SSI and Children’s Cases

Yes, I represent people in Children’s SSI cases.

Not many lawyers do these type of cases.

They are difficult cases to win.

Maybe because Judges do not like the cases, or they are used to seeing adult cases that focus on ability to work.

In a child’s case you must prove marked limitations in 2 areas out of 6, or extreme limitations in 1 area out of 6.

The areas cover physical limitations and mental or emotional limitations.

Just being in special education classes is not enough.

You must show that the child is at the extreme end of the spectrum within the special education grouping.

Examples might be extreme classroom problems, serial suspensions, extreme drug abuse, several hospitalizations for mental problems, or severe asthma.

Questions about children’s SSI cases? Feel free to call Illinois Social Security Disability Attorney Dirk May at 309-827-4371.

 

Do I Need A Lawyer for my Social Security case?

The main reason I think people represent themselves in a Social Security Disability case is they do not understand the fees a lawyer can charge.

In Social Security Disability cases attorney fees are controlled by federal law. A lawyer can only receive 25% of back benefits or $6,000 whichever is the lower amount. There are no fees on the monthly check you receive. If there are no back benefits there are no fees.

Receiving a monthly check the rest of your life and having access to medical benefits for the rest of your life is certainly worth a small fee.

The problem with representing yourself is that you do not know what the judge is looking for, you do not know what to ask the vocational expert, and you do not know what medical records are important.

Questions about representing yourself, or whether you need a lawyer? Call Attorney Dirk May at 309-4371.

 

Vocational Experts

What the vocational expert says during your Social Security Hearing is very important. It can make the difference between winning and losing your case.

For that reason alone I think you should seriously consider hiring a lawyer to represent you in your Social Security Disability case.

I have mentioned before that there is no cost unless you win your Social Security case, and then fees are limited to 25% of back benefits or $6,000 whichever is the lower amount. Compared to your lifetime benefits and Medicare coverage the fee is a very small amount.

The concern is that vocational expert can make it look like you had transferable skills that may not be correct, or testify that your limitations will allow you to perform a line of work that will make you not disabled.

For more information regarding Vocational experts and Social Security Disability please call me, Attorney Dirk May at 309-827-4371.

 

How Long Does Social Security Disability Take?

It takes over 2 years to get a hearing before an Administrative Law Judge for your Social Security Disability case in Central Illinois.

This is terrible, but it is reality. You have no control over scheduling of the hearing. Only Social Security can schedule the trial. It is not like other judicial proceedings where you can request a trial date. Social Security tells you when they are ready for you.

Not even Congress people or United States Senators can request a hearing date for you. They can request the review of your case be speeded up. However, there are no guarantees.

The backlog is extreme because there are so many cases and too few judges and Social Security employees.

Questions about the status of your case and what to do when you have a hearing scheduled? Call me Illinois Attorney Dirk May at 309-827-4371.

 

What is Important at Your Social Security Hearing?

You are the main witness, and usually the only witness, at your Social Security Disability Hearing. So what you have to say to the Judge is very important.Your testimony before the Administrative Law Judge:

•  should be believable; not every day is a bad day and you are able to perform some daily activities. You should not exaggerate your pain, but you also should not down play your problems either. Tell the Judge what happens to you on a typical day. It helps to reflect on what you have experienced over the past several years. It may also help to keep a journal of your limitations.
• should be descriptive; it is not helpful to use terms such as “it varies” or “it depends”. You need to be able to tell the Judge types of items you have problem lifting, or how far you can walk, and how long you can sit. You should be able to give examples of problems you have around the house, and describe your pain.
• should be clear; you are at the hearing because you absolutely cannot work a full time job. If you tell the judge you may be able to work full time or you will try to work full time then you will lose your case and not be found disabled.

If you have any questions about Social Security Disability or what happens at hearings please call Illinois Attorney Dirk May at 309-827-4371.

 

Congressional Help

I am rethinking the whole idea of using a Congressperson’s assistance in speeding up a Social Security Disability case. 

This is the reason: the judges, office manager and case reviewers often get defensive if they think someone is looking over their shoulder pushing a case.

This usually ends in a way that is less than satisfactory for the claimant (you).

