Recent Blog Posts

Social Security Disability and Unemployment Benefits

Howard Bernstein — Sat, 04 Feb 2012 04:51:00 GMT

I am frequently asked by my clients if receiving unemployment benefits while they are applying for social security disability will affect the outcome of their disability application. The answer is not a simple one as there are many factors one must consider before offering an opinion.

For most social security disability lawyers in Philadelphia, it is not uncommon to have clients who were discharged from their employment due to the economic climate that currently exists in our country. Typically, for those who are let go by their employer, the first phone call is to the unemployment agency to find out what must be done to recieve unemployment benefits. After all, now that the client's income stream has disappeared, the primary concern becomes paying for living expenses. At the same time, many of those who are now unemployed are finding that because of a serious medical condition, it is unrealistic that they are going to be able to return to the labor force.

In order to receive unemployment benefits, you must confirm that you are actively looking for employment and that you are capable of working. This is in contrast to the statement made to the Social Security Administration when appling for disability benefits because in order to be eligible for Social Security Disability, you must confirm that you are not only no longer working, but you do not anticipate returning to work as a result of your medical condition.

When appearing before an Administrative Law Judge (ALJ) who in many social security disability cases, is the individual who will decide the outcome in your disability claim, the question of unemployment can and will most likely come up for discussion. I have seen the outcome go both ways in terms of the result for my clients as to their eligibility for disability benefits.

The Secret Administrative Law Judge (ALJ)

Howard Bernstein — Sat, 28 Jan 2012 05:09:00 GMT

Recently, the Social Security Administration has announced that they are changing their procedure whereby the claimant is informed of the name of the administrative law judge who will decide their case prior to the date of the social security disability hearing. The new procedure in place no longer informs the claimant of the name of the ALJ prior to the hearing. The only way to find out the name of the ALJ in your case is to appear at your scheduled hearing where the identity of the "secret judge" will be revealed.

After handling social security disability claims for over fifteen years, I have seen a lot of changes made by the Social Security Administration. Most of the changes have been for the better in term of improve technology which has addressed some of the problems that have caused major delays in obtaining a hearing date and alleviating some of the backlog. However, I can honestly say that this most recent change does not make a lot of sense to me.

I have spoken to many of my colleagues and like myself they are all scratching their head as to the need for this rule change. Some speculate that the anonymity of the ALJ is to prevent judge shopping by the claimant when they are assigned to the National Hearing Center in order to force SSA to hold an actual in person hearing with a different ALJ.

I find this hard to believe. The average time to get a an actual hearing date from the time of the initial social security disability application is usually anywhere from 18-24 months. Most of my clients have very little income and are in dire need of income and medicare/medicaid benefits that go along with their claim for SSD/SSI benefits. The last thing my clients are interested in doing after waiting for what seems like eternity to get a hearing date, is to postpone the hearing in an effort to manipulate the system in order to obtain a different ALJ.

From a logistical standpoint I feel that this new policy is a bad idea. One of the benefits you gain when one has been handling social security disability and supplemental security income claims for so many years is the familiarity you get from appearing before the same judges in a particular region. As an experienced practitioner you learn how to effectively deal with the ALJ on an individual basis as each judge conducts their hearing in a different manner. It greatly helps in terms of preparation for the particular ALJ which any good advocate must do prior to a hearing.

Social Security Disability Filings Increase by Twenty Percent

Howard Bernstein — Tue, 25 Oct 2011 01:47:00 GMT

October 2011 - The Social Security Administration has reported that applications for social security disability insurance have increased almost 20% this September as compared to September 2010. In fact, according to the SSA, the higher number of filings was more than even the past two years. With this increase, claimants applying for SSD should consider how to present the best case to the SSA so that they increase the chances of receiving benefits.

