Roseville, MN.  Finding a good lawyer for your Social Security Disability and SSI claim can be difficult.  Promises on the Internet and TV ads are seemingly endless.  Finding a good lawyer, however, is important.  How can you do it?

I wrote a HoglundLaw blog last year about how to choose a lawyer for your Social Security claim.  Clarity is in order.  A good Social Security lawyer can correctly answer these 6 questions below correctly.  Before you hire a lawyer, print this out and ask these questions.  Can your potential Social Security Disability lawyer pass this test?

1. Ask:  “Are you a licensed attorney?”  If you want representation from a lawyer who has gone to law school and can practice law, this will cut to the chase.  This is a yes or no question.
2. Ask:  “How many hearings do you average a week?”  For most lawyers, an average of 2 or more Social Security hearings per week says a lot about their current experience and client base.
3. Ask:  “Do you ever get into arguments with Social Security staff or judges?”  If your prospective lawyer brags about “scuffles” with Social Security, decide if he or she burns bridges.  If you smell smoke, get out!  You don’t want to be lugging around your lawyer’s baggage.  You want a persuasive lawyer.  Leave attack dogs at home.
4. Ask:  “What do you argue other than medical evidence at Social Security hearings?”  Listen to the answer.  A good Social Security lawyer can explain how he or she will make you a real person for the judge at your hearing, not just a list of diagnoses.
5. Ask:  ”What is your win rate?”  This is a trick question.  Bad lawyers brag and induce you to hire them with a “success” rate.  Legal promises like this are unethical.  And there is another problem.  How do you think a lawyer gets a high win rate?  Cherry-picking.  Do you want to get dumped before your hearing to preserve the win rate?  A good lawyer, on the other hand, will candidly evaluate your case but not promise your result.  You want a lawyer who will stay the course.
6. (I saved the best question for last.)  Ask:  “What do other local Social Security lawyers think about you?”  Then ask, “Can I call one that doesn’t work with you?”  A good lawyer will smile and hand you a card with a local name and a phone number.  A bad lawyer will try to explain his or her reputation.  If you might be talking with a bad lawyer, you might want to hire the new one on the card.  Good lawyers invite you to compare.

Find a good Social Security Disability lawyer.  If you have questions for our lawyers, call Hoglund Law Offices for a free consultation.

Andrew Kinney, Esq.

Hoglund Lawyer Andrew Kinney

About the Author:  Attorney Andrew Kinney began practicing in the area of Social Security Disability Law in 1992.  He works at Hoglund Law Offices, a multi-state law firm listed in the top 100 largest law firms in Minnesota in 2010 by Lawyers Weekly.  He speaks locally and nationally, most recently on vocational expert cross-examination at a national conference in San Antonio.  He is currently a Chair of the Social Security Disability Law Section of the Minnesota State Bar Association.

Related posts:

1. 6 Ways to Hire the Right Social Security Lawyer
2. How Should an Experienced Social Security Lawyer Handle Evidence at your Social Security Disability Hearing?
3. Top 6 Client Questions about Getting Social Security Disability Benefits for Diabetes

Hoglund Lawyer Andrew Kinney is speaking at a national conference in May.  The topic is cross-examination of expert witnesses.

The session “Cross-Examining Experts: From Theory to Practice” has been scheduled for Friday, May 13, at 2:45-3:45pm.

The conference will be held in Baltimore by the National Organization of Social Security Claimants’ Representatives (NOSSCR).  For more information about NOSSCR, check out their web site:  NOSSCR.org

Andrew Kinney spoke on cross-examination at the national conference last September in Chicago.  Click here to view the presentation materials:  “Rethinking Cross-Examination”

Related posts:

1. Hoglund Law Offices Attorney Presenting at National Conference
2. Download your FREE Hoglund Lawyer Guide to Social Security Hearings
3. Top 6 Client Questions about Getting Social Security Disability Benefits for Diabetes

Hoglund Lawyer Andrew Kinney

I am Andrew Kinney, an attorney practicing exclusively Social Security disability law at Hoglund Law Offices.  I do about 400 or more hearings per year.  I am licensed in Minnesota, Wisconsin, Ohio, and New York.  Our team of Hoglund Lawyers travels across the country handling Social Security disability claims, and we currently have offices in Minnesota, Wisconsin, and Ohio.     

