Springfield Injury Law Blog : Springfield Injury Lawyer & Attorney : Jason Krebs Law Firm : Branson, Tri-Lakes, Missouri: car accident, personal injury, food poisoning, medical malpractice, wrongful death

 1.  Not filing an appeal

You only have sixty days to appeal a Social Security Disability denial in Missouri. You have only sixty days to file for reconsideration in Arkansas and Oklahoma. When your reconsideration is denied you only have sixty days to file your appeal as well.

If you miss any of these sixty day deadlines, then you have to file a new initial claim and start the process all over. This can cost you money in a lot of ways, but most importantly you can wait around until you are no longer insured under the disability program leaving you with only having SSI available to you.

SSI is typically a smaller monthly check, Medicaid as opposed to Medicare and in addition to meeting the disability requirements, you must also meet the income and asset guidelines for SSI eligibility.

2. Waiting to file an initial application.

Many people that call my office think that they must be out of work for a year before they can apply for benefits; this is incorrect.

Once a claimant stops working due to health issues and they expect to be out of work for a year or longer they should apply.  It is always best to file an initial application as soon as possible.

3.  Telling their doctor they are doing better when they are not.

A patient with a condition that as pain that changes daily sees the doctor and tells them everything is fine or they have improved, because they just so happen to be seeing the doctor on one of their good days or they just dont want to complain.  Social Security will use this agaisnt you.   Instead tell them in detail how you have been feeling.  Be specific as to time distace etc. By being specific and explaining to your doctor how your condition varies from day to day you can help to eliminate the phrase in your medical records that can cost you your benefits.

4.  Not being truthful with their doctor.

See number 3.  But also not telling your doctor about all your symptons and problems due to embarrasment etc.

5.  Not heping their disability lawyer prove their case

See my earlier post on the subject.  

The Krebs Law Firm LLC offers a free case evaluation if you have questions about your Social Security disability claim. Many people may be worried that they do not have the money to pay for a disability attorney, but we only handle Social Security cases on a contingent fee basis. In other words, there is no fee unless we are successful in getting you the benefits that you deserve. If you would like to speak to Jason Krebs and his staff simply call (417) 883-5886 for your free case evaluation or to discuss your appeal today! Do not delay as you only have 60 days to file your appeal or ask for a reconsideration if you live in Arkansas or Oklahoma.
 

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I was asked to sit on the Springfield Bar Association Call a Lawyer program on KY3.There were some common questions or complaints that I heard several times. I will try to answer some of them over the next few posts.

I heard several combinations of the following:

My______________(cousin, friend, neighbor, etc). got benefits, but there is nothing wrong with him or her.

or

My _____________(cousin, friend, neighbor, etc) got benefits a lot faster than my case is taking.

or

They didn't have to go to a hearing.

or

Their wait for a hearing was a lot faster than mine is taking.

or

My lawyer is slowing down my claim.

A lot of people who receive social security  benefits have severe conditions that others cannot see or they do not tell others about. It is likely that they, too, had to fight or their benefits. 

Every claim and claimant is different.  You should focus your efforts on your own claim and what you need to do to be successful on appeal.  

Your friend, relative or neighbor probably has no idea about the problems you face. 

Contrary to what some claim, they cannot "cut the line" for you nor do they "have an inside source at the ODAR office" that gets their cases heard faster.  

Likewise your attorney cannot slow down your claim either. (unless a continuance is requested from a set hearing date.  Social Security will send you notice of this in the mail.)  

If your disability claim has been denied by Social Security, you can get a free Social Security Disability claim consultation from The Krebs Law Firm LLC. You have a very short 60 day deadline to file your appeal, so do not delay in contacting a Disability lawyer as soon as possible.

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I was asked to sit on the Springfield Bar Association Call a Lawyer program on KY3.There were some common questions or complaints that I heard several times. I will try to answer some of them over the next few posts.
 

To appeal a denial, should I just  file a new application?

