Hoglund Lawyer Guide to Social Security Disability Hearings

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HOGLUND, CHWIALKOWSKI & MROZIK, PLLC The Social Security Benefits Hearing A Client’s Legal Guide Andrew W. Kinney, Esq.

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Veteran Hoglund Lawyer Andrew Kinney describes what happens at a Social Security disability hearing. He explains who is at the hearing, what they do, when they do it, and how to prepare for your hearing. You can reach his web site at HoglundLaw.com

Transcript of Hoglund Lawyer Guide to Social Security Disability Hearings

Page 1: Hoglund Lawyer Guide to Social Security Disability Hearings

HOGLUND, CHWIALKOWSKI & MROZIK, PLLC

The Social Security Benefits Hearing

A Client’s Legal Guide

Andrew W. Kinney, Esq.

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Andrew W. Kinney, Esq. Hoglund Law Offices

What is this Legal Guide About? Applying for Social Se-curity disability bene-fits can be difficult for a number of reasons. A claim for Social Securi-ty benefits can take a few years. Denials have appeal deadlines. What may be most dif-ficult for our clients at Hoglund Law Offices is that while you wait for Social Security to process your claim, you don’t feel well and you need the income.

This legal guide helps our clients understand what to expect at the Social Security benefits hearing. It explains the appeal process, how federal disability law works, and how your Hoglund Law Offices attorneys argue for your benefits before the fed-eral judge at the hearing.

If you are not a current client, seek professional legal advice about your particular situation. If you need our help, you can call 1-800-850-7867.

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Table of Contents

What is this Legal Guide About? ....................................................................................... 2

About the Author ........................................................................................................................... 5

Your Social Security Hearing: The Basics ................................................................ 6

What is a Social Security benefits hearing?................................................................................ 6

What am I trying to prove at my Social Security benefits hearing?................................... 6

Are there different kinds of Social Security benefits hearings? ........................................... 7

Who is at my Social Security benefits hearing? ......................................................................... 7

What will happen at my hearing? ................................................................................................. 8

My Hearing Day ............................................................................................................................ 12

What should I bring? What should I wear? ............................................................................. 12

Fearing your hearing? .................................................................................................................... 12

Does my attorney need any legal forms for my hearing? ................................................... 13

What happens just before my hearing? .................................................................................... 13

What is my Social Security hearing file? .................................................................................. 14

What if I miss my hearing? ............................................................................................................ 14

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Legal Concepts for Hearings .............................................................................................. 16

What kinds of Social Security benefits are there for disabled people? ........................... 16

When am I first disabled? .............................................................................................................. 17

What is my “Filing Date”? .............................................................................................................. 17

Does my “Filing Date” matter? ..................................................................................................... 18

Does Social Security make findings like workers’ compensation? ................................... 18

What if I already receive disability from the VA? .................................................................. 18

What is the most important legal concept I should know before my hearing? ........... 19

Does age matter? .............................................................................................................................. 19

Can children under 18 receive Social Security benefits? ..................................................... 20

How are children under 18 evaluated for disability at a hearing? ................................. 20

Practical Considerations for Hearings ..................................................................... 21

What must my judge ask me at my Social Security hearing? ............................................ 21

What do I do after my hearing? ................................................................................................... 22

How will I know whether I won or lost my hearing? ............................................................ 23

Could I have a supplemental hearing? ...................................................................................... 23

What is the full Social Security benefits appeal process? ................................................... 23

How will my attorney prepare for my Social Security hearing? ....................................... 24

How do I get paid?............................................................................................................................ 25

How does my attorney get paid? ................................................................................................. 25

A final note about your Social Security hearing… ................................................................. 26

About Hoglund Law Offices ................................................................................................ 26

Index ...................................................................................................................................................... 27

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About the Author

Andrew W. Kinney, Esq., is an attorney at Hoglund, Chwialkows-ki & Mrozik, PLLC, a multi-state law firm. He has practiced Social Security benefits law since 1992. He is licensed in Minnesota, New York, Ohio, and Wisconsin. He is also a former Trustee of the National Organization of Social Security Claimants’ Repre-sentatives (NOSSCR). His offices can be reached at: (651) 628-4001 or too-free at 1-800-850-7867.

