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A Lowell Social Security Disability Attorney Explains the Hearing

By English Blogs, Uncategorized

A Lowell Social Security Disability Attorney Explains the Hearing

If you are filing a disability claim, a Lowell Social Security disability attorney can walk you through a typical hearing. Lowell Social Security disability attorney

You and your attorney will appear before an administrative law judge, or ALJ, who opens the record and then will confirm that your attorney represents you and state who is present. If you feel intimidated, keep in mind that a typical ALJ will try to make you feel at ease.

The ALJ will make an opening statement, which may or may not contain the following:

  • The nature of the hearing, and that the ALJ is not part of the office that denied the claim;
  • Explanation that everything will be recorded, and this constitutes as evidence;
  • How the hearing will be conducted;
  • Your claim history;
  • A statement of the issues; and
  • Descriptions of any exhibit documents.

Regarding how the hearing will be conducted, the ALJ may include any and all of the following information:

  • Only one person will testify at a time;
  • All witnesses will be examined under oath;
  • All witnesses may be cross-examined;
  • The strict evidence rules used in court will not apply here; and
  • A reasonable amount of time will be allowed to file briefs or present oral arguments.

Occasionally, the ALJ will ask attorneys to waive reading of the procedural history of your case as well as waiving a reading of the statement of issues. In most cases, the attorneys will agree to waiving these readings.

For more information on what to expect at your appearance in front of an administrative law judge, contact Lowell Social Security disability attorney Gerard A. Palma at 888-295-4955.

January 14, 2016
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The Definition of Disability from Your Lawrence Social Security Disability Attorney

By English Blogs, Uncategorized

The Definition of Disability from Your Lawrence Social Security Disability Attorney

Being found disabled in accordance with the Social Security Administration’s very specific definition can be confusing and difficult. Whether you are applying for SSDI or SSI, the definition of disability remains the same. Below, your Social Security disability attorney outlines the important points from the definition provided in 42 U.S.C § 423(d).

Your Lawrence Social Security Disability Attorney Explains Disability Requirements

Lawrence Social Security Disability AttorneyIn order to be found disabled, you must first meet certain requirements, the first of which is that you have a medically determinable impairment. This means that your mental or physical impairment must be supported by reliable and valid medical evidence. The impairment must have lasted or be expected to last a minimum of 12 months. You must not be able to do past relevant work or other work present in the current economy. Finally, your Lawrence Social Security disability lawyer will explain that SSA will assess your age, education, and work history to determine whether you will be found disabled.

Your Lawrence Social Security Disability Attorney on Drugs and Alcohol

If your impairment is a result of drug or alcohol addiction, you will not be considered disabled for the purposes of SSI or SSDI.

Seek Help from Your Lawrence Social Security Disability Attorney

An attorney can be extremely helpful in applying for disability, as he is aware of the precise requirements and how to meet them. Whether you are just beginning the application process or have been denied are unsure how to move forward, Lawrence Social Security disability lawyer Gerard A. Palma can help. Call today at 888-295-4955.

January 7, 2016
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A Lawrence Disability Lawyer Discusses The Hearing

By English Blogs

A Lawrence Disability Lawyer Discusses The Hearing

If your Social Security disability case reaches the hearing stage, there are things you should know. Your Lawrence disability attorney can provide you with valuable information concerning what to expect

Role of the Attorney Advisor

Lawrence Disability Lawyer

In between the time when you request a hearing and that hearing occurs, your case may be examined by an attorney adviser. This person will confer with your Lawrence disability lawyer (normally via telephone), examine the file, ask for more evidence and write the decision for the ALJ (Administrative Law Judge). A hearing will not be needed if the attorney advisor’s decision is positive. Should a hearing still be desired, however, it must be requested within 30 days subsequent to the date the attorney advisor issued the decision. Any review of an attorney adviser’s decision is made by the Appeals Council rather than an ALJ.