 A. No.  If you are in Missouri you should contact a social security disability attorney immediately to file an appeal or a file reconsideration in Arkansas or Oklahoma.   A new application will most likely be denied for the same reason as the last.  Statistically, most claimants are awarded only after being heard by an administrative law judge. Your claim will never get before a judge if you keep filing new applications.  In fact you can destroy your claim by refiling because if you wait too long you will no longer be insured under the Social Security rules.  

Call 417 883-5886 for a free consultation regarding your disability claim the day you receive your denial.  Do not put it aside to take care of later, you have a limited time to file your appeal or reconsideration.

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I was asked to sit on the Springfield Bar Association Call a Lawyer program on KY3.There were some common questions or complaints that I heard several times. I will try to answer some of them over the next few posts.

Common Question #2

Should I apply for disability benefits?

A.  Yes if you have a medical condition that is severe enough to prevent you from working and earning over $1,010 a month and is expected to keep you from working for a period of at least 12 continuous months, then you should apply right away.  You do not have to wait a year to apply.

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I was asked to sit on the Springfield Bar Association Call a Lawyer program on KY3.There were some common questions or complaints that I heard several times. I will try to answer some of them over the next few posts.

I heard several combinations of the following:

I hired __________(big local or national disability firm) and I can't talk to my lawyer,
or

I have had __ # of lawyers in the last year with the _______ firm 
or

The guy in the ad is not my lawyer, I've never met him.

Unfortunately while people are represented by an attorney, other lawyers should not give you advice. This is an ethical issue for the 2nd attorney. The only thing I can tell them is keep calling until you get a response or go sit in their waiting room. Calling other lawyers to ask questions related to your current lawyer or to interpret documents from your case is not appropriate.

The alternative is to fire the attorney and make another choice for your disability lawyer. This will not delay your case as some like to suggest, assuming you do not already have a hearing date and your new attorney needs a continuance to get your file together. It should not cost you additional money either. All attorney fees are approved by the judge. You may be responsible for some expenses regardless for medical records etc. The question you must ask yourself is "Do I feel comfortable with where I am now?

Please understand that not hearing from your lawyer should not be confused with not getting the answer you want to hear. Good attorneys will honestly discuss the weak points of your case. You should not take insult from this or feel your attorney " is not fighting" for you.

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Many of my clients coming to my office are very nervous about the Social Security Disability appeals hearing. Typically this is because the only legal proceedings they have seen have been on TV.  While there are many great lawyer TV shows (any many bad ones) these programs don’t represent what a Social Security appeals hearing will look like. 

The hearing is conducted around a long table in a room that is fairly small.  There is not a fancy courtroom like you may see on Law and Order.  The Administrative Law Judge (ALJ) will be seated at one of the tables behind a raised podium also called the “bench”.  You, as the claimant, will be in the room along with your disability lawyer and a court reporter to record the proceedings.

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Recently I was at the local Social Security Appeals office and saw once again a disability lawyer from a high volume disability law practice meet his client for the first time just minutes before the appeal hearing.  How can a lawyer meeting a client for the first time 10 minutes before the hearing prepare that person for their testimony?  If you go to your initial free consultation and don’t meet your attorney, or only briefly meet your attorney before being handed off to office staff, this may happen to you.

My approach is much different.  I always schedule a face to face meeting with my disability clients in my office prior to his/her Social Security disability hearing.  Usually, I try to meet several times prior to the actual hearing date to discuss the hearing procedures and to practice answering the questions that are likely going to be asked.  This is not a rehearsal or attempt to get “canned” answers, but rather to get my clients to understand the hearing procedure so they know what to expect and are not overwhelmed with the process.

Few people are comfortable in front of strangers talking about a disability and the difficulties it causes in daily life and in finding and keeping a job.  It can definitely help your case to have an attorney explain what may happen at the hearing in advance so you are more prepared to give complete and informative answers.

Every judge has his or her own style of conducting hearings.  Some judges rely more on the attorney to ask the questions, while some judges ask the bulk of the questions themselves.  Regardless of whether the judge or your disability attorney asks the questions, there is certain information that every claimant should know and be able to discuss clearly and accurately.

