Tag Archives: ALJ SSI questions

What questions will the ALJ ask in my disability SSI / SSDI hearing?

What kind of questions will I be asked at my disability hearing?

ALJ questionsMany people are interested in knowing details about their disability hearing. For instance, how many and what kind of questions can you expect? Most hearings will be over in under an hour and some even less than that. As a result, you should not have to answer questions for an extended period of time. No matter how short, this hearing is many people’s first experience in such a formal setting and can be quite nerve-wracking. The following is some background information on the process and tips for how to effectively handle the hearing. Whether your hearing is in Dayton, Ohio, Dallas, Texas or Gary, Indiana, the questions asked by the judge will fall into four broad categories: 1) background information; 2) work history; 3) medical conditions and symptoms; and 4) activities of daily living.

As the name implies, background questions provide the judge general information about you. These questions can include your educational history, marital status, income, military service or even past criminal charges. Drug and alcohol use could also conceivably come up, though certainly not always.

The Administrative Law Judge (ALJ) might ask for additional information about your job including your responsibilities, the requirements of the job and how your condition has affected your job performance. This last item is the most important. Giving the judge specific examples of problems your condition has caused meeting performance standards, as well as attendance issues that result from your disability can help convince the judge that you are indeed prevented from working.

Although your medical records are on file the judge may want to ask some clarifying questions to make sure he has all the necessary information to make a proper decision. The judge will almost definitely ask you how your medical condition affects you. What type of pain do they cause you? How do you try to relieve the pain? Are your medications effective? How much can you lift and carry? How long can you stand, sit, and walk? This is your chance to explain how your condition affects your life and your work so think through these questions prior to going to the hearing.

When answering medical questions it is important to give clear answers that paint a picture of your level of impairment. If you suffer from back problems and the judge asks you for a description, use words like “burning,” “tingling,” “aching,” “shooting,” or “dull.” Also clearly describe the location of any pain. This will help the judge know decided whether the symptoms are consistent with the recognized symptoms of your condition.

You may also be asked about your activities of daily living. These include normal things like bathing and dressing yourself, cooking, cleaning, yard work, and grocery shopping. If you have children the judge will likely asking for details about how the children are cared for. This provides yet another good opportunity to showcase how your disability impacts your life. It is crucial to explain that even if you are able to help out around the house, your medical condition creates limitations.

With all the above-mentioned categories it’s important to be honest and avoid the temptation to exaggerate. Some may feel that it will help to make their symptoms sound worse than they actually are. This kind of dishonestly usually has the opposite effect. The judges are very experienced and hear many similar cases every year. They are experts at recognizing exaggerations and you do not want to lose credibility in their eyes.

Having an experienced disability attorney help prepare you for your hearing is a wise decision. If you think you may be entitled to Social Security Disability benefits and have questions, call Nicholson Disability at 1-800-596-1533 for a free consultation today.

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How much does SSI pay per month?

How much will your Supplemental Security Income (SSI)  checks pay each month? Well, it varies as some states award additional income to the base amounts listed below. That being said, here are the amounts for 2012. Keep in mind that these amounts change each year in conjunction with the cost of living adjustment (COLA).

Social Security Administration SSI payout amounts for 2012:

 

Calculation details
Recipient Unrounded annual amounts for— Monthly amounts for 2012
2011 2012 a
Eligible individual $8,095.32 $8,386.75 $698
Eligible couple 12,141.61 12,578.71 1,048
Essential person 4,056.93 4,202.98 350
The unrounded amounts for 2012 equal the unrounded amounts for 2011 increased by 3.6 percent.

 

Payment reduction
Remember, these payouts are lowered depending on your countable income each year. If you are thinking of applying for disability benefits click for a free consultation or call 1-800-596-1533.

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Commonly asked Social Security Disability / SSI questions.

There are often basic questions about Social Security Disability benefits, so we have decided to answer just a few of them here.  filingbenefitsclaim

Q 1. What does it cost to hire an attorney for my SSD / SSI claim?

A 1. Nothing. Our firm does all SSD cases on a contingency basis. We take a percentage or pre-determined amount (determined under Statutes) of the back-pay you are awarded. If you are not granted SSD benefits, then we do not collect anything.

Q 2. Is there a difference between SSD and SSI benefits?

A 2. Yes. SSI is usually reserved for those individuals with very low incomes, and/or those that have not worked long enough in order to earn SSD benefits.

Q 3. How do I prove SSD eligibility if I do not have the money to visit a doctor?

A 3. This is one of the hardest issues for SSD applicants. On the one hand they are not working because they are disabled, and therefore, they do not have health insurance that allows them to visit a doctor. On the other hand, it is harder to prove SSD eligibility without documentation from treating physicians. Those that believe that they are eligible for SSD benefits ought to see a doctor as much as they can in order to build the strongest case. However, if you previously worked and had health insurance which allowed you to visit a doctor, we can use those records to prove your case. Check with our office and we will help determine the best course of action you should take.

Q 4. How long does it take to start receiving my benefits?

A 4. This is the hardest part for many applicants to understand. The SS offices are very overworked and any given case can take 1-2 years. However, if you never start the process, you will never receive benefits. it is better to get benefits in 1-2 years than not at all. You need to come into our office ASAP so that we can begin the process on your behalf.

Q 5. Do I have to be completely disabled in order to receive SSD benefits? NO and YES. No, you do not have to be completely disabled in the ordinary sense of that word. Meaning, you do not have to be bed-ridden or need round-the-clock assistance. However, you need to be completely disabled as that term is used in the federal Statutes. The definition in the federal statutes is much more broad and the vast majority of the people who can do normal daily activities are eligible for SSD benefits.

We hope this answers some basic questions for now. We will post more common questions and answers in the near future.  Feel free to contact us through the online contact form or call our office at 937-432-9775 for an appointment to discuss your claim.

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Diversion and ILC in Ohio Felony Cases

ohio_diversion_programMost people think that when someone is indicted in Ohio for a felony that there are only two possible resolutions: (1) The person will plead or be found guilty, or (2) the person will be acquitted of the charges. That is not entirely true. Ohio has a couple of alternatives that an attorney could pursue on behalf of a felony criminal defendant. First, the attorney could file a motion for Intervention in Lieu of Conviction (“ILC”). In short, ILC basically allows a person who committed a crime due to their addiction to drugs or alcohol to receive treatment for their substance abuse problems instead of a conviction and prison time. But, ILC is not available for all felony defendants and a given defendant must first be found to qualify for ILC. Ask your attorney whether you qualify (ILC is not available for certain crimes and certain offenders). If the Court accepts the ILC it will then prescribe a particular treatment program for the defendant and suspend the pending criminal action. If the defendant does what the Court demands as far as the treatment goes, the Court will dismiss the charges and the defendant can avoid a felony conviction altogether.

The second possibility is something called “Diversion.” Diversion is similar to ILC in that if the defendant is accepted for diversion and completes the program, then ultimately he or she avoids being convicted of a felony. The defendant is “diverted” out of the criminal court system and given a chance to accomplish certain goals set by the program. If the defendant successfully completes the diversion program, then the Court will dismiss the charges. However, like ILC, only certain charges and certain types of criminal defendants are eligible for a diversion program.

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