If these materials helped you, please e-mail them to others who may need them.

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Your Social Security Hearing: The Basics What is a Social Security benefits hearing? A hearing is an informal, audio-recorded meeting between you and a federal Administrative Law Judge (“ALJ”) in a private hearing room. It usually lasts no more than an hour. No formal rules of evidence apply. Your attorney is with you. There is no jury, no government attorney, and no public allowed.

At the hearing, the judge asks you about what medical problems keep you from working full-time. The judge asks you about your work history, medical problems, and day-to-day medical restrictions. The judge also asks experts at the hearing about your medical restrictions and about jobs that you, in theory, could do full-time. During the hearing, your attorney asks you and the experts questions, and makes legal arguments for you.

What am I trying to prove at my Social Secu-rity benefits hearing? You are trying to prove that your medical prob-lems keep you (or are expected to keep you) from working full-time for at least year or more. The judge will review your medical records, lis-ten to your testimony and legal arguments at your hearing, and write a decision that you and your attorney will receive in the mail about 2 to 4 months later.

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Are there different kinds of Social Security benefits hearings? Yes. This client legal guide is limited to hearings in which you are proving you can-not work in order to get monthly Social Security benefits. Different kinds of Social Security hearings also happen. One kind is about “overpayment” of past benefits. In these cases, Social Security is asking for repayment of benefits already paid out.

Another kind of hearing involves cutting off ongoing benefits. These are called “ces-sation” claims because Social Security asserts disability has stopped.

Who is at my Social Security benefits hearing? The judge will run your hearing. The judge’s Hearing Assistant brings you and your attorney into the hearing room and manages the audio recording of the hearing. Others at your hearing include a Vocational Expert and (sometimes) a Medical Expert.

• A Medical Expert (if present) is a medical doctor or psychologist paid by the

government to be at your hearing. The Medical Expert summarizes your medi-cal record for the judge and gives a medical opinion about your medical limita-tions.

• A Vocational Expert is a job expert paid by the government to be at your hear-

ing. The Vocational Expert answers questions about your work background and whether you can work despite your combined physical and/or mental li-mitations.

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What will happen at my hearing? Although hearings may vary, they gen-erally follow the order listed below. Keep in mind that everyone, including you and your attorney, is seated.

① The JUDGE swears in you and the experts.

② The JUDGE verifies through your attorney whether you understand how the hearing works.

If you are unrepresented, the judge will ask you if you wish to postpone your hearing to get representation. (For more information on this topic, click on our Hoglund Law Blog.)

③ The JUDGE verifies with your attorney whether there are any “objec-

tions” to your electronic medical record.

Your electronic medical record has “exhibits” that are listed under the “F” section of your attorney’s hearing disk. The computerized medical records also include date ranges.

Important note: If your attorney believes relevant medical records are either missing or not updated in your hearing file, your attorney will raise this issue at the beginning of the hearing. The judge may either:

• Postpone the hearing to get these records, or • Give your attorney a deadline to get these records after the hearing.

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④ The JUDGE may then ask your attorney his or her “theory” of your claim, an informal summary of how your medical problems preclude you from all relevant full-time jobs.

Your attorney’s experience comes into play at this time. When judges re-quest this, your attorney may highlight the main medical and legal issues that could allow a favorable decision.

Important note: Non-medical reasons for your inability to work – such as in-experience, lack of transportation, or the unavailability of particular kinds of job openings – are irrelevant.

⑤ The JUDGE asks you questions

about past work, medical symp-toms, and day-to-day activities.

Your attorney will ask you follow-up questions if necessary. For all questions, make sure to:

Listen to the questions. Tell the truth. Keep it simple.

Important note: You should not interrupt the judge or expert(s) when they are talking. Observers at your hearing such as family or friends should also avoid interrupting. Keep in mind that common sense and prudence at these informal proceedings goes a long way. Depending on the situation, your at-torney can make sure you understand what is going on.

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⑥ The JUDGE lets your attorney ask you questions.

