Tag Archive for: Kansas social security disability attorney

Social Security Benefit Denial Hearings

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The social security disability hearing stage can be extremely stressful, involving quite a bit of time, effort and frustration.  Specifically, there are several steps involved in the hearings process, and having an experienced SSDI benefits attorney by your side can help improve your chances of prevailing on your claim.  An overview of the steps before, during and after the SSDI benefits denial hearing is as follows:

The Pre-hearing Stage

At the pre-hearing stage, you should receive a notice of hearing about twenty to thirty days prior to the date your case is set to be heard.  Before the day of your hearing, it is strongly recommended that you submit to the Social Security Administration’s (“SSA”) Office of Adjudication and Review any new medical documentation that you may have, such as your physician’s most recent medical records.  The presiding Administrative Law Judge, or ALJ, will want to review these records, which should not be more than ninety days old.  Most ALJs prefer to examine new information before the hearing date so that they can prepare certain questions that they will ask you during the hearing.  In the event that you cannot provide new medical information prior to the day of your hearing, you can still bring it with you on the actual hearing date, which is certainly better than not submitting anything at all.

In addition, you or your attorney can also submit a brief in support of your position, which is a short document demonstrating why you should prevail on your SSDI benefits claim.  You should definitely submit your legal brief at least ten days before your hearing date so that the ALJ has sufficient time to review and consider your arguments.  In the event that you are seeking to establish that your medical condition falls under one or more of the SSA’s disability listings, (a list of impairments that the SSA considers as serious enough to entitle a claimant to receive SSDI benefits), you must provide sufficient medical documentation to substantiate your position.  It is highly recommended that you or your attorney refer to your medical records in support of this argument.  Overall, an SSDI benefits attorney can certainly assist you in drafting a brief, gathering the evidence necessary to support your claim, and also, to help you get the benefits that you deserve.

During Your Hearing

During your hearing, it is important to keep in mind that this is a legal proceeding, which requires you to wear appropriate clothing, be on time, be respectful to the ALJ and representatives from the SSA, and follow all of the ALJ’s directions during the entire process.  While the final decision in your case certainly depends upon the weight of your medical evidence, it is nonetheless helpful to make a good impression on the court.  As every experienced SSDI benefits attorney knows, doing these things can sometimes make a difference in your case.

While at the hearing, the ALJ will likely ask you certain questions based upon his or her review of your file, including the information that you provided before and/or during the proceeding.  Be sure to review your application and its supporting documentation prior to your hearing date so that you are prepared to answer questions posed by the SSA.  For instance, if you claim to suffer from depression but do not take any medication to treat this condition, you may be asked to clarify this discrepancy.  In general, it is highly recommended that you work with a seasoned SSDI benefits attorney, who can add significant value to your case by helping you know what to expect and to prepare you for every line of questioning.

In support of your SSDI claim, you can also ask individuals who are familiar with your injuries to serve as a witness during your hearing.  Typically, it is certainly appropriate to have one or two witnesses attest to the physical and/or metal difficulties that you face on a daily basis that stem from your medical condition.  Specifically, each witness should testify about your physical and/or metal abilities and any associated limitations.  An SSDI benefits attorney can be extremely helpful at this stage of your case, given that they know the right questions to ask of your witnesses regarding your alleged medical condition and any limitations that stem therefrom.  For instance, a roommate or spouse may be the perfect witness given that they are in the best position to attest, i.e., to your alleged inability to perform certain basic tasks, such as household chores.

During the hearing, a vocational expert (“VE”) may be called by the SSA to render an opinion regarding what jobs they, in their opinion, believe you can do.  Having an SSDI benefits attorney can certainly be useful in refuting the VE’s testimony and also, in asking the right questions.

