FAQ's about Social Security Disability

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Transcription:

Andrew Kinney
Hi my name is Andrew Kinney. I’m an attorney an attorney at Hoglund Law Offices.  I have with us today another social security attorney, Beau Chinn.  I wanted to talk with him about his clients and a bit about the process, applying and getting to a hearing.  How are you doing today Beau?

Beau Chinn
I’m doing good Andrew, thank you. 

Andrew
You sign up people right? 

Beau
I do

Andrew
So you see people on the front end.  Are there any things that seem to be stressing them out that you are helping them with on the front end? 

Beau
Well to be honest Andrew, most people don’t have any idea about the process, any idea on time, or on approval rate.  Usually they have a family member who has told them something or they have heard something about social security.

Andrew
Is that usually accurate?

Beau
Usually, it is not accurate.  There are some doosies out there, but I understand how these things get around. People really are concerned about the time frame because these social security cases can get drug out, especially if you get denied at the first two levels and have to go all the way to a hearing.  A lot of people are concerned about what to do in the meantime.  What they can do to survive financially.  They are usually concerned about what kind of programs are available and whether social security is able to do anything for them in the meantime. 

Andrew
What about getting treatment for healthcare?  Is that something you talk to them about?

Beau
I do, absolutely.  Treatment is very important with a social security case.  You can be the most disabled person in the world, but if it is not documented, and well documented, your chances for approval are slim.

Andrew
So what if you have a problem let’s say migraines or something that they can’t help you with.  Does social security assume that you are fine if you don’t at least get some form of care over time?

Beau
I don’t know if they would assume that you are fine, but I think that is the way they’re swaying.  You definitely need some type of record.  Now do you need to go every day all day for a migraine? No.  I like to tell my clients that with a migraine or in a seizure situation, if they are smaller seizures that don’t require hospitalization, I like to tell them to keep a log, keep a journal, and include day, time, what happened, how long it lasted.  I have seen judges appreciate that.  It is another form of documentation that you can use to recall how often you have these problems.

Andrew
And that could help someone with their own physician to know how frequently that is happening. 

Beau
Absolutely.

Andrew
So keeping track of your own health needs to be going on, especially if lets say go to a hearing.  Now lets say someone has applied, they get denied, they are at reconsideration, they are denied, and then they get to a hearing.  Roughly how long can that timeframe be in your experience?

Beau
In my experience in Ohio, I mostly work out of the Columbus and Dayton offices in Ohio, I think if you are going to call social security they are going to say from application to hearing that timeframe is going to be well over two years.  In my experience that is going to be in the 24-26-28 month range.  I would say, in my experience, a little over two years is normal, at least right now with the dockets. 

Andrew
So you help people in the front end, and you also help people at hearings, so what do you tell people that are nearing a hearing?

Beau
Well nearing a hearing, obviously they have been waiting awhile, at least two years or more.  They are concerned, and they obviously are nervous.  We do hearings all the time at this firm, and we are at the hearing office everyday.  I try to ease their mind. They are stressed out. They are worried. They have seen every lawyer show on TV, and they see what courts or hearings are like, and I try to persuade them as to what they can expect.  We know what questions are going to be asked by the judge.  There can be experts in the hearing room. We know what questions their going to come up with for the vocational expert or the medical expert.  Just by the file and the record there and our experience being there and we get to know these judges, and they are not new to us. We know what to expect from that judge and how they like to question the attorney.  I try to lay it out from beginning to end to let them know exactly what is going to happen to help calm them down.  It is not only for their sake of ease but also to perform better in the hearing. 

Andrew
Is there a perfect way to answer questions at a hearing?  Or is it better to know what to expect?

Beau
I think it is better to know what to expect.  There is no real way to script a hearing because you don’t know the judge is going to ask what questions in what order, but you can predict what questions are important and what type of questions the judge likes to ask.  You can help them prepare.  My advice to every client is to be honest and do your best. If you don’t understand a question it is ok because the judge can explain it or can ask the attorney to explain it.

Andrew
It’s not a test.

Beau
Absolutely not.  If you are telling the truth, there is no wrong answer. 

Andrew
And I tell clients, you are not proving anything. The records prove it, and they are just there to explain the day to day. 

Beau
Absolutely.  That is another thing; they feel it is all riding on the hearing.  The hearing is important; however, the records are still in the file, and the judge is still going to review the record.  It is not just the client forgot to mention this so we lose.  That is not how it goes down.  The hearing is important, but it is the record that proves the case.

Andrew
So a good relationship with your medical providers is helpful because they need to know your symptoms because ultimately you go to a hearing and a judge and you are looking at the records at the hearing.

Beau
Absolutely, if you are having a problem make sure you are telling your doctor.  Make sure you are telling your specialist or your family doctor.  It needs to be in the record because if you are bringing up something for the first time with the judge it doesn’t hold a lot of credibility or weight for that matter because they have never seen it, and if there is a medical expert reviewing the record, then the expert has never seen it.  We can’t take every body’s word for it otherwise every one would be on disability.

Andrew
Thank you very much Beau for talking with us today.  If you have further questions about social security benefits, or perhaps you want us to help you, you can call the number at the bottom of the screen.  You can also go to HoglundLaw.com.  Thank you very much.