Of the tens of thousands of calls to Hoglund Law Offices just last year, some calls about Social Security disability benefits came from people who were still working, but had serious medical problems that were going to cost them their jobs.     

Losing your ability to work is frightening.  It is enough not to feel well.  Disability understandably takes a toll.  For some, being unable to work can feel demeaning.  I wish it didn’t.  Other than getting the right help from doctors, there is not much you can do.  For all, planning for disability is a difficult journey in need of a clear path.  As a lawyer practicing in the area of Social Security disability benefits law, what do I tell them?  If you or someone you know is facing disability, I hope the discussion below can help.    

(I’ve formatted this “planning for disability“ blog just like a phone conversation.  Here is a typical first call for help.)    

     “Andrew, new client call on line 704.”     

      “OK”.  I put my headset on.      

      Line 704:  “This is attorney Andrew Kinney.  Can I help you with questions about getting Social Security disability benefits?”     

      A hesitant female voice comes on the line.  “Yes.  My name is ________.  I’ve been diagnosed with _________.  I’ve started having more problems, so I’ve reduced my hours.  I don’t think I’ll be able to keep this job much longer.  I have some questions about Social Security benefits.”    

      “Sure.  This is a difficult situation.  What hours are you working per week now?”    

      “About 25 hours per week, but I’ve just used up my family medical leave.”    

      “Are you making over $1,000 gross before taxes a month?”    

      Pause.  “Yes.  I’m about at $1,200.  But my supervisor just told me that I’ll need to go to 20 hours per week.  I might be fired.  We’re talking about it this Friday.”    

      “At 20 hours per week, would you make under $1,000 per month once you are at 20 hours per week?”    

      “Yes.”  her voice is pained.  “Or it might be zero soon.  I don’t know what I’m going to do.  I’m also going to lose my insurance.”     

      “That’s why Social Security set up these benefits.  You have been paying for this federal disability insurance out of your paychecks.  Now, the reason I’m asking about your monthly income is that Social Security has income limits for people that apply.  In 2011 and last year, you are allowed to make up to $1,000 per month.  If you have been making more for 3 months in a row, Social Security decides that you are working.  People can apply for Social Security benefits if they are making less than this amount per month because of medical problems, and they expect they won’t get better for a year or more.”    

     “So when can I apply for Social Security benefits?”      

     I answer her question:  “When your monthly earnings go down below the level I mentioned.”    

     “Well, I’ll know soon enough.  I just can’t keep this job up.  I’m making mistakes at work.  My friends who know what’s going on are trying to cover for me.  It is getting too hard.”  She is exasperated.    

     “Well, it’s good you called.  This way you can know what to do next.  What I tell people is that they should work as long as they can within their doctor’s limits.  When you reasonably can’t work much more, you’ll know.  Your doctor will also know that you are trying to keep working.  A judge’ll ask why you stopped working anyway, so trying your best is good.  As for the legal standard of what a disability is, Social Security allows benefits if you can prove with medical treatment that your medical problems will keep you from working full-time for a year or more.”    

      She responds:  “My doctor told me that he doesn’t know how I’ve been able to work at all.”  She laughs a little.  “He said that he normally doesn’t believe in Social Security disability benefits, but he knows what is going on with me.  He said he would help me.”    

      “That’s good.  Tell me about your medical issues.”  She explains her situation, including a recent surgery.  I then explain the appeal process and how our law offices can help.  I get her address and other information.    

      Evauating her situation, I tell her, “OK.  I think we can help you.  First, though, keep in mind that your application needs to wait until you are in a new month when you are not making too much.  Second, remember that we help people apply.  So, keep our number handy.  Also, when are you next seeing your doctor?”    

     She pauses.  “I have an appointment in about 3 weeks.”    

      “Good.  If your hours go down like we discussed or you are let go, let your doctor know at that appointment that you might need a letter from him soon that helps explain your diagnoses and limitations.  These are called narrative letters, and this will outline what’s wrong.  Letters from treating doctors can be your best chance of approval at the application stage.  We expect, however, to go to a hearing.”    