Your attorney will ask you questions to clarify how your medical problems affect your ability to work full-time. This is called direct examination. Your attorney’s experience in Social Security hearings is very useful at this stage.

⑦ The JUDGE asks the Medical Expert (if present) about the medical evi-

dence.

The Medical Expert will list diagnoses in your medical records, and then ex-plain how your medical conditions limit your ability to work.

Important note: Your attorney has a right to “cross-examine” experts after the judge’s questions. Your attorney’s questions can make all the difference.

⑧ The JUDGE then lets your attorney ask the Medical

Expert questions. Your attorney usually does this to clarify how certain medical problems in the medical record affect your ability to work in ways the Medical Expert either missed or ignored. Your Hoglund Law Offices attorney is experienced in both medical issues and Social Secu-rity law. This is a key advantage when he or she ques-tions a medical expert.

Important note: You may hear your attorney cite the exhibit and page numbers of the medical evidence when cross-examining the medical expert. This allows your attorney to pinpoint medical records that support your claim.

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⑨ The JUDGE asks the Vocational Expert “hypothetical questions”.

In these questions, the judge will lay out certain combinations of medical restrictions premised on your medi-cal problems. The judge will ask if any of these groups of restrictions would “hypothetically” allow you to perform any types of jobs.

⑩ The JUDGE then lets your attorney

ask the Vocational Expert ques-tions.

Your attorney can cross-examine the Vocational Expert to clarify his or her previous answers to the judge. Your attorney may also offer his or her own “hypothetical questions” to the Vocational Expert, which adds medical restrictions that may further limit your ability to do the jobs the Vocational Expert brought up. Your Hoglund Law Offices attorney is experienced in raising relevant vocational limitations and addressing inconsistencies in vocational testimony.

⑪ Your attorney may ask to make a closing argument.

This is your attorney’s way to summarize how the law applies to your medi-cal evidence, eliminating the jobs mentioned by the Vocational Expert. If the judge at your hearing agrees with our attorney that you are disabled and eli-gible under the law to receive benefits, you will be approved.

Having a licensed attorney who knows federal statutes, regulations, rulings, and case law makes a difference. Hoglund Law Offices has only trained attor-neys at your hearing. If you are not a client of Hoglund Law Offices, and you want only a licensed attorney at your hearing, you should ask.

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My Hearing Day

What should I bring? What should I wear?

Your attorney will bring a copy of your hearing file that the judge already has to your hearing. You should dress nicely, but comfortably.

On the day of your hearing, feel free to bring new paper-work you believe

your attorney may not have. Your attorney will review it to determine if the judge may need it. Also, you should bring information about your medications as de-scribed in our letter we send to you before your hearing.

Fearing your hearing? Our clients are concerned about getting approved. This is understandable. But beyond this, our clients are also anxious about the unknown. How will I find the hearing location? Who will be there? You can reduce your hearing day anxiety by knowing more about your hearing day. Reading through this legal guide may help.

A few hundred of my clients each year are also anxious about having the “right” an-swers to questions at the hearing. I tell them to be themselves, since they are ex-plaining their lives in their own words. In my experience, they are less anxious when they realize that the hearing is not a test or medical examination, but simply a meeting about what their doctors have already verified.

As I mentioned previously, when answering questions:

Listen to the question. Tell the truth. Keep it simple.

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Another way some of our clients reduce anxiety before their hearings is to visit the hearing site before the hearing day. You should look at the address of your hearing on your hearing notice and verify that you understand where this is. You can also do more:

“[Y]ou can drive to the location on a weekday a few days ahead of time to verify where it will be held. (A week-day is important because some hear-ing locations may not be open on weekends.) Once there, look at the surroundings. Know which floor and area to go to. Also anticipate practical concerns such as parking. These steps lower stress on your hearing day….[H]earings are not always where you expect them — even knowing the address.”

(Excerpt from the author’s legal blog.) For more tips to reduce hearing day anxiety, click here.

Does my attorney need any legal forms for my hearing? Yes. Your attorney will verify that he or she has updated Social Security forms re-garding your representation and fee agreement.

