Tag Archives: hearing
ATTORNEY FEES IN DISABILITY CASES
WHAT DOES A SOCIAL SECURITY DISABILITY ATTORNEY COST? Attorney fees may be on your mind if you need to apply for benefits. If you have a severe medical condition that prevents you from working, you may be wondering if you can get benefits through the Social Security Disability Insurance (SSDI) or Supplemental Security Income… 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, applicants for Social Security Disability Benefits (SSD) or Supplemental Security Income (SSI) will go to a hearing before an Administrative Law Judge (ALJ). You need to know… Read More »
WORST MISTAKE PEOPLE MAKE AT DISABILITY HEARING
DON’T MAKE THIS BIG MISTAKE It can take years to finally get a hearing with a judge from the SSA. From the date of filing an application for benefits to the date of your hearing can be a wait, on average of two years. You would think that after waiting two years to go… Read More »
TIPS TO WIN FIBROMYALGIA DISABILITY BENEFITS
Fibromyalgia benefits are available from the SSA, if you cannot work for more than 12 months. If you suffer from Fibromyalgia and can’t work, you should apply for disability benefits. You can apply for SSD & SSI benefits on the Social Security website. For many years, the SSA did not recognize Fibromyalgia as an… Read More »
BORDERLINE PERSONALITY DISORDER – DISABILITY UNDER 12.08
BORDERLINE PERSONALITY DISORDER & DISABILITY BENEFITS Borderline Personality Disorder disability benefits are available if you cannot work for more than 12 months. To determine if you are eligible for benefits for this mental disorder, you need to look at SSA Listing 12.08. Borderline Personality Disorder is a mental condition with inflexible and maladaptive patterns… Read More »
WHAT QUESTIONS WILL THE JUDGE ASK AT MY DISABILITY HEARING?
Are you wondering what questions the disability judge will ask at your SSA hearing? Don’t worry, an SSA hearing is nothing like an impeachment hearing. You are the main witness, but you will not be grilled with questions like they do to witnesses on television. SSA hearings are informal. They are also private, which… Read More »
THREE REASONS TO HIRE A DISABILITY ATTORNEY TO WIN YOUR SSD CASE
There are more than three reasons to hire a disability attorney to represent you in your claim for SSD and SSI benefits. The reason most people don’t hire an attorney is they think it will cost too much money. What most people don’t know is that attorney fees in SSDI and SSI cases are… Read More »
MENTAL IMPAIRMENTS THE JUDGE MUST CONSIDER
HOW DOES THE JUDGE RATE MENTAL CONDITIONS AT DISABILITY HEARINGS? Mental Impairments are crucial to determining disability. At disability 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 files contain evidence from the claimant’s… Read More »
HOW TO BUILD MEDICAL RECORD EVIDENCE FOR YOUR DISABILITY CASE
Medical record evidence is the single most important thing in your SSD case. Building that medical evidence is the best thing you can do to help yourself win SSD and SSI benefits. At Cannon Disability Law, we can help you build your case. Unfortunately, many people who apply for SSDI and SSI benefits do… Read More »
COLLECT YOUR MEDICAL RECORDS FOR YOUR DISABILITY CASE
Collect your medical records, as they are crucial to winning SSD benefits. After you apply for benefits, you must collect your medical records for your disability case. You need to do this whether you apply for SSD, SSI, or both benefits. The reason you need to collect your records is that those records are… Read More »
THE IMPORTANCE OF MEDICAL RECORDS IN YOUR DISABILITY CASE
THE SSA NEEDS MEDICAL RECORDS AT EVERY LEVEL OF THE DISABILITY CASE It is paramount that you understand the importance of collecting all of your medical records when you apply for disability benefits. You can apply for disability benefits online at the Social Security’s website. When you first apply for benefits, you should include… 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 »
QUESTIONS ABOUT YOUR DISABILITY HEARING?
Are you wondering what questions the judge will ask at your disability hearing? Will you need to explain your impairments in court? Should you bring other witnesses to your disability hearing ? How long does the hearing take? Do you know at the end of the hearing if you have won disability benefits? These… Read More »
TRAUMATIC BRAIN INJURY AND DISABILITY BENEFITS – LISTING 12.02
The symptoms of a severe traumatic brain injury (TBI) can prevent you from working and qualify you for SSDI and SSI benefits. A TBI can occur from a head injury while playing sports. Also, combat veterans may suffer from a head injury from a bomb blast or IED. Learn more about veteran benefits here…. Read More »
THE BURDEN TO PROVE DISABILITY IS ON YOU
YOU HAVE THE BURDEN TO PROVE DISABILITY AT YOUR SSA HEARING Most people think it is easy to prove disability to the SSA. Those who apply for disability benefits think they will win benefits at their hearing, if they simply explain their disabling symptoms to the Judge. But the SSA system doesn’t work like… Read More »
HOW FREE MEDICAL RECORDS HELP YOU WIN DISABILITY BENEFITS
YOU MUST HAVE MEDICAL RECORDS TO WIN YOUR DISABILITY CASE If you are like most people who apply for disability benefits, you need free medical records in order to win your disability benefits. You need free records, because it usually costs money to get a copy of your records. And, you don’t have a… Read More »
APPEALS COUNCIL REVIEW
APPEALS COUNCIL REVIEW – SHOULD YOU APPEAL? If the ALJ sent you an Unfavorable Decision after your hearing, you should be asking yourself if it is time to seek the Appeals Council review. The Appeals Council is a group of individuals who review ALJ decisions from all over the nation. If you lost your… Read More »
WHAT WILL THE JUDGE ASK AT MY ALJ HEARING?
