Types Of Questions To Expect At Your Social Security Disability Hearing

 

Many individuals who attend a Social Security Disability Insurance and/or a Supplemental Security Income hearing are nervous about appearing before an Administrative Law Judge. Nowadays, the lion-share of our hearings are conducted by telephone or video, but we do occasionally have in-person hearings.  Regardless of whether your hearing is in-person or virtual, the types of questions are the same. For many people, this is the first legal proceeding that they have ever attended and it can be very intimidating. To help you prepare for your upcoming hearing, we have made a list of questions that are commonly asked at your hearing.

1.        What is your name and address?

 

2.        What is you date of birth?

 

3.        How old are you?

 

4.        How far did you go in school?

 

5.        When was the last date that you attended school?

 

6.        Are you in school now?

 

7.        Did you ever attend a trade school or have some other type of vocational training?

 

8.        When did you last work?

 

9.        What was your last job title?

 

10.    What were your tasks and duties at this job?

 

11.    How much weight did you lift at this job?

 

12.    Was it a sitting or standing job?

 

13.    What other work have you performed in the last 15 years?

 

14.    What is preventing you from being able to work?

 

15.    What made you stop working on a particular date?

 

16.    What are your symptoms?

 

17.    What do you do to relieve your pain?

 

18.    Are you right or left-handed?

 

19.    Do you use contacts or glasses?

 

20.    Can you drive a car?

 

21.    If you can drive a car, do you have any restrictions on driving?

 

22.    What is your level of pain on a pain scale? Zero being no pain and ten being pain severe enough to force you go to the emergency room.

 

23.    What types of treatment have you tried?

 

24.    Have you had any surgeries?

 

25.    Have you had any hospitalizations?

 

26.    What were your hospitalizations for?

 

27.    Do you have any side effects from your medications?

 

28.    Are you able to concentrate while watching a television program?

 

29.    Are you able to read and understand a page in a book?

 

30.    How long can you sit?

 

31.    How long can you stand at one time?

 

32.    How long can you walk at one time in terms of minutes or city blocks?

 

33.    How much weight can you lift at one time in terms of pounds?

 

34.    Do you require an assistive device to help you walk or stand? Which device?

 

35.    Where do you live?

 

36.    Who do you live with?

 

37.    What type of dwelling do you live in?

 

38.    Does your home have any stairs?

 

39.    Who does the chores in your household?

 

40.    Who does the cleaning?

 

41.    Who does the cooking?

 

42.    Who does the grocery shopping?

 

43.    Who does the laundry?

 

44.    Do you have any children? Who cares for them?

 

45.    Have you traveled at all since you applied for disability? Where?

 

46.    Why can’t you perform a sit-down job?

 

47.    Why can’t you perform a job that allows you to sit and stand at will?

 

48.    Have you ever abused alcohol or drugs?

 

49.    What is your date of sobriety (if the claimant is in a recovery program)?

 

50.    How have you been supporting yourself since you stopped working?

 

51.    Is there anything else that you would like to tell me that is important to your claim?

 

While the Administrative Law Judge or your attorney may ask you additional questions based on your specific disability, the above questions are representative of many of the general types of questions that you will hear at your hearing. Be open and honest when answering these questions. Listen carefully to what the Administrative Law Judge, or your attorney is asking you, so you stay on track when responding. Always answer questions succinctly.

Got a question that you need answered? Please check out our website at www.westcoastdisability.com . We try to provide you with valuable information on our website that may help you navigate the Social Security Disability process. Also, feel free to shoot me an email at megan@westcoastdisability.com or call us at (800) 459-3017 x 101.

SSA Announces a Cost-of-Living Adjustment (“COLA”) for 2024

The Social Security Administration has announced this month a 3.2 percent benefit increase for 2024. This cost-of-living adjustment (“COLA”) will begin on December 29, 2023 for Supplemental Security Income (“SSI”) beneficiaries. Social Security Disability Insurance (“SSDI”) and Social Security Retirement recipients will see the effects of the COLA in their January 2024 benefit payments. This COLA will affect the more than 71 million Americans who receive monthly Social Security and Supplemental Security Income benefits.

