Disability hearings

June 21, 2008

  • Atlanta North Judge Gets Raw Deal from Social Security Administration

    Today's Atlanta Journal-Constitution printed a front page article entitled Ruling: Judge Slighted Duties.  The article reports the finding of an administrative law judge that Atlanta North ALJ Kelly Jennings can be removed from his position as an ALJ because he simultaneously served as an active duty lawyer for the Army. (…)

May 18, 2008

  • How I Prepare Clients to Testify at a Social Security Disability Hearing

    In my law practice, I generally schedule a pre-hearing meeting with my clients prior to any hearing before a Social Security Administrative Law Judge.  The purpose of this pre-hearing meeting is for me to spell out the issues that will be addressed at the hearing, to the question and answer process with my client and to answer any questions that my client may have about the hearing process.   The pre-hearing meeting also gives me a sense of how my client might testify so that I can adjust my questions accordingly. (…)

March 12, 2008

March 4, 2008

December 10, 2007

December 6, 2007

November 30, 2007

November 13, 2007

  • Can I Work After My ALJ Hearing But Before A Decision is Issued?

    An attorney named John wrote me with the following question.  The email address he used was not valid so I decided to answer his question on my blog.  The question:

    I have a client who would like to know if he can work while waiting for his SSDI benefits to be approved? (…)

September 6, 2007

  • Give Social Security Judges Clear Answers to Simple Questions

    Recently I tried a disability case that demonstrates the importance of testifying clearly about your activity limitations.  My case involved a gentleman with chronic  back pain.  During our pre-hearing meeting in my office two weeks prior to the hearing, I reviewed with my client the likely questions that would be asked by the judge at the hearing.  Among the questions that we discussed were questions about his capacity for walking, standing and sitting. (…)

August 10, 2007

August 9, 2007

  • Is Settlement Advance Funding Available to Social Security Disaiblity Claimants?

    With delays in Social Security disability cases reaching three years, it was inevitable that settlement advance funding would be adapted to include Social Security disability cases.  Yesterday, a company called AnyLawSuits.com purchased a site review from me through Reviewme.com, which is a marketplace that allows website owners to purchase blog reviews.  I thought that AnyLawSuits.com's concept is interesting because they say that any advance issued to a claimant would not have to be repaid if the claimant lost his disability case. (…)

May 9, 2007

March 27, 2007

  • Perceptive Judge Overcomes Poorly Prepared Vocational Witness

    Yesterday, I appeared with a client at a video hearing with a judge from West Virginia.  This was actually our second hearing - the first hearing was held in August, 2006.  My client applied for benefits in July, 2003, which means that his case has been pending over 3 1/2 years.  During that time, my client and his wife had to file bankruptcy and he has exhausted all of his pension and 401(k) money. 
    My client worked for a large airline for almost 20 years and back in 2001, he began experiencing severe pain (neuropathy) in his feet and legs.  He subsequently fell and broke his left hip and he currently needs a knee replacement.  He is also severely depressed and basically spends his days trying to find a comfortable position. (…)

March 6, 2007

February 12, 2007

January 31, 2007