The first step for people with severe disabilities is to file an application. You can file one on your own or hire an attorney to help. Since the SSA is dealing with so many applications, hiring an advocate, even at the application stage can help in many ways. An experienced attorney can help you:

Better document your claim - An experienced social security attorney can, using the experience and knowledge of SSA policies, make sure that you include the most relevant information in your application.
Receive your benefits faster – As reported by the SSA Office of Inspector General, people with a representative helping them could save months of waiting for a decision.
Determine what impairments you have that the SSA recognizes – An experienced social security lawyer, will know what impairments and disabilities are recognized by the SSA and can help better document your inability to work.
Track your claim – An attorney at our firm will help make sure that your claim is moving through the "red tape" of the government so you don't have to.
Draft your appeal – If your application is denied, as the vast majority are, an experienced social security disability attorney will help gather appropriate medical evidence and put together a case. In some cases, the appeal may be decided "on the record" with no hearing.
Attend the Hearing - If there is a hearing, the attorney will accompany you, put on the evidence, and question any expert who may be present, such as a vocational expert.

The Importance of Your Medical Records

Howard Bernstein — Tue, 19 Apr 2011 04:43:00 GMT

Social Security Disability Attorney - Medical Records

When applying for social security disability benefits or supplemental security income benefits, you must show that your claim is substantiated by your medical evidence. When discussing medical evidence, the single most influential medical evidence is your medical records. An experienced social security lawyer, will assist you in gathering your medical records to help substantiate your claim for social security disability benefits.

Typically, a claim for social security disability will not be successful unless you can show that your disability is supported by longitudinal medical treatment whereby the objective medical evidence supports the allegations that are causing the disability. For example, a common medical condition that we see when an individual is applying for social security disability is back pain. It is not enough to just go to continually see your doctor and tell him that your back hurts. The social security administration is going to want objective medical evidence such as x-rays, an MRI, or nerve studies to show the source of the back pain.

They are also looking to see consistency in your treatment as well as what medical treatment has been prescribed for your condition. A social security disability attorney at The Bernstein Law Offices will assist you in obtaining all of your medical records. If after reviewing your medical records we feel that additional testing may be helpful, we can discuss this with you and help you formulate a strategy with your health care providers.

Another aspect of your social security disability claim will be your prescribed medication. The social security administration wants to see a list of your prescribed medications. Our firm will ask you to get us a pharmacy printout to show your medication history for the past twelve (12) months. Medication can tell a lot about an individuals condition. Many medications have known side effects and a pharmacy printout can be useful in demonstrating the consistency in which you take your medicine.

At The Bernstein Law Offices, our social security attorney will assist you in making sure that your medical records, drug prescription history, and any other relvant information are presented to the social security administration in support of your social security disability claim.

Please contact us now or CLICK HERE to get a free evaluation of your disability claim.

Social Security Disability Hearing - What happens

Howard Bernstein — Tue, 12 Apr 2011 00:36:00 GMT

For the most part, a large percentage of social security disability claims are denied during the initial application. Once your claim for social security disability is denied, your attorney must file a Request for Reconsideration or a Request for Hearing, depending upon where you reside.

It typically takes about 12 to 18 months to receive an actual hearing date once you apply for one. It is important to have an experienced social security lawyer who can accompany you to your social security disability hearing. During the hearing you will appear before an Administrative Law Judge (ALJ), who will take your testimony with regard to your medical condition and how it limits your ability to work.

You want to be prepared before you appear at this hearing. The social security disability hearing is your chance to tell your story in person. It makes a big difference when you are sitting before an ALJ explaining your day to day routine versus writing it down on an application or a Disability Report where it can be difficult to fully explain. Afterall, not every day is the same, and it can be bneficial to explain to a judge how you are affected by certain types of exertional activity such as walking, sitting, standing, bending, and stooping.

Many claimant who apply for social security disability benefits are taking prescribed medications to treat their symptoms. Many of these medications have side effects such as drowsiness, tiredness, dizziness, nausea, and other symptoms that also affect your ability to function.

It is important to be prepared by an experienced social security lawyer who can go over your testimony prior to a hearing and make sure you are not leaving out any relevant information.

A vocational expert (VE) and/or medical expert (ME) is also usually present at the social security disability hearing. The VE wil be asked to testify as to your prior work history and what if any skills you may have that are transferable to other types of work. The ALJ will also ask the VE to identify jobs in the national economy that are available based upon a person's age, work history, exertional level, and education. The medical expert will be asked to give an assessment of your medical records and make a determination if you meet a medical lisiting as well as offer any insight in to your medical history and diagnosis.