Additionally, the maximum amount of earnings subject to Social Security tax will be increased from $160,200 to $168,600.

For more information on the 2024 COLA adjustment, please visit Social Security’s website for more details.

Got a question that you need answered? Please check out our website at www.westcoastdisability.com . We try to provide you with valuable information on our website that may help you navigate the Social Security Disability process. Also, feel free to shoot me an email at megan@westcoastdisability.com or call us at (800) 459-3017 x 101.

The Social Security Administrations Announces 12 New Compassionate Allowances Conditions For 2023

 The Social Security Administration (“SSA”) added 12 new Compassionate Allowances conditions to the Compassionate Allowances program. This brings the total number of conditions on the list to 278. Disabilities that comprise the Compassionate Allowance list represent the most serious disabilities that affect individuals. The purpose of the program is to expedite disability decisions, so individuals suffering from these severe diseases receive their benefit decisions as quick as possible. Nearly 900,000 people with life-threatening disabilities have received their benefits through this expedited process.  The new additions include:

1.      1p36 Deletion Syndrome

2.      Anaplastic Ependymoma

3.      Calciphylaxis

4.      Cholangiocarcinoma

5.      FOXG1 Syndrome

6.      Leber Congenital Amaurosis

7.      Metastatic Endometrial Adenocarcinoma

8.      Paraneoplastic Cerebellar Degeneration

9.      Pineoblastoma – Childhood

10.  Primary Omental Cancer

11.  Sarcomatoid Carcinoma of the Lung – Stages II-IV

12.  Trisomy 9

To see a complete list of all the impairments which qualify for the Compassionate Allowances program, visit this website: https://www.ssa.gov/compassionateallowances/.

Got a question that you need answered? Please check out our website at www.westcoastdisability.com . We try to provide you with valuable information on our website that may help you navigate the Social Security Disability process. Also, feel free to shoot us an email at megan@westcoastdisability.com or call us at (800) 459-3017.

President Biden Plans To Nominate Martin O’ Malley To Head The Social Security Administration

 President Biden announced last month that he plans to nominate former Maryland Governor, Martin O’ Malley, to head the struggling Social Security Administration (‘SSA”).  As both employee and consumer dissatisfaction plague the SSA, it is frankly amazing that anyone would want to be the Commissioner of the SSA. It someone came to me and said, “We have this impressive ocean liner named the Titanic that is about to set sail from Southampton, England. Would you be interested is piloting the ship?” I would take a hard pass. Luckily for SSA, there is someone who apparently thinks he can overt the iceberg that SSA has been steadily approaching the past several years. Here are some interesting facts about him:

1.      He was the Governor of Maryland from 2007 to 2015 and has an impressive record when it comes to creating jobs, tax reform, expanding healthcare, and reducing crime.

2.      He previously served as Maryland’s Mayor.

3.      He is a lawyer (but don’t hold that against him).

4.      He ran for President in 2016.

5.      He utilizes technology to manage employees and to improve customer service.

6.      His family originally hails from Galway, Ireland, and he is in a Celtic rock band. He even plays a penny whistle (I promise…it is a real instrument).

7.      The nation’s largest federal employee union has endorsed him.

 I know little about him, but I like what I have read about him so far. If appointed, O’Malley’s success will be dependent on whether he is provided an adequate budget to fix all the pervasive problems at SSA. If he turns SSA’s sinking ship around, I will be both surprised and impressed, but I never bet against an Irishman (or an Irishwoman for that matter)!

 Got a question about SSDI or SSI that you need us to answer? Please check out our website at www.westcoastdisability.com . We try to provide you with helpful information on our website that will allow you to successfully navigate the Social Security Disability process. Also, feel free to email me your questions at megan@westcoastdisability.com or call me at (800) 459-3017 x 101.

