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VOCATIONAL EXPERT TESTIMONY MUST BE BASED ON EVIDENCE

VOCATIONAL EXPERT TESTIMONY Vocational expert (VE) testimony requires evidence at an ALJ hearing. If you have appeared at a hearing before an SSA judge, a VE probably gave testimony during your hearing. VEs are often called by the judge to testify about the number of jobs that are available to a person seeking benefits…. Read More »

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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 »

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APPEALS COUNCIL REVIEW

APPEALS COUNCIL REVIEW – SHOULD YOU APPEAL? Appeals Council review is the next step after an ALJ hearing. If the ALJ sent you an Unfavorable Decision after your hearing, you should be asking if it is time to seek the Appeals Council review. The Appeals Council is a group of individuals who review ALJ… Read More »

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WHY DOES SSA KEEP DENYING MY CASE?

WHY ISN’T THE SSA GRANTING YOUR BENEFITS? At Cannon Disability Law, we hear a version of this question every day. People look at their neighbors and believe they should not be getting paid SSDI and SSI benefits. People compare themselves to others and think their illness is worse. Therefore, they believe they should get benefits… Read More »

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WHAT IS A TRIAL WORK PERIOD?

YOU WON SSD BENEFITS. NOW YOU WANT TO TRY GOING BACK TO WORK. CAN YOU? Do you know what a “trial work period” is? Let’s talk about the typical scenario for a trial work period. You won SSDI benefits and one year has gone by. Perhaps you had surgery and are feeling better. Maybe… Read More »

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QUESTIONS ABOUT YOUR DISABILITY HEARING?

Are you wondering what questions the judge will ask at your disability hearing? Will you need to explain your medical symptoms in court? Should you bring other witnesses to your ALJ hearing ? How long does the hearing take? Do you know at the end of the hearing if you have won SSD benefits?… Read More »

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BANKRUPTCY COURT TO HEAR SSA OVERPAYMENT CASE

BANKRUPTCY COURT HAS JURISDICTION TO HEAR OVERPAYMENT CASE Overpayment cases are not normally heard by any judges outside of the Social Security Administration. However, the 5th Circuit, in Benjamin v. United States of America, (5th Circuit 07/26/2019), has ruled that the Bankruptcy Court has jurisdiction to hear a representative payee’s overpayment case. Benjamin, the plaintiff was… Read More »

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