I recently received the following question from a blog reader who asked a very interesting question: I just had my second hearing with administrative judge and wanted to add a very brief fact into testimony and was wondering if it is acceptable to write the judge directly. I do have a lawyer, but I [...]
Filed under Administrative Law Judges, Disability hearings by 
A federal circuit court of appeals has awarded a widow 30 years worth of past due benefits on her late husband’s claim. The case involved the claim of Dr. Richard Frusher, a Rhode Island resident who applied for benefits based on mental illness in 1975. Social Security denied his claim in 1975 and again in [...]
For as long as I have been in practice, I have advised my clients that if they received an unfavorable hearing decision, they could file an appeal with the Appeals Council and, at the same time, file a new claim for benefits. As of July 28, 2011, this “double filing” option is no longer available. [...]
Filed under Delays, Disability hearings by
My colleague (and fellow Tulane Law School alumni!) Gordon Gates, a Social Security disability lawyer who practices in Maine and New Hampshire, recently wrote me to let me know about a free e-book that he has generously made available to you on his website. Entitled “Ten Steps to Prepare for Your Social Security Disability Hearing,” [...]
Filed under Disability hearings, Internet disability resources by
One of the “dirty little secrets” well known to Social Security lawyers relates to the importance of which judge is assigned to hear your case. The tendencies of the judge assigned to your case is perhaps the most important factor as to whether you will win or lose. I have no doubt that I could [...]
Filed under Administrative Law Judges, Disability hearings by
Recently, I represented a claimant afflicted with cancer who clearly met Social Security’s definition of disability – she had a medically determinable condition that precluded substantial gainful activity and her condition had lasted 12 consecutive months and was longstanding in nature. The judge assigned to this case is a no-nonsense person who took no more [...]
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Attorney Joel Ban, a Utah lawyer who handles both Social Security disability and Veterans Disability claims recently posted a concise and informative article on his blog describing the similarities and differences between the two programs. Joel points out that a VA disability rating of 70% or higher can help your Social Security claim – this [...]
In my practice, I always try to schedule an in-office, in-person meeting with my client prior to his/her hearing. Usually, I try to meet a week or two before the actual hearing date to discuss the hearing procedures and to practice answering the questions that are likely going to be asked. I want my client [...]
As I noted this past November, I am starting to see more instances when a judge will want to change the “onset date” for my client’s disability. What does this mean and should you be concerned? Your onset date (called your Alleged Onset Date or AOD by Social Security) represents that date that you allege [...]
Filed under Administrative Law Judges, Disability hearings, Disability Lawyers, Earnings requirements by
In previous posts, I have discussed at length what actually happens at a Social Security Disability hearing. However, I have failed to discuss the topic of video hearings (i.e. teleconference hearings via satellite), which are occurring more and more frequently these days as part of the SSA’s overall plan to reduce the Social Security Disability [...]
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