Post-hearing

After your hearing, you still can ask the ALJ permission to submit a supplemental brief to clarify certain points raised during the proceeding.  In the event that the ALJ allows you to do so, you should submit the document as soon as possible and also, address only the questions that you were specifically allowed by the ALJ to clarify.   While you have the right to submit said brief on your own, having an attorney assist you with it is extremely helpful, given that they are specifically trained to draft these types of documents and to refine the arguments in support of your case.

In light of the above, we at the Sanger Law Office are highly experienced in handling SSDI benefit denial hearings.  We can also review your application for SSDI benefits prior to submission, assist you in submitting a request for reconsideration of a denial, or represent you in a formal appeal of your denial of SSDI benefits.  Ms. Sanger provides thorough analysis of her clients’ medical records and zealous advocacy to assist her clients in obtaining the benefits they need to care for themselves and their families. The Sanger Law Office is centrally located in Lawrence, KS and represents those denied social security disability benefits in Kansas and Missouri. If you have been denied SSDI disability benefits or just have questions about your rights to SSDI, you should contact Danielle Sanger today for a free consultation at 785-979-4353.  We look forward to helping you get the benefits that you deserve.

 

Appealing the Denial of Your SSDI Benefits Application

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Filing an application for SSDI benefits can be a rather frustrating process, especially to learn later on that you have been denied.  Don’t give up however, as you may still have a chance of obtaining these benefits.  While a large number of applications are initially denied, a good percentage of them are reversed when brought on appeal.   For instance, nearly 50% of all SSDI denial decisions are changed post-appeal.  Of course, if you are truly ineligible to receive SSDI, you should probably think twice before going through the appeals process. However, with the amount of applications that the Social Security Administration (“SSA”) receives on a monthly basis, they are undoubtedly going to make mistakes.  Therefore, it is important to consider that when you appeal your case, it is your chance to have the SSA or the courts take another look at your case and hopefully, to process and/or judge it in your favor.

How long do I have to file an appeal?

While you should definitely review all of the documentation that you receive from the SSA, you generally have sixty to sixty five days after you receive written notice (depending upon whether you received the letter via regular mail) that your SSDI application has been denied.

How long does the appeals process generally take?

Sometimes, an appeal can involve simply clarifying certain questions posed by the SSA regarding your initial application. In other cases however, you may be asked to provide a significant amount of evidence, including medical records, etc., to help substantiate your SSDI claim.  Overall, the amount of time that the appeals process takes depends upon why the SSA is denying your application and what the types of evidence that they need to validate your claim.

How do I appeal the denial of my SSDI claim and what information should I include?

In order to appeal the initial denial of your SSDI claim, you must complete a Form SSA-561-U2, which is to Request for Reconsideration of your claim.  In the event that you are appealing a denial of disability benefits, you will also need to fill out Form SSA-34410-BK (entitled “Disability Report – Appeal”).   If you are appealing a decision by the SSA to stop benefits that you have regularly been receiving, you will need to fill out Forms SSA-561-U2 and SSA-3441-BK.

Keep in mind that the aforementioned forms, all available at www.ssa.gov, ask for very specific information, such as your name, social security number, and also, the reasons why you feel that you were unjustly denied benefits.  You also have the option of providing additional information to help the SSA render a decision about your case, such as pertinent medical records or a letter from a treating physician or former employer regarding your alleged inability to work.

Should I hire an attorney to help me?

While an attorney is not required to apply for SSDI benefits or to challenge the SSA’s denial of your claim, it is highly recommended, nonetheless, that you consider working with one.  As evident from the above, the SSDI application and appeals process can be rather daunting, especially for those that are truly disabled and unable to work.  Only an attorney who knows the ins and outs of the SSDI benefit application and appeals process can truly give you the best chance of prevailing on your case.

