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Social Security Disability Law Firm that strives to make the process as easy as possible, answer questions quickly and accurately, and be available even after a successful outcome so that any future concerns that may come up, you can count on us being there for you. Step 3: Request for Hearing before an Administrative Law Judge (ALJ) The next step is to request a hearing before a Judge. Again, this hearing request can be made online, in person, or by mail. If you are already a ManleyReynolds client or are contacting us for the first time, we will file this request for you. The hearing is the only chance you get to talk to someone about your medical condition, your ability to do daily activities, and your ability to work. Every step before this one has been made on paperwork only. By this point, many medical records have been gathered by DDS. Hopefully, the record is complete up to this point. From the denial of the recon to the end, it is up to the client to obtain and turn in medical information. No one from the Administration will be gathering further records on your behalf. This means as the month's tick by before the hearing; you will need to get and send in the medical records for each doctor or hospital you see after the denial of the recon. When you are our client, we ensure these things are provided to SSA on your behalf. You will be scheduled for a hearing and must be present on that date and time to testify. Hearings are held in person, on TEAMS, or on the phone. No matter the type of hearing, all hearings are the same. This is the claimant’s chance to talk to a person and help SSA decide that you are, in fact, disabled and cannot work in the job market. The Judge will ask you several questions that you are expected to answer honestly and truthfully. If you have hired us, we will talk to you before the hearing so that you know everything that will happen at your hearing. We will also be at the hearing with you and ask you questions at the hearing. The ALJ and our questions are designed to explain how your medical situation prevents you from working full-time in the job market. Our attorneys also prepare and submit to the judge before your hearing a detailed brief on why you are disabled, what medical records back up your position, and if you meet or equal any listings. After the hearing, the judge will make a written decision and send it to you via mail. Claimants are rarely told at a hearing that they will be getting benefits or that the ALJ is writing a fully favorable decision. The Judge can decide you are disabled, you are disabled but from a different date then you said or that you are not disabled. The letter will say fully favorable, partially favorable, or unfavorable. If the ALJ finds you are disabled, you will then receive letters in the mail stating what your monthly benefit will be and what, if any, back pay you will receive. If the ALJ finds you are not disabled, you can still appeal that decision. Claimants who go to a hearing without an attorney are approved about 35% of the time. Been Approved? You may qualify for Medicare. See our article here Return to Our Approach Page Link to Appeals

octors have their ways of doing things, and we can't really change that. That's why, if SSA says no to your disability claim at first, it's super important not to give up and to keep asking them to reconsider. My Medical Records are Not Helping My Claim The attorneys at ManleyReynolds know all about doctors and their note-taking skills. 01 Tricky Puzzle When you go to the doctor, you usually talk about one specific problem, like a sore knee from arthritis or a nasty sinus infection. But sometimes, even if your knee still hurts from last week, it might not get mentioned again if you're there for something else. That sore knee may not be written about until your next annual physical exam. This can make your medical records look a bit patchy like puzzle pieces are missing. This is tricky because when the Social Security Administration (SSA) looks at your records to decide if you can get disability benefits, they might see these gaps and think you're not as unwell as you say. 03 Mixed Up Notes At ManleyReynolds, PLLC, where our lawyers work, we pay close attention to your medical records. If something seems off, like notes about you swinging a golf club when your condition should make that tough, we get to the bottom of it. We had a case like this, and it turned out the doctor's notes were a bit mixed up. The person wasn't playing golf; they were using the club to help stretch their back. Thanks to our careful preparation, we were ready with the correct explanation when the judge asked about it. 02 Don't Give Up Doctors have their ways of doing things, and we can't really change that. That's why, if SSA says no to your disability claim at first, it's super important not to give up and to keep asking them to reconsider. Eventually, you'll talk to a judge who listens to disability cases (the ALJ stage). This is your chance to tell your story to someone face-to-face and explain any bits of your medical records that might not make sense at first glance. 04 Always Remember So, remember, even if your medical records aren't perfect, that doesn't mean you don't deserve help. It just means we need to work together to make sure your story is told right and all the pieces fit together in a way that makes sense to everyone, especially the judge. Back to FAQ Page

