Best Practices for a Successful Social Security Disability Hearing

January 18th, 2017

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

May 19th, 2016

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.

What to Expect at Your Hearing

November 26th, 2013

After seeing courtrooms in television dramas, you may be led to believe this to be representative of what you can expect at your disability hearing. This, thankfully, is not the case. Your hearing is private, and only your attorney, the judge, and any testifying doctors or witnesses will be present.

SSA Regulations on Evaluating Symptoms in Disability Cases

November 1st, 2013

It is acknowledged by the Social Security Administration (SSA) that symptoms can affect and limit people differently person to person. A disability lawyer in San Jose wants to help you understand the SSA regulations in determining abilities of patients.

How the Duration Requirement Affects Your SSD Case

November 1st, 2013

One factor affecting a decision in a Social Security disability case is meeting the duration requirement. According to a San Jose disability lawyer, your impairments must have lasted or be expected to last for a continuous period of 12 months, unless your impairment is expected to result in death.

Are You Disabled “Enough” to Apply for SSD Benefits?

November 1st, 2013

There is a clear difference between being unable to work and being found "disabled" by the Social Security Administration (SSA). A San Jose disability attorney wants to help you understand how "disability" can be defined and some criteria for applying for disability benefits.

THE FACTOR OF AGE IN SOCIAL SECURITY DISABILITY EVALUATION

October 29th, 2013

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.

Reopening an Earlier Application

July 10th, 2013

Did you give up on an earlier application for Social Security disability benefits after it was first denied? If the answer is yes, it may be possible for your attorney under limited circumstances to reopen the earlier application, which could provide you with significant additional past-due benefits.

Proving Disability for Clients with Fybromyalgia

October 17th, 2012

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.

Multiple Sclerosis and Social Security Disability

July 19th, 2012

Claims for Social Security Disability benefits are often difficult to prove under the very strict Social Security rules. A diagnosis alone does not necessarily mean that the disorder as manifested in any particular individual will meet or equal Section 11.09 of the Listings of Impairments and will result in an award of benefits.