      “I think he’ll write a letter.”  I explain the logistics of this letter.  “What about insurance?  If I’m fired, how will I keep going to my doctors?”    

     “You need to keep treating for your medical problems, especially if you start a disability benefits claim.  Here are some things to do.  You should write these things down:  First, you might look into getting insurance through your husband.  Second, as you stop working, find out from your employer how to extend your current insurance through COBRA coverage.  You may be able to extend this longer than others due to disability.  Third, ask about private disability benefits, either short or long-term.  Some employers have them.  Fourth, make sure you have copies of your employer’s benefits plans.  Finally, you should look into health coverage options through your county.  A call to your county can help you understand how that works.”    

     “Thanks.  I’ll do these things.”    

     “Well, this should cover things for now.  Also, remember that some people living off savings can have early withdrawal penalties from their 401k.  Ask the IRS about having this penalty waived due to disability.  If this issue comes up, contact a local IRS office about the process.”    

     “Thanks.”  She sounds a little relieved.    

     “Thank you for calling.  As I said, keep our number handy.  Let’s hope that you can keep working, but you’ve got a plan.”    

  *     *     *    

Hopefully, the dialogue above — which happens a lot in our practice — helps you.  Planning for Social Security disability is possible.     

One last thought.  At times, our legal judgment plays into the timing of a Social Security benefits application.  Once in a great while, my clients haven’t been treating as they stopped working.  In these cases, I may have a client delay his or her application a little while until they can get to see their doctors.  I’ve seen applications denied for lack of medical evidence, which is a shame for real medical problems.  Note that delaying applications, however, can also cause a loss of possible benefits.     

Legal advice about this process is important.  So if you want legal advice, you need to call a law firm – not an “advocacy” group or corporation of “representatives” that processes claims.  Whoever you call, ask if they are a law firm up front.  Otherwise, you will not get legal advice.  You have a right to choose an experienced lawyer.  Get one.  At Hoglund Law Offices, we charge only a quarter of back-pay if you win.  You pay no money up front.  Ever.    

My normal disclaimer:  You should get legal advice based on your unique situation, so make sure to call Hoglund Law Offices at 1-800-850-7867 or visit HoglundLaw.com if you have questions like this.  Please don’t rely on this one example.  If you call us, you can plan for disability.  Good luck.      

Andrew W. Kinney, Esq.

Related posts:

1. How the Social Security Disability Process Ignores the Real Job World
2. Top 6 Client Questions about Getting Social Security Disability Benefits for Diabetes
3. Hoglund Lawyer Speaking at National Social Security Benefits Conference this May

As I finished my Social Security disability hearings today, it struck me how often I need to explain what Social Security DOES NOT account for when evaluating Social Security claims.  Hopefully this blog will help.

Social Security allows you to receive benefits if your health will keep you from working full-time for 1 year or more.  As Hoglund Lawyers, we argue Social Security benefits claims every day.  Despite our immersion in legal procedure and complex medical arguments, we still need to remind our clients about the following simple fact:  Social Security ignores many non-medical reasons that keep people from working in the real world.    

These are the top 6 real world concerns that the Social Security disability process ignores:

6.  I don’t  have the proper job experience.  Social Security, as a general rule, will only consider whether you can do:  (1) unskilled work, or (2) work using your skills from your past work.

5.  I have childcare issues.  Social Security does not account for the time or expense of your family obligations in deciding whether your medical problems affect your ability to work.   

4.  I am not near any jobs.  Social Security only considers whether sufficient numbers of certain job categories exist in your general geographical region.

3.  No one would hire me with my medical/legal history.  Social Security only considers how your impairments impact your ability to work, not your ability to get hired.  

2.  I don’t have transportation.  Social Security evaluates your ability to do jobs, not get to them.

1.  There are no open positions where I live.  Social Security accounts for jobs that exist, and ignores whether they are available.

Finding and keeping a job in this market can be difficult.  Severe medical problems can make this profoundly more difficult.  If you are trying to get Social Security disability benefits, take heart.  Make sure that you treat for your medical problems with a physician you trust.  If you don’t currently have medical insurance, see what’s available — including free medical clinics. 

