Tag Archives: ALJ
STEP FIVE: THE BURDEN OF PROOF SHIFTS TO THE SSA
SSA’S SEQUENTIAL EVALUATION IS A FIVE STEP PROCESS The SSA uses a five step review process to see if you qualify for SSDI and SSI benefits. Each step involves a question. The answer to the question helps the SSA know what to do with your claim. Depending on the answer, the SSA can deny… Read More »
WORST MISTAKE PEOPLE MAKE AT DISABILITY HEARING
DON’T MAKE THIS BIG MISTAKE Waiting for a hearing with a judge from the Social Security Administration can take years. From filing an application for SSD benefits to the date of your hearing can be a two year wait. You would think that such a long wait, most people would be eager to have… Read More »
ATTORNEY FEES IN DISABILITY CASES
Attorney fees may be on your mind if you need to apply for SSD benefits. The SSA controls the amount of the attorney fee in SSD cases. You only pay an attorney fee if you win your case and it comes out of your back benefit.
MENTAL ABILITIES YOU MUST HAVE TO PERFORM UNSKILLED WORK
Certain mental abilities are necessary to do any type of work, even work that does not require skills. Skills have a specific definition that the SSA uses when they are deciding if you can work. For example, the SSA states that a skill is knowledge of a work activity which requires the exercise of… Read More »
WHAT QUESTIONS WILL THE JUDGE ASK AT MY DISABILITY HEARING?
HOW TO PREPARE FOR THE SSA HEARING Are you wondering what questions the judge will ask at your SSA hearing? Don’t worry, an SSA hearing is nothing like a criminal hearing. You are the main witness. But, you will not be grilled with questions like they do to witnesses on television. Also, the judge… Read More »
PAST RELEVANT WORK: SSA’S NEW 5 YEAR RULE
For years, SSA’s definition of “past relevant work” has included all the jobs you have done in the last 15 years. But this week, the SSA made a significant change to their rules. On June 22, 2024, the SSA announced that now past relevant work is work done in the last 5 years, instead of the past 15 years. This is a welcome change that benefits the SSA and those who file for SSDI and SSI benefits.
WHY IS A VOCATIONAL EXPERT COMING TO MY HEARING?
A vocational expert is attending your hearing to provide testimony about your work history. They will also testify about any transferable skills you may have that you could use in other types of employment, despite your medical conditions. Most cases are won or lost based on the VE’s testimony at the hearing. That is why you need to hire an experienced SSD lawyer to question the VE and win your Social Security disability benefits.
TRICK QUESTIONS THE SSA JUDGE MIGHT ASK
WILL THE JUDGE ASK TRICK QUESTIONS DURING THE SSA HEARING? Trick questions are not the norm in Social Security hearings. So, you don’t really need to worry about it. Most judges are not out to confuse, upset, or undermine you during your SSD hearing. However, there are some questions that can cause problems for… Read More »
HOW TO WIN NEVADA SSD BENEFITS
THE SSD PROCESS IN NEVADA Nevada SSD benefits are available if you cannot work for 12 months or more due to your health. Most people who are suffering from a physical or mental condition and who can no longer work should apply for SSDI and SSI benefits. It is possible for you to have… Read More »
REOPEN YOUR PRIOR APPLICATION & GET ALL OF YOUR DISABILITY BENEFITS
CAN YOU REOPEN A PRIOR APPLICATION? Reopening a prior application is sometimes possible in SSDI cases. It is not easy to reopen a prior application. However, if you let an old application lapse and did not appeal it within the proper time frame, then you may be able to reopen it. There are limits… Read More »
MENTAL IMPAIRMENTS THE JUDGE MUST CONSIDER
HOW DOES THE JUDGE RATE MENTAL CONDITIONS AT SOCIAL SECURITY HEARINGS? Mental Impairments are crucial to whether you can be paid benefits. At Social Security hearings, the ALJ must weigh the medical evidence. By “weigh” the evidence, he or she must determine which evidence to give the most credence too. For example, most SSA… Read More »
YOUR HEARING IS SCHEDULED: WHAT NOW?
Your hearing may be one of the most important events that you experience in the Social Security process of winning SSDI and SSI benefits. In most cases, people who apply for Social Security Disability Benefits (SSD) or Supplemental Security Income (SSI) will go to a hearing before an Administrative Law Judge (ALJ). You need… Read More »
CARR V. SAUL – CAN YOU GET A NEW DISABILITY HEARING?
Can you get a new disability hearing? On April 22, 2021, the Supreme Court issued a ruling in Carr, et.al, v.. Saul, 593 U.S. _,(2021). This is an important case because it holds that some claimants have a right to a new hearing. You can obtain a new hearing if you have an unfavorable… Read More »