A medically determinable physical or mental impairment must result from anatomical, physiological, or psychological abnormalities that can be shown by medically acceptable clinical and laboratory diagnostic techniques What is a medically determinable physical or mental impairment? According to the Social Security Administration (SSA), a medically determinable physical or mental impairment must result from anatomical, physiological, or psychological abnormalities that can be shown by medically acceptable clinical and laboratory diagnostic techniques. The impairment must be established by objective medical evidence (signs, laboratory findings, or both) from an acceptable medical source, not on an individual’s statement of symptoms. Link to SSA Guidelines Medical Evidence In seeking Social Security Disability benefits, it's crucial to understand how the Social Security Administration (SSA) evaluates your application. The SSA requires clear, objective medical evidence to establish the presence of a disability. This means that the disability must be supported by physical, mental, or psychological abnormalities that can be identified through clinical evaluations and laboratory tests conducted by recognized medical professionals. Simply put, the existence of a disability must be verifiable through medical data, not just personal accounts of discomfort or pain. For your application to be considered, it's essential to have up-to-date medical records documenting your condition and the ongoing treatment you're receiving. The Disability Determination Services (DDS) will review these records meticulously, looking at treatment notes, imaging results, prescribed medications, and any physical therapy you may be undergoing. They're assessing the nature of your impairments and their longevity and potential to persist for at least 12 months or lead to mortality. A common hurdle many applicants face is the insufficiency of their medical documentation. If the medical records are sparse or fail to capture the full extent of the impairments, DDS may not find enough evidence to substantiate the claimed disability. It's important to remember that DDS relies solely on the written documentation in your medical records. They do not engage in direct discussions with you, your healthcare providers, or your personal network to gather additional insights. Therefore, ensuring that your medical records are comprehensive and accurately reflect the severity of your condition is paramount. If you're concerned that your doctor might not be documenting your condition thoroughly in your medical records or wondering whether a doctor's note stating your inability to work is sufficient for your claim, it's important to delve deeper into these issues. A detailed doctor's note can be supportive, but it must be part of a broader set of medical evidence that paints a full picture of your impairments and their impact on your daily functioning. Navigating the intricacies of Social Security Disability claims can be challenging, but understanding the importance of robust, detailed medical documentation is critical in advocating for your rights and securing the benefits you need. Back to FAQ Page

Sometimes a Judge doesn’t agree that you are disabled.  When that happens there are ways to appeal the Judge’s decision.   Appeals Sometimes a Judge doesn’t agree that you are disabled. When that happens there are ways to appeal the Judge’s decision. Appeal of the ALJ Decision Should you receive an unfavorable decision before the ALJ and are now calling us, we can file for a review of the ALJ’s decision for you. The Appeals Council will either deny the request if it feels the hearing decision was correct or will decide the case itself or return it to the ALJ for further review. Approximately 14% of cases are remanded back to the ALJ for further review. The appeals council approves less than 1% of the cases that their review is requested. Our office has been successful in getting approvals from the Appeals Council. Federal Court Review The federal court is limited in what they can do with an appeal of the ALJ decision and a refusal of the Appeals Council to send the case back to the ALJ. The Federal court cannot decide that the decision of the ALJ was wrong because the facts support a different decision. So long as “the findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive, and where a claim has been denied by the Commissioner of Social Security or a decision is rendered under subsection (b) hereof which is adverse to an individual who was a party to the hearing before the Commissioner of Social Security, because of failure of the claimant or such individual to submit proof in conformity with any regulation prescribed under subsection (a) hereof, the court shall review only the question of conformity with such regulations and the validity of such regulations.” If the facts of the case are supported by the record in any way, even if more evidence supports a different conclusion, the court will not return the matter as the ALJ’s decision was based on the evidence in the file. This is a high bar for claimants to reach, and if you are contemplating going this way, it is in your best interest to talk to an attorney before filing. As with all the prior steps, the claim must be filed with the federal district court within 60 days of the denial from the Appeals Council. Back to Our Approach Page

SSA requires a child to have a medically determinable physical or mental impairment (or combination of impairments) that results in "marked and severe functional limitations." Children and Disability For children to qualify for Social Security disability benefits, they must meet the Social Security Administration's (SSA) strict definition of disability. This requires a child to have a medically determinable physical or mental impairment (or combination of impairments) that results in "marked and severe functional limitations." The impairment must also have lasted, or be expected to last, for at least one year or result in death When evaluating a child's disability claim, the SSA considers their age, the severity of their limitations, and how their condition impacts their ability to function in age-appropriate activities compared to other children. Marked and Severe Functional Limitations Child Benefits Marked and Severe Functional Limitations refer to a level of impairment that significantly interferes with a child's ability to perform age-appropriate activities compared to other children without disabilities. Marked Limitations: A marked limitation is more severe than a moderate limitation and indicates serious difficulty in a particular domain. Severe Limitations: A severe limitation is one that very seriously interferes with a child's ability to function in a certain area. Determining Child SSI Claims How the SSA determines this: Functional Domains: The SSA evaluates a child's limitations across six domains: Acquiring and using information Attending and completing tasks Interacting and relating with others Moving about and manipulating objects Caring for yourself Health and physical well-being Comparison to Other Children: The child's limitations are assessed relative to what would be expected for their age group. Not Just Diagnosis: A diagnosis alone does not guarantee benefits. The focus is on how the medical condition impacts daily functioning. Back to FAQ Page

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