Although Social Security can ignore your practical life circumstances, it does account for your doctor’s documentation of your medical problems.

If you do not have an attorney helping you with your claim, it is important to get legal advice specific to your situation.  If you want legal advice from one of our lawyers at Hoglund Law Offices, you can reach our offices at 1-800-850-7867.  There is no fee unless you are approved.  If you are approved, our only fees are 25% of your back payment of benefits. 

 → Click Here to Download your Free Hoglund Lawyer’s Guide to Security Security Hearings   

 Andrew Kinney, Esq.

AMDG

 5 Secrets to Getting Social Security Benefits

Hoglund Lawyer Andrew Kinney

Related posts:

1. Planning for Disability: When to Apply for Social Security Benefits
2. How Should an Experienced Social Security Lawyer Handle Evidence at your Social Security Disability Hearing?
3. Top 6 Client Questions about Getting Social Security Disability Benefits for Diabetes

Hoglund Lawyer Andrew Kinney

Chemical dependency (CD) can destroy your Social Security Disability benefits claim.  As an attorney who argues these kinds of claims every week, I’ll explain how this happens.  I’ll also explain how to make Social Security take your benefits claim seriously.

The Law

From my legal perspective, chemical dependency usually takes one of three forms:  Addiction to alcohol, illegal drugs, or prescribed medications.  Most often, I see chemical dependency issues in my clients with depression and anxiety.  It is not always clear which one came first.  My instinct tells me that, in most cases, the mental illness comes first.  Unfortunately, social security does not always care.  In the 1990′s, social security changed the law about how to evaluate chemical dependency.  Before this change, chemical dependency was its own disability.  After this change, chemical dependency became a basis for denial.  In social security’s view, chemical dependency exaggerates symptoms of mental illness and other impairments.  Social Security also attributes chemical dependency with reducing the effectiveness of medication.  This can be true.  But the actual cause and effect is usually unclear.  Experts in this field have confirmed this with me.  Regardless of this truth, people struggling with chemical dependency these days face an uphill battle in their social security claims.

Why Help Yourself?

What can you do about chemical dependency?  The most important thing is to get professional help now if you (or people you know) think you may have a chemical dependency problem.  Addictions of any kind can have a devastating effect on your health.  They can also unwittingly impact those who care about you.  Candor with your doctors and chemical dependency treatment by professionals is often the best way my clients get themselves out of this hole.   The present law, however imprecise and unscientific at times, can blame your disability on your chemical dependency and deny your claim.  Social Security denies legitimate claims by blaming chemical dependency.  I witness it first-hand all the time.

From my legal perspective, my clients who have gone to get professional help for their chemical dependency have strengthened their Social Security claims.  I can usually make stronger arguments in their favor on three basic levels.  First, clients who treat for chemical dependency are more credible.  I can argue that they have tried to help themselves.  Clients who recognize they may have an addiction and try to overcome it are more likely to get the decisionmaker’s ear.  The rationale is this:  It is easier for decisionmakers (or anyone, for that matter) to sympathize with people who are trying to get out of their holes rather than blaming society for them.  Second, clients who treat for chemical dependency generally have better medical records.  With treatment for chemical dependency, I can argue how medical records parse out chemical dependency from the underlying medical problems.  Third, clients who treat for chemical dependency also have stronger claims because they create a stronger platform for their underlying medical problems.  If I have clients who have overcome chemical dependency, I can argue that their medical problems have not changed in the 3 to 6 month window after they have quit.  If erasing chemical dependency does not change the severity of other impairments, it is undeniably logical  that chemical dependency was not “material” to their disability.  But if being clean and sober does make them better, they might be able to work.  In my book, this is the best case scenario.  When possible, working is a better alternative than benefits.  I wish all my clients got better.

What if I am Still Actively Addicted?

There are still some legal arguments if my clients are struggling with active chemical dependency.  In these situations, I look for how their treating providers view the chemical dependency.  Medical records generally rank order diagnoses, starting with the most significant.  Sometimes chemical dependency is not the first, or primary, diagnosis.  In these circumstances, there is an argument that chemical dependency is a secondary condition and therefore is not to blame for how bad the primary condition is.  Note, however, that this argument can be difficult.  Other arguments in this situation are similarly difficult.  For example, there is an argument that substanced-induced mental illnesses have diagnosis codes custom-tailored for “material” (a legal term) chemical dependacy.  A health professional who does not choose these codes arguably has not found chemical dependency material.