For example, a question to you could be, "How far can you walk?"  The wrong answer, but if you are not prepared, a likely answer is "I have never really thought about it – I just don't know."  The right type of answer is "I can walk to my mailbox, which is about 20 yards.  Because of the pain in my back, I have to stop and lean against a wall for about 5 minutes before I can walk back.  I always walk with a cane because I am unsteady on my feet."

Your attorney should help you prepare this information and if he or she does not, it can hurt the outcome of your disability claim.  Be sure you receive personal attention from your attorney. Ask questions about the hearing and what you should prepare.

If you are unsure if your attorney knows your name or could recognize you at the grocery store, please call Jason Krebs of the Krebs Law Firm for a personal approach to your disability case that ensures you are prepared and educated on the process.

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Your age does matter when it comes to social security disability claims.  For disability claimants older than the age of 50, the social security regulations recognize that its hard for an “old dog to learn new tricks” and as we age it gets harder to learn the skills needed to work a new job. Yet many Southwest Missouri workers older than 50 are denied disability benefits despite a lifetime of paying into the Social Security system.  This can be particularly frustrating to Missouri workers who have proven their integrity and character through their years of honest work.

The Social Security Administration has special rules for claimants over 50. Further, there is a better chance for an attorney to obtain an "on the record” (i.e. without a hearing) decision when a claimant is over 50 and can no longer do the sort of work he or she did in the past.

If you are over 50 years old and are limited to unskilled sedentary work, Social Security will presume that you are unable to transition to other work due to your age. This can make a huge difference for your claim. A person limited to unskilled sedentary work may lose his or her disability claim at age 48, but will win it at age 50.

At age 55, it gets a little easier for the claimant. A claimant limited to unskilled light exertion work is presumed to be unable to transition to other work.

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Social Security pays benefits to people who cannot work because they have a medical condition that is expected to last at least one year or result in death. Federal law requires this very strict definition of disability.  

One of the main things that the Springfield Missouri Social Security Office will look at in addition to the medical and/or mental conditions is the claimant's Past Relevant Work.  Past Relevant Work are the jobs the claimant had for the 15 years prior to the application.  The reviewers at the Springfield Social Security Field Office will review these jobs to see if you could still do the easiest job in your Past Relevant Work history and what, if any, transferable skills you may have acquired.

This part of the application is very important because it gives you the claimant the opportunity to define what exactly their jobs have been.  The problem I see in many SSDI appeals that I handle is the claimant treated this as a "job application" and tried to make their jobs sound as important as possible.  For example the fact that your job had the word "manager" in the title does not mean the your actual job duties would qualify as having  management functions under the Dictionary of Occupational Titles, which the Social Security Administration uses to define jobs.

There are a numerous of problems with the Dictionary of Occupational Titles that are far too extensive for this discussion.  One main problem is that many jobs are hard to define on paper.  Essentially you are trying to put a round peg in a square hole.  Regardless, these are the rules that claimants and Social Security Disability Lawyers must operate under.

Were you doing a lot of lifting as the manager or foreman? Was your job essentially the same as everyone else that you oversaw?  Did you hire and fire other employees?  Maybe you were not actually a manager.  It is important to discuss the physical aspects of the job on the application.

Other mistakes I see:

Overestimating or Underestimating the amounts you frequently lifted as part of the job.

Not listing physical demands of a job that may appear fairly sedentary.

Underestimating  the amount of time each day you stand.

Underestimating the amount of time each day you are reaching.

Most initial claims will still be denied, however you will have helped you appeal by being as accurate and consistent as possible from the early part of your SSD claim.

For additional help after a claim has been denied feel free to contact my office.  It does not cost you anything to call and schedule an appointment with The Krebs Law Firm LLC to discuss your Social Security Disability Appeal.   If  I  agree to represent you fees are only  paid under the Fee Agreement System of the Social Security Administration when you win your case and get paid.

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