Your Appearance at the Hearing

You have the option of attending your hearing personally or having it conducted via video teleconferencing. Should you prefer the former, your Lawrence disability lawyer can advise you that the Administrative Law Judge must set a time and date that permits you to be physically present.

The Hearing Itself

Disability hearings are not confrontational situations. There may be statements from medical specialists or vocational experts and they also have the option of attending either in person or via teleconference. A recording of the hearing is made and all who testify are either sworn in or their testimony is given by affirmation. Evidence that may be presented at a hearing is not subject to the rules of evidence that apply in court.  Once the hearing is concluded the ALJ will render the decision in writing.

Don’t Face This Alone

Be sure to seek sound advice if you are facing this situation. Contact Gerard A. Palma, your Lawrence disability lawyer, by calling 888-295-4955 today.

December 25, 2015
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A Lawrence Disability Lawyer Defines “Medically Determinable”

By English Blogs

A Lawrence Disability Lawyer Defines “Medically Determinable”

The term “medically determinable impairment” is frequently used in Social Security disability cases. A Lawrence disability attorney provides some information that may be helpful.

The Social Security Administration’s Viewpoint

Lawrence Disability Attorney

When deciding whether or not an impairment is medically determinable, SSA looks at the matter in a straightforward manner. In the majority of cases, if the impairment can be properly diagnosed by a physician using tests that confirm the patient’s symptoms, then it will normally be found medically determinable. For a diagnosis of fibromyalgia to qualify under SSA guidelines, for instance, the diagnosis must rest on the number of tender points.

The Patient’s Account

Your Lawrence disability attorney can describe situations in which the symptoms outlined by the patient can serve as determining factors. Migraine headaches, if the symptoms are not explained by other causes, can be ruled medically determinable using the patient’s specific enumeration of them.

The Role of the Doctor

SSA considers the determination of disability to be a legal rather than a medical decision. Your Lawrence disability attorney can confirm that the physician is not expected to attempt to offer an opinion in that regard. Since the SSA reserves the determination of disability to itself, it is unlikely to consider such an opinion offered by a physician. The most pertinent information that the doctor can provide to the Social Security Administration is an evaluation of what the patient’s capabilities are.

For Assistance with Your Disability Claim

Disability claims can be confusing. In order to fully understand the specifics of the term “medically determinable impairment,” seek the services of an experienced Lawrence disability attorney. Call Gerard A. Palma at 888-295-4955 today.

December 18, 2015
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A Lowell Disability Lawyer on When Your Impairment Is Not in the Listing

By English Blogs

A Lowell Disability Lawyer on When Your Impairment Is Not in the Listing

Lowell Disability Lawyer

There are many stages to being classified as disabled under the guidelines set by the Social Security Administration (SSA). A Lowell disability lawyer can tell you that entering stage three of the process, a claimant must have medical conditions and symptoms that match similar findings outlined in the SSA’s Listing of Impairments.

The list provides examples of medical conditions and findings that are considered to constitute disability under the SSA’s guidelines. However, even if a claimant’s medical problem doesn’t match identically, an attorney can argue in four situations that there is a medical issue equal to something in the list.

The Four Situations

A Lowell disability attorney can tell you one way to show that an impairment is equivalent to one in the listing is when a claimant doesn’t have one essential finding in the list for a specific medical condition but has others.

Another way to meet the Listings is when a claimant has all the necessary findings but some of them may not be considered very serious. As Lowell disability lawyer can tell you, a third way is when a claimant’s medical condition may not be defined at all in the listing but is as serious as a comparable condition that is described in the listing. Finally, a claimant may have a combination of medical conditions that don’t match any in the listing but as a whole are comparable to the listing.

In the end, there is a way to determine whether one claimant with certain medical conditions not in the list is as disabled as another with ones that are an identical match to the listing. An administrative law judge can determine whether a claimant’s medical condition is comparable to the listing if a report from a medical expert, who is hired by the SSA, is presented.