The social security disability hearing is most likely the most important aspect of your claim. it is important to have an exeperienced social security disability attorney to make sure that your rights are protected throughout the procedding.

Contact us at The Bernstein Law Offices to find out how we can assist you in preparing for your social security disability hearing. Also, you can CLICK HERE for an INSTANT EVALUATION of your claim by an experienced social security disability lawyer.

Social Security Lawyer Tips

Howard Bernstein — Wed, 06 Apr 2011 00:36:00 GMT

Benefits of Social Security Disability

If you are disabled and cannot work at any job in the national economy, applying for Social Security Disability (SSD) is advantageous for many reasons. If approved, it ensures a monthly income which it obviously crucial to you and your family if you cannot work. If you are approved for monthly Social Security Disability benefits, you are automatically qualified for Medicare health care benefits. The sooner you apply, the sooner you may receive your benefits.

What if my Social Security Disability benefits are denied?

It is highly likely that your initial application for Social Security Disability benefits will be denied. But DON'T GIVE UP. Most applications are denied, but many are then approved after a hearing before an Administrative Law Judge (ALJ) with an experienced Social Security Disability lawyer to accompany you. You should take the following steps after receiving a denial.

Pay attention to the 60-day Deadline to file any appeal

You have 60 days to file an appeal. There are no extensions. In some states, such as Pennsylvania, you file the appeal and the next step is a hearing with an Administrative Law Judge (ALJ). In other states, such as New Jersey, the appeal is a Request for Reconsideration. If that Request is denied, then you must file an appeal to get a hearing. Importantly, the 60 days starts from the date that appears at the top of your letter, not the date that you receive the letter. Do not delay in contacting an experienced Social Security Disability lawyer so that the appeal is timely filed.

Review the Contents of the Denial Letter

The denial letter contains a list of what medical records were considered by the Social Security Administration when your claim was decided. It is not uncommon for important medical records to be left out. Make sure you take note of the records that may be missing or incomplete and bring these to the attention of your lawyer. These records should be submitted to the Administrative Law Judge (ALJ) in conjunction with your appeal. In many cases, you will need to enlist your Doctor's assistance in making sure that all important records are provided. An experienced Social Security lawyer, such as those at The Bernstein Law Offices, can help you in this regard.

SSD and the Long Wait

Howard Bernstein — Sat, 02 Apr 2011 00:45:00 GMT

Social Security Disability Lawyer - Why the long wait?

Once you complete the application for social security disability (SSD) benefits, you will usually received a response from the Social Security Administration within four to six months depending upon where you live. Some states are faster than others.

Once you receive a response from your initial social security disability application, you must file either a Request for Reconsideration (in most staes), or a Request or Hearing (Prototype states only - i.e., Pennsylvania). By the time you get to a hearing, you will have most likely waited anywhere between 12 to 24 months to receive an actual hearing date before an Administrative Law Judge.

Understandably, the long wait is unbearable for most of our clients.  They do not have any income coming in each month because they are unemployed due to their medical conditions. The best thing to do during this waiting period is to prepare for your hearing before the ALJ. This will be your only chance to actually tell your story in your own words and support it with objective medical evidence.

The medical evidence is probably the single most important factor in determining yyour eligibility for SSD. While you are awaiting your hearing date, you and your attorney should be gathering all of your medical evidence that is relelvant to your medical condition.

In addition, you should utilize the wait period to obtain narrative reports from your treating physician(s). A narrative report is a report from your doctor detailing your medical condition. Some doctors who know that their patients are awaiting a social security disability hearing, will offer an opinion within the narrative report as to whether or not their patient is capable of going back to work.

Such information is extremely helpful for your social security case, and can make or break your case in the end. So I urge you to use your time wisely while you wait for your hearing and hekp your attorney gather all of your medical records and any treating physician opinion reports.

If you have any questions, please contact us for a free telephone consultation.

Welcome to our Social Security Disability Blog

Social Security Disability Attorney — Fri, 04 Feb 2011 18:54:00 GMT

We are pleased to announce the launch of our Social Security Disability Blog.