Chemical dependency is a very difficult problem.  Not feeling well does not make it any easier to face.  Getting help is a first step to getting out of this deepening hole.  If you have a social security benefits claim, it is important that Social Security focuses on the truth of your underlying medical problems.  Removing the fog of chemical dependency can not only help you, but it can also help your claim for benefits.

If you do not have an attorney helping you with your claim, it is important to get legal advice specific to your situation.  If you want legal advice from one of our lawyers at Hoglund Law Offices, you can reach our offices at 1-800-850-7867.  There is no fee unless you are approved.  If you are approved, our only fees are 25% of your backpayment of benefits.

→ Click Here to Download your Free Hoglund Lawyer’s Guide to Security Security Hearings

Andrew Kinney, Esq.

AMDG

Related posts:

1. Top 4 Social Security Client Questions about Getting the Right Medical Treatment for your Social Security Claim
2. Top 6 Client Questions about Getting Social Security Disability Benefits for Diabetes
3. Download your FREE Hoglund Lawyer Guide to Social Security Hearings

Hoglund Lawyer Laura Ross

1.  How do I prove that I am disabled due to diabetes?

Diabetes can be a very serious disease with multiple complications.  As with any claim for social security disability benefits, it is imperative that you treat regularly with a doctor, and follow their recommendations.  Lab reports are going to be important to show fluctuating blood sugar levels despite a regular course of treatment.  It is also essential that your symptoms are documented within your medical records.  Try to be as specific as possible when discussing your symptoms with your doctor.  For example, if you suffer from numbness in your hands and feet, tell your doctor exactly what activities are affected –such as using a computer, picking up change, or standing for extended periods of time.  

A. Neuropathy demonstrated by significant and persistent disorganization of motor function in two extremities resulting in sustained disturbance of gross and dexterous movements, or gait and station (see 11.00C); or  

B. Acidosis occurring at least on the average of once every 2 months documented by appropriate blood chemical tests (pH or pC0₂ or bicarbonate levels); or  

C. Retinitis proliferans; evaluate the visual impairment under the criteria in 2.02, 2.03, or 2.04.  

* In order to be approved for benefits, you must prove at least one of the above requirements.*  

2.  What is neuropathy and how do I prove it?   

Neuropathy is nerve damage.  Symptoms may include muscle weakness, cramping, spasms, tingling, numbness, and pain.  To meet the listing based on neuropathy, the claimant must show that at least two of his or her extremities (arms or legs) have such nerve damage that he or she has difficulty using them due to pain, numbness, etc.  An individual’s ability to stand and walk will be analyzed, as well as balance and coordination.  

If you have been experiencing numbness, weakness, and pain and have not been diagnosed with neuropathy, it is extremely important that you bring this to your doctor’s attention.  Specific testing needs to be conducted to confirm the diagnosis.  

3.  What is acidosis and how does Social Security view it?   

Acidosis is defined as excess acid in the body fluids.  Diabetic ketoacidosis (DKA) is a potentially life-threatening complication in patients with diabetes mellitus, resulting from a shortage of insulin.  It may occur due to illness, poor compliance with insulin therapy, or other reasons.  Symptoms may include vomiting, dehydration, difficulty breathing, confusion, and coma.  Without proper treatment, diabetic ketoacidosis can lead to death.  Again, an individual must do their best to follow prescribed treatment for diabetes in order to be found disabled.            

4.  What is retinitis proliferans and when might this allow an approval for benefits?   

Retinitis proliferans is inflammation of the retina.  Diabetic retinopathy is analyzed under the third sub-section of the Diabetes Mellitus listing.  Social Security will evaluate a person’s vision difficulties under the following listings:  

• Loss of Visual Acuity (2.02)
• Contraction of the Visual Fields in the Better Eye (2.03)
• Loss of Visual Efficiency (2.04)

A person meets this listing if their vision after correction in the best eye is 20/200 or less, or other technical requirements involving their peripheral vision and loss of visual efficiency.     

