Best Practices for a Successful Social Security Disability Hearing

Social Security disability hearings can induce anxiety and stress. You’ve waited years for a chance to explain to a human being why you are no longer able to work, complied with the mountain of paperwork involved with a disability application, submitted to the mystifying application and appeals process, and have waited far too long for an actual hearing date.

Waiting Time for Social Security Disability Hearings and Appeals Decisions

Average Wait Time Until a Hearing is Held (as of April 2016)

The average waiting time for a Social Security Disability hearing has increased significantly this year. The chart below shows the average wait time – in months – between the date a hearing is requested and the date a hearing is held for the hearing offices in Northern California, Reno and Honolulu.

THE FACTOR OF AGE IN SOCIAL SECURITY DISABILITY EVALUATION

By Terry LaPorte, San Jose disability lawyer

Many medical conditions occur more frequently to workers as they age into the later part of their working years. Most people are not limited by arthritis, cardiac disease, Type II diabetes, and many other conditions until reaching their 50s and 60s.

The Social Security regulations take age into consideration by essentially requiring that younger workers under age 50 go back to school, or otherwise learn a new trade if a severe illness or injury causes them to be unable to perform the only work they had carried out.

Proving Disability for Clients with Fybromyalgia

Fibromyalgia is a medical condition that is challenging for any attorney to prove under the strict standards of Social Security Disability rules. Under a new Social Security ruling, fibromyalgia symptoms are evaluated similarly to a chronic pain condition and can be a Medically Determinable Impairment (MDI) under the criteria set forth in SSR 12-2p with evaluation of symptoms including diffuse pain, fatigue, depression and difficulty with memory.