Posts Tagged ‘disability claims’

What Medical Questions Are Asked At The Social Security Disability Hearing?

Saturday, June 22nd, 2013

At the Social Security disability hearing the claimant will be asked about their medical conditions, illnesses and injuries by the judge or their attorney, such as:

Describe your illness/injury/condition
Do you experience pain?
Where? How often? How severe?
Do you take medications to relieve pain?
Do you receive regular medical treatment?
What types of treatment?
Medications? Physical therapy? Counseling?
Any side effects from medications?
Have you ever been treated for a mental condition?
Depression? Anxiety? Schizophrenia?
Have you had any hospital ER visits?
Any hospitalizations?
Any surgeries?

When testifying it is most beneficial to give detailed information regarding your disabling medical conditions that prevent you from working so the Social Security disability judge can assess the severity of your medical conditions in determining whether to award you Social Security disability benefits.

By James W. Nuebel
Orlando Social Security Disability Attorney

What Work History Questions Are Asked At The Social Security Disability Hearing?

Friday, June 7th, 2013

At the Social Security disability hearing either the judge or your attorney will ask you the following general questions regarding your work history such as-

Are you currently working?
Full-time or part-time?
When was the date you last worked?
What type of jobs have you worked in past 15 years?
For your most recent job-
Name of employer
Job title
Dates of employment
Job duties
Why did you leave that employment?

Some Social Security judges like to have the claimant testify in great detail about their past relevant work for the past 15 years while other judges will rely more on what’s already in the claimant’s Social Security file which has information on past jobs, earnings history, past employers, job duties etc.
For a Social Security disability claim the claimant has to prove not only that they can not perform their past relevant work due to severe and disabling medical conditions but also have to prove that they can not perform any other jobs based on their age, education, medical conditions, restrictions and limitations.
Generally an older and less educated claimant has a better chance of being found disabled than a younger and betted educated claimant. Of course, the most important factor in a Social Security disablity claim is to have severe and disabling medical conditions that prevent you from doing any work.

By James W. Nuebel
Orlando Social Security Disability Attorney

What Background Questions Are Asked at the Social Security Disability Hearing?

Friday, June 7th, 2013

At the Social Security disability hearing either the judge or your attorney will ask the following general questions regarding your background and biographical information such as –

Your name?
Your date of birth?
Your marital status?
Does your spouse work?
Do you have minor children?
Highest grade completed in school?
Ever serve in the military?
Your current source of income?
Do you have health insurance or Medicaid?
What is your height and weight?
Do you have a valid driver’s license?

These may seem like rather innocuous straight forward questions but your answers may have unintended consequences. For example if you testified that you have three children under age six at home that you take care of during the day the Social Security judge may consider this evidence that you do not have severe impairments that prevent you from working and use this as a basis in denying your claim. Or if you testify that you have health insurance but your medical records indicate that you did not seek much medical treatment for your medical onditions the judge may rule that your medical conditions are not severe and disabling enough to prevent you from working and deny your Social Security disability claim. However, for example, if applicable and truthful, you further explained to the judge that your mother in law lives a block away and helps with the children everyday and that you only had health insurance coverage the last three months then this puts the evidence in a better light and would be more favorable for the claimant.

By James W. Nuebel
Orlando Social Security Disability Attorney

Why Hire A Lawyer for Your Social Security Disability Claim?

Saturday, May 4th, 2013

When speaking with potential Social Security disability clients on why and when should they hire an attorney I advise them that they can handle everything on their own but the Social Security Administration’s own statistics prove that claimants who are represented by an attorney win SSDI and SSI disability benefits more often than claimants who represent themselves. I advise claimants to file the intial application (the Social Security Administration will assist you with this) and then hire an attorney or you can wait to see if you are denied before hiring an attorney. When denied you have 60 days to file an appeal and at this point you should definitely hire an attorney. Do not try to go it all alone- hire an experienced Social Security disability attorney.

By James W. Nuebel
Orlando Social Security Disability Attorney