Contact a Lowell Disability Attorney for Assistance

If you have filed a disability claim and have questions, contact Gerard A. Palma, a Lowell disability lawyer, at 888-295-4955.

December 11, 2015
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Lawrence Social Security Disability Attorney

Chronic Pain Explained By A Lawrence Social Security Disability Attorney

By English Blogs

Chronic Pain Explained By A Lawrence Social Security Disability Attorney

Lawrence Social Security Disability Attorney One common reason many Social Security disability claimants say they are unable to work is chronic pain. However, a Lawrence Social Security disability attorney will tell you that chronic pain is not really an impairment as much as it is a symptom of an underlying impairment, which means it is not sufficient to win a disability case.

The other unfortunate reality of chronic pain is that it usually cannot be measured by medical tests or instruments; the only thing that doctors have as a resource is the patient’s description of the pain. For this reason, an experienced disability attorney will tell you that your claims need to be credible in order for the Social Security Administration to believe them.

Questions to Ask About Your Situation

There are two questions relevant to disability when it comes to chronic pain:

1) Can you and your Lawrence Social Security disability attorney provide objective evidence for a “medically determinable impairment” that could be reasonably expected to cause your pain?
2) How severely does your pain prevent you from engaging in even basic work activities?

It is very important that your statements about your pain levels are consistent with the medical evidence and reports you provide. Your own statements about your pain are simply not sufficient to prove that you are sufficiently impaired. You and your attorney must provide objective medical evidence, such as laboratory findings or clinical techniques, that you have a physical or psychological impairment that is likely to be causing your pain.

Learn More From a Lawyer

For more information on what you need in order to prove a disability claim, talk to a Lawrence disability lawyer at Palma Law Offices, P.C. Call 888-295-4955 for help today.

August 18, 2015
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Lowell Social Security disability attorneys

Questions After Being Approved for Benefits

By English Blogs

Lowell Social Security disability attorneysAfter you receive notice that you have been approved for Social Security disability benefits, you may have several questions for your Lowell Social Security disability attorneys. Here are a few common questions that our Lowell Social Security disability attorneys field.

Do I have to do anything in particular to get my benefits started?

Lowell Social Security Disability attorneys can explain that you do not have to visit a Social Security office or complete any type of forms after being approved for benefits. Instead, the Social Security Administration will begin processing your benefits automatically.

How do I get benefits for my children?

If your children can receive benefits due to your approval, you will need to submit an application after your date of entitlement. This will not affect the processing of your own benefits.

How long does it take for me to start receiving my benefits?

A Lowell Social Security disability lawyer can explain that it usually takes a month or two for you to receive your back benefits and your monthly benefits. If SSI is involved in the case, it will likely take much longer. Some recipients may receive their benefits three months after they were approved while others may receive benefits sooner. If it takes longer than 90 days for benefits to be processed, you may need to contact the Social Security Administration to see if there is a problem. Your Lowell Social Security disability lawyer may contact the payment center on your behalf if you do not have benefits within 90 days.

Seeking Help from a Lawyer

For more answers regarding your Social Security disability benefits, contact Gerard A. Palma at 888-295-4955.

August 11, 2015
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Soc Sec benefits Abogado de Lowell Especialista en Incapacidad

How to Prepare an Educational and Employment History for a Social Security Disability Case

By English Blogs, Social Security Disability Library

Lowell social security disability attorneyHow to Prepare an Educational and Employment History for a Social Security Disability Case

A Lowell social security disability attorney may advise a claimant to prepare an educational history for the judge in a social security disability case. A claimant’s educational history should include any on-the-job training, formal vocational training, military training and highest level completed in school.

Employment History

In addition, a Lowell social security disability attorney may help a claimant to prepare an employment history. A claimant’s work history is of particular importance because it can help the judge to determine the level of the claimant’s disability.