Don't Get Scammed!

I have been noticing an increase in calls by scammers claiming to be from the Social Security Administration ("SSA") or Internal Revenue Service ("IRS"), hoping to convince callers to reveal private information that will allow the scammer to access private financial information. This happens every year, but it seems to be ramping up again. SSA has published some tips to help you avoid falling for the shenanigans that these schemers pull: https://www.ssa.gov/scam/

Here are my own personal tips to avoid being scammed:

1. SSA rarely calls people. Have you ever tried to call SSA? You have a limited chance to get through their phone lines due to staffing issues and time constraints.  Almost all business is completed by written letter. However, an SSA employee may call a person occasionally to verify some information to process benefits. If an SSA employee does call you, the employee will identify which office he or she is calling from. Most employees have a 5 digit extension, so you can ask for the extension and local SSA field office number if you need to validate whether the SSA employee is truly calling from a SSA field office. 

2. SSA may call you to confirm your direct deposit information if you were recently awarded benefits. As long as you have a "My SSA Account," you can add your direct deposit information electronically. Here is the link to setup or login in to your "My SSA Account": https://www.ssa.gov/myaccount/?gclid=Cj0KCQjw2eilBhCCARIsAG0Pf8v_lHZZT7kExOurTd1YNIZrNqj81zrUAWfOIBSursfjCVWUMClN1xIaAp0jEALw_wcB . The website is very user friendly, but if you struggle with technology, you also can call the (800) 772-1213 number. When you hear the prompt, "How can I help you today?" say "direct deposit." You will need to provide your current direct deposit routing number and account number to change your information over the phone.

3. SSA will not threaten you and they do not call their employees "officers." Every time I get one of these scam calls, the person identifies himself or herself as  "Officer So-And-So" and immediately starts to strong-arm me. SSA is NOT a law enforcement agency. They have caseworkers and analysts, but not "officers," beyond the one security officer who sits in the lobby of each SSA office.  If someone calls you and pretends to be an "officer with SSA" and starts threatening you with jail time or financial penalties if you do not provide a credit card number or access to a bank account over the phone, hang up. 

4. SSA employees rarely give out their emails. I have handled over 3,000 cases and I probably have emailed with an SSA employee 5 times in my 19 year career. SSA doesn't want claimants, or attorneys, to have an easy way to contact them, so they do not give their work email addresses out. If you get an email from someone claiming to be an employee at SSA, it is likely fake. If in doubt, check and see if the email handle is "SSA.gov" because that is the email handle that SSA employees use. Often scammers' emails or websites are one digit off. 

Got a question about SSDI or SSI that you need us to answer? Please check out our website at www.westcoastdisability.com . We try to provide you with helpful information on our website that will allow you to successfully navigate the Social Security Disability process. Also, feel free to email me your questions at megan@westcoastdisability.com or call me at (800) 459-3017 x 101.

SSA Expands Outreach For Supplemental Security Income ("SSI") In Spite Of The Fact That Enrollment For Children Is Down When It Comes To SSI

Last month, Kilolo Kijakazi, the Acting Commissioner for the Social Security Administration  ("SSA"),  announced that the Administration was attempting to expand its outreach to those in critical need of financial and medical help by promoting the Supplemental Security Income ("SSI")  program. 

Often referred to as Title XVI benefits, the SSI program is designed to operate as a “needs-based” program.  SSI is for individuals living in severe poverty that are either disabled, or have reached their full retirement age, and have limited economic resources. 

To qualify for SSI, your countable resources cannot exceed more than $2000 as an individual and $3000 as a couple. Owning one automobile, one house, and one wedding ring will not disqualify you for this program. Not only do recipients receive a cash benefit if they qualify for SSI, but you also receive Medicaid, or what we refer to as MediCal, in California. You do not need to have a recent work history to qualify for this program, so disabled children are also eligible for this benefit, but  finances and immigration status can affect eligibility. If you are under the age of 18, parental income also affects eligibility. 