What happens just before my hearing? Our practice is that you and your attorney should appear at the hearing location (at the address noted out in your mailed hearing notice) about 1 hour before the scheduled hearing time. Upon arrival at the hearing site, your attor-ney will get a copy of a computer disk that stores your most recently updated hearing file. Your attorney will re-view this to verify that all the updated evidence is in. Your attorney may also present new information to the judge’s Hearing Assistant at this time.

Depending on your judge, your Hoglund Law Offices attorney may go into the hearing room before your hearing to discuss important aspects of your claim.

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What is my Social Security hearing file? Your hearing file is Social Security’s electronic ver-sion of all the paperwork from your Social Security benefits claim. It is usually on a computer disk, al-though a paper file is possible. The judge and any experts appearing your hearing will also have a copy. Your hearing disk contains all the forms you completed, all notices you already received, and (most importantly) the medical records from your medical treatment.

Important note: Social Security will generally assume that you (through your attorney) have submitted updated medical records dating back from your hearing request. To plan for this, your attorney’s staff will contact you before your hearing to finalize updates of your records. So, it is very important to:

Always update our offices whenever your contact information changes. Keep track of all the places you receive medical care in a notebook.

These steps help avoid surprises about unknown records at the hearing.

What if I miss my hearing? You may ask the judge to postpone your first hearing if you are unable to make it for a good reason. Call your attorney’s office immediately whenever possible if this may happen. The judge will usually verify the reason you missed your hearing in a letter to you. If your hearing is postponed, a new hearing may take a few months (depending on your area of the country).

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Important note: It is unlikely you will be able to postpone a second hearing. Also, prepare for the possibility that your judge may not postpone your first hearing if you miss it. If you miss your first hearing, your attorney will explain what he or she will do next.

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Legal Concepts for Hearings

What kinds of Social Security benefits are there for disabled people? There are two basic kinds of Social Security benefits for disability:

• DIB = Disability Insurance Benefits. These benefits are available to any eligible worker who will be unable to work for at least 1 year or more due to a medical condition.

• SSI = Supplemental Security Income. These benefits are available to any person who financially qualifies and who will be unable to work for at least 1 year or more due to a medical condition.

If you are eligible for both these benefits, you have a “Concurrent Claim”. A concurrent claim is fairly common. DIB offsets SSI, and is generally a better benefit than SSI. You can speak to your attorney about what benefits you are eligible for.

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When am I first disabled? The first date you claimed you could not work due to a medical condition is called the “Alleged Onset of Disabili-ty”, or AOD. The judge usually decides either during or af-ter your hearing if the medical records support this date or a later date of disability. Of course, the judge may also con-clude you were never disabled. Your attorney will discuss how your evidence supports your AOD.

Important note: When a judge requests you to agree to a later “Alleged Onset of Disability”, your attorney will weigh your options and advise you. Ongoing disability payments may ultimately be more valuable than back payments of Social Security benefits. Keep in mind that Disability Insurance Benefits are not payable the first 5 full months after your “Onset Date of Disability”.

What is my “Filing Date”? Your “Filing Date” for your current claim is the date you:

(1) First contacted Social Security about bene-fits, followed soon after by a

(2) Completed application for Social Security benefits.

If you contacted Social Security but did not follow-through with an application, this is unlikely an official “filing date”. Our offices can help you apply for benefits if you haven’t already.

If you applied before but failed to appeal a prior claim, you likely have a “prior” claim. If you have a new claim, your attorney may request to reopen this prior claim under certain circumstances.

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Does my “Filing Date” matter? Yes. The Filing Date matters because Disability Insurance Benefits and Supplemen-tal Security Income pay out back pay differently. By the time you get to a hearing, you may have been disabled for a few years. This “back pay” is generally available to you if you are approved back in time, or retroactively, for benefits. Back pay va-ries based on the: (1) Date you are found disabled, and the (2) kind of benefits you are eligible for.

The kind of benefits you are eligible for determines how far back your maximum back pay can go, as explained below (partial months do not count):

• Disability Insurance Benefits is payable up to 1 year before the application date forward.