The employment history should include a 15-year work history listing all jobs held by the claimant during that time. For each significant job, the claimant should provide a description of the duties performed, including time spent standing, sitting or walking. It is important to note whether any jobs required lifting and how much weight the claimant was required to lift. The judge may be especially interested in the reasons a claimant left each job, particularly the last job, and whether the claimant’s health caused any difficulties with job performance.

According to a Lowell social security disability lawyer, the judge will also want information regarding the claimant’s employment skills. If the claimant has performed semi-skilled or skilled work, the judge will want a detailed description of the claimant’s skills. It is important to distinguish between a social security disability hearing and a job interview. The judge will want accurate information to make an informed decision instead of the kind of embellishment a person may add to a resume.

One way to estimate the amount of skill required to perform a particular kind of work is to determine how long it takes to train a person for that position. In addition to a job description for each position held in the past 15 years, it is a good idea to include an estimate for how long a person would need to be trained to perform each job.

A lawyer may answer questions and help a claimant prepare an educational and employment history for a social security disability case. Gerard A. Palma is a Lowell social security disability attorney and can be reached at 888-295-4955.

 

August 4, 2015
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Abogado de Massachusetts Especialista en el Seguro Social

Post-testimony Procedures

By English Blogs, Social Security Disability Library

Lowell social security disability attorney (2)You can depend on a Lowell social security disability attorney to stand by your side and defend your rights throughout the entire trial process

Questioning Witnesses after Your Testimony

As soon as your testimony wraps up, your Lowell Social Security disability attorney will move to question witnesses you brought with you. Witnesses are essential in any case, and you’ll need to bring at least one witness to trial. Make sure to select an individual who will be able to corroborate your statements, tell the judge about the facts of your disabilities and how you are limited by them, and provide another view of your medical issues.

Don’t Make Statements after the Hearing

If the judge offers you a chance to make additional statements following the hearing, you should respectfully decline. If there’s more arguments to be made, your Lowell social security disability lawyer will take care of it. And, in most cases, your lawyer will be allowed to make a verbal closing statement or turn in a written version at the end of the hearing.

Bench Decisions

There’s a small chance that the judge in your case will issue a decision immediately after the hearing, otherwise known as a “bench decision.” If this happens in your case, the judge will still send you a brief written decision in the mail. Your lawyer will also receive a copy. A written decision for a bench decision will arrive only a few days after the hearing. If the judge issues a regular decision, you may have to wait for a while to receive it.

If you are looking for a qualified Lowell Social Security disability attorney to handle your SSD case, please contact the law offices of Gerard A. Palma at 1-888-295-4955. The initial consultation is free.

 

July 14, 2015
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Your Disability Hearing

By English Blogs

Your Disability Hearing

Lawrence Social Security disability lawyer

Individuals who appeal a denial of their Social Security disability application may receive notice to appear at a hearing. This is actually good news, for many applications are approved at this level. Your Lawrence Social Security disability lawyer will prepare you before your hearing date. There are some important points to be mindful of before and during your hearing.

Before Your Hearing

Your Lawrence Social Security disability attorney will advise you what time you should arrive, but be prepared to be at your hearing location around 30 minutes before it is scheduled to begin. Do not to worry about dressing up for your hearing; casual attire is just fine.

Arrival at the Hearing Office

Once you have arrived at the hearing office, your Lawrence Social Security disability lawyer will remind you not to talk about your case to him or anyone else. If you haven’t done so already, be sure to turn off your phone.

In the Hearing Room

Your Lawrence Social Security disability lawyer will tell you what to expect once you are in the hearing room. It will only be a small conference room with recording equipment set-up for your hearing. Since the hearing will be recorded, your Lawrence Social Security disability attorney will remind you to speak your answers rather than gesture or nod.

Help from Your Social Security Disability Lawyer

You should try not to worry as your disability hearing approaches. Your Lawrence Social Security disability lawyer will be sure you are ready. Contact Gerard A. Palma for an attorney you can count on. Call 888-295-4955 today to get started.

June 17, 2015
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