helpful to your claim than a report from a consultative examiner who sees you briefly only once.

To find out about your eligibility for Social Security disability or SSI benefits, call Adams & Associates Disability Inc. at 1-888-551-1190.

 

Title: MEDICAL TREATMENT IS CRUCIAL TO THE SUCCESS OF YOUR CLAIM

 

Meta description: Role of medical evidence in proving your claim; medical evidence you need; acceptable sources of medical evidence; importance of recent treatment.

Keyword: Eligibility for Social Security Disability