Accordingly, we at the Sanger Law Office have the experience and skills necessary to review your application for SSDI benefits prior to submission, assist you in submitting a request for reconsideration of a denial, or represent you in a formal appeal of your denial of SSDI benefits. Ms. Sanger provides thorough analysis of her clients’ medical records and zealous advocacy to assist her clients in obtaining the benefits they need to care for themselves and their families. The Sanger Law Office is centrally located in Lawrence, KS and represents those denied social security disability benefits in Kansas and Missouri. If you have been denied SSDI disability benefits or just have questions about your rights to SSDI, you should contact Danielle Sanger today for a free consultation at 785-979-4353.  We look forward to helping you get the benefits that you deserve.

 

How an SSDI Benefits Attorney Can Help You Fight For Your Rights

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Going through the SSDI benefits process can be a rather difficult undertaking, especially for those that are truly disabled and unable to work.  Overall, dealing with the Social Security Administration (“SSA”), whether to initially apply for benefits or appeal the denial of your claim, can often be difficult, time consuming and require quite a bit of inquiry into your medical history, employment and other personal aspects of your life.  That is why you should highly consider working with an attorney experienced in representing people during each stage of the process.  While having an attorney does not guarantee a certain result, the knowledge,  experience  and value that they can add to your case can often mean getting you the benefits that you dese

As every SSDI attorney knows, the fastest way to get approved is through your initial application.   Specifically, they know the ins and outs of the application process, and also, what the SSA looks for in rendering a benefits eligibility decision.   They can further assist you at the application level, as follows:

  • Filling out your application so that it sufficiently establishes that you are truly incapable or working or, qualify under one of the SSA’s enumerated medical condition listings;
  • Gathering and reviewing evidence necessary to substantiate the medical disability that you claim to have;
  • Working with your treating physicians so that they properly document your condition and also, provide the information necessary for the SSA to approve your claim (i.e. the SSA often looks for specific medical terms when reviewing SSDI applications.  An SSDI attorney can apprise your doctors of the requisite terminology to help support your claim); and
  • Inform the SSA in the event that you are suffering from a terminal condition, which can potentially make you eligible for an expedited decision of your case.

In the event that your original application is denied, an attorney can also help you get an “on the record”, or OTR, decision in your case, which is the next quickest way to get benefits.  They can also:

  • Draft a brief, pursuant to the SSA’s specific set of requirements, that presents all arguments in support of why you should receive SSDI benefits;
  • Gather new evidence by working with your physicians to obtain additional information necessary to answer all of the SSA’s questions regarding your medical condition;
  • Put together a proposed decision and submit it to the presiding Administrative Law Judge, which ends up saving them the hassle of drafting a decision, which can sometimes take quite a bit of time to complete; and
  • Consult with the Attorney Adjudicator assigned to your case in order to discuss the merits of your benefits application and also, to negotiate when you can start receiving SSDI.

In the event that the SSA denies your OTR decision, your case with then be set for hearing.  If you happen to be financially strapped due to your disability, an SSDI attorney can draft a letter to the SSA indicating that you are in dire need of benefits.  This may result in having your hearing date expedited.  In any case however, an SSDI attorney can assist you at hearing level in the following ways:

  • Prepare you to anticipate the questions that the SSA may ask of you as well as to properly inform the agency as to the specifics of your medical condition and why you can’t work;
  • Assist you in choosing and preparing witnesses to help support your claim; and
  • Make sure that you know what to expect every step of the way.

Whatever the situation, we at the Sanger Law Office can review your application for SSDI benefits prior to submission, assist you in submitting a request for reconsideration of a denial, or represent you in a formal appeal of your denial of SSDI benefits. Ms. Sanger provides thorough analysis of her clients’ medical records and zealous advocacy to assist her clients in obtaining the benefits they need to care for themselves and their families.  The Sanger Law Office is centrally located in Lawrence, KS and represents those denied social security disability benefits in Kansas and Missouri. If you have been denied SSDI disability benefits or have some questions about your rights to receive SSDI, you should contact Danielle Sanger today for a free consultation at 785-979-4353.  The Sanger Law Office looks forward to helping you get the benefits that you so rightfully deserve.