I suppose a one time inquiry will not do any harm, however,  multiple calls from the congressperson’s office probably do not help your case.I have seen Judge’s take a hard line on certain cases, and I am left wondering if this is because a congressional office pushed too hard.

Certainly, you can appeal but that destroys the whole idea of speeding up the case. It will take at least another six months and may result in you having to reapply.

I understand that the whole Social Security Disability process is a mess and takes much too long, but sometimes the so called Congressional shortcuts do not really help out that much and must be used very carefully.

 

attorney fees

When a lawyer represents you in Social Security disability cases the Social Security Administration controls the fees that can be charged. You can only be charged if you win your disability case. The fee is limited to 25% of back benefits or $5,300 whichever represents the lower amount. This means if you have back benefits that approach $30,000 or above then you pay no fees on this amount. Fees are also limited to back benefits. That is, only on benefits that accrue through the date of hearing. When you win, in most cases, you will also be entitled to a monthly check for the rest of your life. There are no attorneys fees on the monthly social security disability benefit check you receive for the rest of your life.

The system Social Security has set up is advantageous for you. You can have an attorney represent you in a disability case and you pay no up front fees, and you pay no fees on your lifetime benefits that may result in hundreds of thousands of dollars for you.

A lawyer is allowed to charge you separately for the costs of medical records and reports in addition to the fees.

Please feel free to call me, Dirk May, at 309-827-4371 to discuss how an experienced Social Security disability attorney can help you be prepared for one of the most important days of your life: your Social Security hearing.

 

Why I would use a local Social Security disability lawyer

Is there an advantage to using a social security lawyer that is located near you versus one of these national companies? The ones that advertise on the internet are based in New York or Florida or California. They may have a regional office in Chicago. But basically you do business with them through the mail or over the phone, if they will return your call.

You can always reach me on the telephone, or drive to my office, or I will drive to meet you if we cannot meet any other way. I meet with my clients throughout the disability process to discuss forms that need to be completed, doctors’ treatments, prepare for the hearing, and to answer any questions you may have. If needed, I even give my clients rides to the hearing. Some company from out of state is not going to do this.

Another thing the out of state companies do is make you pay for your own medical records at the time they order them. Why would they make you do this when you are sick and cannot work. The costs can add up. I pay for all medical records up front, and only ask for repayment after you win and you get your money from Social Security.

You can still do business face-to-face, in today’s world, and in a way that is cost effective to you without sacrificing experience and a personal relationship.

Finally, I know the judges you will have to testify before and their preferences. There is no way someone from Chicago or out of state can do this. Only your local social security disability lawyer can do this.

Remember, I cover Peoria, Bloomington, Pontiac, Springfield, and Champaign, Illinois and I would be glad to talk with you about the ways I can help you in your social security disability claim. Call Dirk 309-827-4371.

 

What a mess

If you have any contact with the Social Security disability system I am sure you wonder who thought up this crazy system.

You wait for 2 to 3 years to have someone tell you that you are disabled or not. Isn’t there a better way?

I am sure that if we all sat down at our computers and blogged out ideas we could come up with a better system in an afternoon.

Problem is that it would probably cost more money, personnel and effort than any administration is willing to invest.

The dirty little secret is that disabled people have not reached the tipping point to bring in more money and personnel to speed up the process.

The Bush administration has a pilot project going to speed up the process. However, it does not appear that it will make much difference.

There may be some hope with a change in Congress and with a presidential election upcoming but there has been democratic  control before and not much has happened.

There is way too much budgetary pressure from the war, and spending overruns in other areas to expect loads of money dumped into SSA for more administrative law judges and review people.

That does not mean we should give up hope or stop trying to change the system. By all means, we should contact our elected representatives and ask them to look into the disability case backlogs and what ways we can speed up the system(see congressional link). What about a computer system that screens the vital information such as education, age, work history and medical conditions and spits out a triage of cases that meet listing and grid criteria. I am not talking about another computer contractor boondoggle that rips off the taxpayer. But something that uses available information SSA is already compiling and makes faster decisions.

Anyway, in addition to advocacy groups,  I think it is worth it for citizens to contact their government and ask them to work on improving the social security disability adjucation procedures.