5.  What if my symptoms from diabetes do not meet Social Security’s Listing of Impairments?   

 If your diabetes does not meet or equal Social Security’s criteria under the listings, your symptoms may still cause significant functional limitations which may prove you are unable to work.  An individual may have difficulty walking, standing, or may need to elevate their legs throughout the day.  Numbness in one’s hands may prove difficulty with tasks such as writing, typing, and using small objects.  Vision problems may prevent an individual from reading, using a computer, using small objects, or avoiding hazards in a work environment.  The functional limitations in combination may be enough to prove that no work would exist in the national economy for this individual.  

6.  I received my first denial in the mail.  Now what?  

Most claims are denied at the initial and reconsideration levels.  It is important not to give up, follow the appeal timelines, and being fully prepared at the time of a disability hearing.  Having representation and medical record documentation will make for the best chance of success.  If you have not hired a lawyer, you should get legal advice about your particular situation.  If you wish to call us about legal help with your Social Security disability claim, you can reach us toll-free at:   1-800-850-7867 or through HoglundLaw.com.

Laura Ross, Esq.  

→ For a free Hoglund Lawyer Guide to Social Security Hearings, click here:  Free Guide

© 2010, Hoglund Law Offices.  Reprint with written permission.

Related posts:

1. Beating Type 2 diabetes may be just that simple
2. Social Security Law and Diabetes
3. Hoglund Lawyer Speaking at National Social Security Benefits Conference this May

Hoglund Lawyer Andrew Kinney, Esq.

 → Click Here to Download your Free Lawyer Guide to Security Security Hearings   

Hoglund Lawyer Andrew Kinney, Esq., has just published a free “Client Legal Guide to Social Security Hearings.”  Finally, a way to understand what to expect at a hearing from a Hoglund Lawyer who does 400-500 Social Security hearings a year!   

This free 28-page client guide explains the entire hearing process, and shows you how your Hoglund Lawyer can help you get approved for Social Security benefits. 

Andrew Kinney explained why he wrote the guide:           

I wanted to help our clients understand what to expect at our hearings.  There are federal judges and experts, and the process can be scary even with one of our Hoglund Lawyers there with you.  We’ve found over the years that our clients benefit from knowing what’s going on at the hearings — especially when we are cross-examining experts or giving closing legal arguments.           

An excerpt from page 26 of the free Hoglund Lawyer Guide:         

Know that at your hearing, you are helping the judge understand your medical problems.  Most people know how they feel day-to-day.  Your attorney can describe the kinds of questions the judge may ask.  The judge can read your medical records, but you are there in person to give your side of the story and make your situation ‘real’ for the judge.           

This full color, fully indexed and bookmarked Hoglund Lawyer Guide answers these questions:      

• What is a Social Security benefits hearing?
• What am I trying to prove at my Social Security benefits hearing?
• Are there different kinds of Social Security benefits hearings?
• Who is at my Social Security benefits hearing?
• What will happen at my hearing?
• What should I bring? What should I wear?
• Fearing your hearing?
• Does my attorney need any legal forms for my hearing?
• What happens just before my hearing?
• What is my Social Security hearing file?
• What if I miss my hearing?
• What kinds of Social Security benefits are there for disabled people?
• When am I first disabled?
• What is my “Filing Date”?
• Does my “Filing Date” matter?
• Does Social Security make findings like workers’ compensation?
• What if I already receive disability from the VA?
• What is the most important legal concept I should know before my hearing?
• Does age matter?
• Can children under 18 receive Social Security benefits?
• How are children under 18 evaluated for disability at a hearing?
• What must my judge ask me at my Social Security hearing? What do I do after my hearing?
• How will I know whether I won or lost my hearing?
• Could I have a supplemental hearing?
• What is the full Social Security benefits appeal process?
• How will my attorney prepare for my Social Security hearing?
• How do I get paid?
• How does my attorney get paid?

