Medical Treatment is Most Important

In Social Security Disability cases medical treatment is King.

The more medical treatment you have the better chance you have of winning your case.

You can tell the Judge all you want about your problems, but if you do not have medical records to support your complaints then it will not matter.

I realize that it is often difficult to get treatment and you may need to pay some money to get additional treatment, however it is worth it. Would you spend a thousand dollars or more to potentially get benefits for a lifetime and medicare.

You may have some type of health insurance, or a medical card, or some type of community clinic. You need to find out what is available and go the doctor.

Need some advice about your Social Security Disability? Call me, Dirk May Social Security Lawyer, at 309-827-4371.

Is Someone Watching You?

Several people have asked me if Social Security ever conducts surveillance on people applying for disability?

I know insurance companies video tape people who are claiming workers’ compensation injuries and private disability benefits.

But I have never heard of Social Security video taping people who are applying for disability benefits.

Once a person is found disabled there have been investigations involving whether the person is working a job without reporting income. The law allows a person to work part-time, however all earnings must be reported. Under the table payments, and hiding income is fraudulent and may subject you to criminal sanctions.

Hearing Tips

Some things about Social Security Disability hearings are very complicated.

Other things are common sense.

Today’s post will focus on basic straight forward ideas, but they are very important.

Look the Judge in the eye when she questions you, and when you testify. It shows you are interested and that you are trustworthy.

Speak up. The Judge needs to hear your answer, and the proceeding is being recorded.

Be early. The hearing office wants you to be at least 30 minutes early. Judges want the cases to start on time. If the case starts late make sure it is the Judge who caused the delay, and not you. I have seen cases lost before the first question because the claimant was late for the trial. It is not fair, but it is human nature to be upset if you are kept waiting. Remember to take into account traffic and an unfamiliar area.

If the Judge invites you to make a final statement keep it short. You have talked for the last 45 minutes. A long speech will not win your case, but it could lose it.

Questions about these tips? Call Illinois Social Security Lawyer Dirk May at 309-827-4371.

Disability, Drugs and Alcohol

Some people will complain that drug addicts and drunks can get Social Security Disability so why can’t I get approved.

The truth is that a number of years ago the law was changed so the those with drug and alcohol problems can no longer form the basis for getting approved for Social Security Disability.

You can get approved for the consequences of drug and alcohol use.

For example, liver damage, mental illness or other physical results.

If you experience any of these problems and are seeking Social Security Disability benefits please call me, Illinois Social Security Lawyer Dirk May, at 309-827-4371.

The Judge is Not your Enemy

The Administrative Law Judge is the person who will decide whether or not you are disabled and entitled to Social Security Disability benefits.

The whole process of applying for Social Security Disability, being sick and in pain, and waiting for your hearing is frustrating and demeaning at times.

But the Judge is not the one to blame.

In other words do not get angry with the Judge. It is human nature to try to help someone who has a pleasant attitude. If you answer the questions the Judge asks to the best of your ability then you will go a long way toward helping yourself.

I have seen witness who battle the Judge, and get angry with the Judge. This has never worked for them.

I would be glad to discuss with you what is going to happen in your Social Security Disability hearing. Call me, Attorney Dirk May, at 309-827-4371.

Date of Last Insurance and Social Security

Your date of last insurance is very important in Social Security Disability.

Social Security is an insurance program. In other words you must pay into Social Security to be eligible.

For example, if you work for a University in Illinois or you are an Illinois public school teacher you do not pay into Social Security. If you become disabled you may not be able to collect if you do not have enough quarters paid in. There are exception, of course. Such as someone who works a second job that contributes to Social Security.

To be eligible for Social Security disability your disability must have started before your date of last insurance.

You can find out your date of last insurance by calling your local Social Security office.

In the event your date of last insurance has lapsed you will only be eligible for SSI. The problem with SSI is that you are only eligible for approximately $670 per month, and most other income and assets reduce the amount you can receive.

Recession and Social Security Disability

The recession is causing a big jump in Social Security Disability filings.

Many states are seeing the already long waits for a case to be decided to be increased even more.

The Commissioner of Social Security is predicting the problem will get worse, and is blaming some of the judges for not deciding enough cases.

So far in Central Illinois, this has been a good year for case backlogs. The Peoria Hearing Office has really moved hearings through the pipeline. Some cases are getting to hearing in less than 18 months.

This is probably due to stable filing levels, as I blogged in an earlier post, Illinois has not seen a dramatic jump in disability filings.

It also the result of increased hiring, and an efficient office.

Showing up is Important

Someone famous once said “90 percent of life is showing up”. This applies to Social Security Disability too.

If you do not apply, you cannot get Social Security Disability.

It does not cost anything to file.

No attorney fees unless you win, and then it applies to back benefits only.

You never know what the Judge will do. I have seen cases that I did not think would have much of a chance, be approved at the hearing.

You never know the vocational expert will say. I have seen vocational experts testify in amazing ways. If you know what questions to ask you can take advantage of it.

The bottom line is show up and be prepared; life is always surprising.

What is Your Passion?

I have done a number of things as a lawyer over the last 25 years, but I really enjoy helping people who are no longer able to work get their Social Security Disability.

Here are some of the reasons I enjoy it so much:

I like helping people solve problems;

People need the money when they can no longer work;

The medical care that comes when you get Social Security Disability is very important;

You have your Social Security Disability for the rest of your life;

The puzzle of fitting the law, medical and job information together is challenging and often fascinating.

Do you need help with your Social Security Disability claim? Call me, Illinois Social Security Disability Attorney Dirk May, at 309-827-4371.

Playing the Waiting Game

It is still taking 18 to 24 months to get a Social Security Disability hearing in Central Illinois.

Nothing is going to speed this up short of more judges and support staff.

Social Security schedules the hearings and tells your lawyer the date to show up.

This is unlike many other court proceedings where the parties tell the judge when they are ready for trial.

Your attorney cannot get you an earlier date.

Sometimes your congressperson or United States Senator can ask for an expedited hearing. This may or may not speed up your hearing. It just depends on what the judge wants to do. I have also seen this back fire. In other words, the judge gets mad and you get an early hearing. However, he punishes you for butting in line.