Tag Archives: best answers to disability hearing questions
How Will Prison Affect My Disability Benefits?
When a person is facing incarceration there is surely a lot on their mind. If the person is receiving Social Security Disability benefits, one of the questions might be whether or not they can keep their disability benefits. The following information will help you better understand exactly what will happen to your Social Security Disability benefits if you are sent to jail.
The rules for suspending Social Security payments for people who are in jail are different based on which type of assistance you receive. The following is an explanation for how each system works:
• Supplemental Security Income
You can receive SSI payments until you have been in jail or prison for a full calendar month from the first of the month through the last day. For example, if you went to jail or prison on July 4, your SSI would continue during July and all of August. If, on the other hand, you went to jail prison on on July 1 then benefits would cease on August 1.
• Social Security Disability Insurance
SSDI rules are different from those for SSI. You will be permitted to receive SSDI benefits until you have been convicted of a criminal offense and spent 30 days in jail or prison. This means that your disability payments will stop on the 31st day you are incarcerated after a conviction.
• SSI and SSDI
If you receive both an SSI and an SSDI check each month, your SSDI payments will stop after 30 days of incarceration following conviction, but your SSI will continue until you have been in jail or prison for a full calendar month, as in the description for SSI above.
Once you are released from jail, it is possible to have your Social Security Disability benefits reinstated. Your benefits can begin the month after you have been released from jail as long as you still qualify for the benefits you had been receiving. If your condition has improved and you no longer qualify, your Social Security Disability benefits will not resume.
To have your benefits reinstated after your release from prison, you will need to visit your local Social Security office and notify them of your release. You will need to bring proof of your release from jail before they can begin payment.
The exception to this rule is if you are in prison for more than 12 months. If you are in prison for more than 12 months, your benefits will not automatically be reinstated after your release. Instead, you will need to re-apply for benefits and go through the lengthy application process all over again.
What kind of questions will I be asked at my disability hearing?
Many 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.
What kinds of medical records do you need for your disability claim? Before you can begin collecting disability benefits, the Social Security Administration requires that you prove that you are unable to work. The best evidence of this is, obviously, medical documentation. Medical evidence can take many different forms. These can include notes, mental health records, blood work, imaging studies, as well as a multitude of other reports. If you have timely, accurate, and sufficient medical records that come from your treating physician, you will greatly increase your chances of being approved for disability benefits. Each of these qualifiers – timely, accurate, and sufficient – has specific, SSA definitions.
Timely records are those that are relevant to your current medical condition. If you are attempting to claim disability for something that occurred last year, medical records from ten years ago would not be considered timely. Deciding what is timely falls within the purview of the treating physician. The nature of the ailment or condition is one factor in determining the timeliness of the records. If the condition is recurring or continuous, older records regarding the ailment or condition may be timely. If, on the other hand, the condition is one that resolves itself quickly or one that changes, older records may be less relevant and therefore not timely. The doctor knows best in these kinds of situations.
Accurate records are those that properly describe your condition according to acceptable medical sources. The Social Security Administration only accepts medical opinions from certain types of health care providers: (1) licensed physicians; (2) osteopaths; (3) optometrists; (4) podiatrists; and (5) speech pathologists. If the records or opinions do not come from one of these five kinds of health care providers, it may not, in many cases serve as acceptable medical source of evidence to the Social Security Administration. It is important to keep in mind that evidence from lay-persons, chiropractors and the like will be considered by the administration, however, these records will likely not carry as much weight as opinions from the aforementioned sources.
Finally, sufficient records are those that contain enough information for the disability judge to make a determination about your eligibility from those records alone. To be frank, the Administration wants to see that you have been treated for this condition prior to filing for disability. The treating physician’s notes and opinions carry the most weight with the Administration.
There are often basic questions about Social Security Disability benefits, so we have decided to answer just a few of them here.
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.
Social Security Disability Application Process Now Online
If your disabling condition makes it hard for you to drive or arrange transportation to your local Social Security office, there is some good news from the Social Security Administration. You’re now able to complete and submit your application for Social Security disability benefits from the privacy of your own home computer.
The amount of time the process takes to make a decision on your application can vary depending on a number of factors, such as:
• the nature of the disability;
• how quickly medical records are obtained from your doctors, hospitals, or other medical sources; and
• whether the SSA needs to send you for a medical examination in order to obtain evidence to support your claim.
There are several ways that the service can be sped up. In some cases, a new project known as the Compassionate Allowances initiative allows the SSA to fast-track cases involving people with very severe. Some 165 different types of disabilities qualify for this expedited decision, and that list continues to grow. To read more about the Compassionate Allowances initiative, visit www.socialsecurity.gov/compassionateallowances.
Another way to speed things up involves the Quick Disability Determinations initiative, which uses technology to identify claimants who have the most severe disabilities and then encourages the SSA to expedite those cases.
The SSA also gives claimants a list of things they can do to help speed the process along. The most important is that the more information an applicant provides in the beginning, the less time will be wasted with additional requests. Applicants should make sure to provide the following information initially:
• all medical records or documentation you have;
• the names, addresses, and phone numbers for any doctors, hospitals, medical facilities, treatment centers, or providers related to your disabling condition; and
• the names, addresses, and phone numbers for recent employers and the dates worked for each employer.
If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John Nicholson at 1-800-596-1533 for a free consultation today.