• Supplemental Security Income is payable from the application date forward.

So, if you believe you will be disabled from work for a year – apply for benefits.

Does Social Security make findings like workers’ compensation? No. Although both legal systems determine your medical problems, the legal questions are different. In Social Se-curity benefits claims, the question is whether you can work full-time despite your medical problems. All medi-cal conditions are considered – work-related or not. So-cial Security follows an “all-or-nothing” approach to disa-bility. With Social Security, you are either disabled or not. Unlike workers’ compensation, Social Security does not assign percentages of disability. Social Security does, however, factor in your workers’ compensation injuries when determining your overall functioning.

What if I already receive disability from the VA? Although evidence of approval by the Veterans Administration for disability is per-suasive, it generally is not legally controlling.

Service-connected and non-service connected VA disability benefits are different. If you receive service-connected VA benefits, you can generally receive both this and Social Security Disability benefits without any issues. If you receive non-service connected VA benefits, you may lose them if approved for Social Security benefits.

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Important note: If your VA benefits are non-service connected, you should find out whether possible Social Security benefits will offer you a higher payment. If they will, you generally should proceed. If they won’t, you may wish to with-draw your Social Security claim from consideration under certain circums-tances. If you have a question, talk to your attorney about this issue.

What is the most important legal concept I should know before my hearing? Your “Date Last Insured”. The two kinds of Social Se-curity benefits, Disability Insurance and Supplemental Security Income, have the same medical standards, but are different programs. Disability Insurance Benefits are based on the strength of your work history. If you worked enough for these benefits, you must prove dis-ability within (roughly) 5 years after your work ended. This is your “Date Last Insured”, and it is a crucial ele-ment of Disability Insurance Benefits claims only. By contrast, SSI claims have no “Date Last Insured.”

The “DLI” in Disability Insurance Benefits claims varies case-by-case. It is the last day of either March, June, September, or December of any particular year. As of the hearing day, your “DLI” is either in the past or the future. If it is in the past, your at-torney will likely argue that you were disabled before your DLI whenever your med-ical evidence supports it.

Does age matter? Yes. As a general rule, you may be disabled if you are at least 50 and you:

(1) Can only physically perform sit-down (sedentary) work, and (2) Cannot perform their past work (worked in the past 15 years). At age 55, the legal standards are easier.

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Important note: The judge or your attorney may request that you change (“amend”) your start date of disability (“alleged onset of disability”) to match later medical evidence if you are near age 50 or older. The framework for these age-related decisions is called the “medical-vocational guidelines”.

Can children under 18 receive Social Security benefits? Yes. Assuming household income is below certain standards, children can receive Supplemental Security Income if found disabled.

How are children under 18 evaluated for disability at a hearing? Children are evaluated based on their age-appropriate ability to:

(1) Learn, (2) Follow through with tasks, (3) Interact with others, (4) Get around physically, (5) Care for themselves, and (6) Function despite overall health issues.

These 6 categories above are called “Domains”. Two of these domains with a “marked” level of severity can allow benefits. Child listings also may apply.

Important note: Our attorneys plan to submit all available school records to judges in child cases, particularly Individualized Education Programs (“IEP’s”). These records reflect a child’s functioning. Forwarding copies IEP’s to us as soon as you get them helps your attorney track changes in your child’s claim.

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Practical Considerations for Hearings

What must my judge ask me at my Social Security hearing? Your judge at your Social Security benefits hearing generally must inquire about the following 5 legal steps:

1. Are you currently working? When were you last working? Working, in Social Security’s view, is defined by monthly gross earned income. The judge determines when you last worked under Social Security’s rules. The rules presume you were last working “substantial gainful activity” when you earned more than a set amount per month (such as $1,000 gross per month for 2010) for three months in a row or more. This increases annually.

Important note: Judges can only approve benefits if you have at least 1 conti-nuous year when you haven’t worked and earned above the annual “substan-tial gainful activity” amount for 3 or more months in a row. Otherwise, judges generally cannot consider the medical question of disability – regard-less of your reason for working. If you are back to work after more than 1 year of disability, you may be eligible for a “closed period”. Your attorney can guide you about these issues. See SSA.gov for more information about “SGA”.