About the Author:              

Attorney Andrew Kinney began practicing Social Security benefits law in 1992.  He graduated from the University of Notre Dame and Marquette Law School.  Since 1995, he has presented seminars on Social Security to lawyers and related professionals.  He is licensed to practice law in Minnesota, New York, Ohio, and Wisconsin.  He is next scheduled to present a legal seminar on cross-examination skills at a national conference in Chicago in the fall of 2010.     

If you would like to arrange for him to speak about Social Security Disability Benefits at your next group event, please feel free to call his offices at:  1-800-850-7867.             

→ Click here for YouTube video of Andrew Kinney:  5 Secrets to Getting Social Security Disability Benefits  

If you are not a current Hoglund Law Offices client, make sure to get legal advice about your particular situation.  To call us about representing you with your Social Security benefits claim, call toll-free now at:  1-800-850-7867.         

Remember, only a lawyer at a law firm can give you legal advice.  At Hoglund Law Offices, attorney fees are a quarter of back pay only if you win!             

© 2010, Hoglund Law Offices         

 

      

Related posts:

1. Hoglund Lawyer Speaking at National Social Security Benefits Conference this May
2. How Should an Experienced Social Security Lawyer Handle Evidence at your Social Security Disability Hearing?
3. Social Security Lawyer Explains 10 Things that Happen at Hearings

Hoglund Lawyer Andrew Kinney, Esq.

At administrative hearings with Social Security judges, our Hoglund lawyers argue disability methodically:  (1) Diagnosis, (2) imaging studies to support the diagnosis, (3) examination findings, and (4) client testimony.  Social Security’s decisions are primarily driven by medical treatment evidence.  So, getting the right medical treatment can make or break a case.     

Four questions arise most frequently from our clients about medical treatment:     

① Should I tell my doctor about my psychological needs?  Yes.  Depression, for example, is common for those with chronic pain.  I tell my clients to mention their legitimate concerns to their doctors.     

② Should I treat for medical problems that doctors cannot fix?  Yes.  Some of our clients stop treating because medical care isn’t helping their symptoms, such as headaches.  But avoiding doctors offers no medical proof for Social Security.  Our clients should maintain appropriate doctor appointments at regular intervals.  This has two benefits.  One, it helps our clients’ doctors review the progress of the medical problems.  Two, it helps Social Security judges verify these problems.        

③ How much medical treatment should I get?  Enough that doctors you trust are satisfied with your care.  Don’t get treatment to “game” the system.     

④ Should I call my Social Security attorney about whether to get surgery?  No.  While it is good to keep us up-to-date about medical problems, I tell my clients to consult with their physician about what medical decisions are best for them.  Legally, Social Security judges will find the need for surgery relevant.     

In short, clients should make good medical decisions to get better, not to get benefits.   

If you are not our Social Security Benefits client yet, consult our law offices about your particular situation toll-free at:  1-800-850-7867.    

Andrew W. Kinney, Esq.    

Related posts:

1. Top 6 Client Questions about Getting Social Security Disability Benefits for Diabetes
2. How Chemical Dependency can Destroy your Social Security Benefits Claim
3. Developing Medical Evidence In A Social Security Disability Claim

Top 7 Questions about Getting Social Security Benefits for Asthma & COPD

At administrative hearings with Social Security judges, our Hoglund Lawyers review and argue asthma and chronic obstructive pulmonary disease (COPD) claims for our clients in particular ways.  Here are some answers to common questions from our clients at Hoglund Law Offices who cannot work due to asthma and other kinds of breathing problems.  (You should get an attorney for advice that applies to you.)

7.  What are Social Security disability benefits?

Social Security disability benefits (and Supplemental Security Income benefits) are monthly disability benefits payable to you if you are unable to work (or are expected to be unable to work) full-time for 1 year or more for medical reasons.

6.  Can I apply if I can only work part-time? 

Yes, but you cannot be going to work and regularly earning above certain monthly amounts.  For 2010, this “substantial gainful activity” amount is $1,000 gross per month.  This changes annually. 

5.  What does Social Security review in asthma claims?

In asthma and/or COPD claims, Social Security generally reviews:  

• Your diagnoses;
• Your pulmonary function test results;
• The frequency and severity of your asthma attacks or breathing issues; and
• The nature of your treatment (such as ER visits, nebulizer treatments, etc.)