HIRE AN ATTORNEY TO HELP YOU PREPARE FOR YOUR ALJ HEARING Be prepared for your ALJ hearing. You should hire an attorney to help you be a good witness. You need to think about the answers to some basic questions before you arrive. The hearing is being held to determine not only if you… Read More »
TIPS ON WINNING YOUR NEVADA MENTAL HEALTH CASE
NEVADA MENTAL CASE SHOWS TREATING PHYSICIAN’S OPINION ARE DUE GREAT WEIGHT The Nevada case, Ryan v. Commissioner of Social Sec., 528 F.3d 1194 (9th Cir., 2008), is important for individuals who have a mental health disability. In the Ryan case, the ALJ disregarded the medical opinion of claimant’s Nevada treating mental health doctors. Ryan’s… Read More »
VOCATIONAL EXPERT TESTIMONY MUST BE BASED ON EVIDENCE
VOCATIONAL EXPERT TESTIMONY Vocational expert (VE) testimony requires evidence at a disability hearing. If you have appeared at a hearing before an SSA judge, a VE probably gave testimony during your hearing. Vocational experts are often called by the judge to testify about the number of jobs that are available to a person seeking… Read More »
CEREBRAL PALSY DENIAL
CEREBRAL PALSY & THE UNFAIR DENIAL Cerebral Palsy is a disability under SSA’s regulations, as long as the medical condition prevents you from working. Recently, an ALJ denied a claimant with Cerebral Palsy. He did this even though Social Security’s own doctors opined she could not work. The claimant filed for disability benefits stating… Read More »
CORONAVIRUS AND DISABILITY BENEFITS
UPDATE ON CORONAVIRUS AND DISABILITY BENEFITS The Coronavirus is not stopping your disability benefits from being paid. Nor, is it stopping the SSA from deciding disability cases. This is good news for those who are receiving disability benefits. It is also good news for those who are patiently waiting for the SSA to decide… Read More »
IF CLAIMANT DIES CAN FAMILY RECEIVE SSD BENEFITS?
What happens when a claimant dies and there is an SSD application pending? Can a family member still receive the claimant’s SSD benefits? Cannon Disability Law can help your family after the death of a loved one who filed an application for SSD benefits. Sadly, this happens because many people die waiting for the… Read More »
ARE YOU WORKING? IF SO, ARE YOU ELIGIBLE FOR DISABILITY BENEFITS?
If you are working, according to SSA’s definition of work, then you are not eligible for SSDI or SSI benefits. However, work has a very specific meaning under SSA’s rules. Work is defined by the SSA as “substantial gainful activity.”(SGA). A person who is earning more than a certain monthly amount (after impairment related work expenses)… Read More »
WHY IS A VOCATIONAL EXPERT COMING TO MY HEARING?
You received your hearing notice and it says there is a vocational expert coming to your hearing. Who is this vocational expert? Why are they coming to your hearing? These are important questions. Hopefully, you are starting to see how important it is to hire an attorney with experience to represent you at your… Read More »
HOW DOES THE SSA WEIGH MEDICAL EVIDENCE?
Your treating doctor told you that you have a disability that prevent you from working. Does this mean the Judge at the hearing will adopt what your doctor said and grant you disability benefits? You would think that your treating doctor’s opinion would matter a lot to the Judge in your case. However, SSA’s… Read More »
SSA USES SIX DOMAINS TO DESCRIBE CHILDHOOD DISABILITY
WHAT ARE THE SIX CHILDHOOD DISABILITY DOMAINS ? In order to win SSI or childhood disability benefits, you must be familiar with the six domains the SSA uses to describe childhood impairments. The six domains are listed below. If your child’s disability does not meet a listing, then you can turn to the domains… Read More »
WHY DOES SSA KEEP DENYING MY CASE?
WHY ISN’T THE SSA GRANTING YOUR CASE? At Cannon Disability Law, we hear a version of this question every day. People look at their neighbors and believe they should not be receiving disability benefits. They also believe they should get benefits and can’t understand why the SSA denied their case. If you are asking yourself… Read More »
What Evidence Does My Attorney Need To Win My Disability Case?
TOGETHER, THE ATTORNEY AND THE EVIDENCE, WINS THE DISABILITY CASE Your disability case is only as good as the evidence that you provide to your attorney. Many people believe an attorney can win a case simply by presenting the case to a Judge. Unfortunately, that is not true. When an attorney presents your case… Read More »
The 5 Day Rule – Evidence Submission in Disability Hearings
5 DAY EVIDENCE SUBMISSION RULE There is a new rule that requires all evidence be into the judge 5 days before a claimant’s hearing. Even though Social Security Disability hearings are administrative and the normal rules of evidence do not apply, there are still rules that everyone must follow. After May 1, 2017, the… Read More »