2. What’s medically wrong? What affects your ability to work? Are your medi-

cal problems “severe”? Your combined medical problems must interfere with basic work-related activities for your judge to consider them.

3. Are any of your medical problems defined as “disabling” by Social Security? These defined disabilities, known as “Listings”, are disabilities so severe that they can automatically mean you are disabled. The judge at a hearing will decide if these “Listings” apply. If not, the judge will go to the next step of the evaluation process.

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Important note: Details about these physical and mental “listings” can be found at SSA.gov.

4. Can you do the work you did before? The judge must determine how all your medical problems may interfere with your ability to do the kind of work you performed in the last 15 years.

5. Can you do any other type of work you never did before? If you cannot do previous work, Social Security then considers whether you could do any oth-er (usually unskilled) types of work that exists. The judge will consider your age, education, past work experience, and skills that you gained in your past (“transferable skills”).

The judge will usually ask a Vocational Expert at the hearing about job de-mands of occupations as already defined by the Department of Labor (in what’s called the “Dictionary of Occupational Titles”). Your attorney will usually raise all your relevant limitations that he or she believes may estab-lish that you cannot work full-time. If at this step you cannot do any other kind of work full-time, your claim may be approved – barring any procedural issues.

What do I do after my hearing? After the hearing, your attorney will submit any records or legal arguments the judge requested at the hearing. The judge’s hearing decision will arrive by letter to you and your attorney after the hearing. Depending on your area of the country, you will generally get your hearing deci-sion between 2 to 4 months after your hearing. There is no deadline for these decisions.

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How will I know whether I won or lost my hearing? Your written hearing decision from the judge states that it is either:

• Fully favorable (a win), • Partially favorable (partial win), or • Unfavorable (a loss).

Hearing decisions also include language about appeal rights. If you withdrew your hearing request or otherwise did not pursue your hearing, you may receive a “Dis-missal”. Speak with your attorney about your options for appeal if necessary.

Important note: Pay special attention to all appeal deadlines. They are gener-ally 60 days from denial dates. Your attorney’s office should get copies of all denials when representing you, but this occasionally does not happen. If you receive a denial and your attorney’s office doesn’t contact you soon about your next step, call the office.

Could I have a supplemental hearing? Yes, but this is relatively rare. There are “follow-up” hearings if a previous hearing was postponed or if there are additional, special issues to address.

What is the full Social Security benefits appeal process? There are various stages to a Social Security benefits claim. Here is a summary in order:

(1) Application. The first step is for you to apply for benefits. Benefits applica-tions are taken by Social Security as long as you are not working under Social Security’s regulations.

(2) Reconsideration. This is the first appeal of an application denial.

(3) Hearing. This is the meeting with the Social Security Adminis-trative Law Judge to ask you questions and evaluate your medi-cal records.

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(4) Appeals Council. This is an appeal of an unfavorable hearing decision. It is a written appeal only. You request the Appeals Council to review any errors in how the judge reviewed the evidence in the hearing decision. The Appeals Council may reverse, remand, or refuse to review (deny) your appeal of the hearing decision. This is the final stage of the Social Security Administra-tion’s current administrative appeal process. The next appeal is to federal court.

(5) Federal District Court. This is a civil litigation process following a denial to review your claim by the Appeals Council. A non-attorney representative cannot represent you in federal court. When you hire an attorney for this step, your attorney files a complaint and generally writes a brief arguing why you should not have been denied Social Security benefits. Some people file their own complaints without an attorney. Federal court appeals follow strict deadlines. Federal court procedures apply. New contracts for repre-sentation by an attorney at the federal court level are usually required.

How will my attorney prepare for my Social Security hearing? Your attorney will review your medical records and confirm information in these records with you. Your attorney will keep notes about your medical records, and argue your case with the following procedural structure in mind:

• What date did you claim you were first dis-abled (“alleged onset date”)? Why?

• What kind of claim is it? A Disability Insurance

Benefits claim, a Supplemental Security Income Claim, or both (a “concurrent claim”)?

