At the close of a hearing, sometimes post-hearing argument is needed. Social Security’s rules allow for oral and/or written post-hearing argument, upon request. See HALLEX section I-2-6-76.
I prefer to submit a post-hearing brief, rather than make a statement at the close of the hearing. I think a brief has far more impact.…
I had a hearing for a client who has been unable to work due to the symptoms of long-haul COVID, sometimes also referred to a postviral fatigue syndrome (PVFS).
My main challenge as a Representative has been to make sure Social Security recognizes that long-haul COVID cases are not like other cases. An appropriate RFC…
I’m not the person I used to be.
Social Security disability applicants often tell me this when I meet with them to discuss their claims. At the hearing, I will ask them to explain to the judge why they are a different person today than when they were able to work. It is usually compelling…
When I prepare a client for a hearing, I always urge the client to provide specific examples of functional limitations…. better than blanket statements.
I have learned over the years that the more time I spend with the client, the better I am able to tease out these stories. I have long felt that they…
The first thing I check I receive a hearing notice for a Social Security disability claim, other than the date and time of the hearing, is the name of the administrative law judge (ALJ) who will hear the case and decide the claim. It probably shouldn’t matter which judge hears your case, since they all…
At the close of a hearing, sometimes post-hearing argument is needed. Social Security's rules allow for oral and/or written post-hearing argument, upon request. See HALLEX section I-2-6-76.
I prefer to submit a post-hearing brief, rather than make a statement at the close of the hearing. I think a brief has far more impact.…
I had a hearing recently with a terrific Social Security administrative law judge. The experience got me thinking about the characteristics you want in a judge. Here are a few:
Good listener – the purpose of a Social Security disability hearing is to take testimony from the claimant. You want a judge who is actively…
Each Spring, the SSA releases statistics from the previous fiscal year in an easy to understand format, the “waterfall” chart. The chart shows the percentage of claims approved and denied at the various levels of review.
The latest chart shows that allowed claims are down at every level of review, and Appeals Council remands are…
Many clients make first contact with me after receiving a denial letter for an initial application for Social Security disability benefits. It is crucial to appeal the denial of your benefits right away.
After an appeal, the next step is Reconsideration. At Reconsideration the claim goes back to DDS, but gets assigned to a…
I have a whole booklet about preparing your case for a Social Security disability hearing (you can download a pdf of the booklet for free). This post concerns preparing your testimony for the disability hearing.
You should expect to testify at your hearing, and that testimony can be critically important to your claim. One of…
