"Ask a Lawyer" - How long will I have to wait for a Social Security hearing?

I am 56 years old and I worked in the mines for over 30 years. After three back surgeries in the past 10 years, I am unable to work. I applied for Social Security Disability and was denied. A hearing has been requested before an Administrative Law Judge. How long will I have to wait for a hearing? Glenn, Jasper

Many Social Security disability applicants get discouraged because of the lengthy process. On average, it takes 12 - 14 months after requesting a hearing for the hearing to be scheduled. With bills piling up, this time frame can be daunting. Unfortunately, nothing can be done to speed up this process.

During this wait, the most important aspect of your disability claim is medical treatment. It is crucial for you to see a doctor for every one of your problems in order for us to prove you are unable to work. Often, it is difficult to get proper treatment when you have no income and/or health insurance. Luckily, there are a facilities that provide low-cost or no-cost treatment for those in that situation. If you are not getting adequate treatment at the beginning of the disability process, it is important to contact these facilities and begin treatment as soon as possible.

We often see clients who have not been receiving proper treatment when they apply for Social Security Disability. In that case, it is critical they use the long wait for a hearing to engage in proper medical treatment. If they do get ample treatment before the hearing, the judge may have enough evidence to determine the severity of the impairments and make a fair decision.

On the reverse side, we also have had clients who see the waiting period for a hearing as something to discard until the hearing date is scheduled.  We usually have notice of the hearing date about one to three months before the hearing. Often, those clients scramble to obtain treatment in those last few months and end up being able to see a doctor only one or two times (if at all) before the hearing. That game plan will hurt your credibility and it does not give the judge a big picture of the effect of your impairments on your ability to work and the seriousness of your condition. A judge may even wonder if your impairments are really that severe if you have not had regular medical treatment. Lastly, if you have not been seeing a doctor regularly, the doctor likely may not complete a medical source statement, which is crucial to your claim.

Therefore, it is necessary to use the time wisely as you wait for your hearing. Try to do everything possible to help the judge fully understand your impairments. Give yourself a fair chance by seeing doctors regularly. The wait can be frustrating, but the wait can also help you create a winning Social Security disability case.

Nelson, Bryan and Jones represents clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.

"Ask a Lawyer" - Two SSD Questions

If I am approved for Social Security Disability, how much back pay will I get?   Frederick S., Jasper

Because the Social Security Administration takes so long to process disability claims, most people who are approved for disability are owed back payments. In addition, if you are approved for Social Security disability benefits (SSDI), you can get retroactive payments from the time you first became disabled, even if you applied for disability much later. Back pay and retroactive benefits can mean thousands of dollars for successful disability applicants.

If I am approved for Social Security Disability, will my children get benefits? Wendy M., Jasper

Under certain circumstances Social Security will provide benefits to your children if you become disabled. Social Security considers biological children, adopted children, or dependent stepchildren to be children of the disabled individual.

A child may receive benefits if they are unmarried and younger than 18 years old. Unmarried children who are 18 years old or older may receive benefits in two circumstances: (1) the child is under 19 years old and enrolled full time as a student in a secondary school; or (2) the child is disabled and the disability occurred before the child turned 22 years old.

If you have grandchildren or step-grandchildren that you are raising, they may be eligible to receive SSDI benefits the same as your child would. Grandchildren may receive benefits if:

·       Their biological parents are deceased or disabled

·       You provide regular support to the grandchild

·       The grandchildren have lived with you for the 12 months before they became eligible for SSDI or, if under 12 months old, they have lived with you for substantially their entire lives, and

·       You provide at last half of their financial support.

How much your child receives in benefits depends upon how much money you receive as a SSDI benefit. Generally, your child will receive up to 50% of your total SSDI benefit. There is a maximum amount that a family can receive based on one disabled individual’s benefits. The family limit is usually 150% - 180% of the total SSDI benefit awarded to the disabled individual. If your family would receive above that percentage, each individual receiving a benefit (with the exclusion of the disabled individual) will have their percentage of benefit lowered proportionally until the total benefit is below the percentage limit.

Generally, children will receive dependent SSDI benefits until they reach the age of 18 years old. If your child is a full-time student, the benefit will end when they graduate from or leave secondary school or two months after they turn 19, whichever happens first.

Nelson, Bryan and Jones represents clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.

Please send the questions to:
Ask the Attorney
P. O. Box 2309, Jasper, AL 35502

205-387-7777
or email to bob@nelsonbryanjones.com

No representation is made that the quality of legal services to be performed is greater than the quality legal services performed by other lawyers.

Ask a Lawyer- Two Social Security Questions

I filed for my Social Security Disability and was denied.  Is there anything else I can do?  
Johnny T., Dora

Johnny, most people are denied on their initial application unless they have a terminal disease or they are very close to regular retirement age. The initial application is actually only the beginning of what can be a long process in some cases.

The following steps are further appeals that can be taken, but most cases are resolved at the Administrative Hearing Level.

1.             Initial Claim

2.             Reconsideration (not required in the State of Alabama)

3.             Administrative Hearing

4.             Review by the Appeals Council

5.             Federal District Court

6.             Federal Court of Circuit Appeals

7.             United States Supreme Court

It is imperative to have an attorney well acquainted with the process.

Some cases can actually go the United States Supreme Court.

I’ve heard it takes forever to get a hearing for Social Security Disability. Does it really take that long to get a hearing?  

Curtis L., Parrish

Initial denials are, unfortunately, what most disability claimants can expect to receive after they file a claim for benefits with the Social Security Administration.  Statistically (depending, to some extent, on where a disability claimant lives), initial claims have a denial rate of approximately 65 percent.  Once initially denied, a hearing must be requested within 60 days of the date of the denial letter. The average time from the hearing request date until a hearing is held for cases in the Birmingham hearing office is 15 months.  There is some variation around the country.  Amazingly, the national average reached almost 20 months in mid-2008.

Ask a Lawyer - Work Comp and SSD

I was injured on the job about 18 months ago and have been receiving Worker’s Compensation. Unfortunately, I have now decided that I am just unable to work anymore and want to file for Social Security Disability. I was told by a fellow worker that if I received Worker’s Compensation that I could not draw Social Security Disability also without causing a reduction in my benefits. Can anything be done about it? Tommy J., Townley

Nothing causes more confusion than the interaction between Social Security Disability benefits and Worker’s Compensation and the so-called offset this may create. Generally, you can receive no more in combined Social Security disability and Worker’s Compensation than eighty percent (80%) of your highest wages earned in the last 5 years prior to your disabling injury.

An experienced attorney in this field, acting on your behalf, can legally draft a worker’s compensation settlement to avoid such an offset due to the receipt of the combined benefits. Computing your worker’s compensation over your lifetime, even if it is accepted all at one time, usually avoids such a reduction in benefits.