• Is there a deadline to prove disability for Disa-

bility Insurance Benefits (a “Date Last In-sured”)?

• Is age 50 or older relevant? If so, your attorney

will review whether the “grids” may apply.

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Favorable Decision

Award Letter Payment

How do I get paid? If you are approved for benefits, you will receive an “Award Letter” that explains your back pay and monthly benefits. Your monthly benefits usually begin after you have received your Award Letter. If you are entitled to back pay, you generally get it after your monthly benefits have started. We encourage our clients to arrange direct deposit of their Social Security benefits. Note that under certain circumstances, Social Security requires our clients to receive their benefits through a third party, called a “representative payee.”

Important note: Time frames for getting your benefit payments vary. As a gen-eral rule of thumb, ask your local Social Security office to contact Social Securi-ty’s Payment Center if you: Have no Award Letter over 3 months after your Favorable Decision, or Have no expected back-pay and monthly payments over 3 months after

your Award Letter.

How does my attorney get paid? Generally, attorneys are paid through a contingency fee contract. This means that we are paid only if you are approved. Social Security will hold back 25% of your back pay (up to a statutory maximum) and pay us our legal fees directly.

Fees are strictly regulated by the Social Security Administration. If you are not ap-proved, you cannot be charged any fees. Also, we generally do not charge any “out-of pocket” costs, such as payment for medical records. Other law firms and repre-sentatives (who are not trained attorneys) sometimes do. If you have questions about the legal training of all our attorneys, see our web site.

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oglundLaw.com

A final note about your Social Security hearing… Know that at your hearing, you are helping the judge understand your medical prob-lems. Most people know how they feel day-to-day. Your attorney can describe the kinds of questions the judge may ask. The judge can read your medical records, but you are there in person to give your side of the story and make your situation “real” for the judge.

About Hoglund Law Offices

If these materials helped you, please feel free to visit HoglundLaw.com for further information. Our offices can be reached at (651) 628-4001 or 1-800-850-7867.

© Copyright 2010, Andrew W. Kinney, Esq., Hoglund, Chwialkowski & Mrozik, PLLC. Reprint by written permission only.

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Index 5 month waiting period for

DIB, 17 5 step sequential

evaluation process, 21 Administrative Law Judge ("ALJ"), 2, 6, 23 Age, 19 Alleged Onset of Disability

("AOD"), 17 Amending your AOD, 17 Anxiety about hearing, 12 Appeal deadlines, 23 Appeals Council, 24 Application, 23 Back pay, 18 Cessation, 7 Children, 20 Closed period, 21 Closing argument, 11 Concurrent claim, 16 Cross-examination, 10 Date last insured ("DLI"), 19 Direct examination, 10 Disability Insurance Benefits ("DIB"), 16, 17, 18, 19, 24 Domains, 20 Federal District Court, 24 Filing date, 17 Government web site, 21 Hearing, 23 Hearing Assistant, 7 Hearing day tips, 13 Hearing decision, 22, 23, 24 Hearing disk, 14 Hearing dismissal, 23 Hearing file, 12 Hearing location, 12 Hoglund Law Blog, 8 HoglundLaw.com, 8 Hypothetical questions, 11 IEP’s, 20 Interrupting the judge or experts, 9 Kinds of Social Security benefits, 16 Listings, 22 Medical Expert, 7, 10 Medical-vocational guidelines, 20 Missing your hearing, 14

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Non-medical reasons for your inability to work, 9 Out-of pocket costs, 25 Overpayment, 7 Payment Center, 25 Post-hearing, 22 Postponing your hearing, 8, 15 Reconsideration, 23 Severe impairments, 21 Social Security appeal process, 23 Social Security forms, 13 Substantial gainful activity ("SGA"), 21 Supplemental hearing, 23 Supplemental Security Income ("SSI"), 16 Surprises at the hearing, 14 Tell the truth, 9 Theory of your claim, 9 Transferable skills, 22 Updated medical records, 14 VA disability benefits, 18 Vocational Expert, 7, 11, 22 Winning or losing my hearing, 23 Workers’ compensation, 18