SSA is utilizing a variety of mediums to promote the program, by creating radio and television spots, issuing public service announcements, creating signs, flyers, mailers, and other physical products for distribution.

In spite of this announcement,  National Public Radio ("NPR") presented a segment this week on "All Things Considered" that profiled the drop in SSI beneficiaries among children, due to the harsh financial  requirements one must meet to qualify for the program, as well as the difficulty that people have applying for the program. These access problems are due to SSA's staffing problems and basic incompetence when it comes to processing paperwork in general.  

Will SSA's outreach make a difference to the disabled children who most desperately need access to the program? Only time will tell. 

Got a question about SSDI or SSI that you need us to answer? Please check out our website at www.westcoastdisability.com . Also, feel free to email me your questions at megan@westcoastdisability.com or call me at (800) 459-3017 x 101.

 

SSA Revamping The Hearing Scheduling System

The Social Security Administration ("SSA") is changing the way that they schedule disability hearings.  Many moons ago, when I started practicing Social Security Disability law in 2004, a scheduler from the local hearing office would call us with available dates for our clients' hearings. Simple, right? A few years ago, SSA made the scheduling process much more complex, by having attorneys submit their "unavailability" to them 5 months in advance of the scheduling month. For instance, I would let SSA know in May which days I was unavailable for hearings in October. SSA could then fill my calendar any way that they wanted to. I have a boutique practice, so it was never an issue for my firm, but I heard this process created chaos for larger and national firms. 

Now, SSA is in the final testing stages of yet another change in scheduling protocol. The new system is called Enhanced Representative Availability Process, or ERAP, because there is nothing that SSA loves more than a good acronym! I have an upcoming training class about the new procedures on May 31st, but even the description of the program sounds convoluted and a recipe for disaster: https://www.ssa.gov/appeals/scheduling_process.html. 

Once I complete my training, I am apparently placed in a Designated Scheduling Group ("DSG"). Then there is some sort of email encryption setup and we are on our way to scheduling. Want to know a telltale sign that this likely won't work? Get a look at the email address  that we are supposed to email if we have any problems: OHO.NSD.NSS.ELU.DSG.REP@ssa.gov ? I am pretty sure this email handle was created by either C3PO or R2D2, just to ensure that we cannot get through to SSA with questions. It is downright comical. 

SSA is notorious for taking a simple process and adding steps to make it into a circus. I truly do not understand why they do not hire outside professionals with experience in making processes more efficient and lean, but the current motto at SSA seems to be "If it is already broken, why try to fix it?" We have noticed a drastic slowdown in hearing scheduling in 2023. SSA is blaming it on the backlog and lack of staff. Politicians are blaming it on SSA's continued remote working protocols, which allows some leeway in productivity. Meanwhile, fewer and fewer hearings are being scheduled in a timely manner.

If you want a rough estimate of timeframe at the hearing level, visit https://disabilityjudges.org/, this website is updated with statistics from the Freedom of Information Act ("FOIA"). If you click on California, you will see that the fastest hearing office in California is in San Bernardino and it is running 471 days behind in scheduling. The slowest hearing office is in Fresno and it is taking them approximately 744 days to schedule a hearing. Keep in mind that these statistics are just addressing the waiting periods at the hearing level. These timeframes do not include the waiting periods at the initial application and reconsideration levels.

The bottom line is that SSA seems to be falling behind in getting hearing scheduled. I doubt the new scheduling system with help improve timeframes, but I really hope SSA does something to improve hearing efficiency.

The reality is if you commit a crime, you are entitled to a speedy trial. If you are disabled, you wait and wait and continue to wait. Doesn't seem fair, does it? 

Got a question about SSDI or SSI that you need us to answer? Please check out our website at www.westcoastdisability.com . We try to provide you with helpful information on our website that will allow you to successfully navigate the Social Security Disability process. Also, feel free to email me your questions at megan@westcoastdisability.com or call me at (800) 459-3017 x 101.