The most important documentation of your breathing issues comes from testing of your ability to breath with and without medications.  Pulmonary function tests measure the amount and/or speed of air you can breathe in and out.  Imaging studies may also reveal other kinds of structural breathing problems. 

Important notes:  Make sure to talk with your doctor about whether you should have pulmonary function tests and how often.  Also, make sure to discuss any day-to-day breathing issues you are having with your doctor – including fatigue and shortness of breath.  Logically, the more your doctor knows, the more your doctor can understand how you are doing on your current medications.  This also creates a “track record” of how you are functioning when this comes up at Social Security hearings.  Your Hoglund Law Offices attorney can explain more about this.     

4.  When does Social Security find disability in asthma and/or COPD cases?

The general rule of thumb is that the more your asthma limits your ability to function, the greater chance you will be found disabled.  The Social Security Administration often looks to the frequency and severity of your asthma attacks and other breathing issues to determine whether your asthma significantly limits your ability to function.  For example, if you have been hospitalized frequently (such as once every two months) for control of your asthma, or if you require an oxygen tank, it may be easier to prove why you cannot work full-time.

3.  What factors does Social Security use in evaluating asthma/COPD cases?

Social Security focuses on objective findings that your doctors records from your medical appointments.  Social Security calls these findings “listings.”  Listings are found in Social Security’s regulations.  The primary listing for disabling asthma is respiratory system listing 3.03.  Note that it includes findings about your height because your testing results relate to your height. 

Note:  “Meeting” or almost meeting (“equaling”) the listing requirements below can allow an approval, but approval is also possible by proving you cannot medically work full-time.  Listing 3.03 (set out below) gives you an idea about how Social Security evaluates asthma:

 3.03 Asthma.  With:   

1.  Chronic asthmatic bronchitis. Evaluate under the criteria for chronic obstructive pulmonary disease in 3.02A;                         

[3.02A states:] 

                        A. Chronic obstructive pulmonary disease, due to any cause, with the FEV₁equal to or less than the values specified in table I corresponding to the person’s height without shoes. (In cases of marked spinal deformity, see 3.00E.);

TABLE I

OR 

1. Attacks (as defined in 3.00C), in spite of prescribed treatment and requiring physician intervention, occurring at least once every 2 months or at least six times a year. Each in-patient hospitalization for longer than 24 hours for control of asthma counts as two attacks, and an evaluation period of at least 12 consecutive months must be used to determine the frequency of attacks.

[3.00C states that the “attacks” are defined as prolonged symptomatic episodes lasting one or more days and requiring intensive treatment, such as intravenous bronchodilator or antibiotic administration or prolonged inhalational bronchodilator therapy in a hospital, emergency room or equivalent setting.  Hospital admissions are defined as inpatient hospitalizations for longer than 24 hours.  The medical evidence must also include information documenting adherence to a prescribed regimen of treatment as well as a description of physical signs.  For asthma, the medical evidence should include spirometric results obtained between attacks that document the presence of baseline airflow obstruction.]

2.  Does age matter?

Yes.  If you are 50 or older when Social Security reviews your claim, the legal standards (called “medical-vocational guidelines”) favor you over those younger than 50.

Important note:  Your claim may take 2 or more years from when you apply.  Consider that you may be 50 (and get the legal benefit of your age) at least by the time of a hearing.  Your attorney should factor this in when evaluated your claim.   

1.  How can I make sure Social Security knows how bad my asthma and/or COPD is?

Social Security’s decisions are primarily driven by your medical treatment records.  You should get the appropriate treatment with doctors and associated professionals that you trust.  If you feel you are not getting relief for your breathing problems, mention your concerns to your doctor.  Also, even if you have may have no immediate options for improvement, you should maintain at least some regular visits to your doctors so they can understand (and document) the progress of your problems over time.  Your attorney can explain how this may impact the strength of your claim.  

Remember, only a lawyer at a law firm can give you legal advice.  If you wish to hire us, you can reach us at Toll-Free: 1-800-850-7867.  Only a quarter of back-pay if you win!

“Trust a Hoglund Lawyer.”

Andrew Kinney, Esq., with Tracy Bishop

© 2010, Hoglund Law Offices.  Reprint with written permission.

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