Office of Inspector General More Involved in the Hearing Process, Makes Representation More Important.

ImageThere is a renewed movement to make the Social Security Disability process adversarial. The argument is that there should be someone at the administrative level representing Social Security, however in addition to making an already frustrating process more anxiety ridden and prolonged, it will effectively double the cost of the hearing for the administration by having another attorney, at the administrations expense, at each hearing.  There is a frustration among the judges that they don’t get the whole story, recently ALJ D. Randall Frye wrote an Op Ed in the New York Times Fixing the Disability Courts Judge Randall advocates for changes including an administrative representative at the hearing. 

Other judges have taken to employing the Office of Inspector General (OIG), sort of like the Private Detectives for the Social Security Administration.  These OIG investigators have typically been used to look for fraud and in cases of Continuing Disability Reviews. However, this is for people already on benefits. Now Judges have taken to requesting OIG to investigate people applying for benefits.  This investigation extends the time waiting for a hearing and creates a more adversarial relationship at the hearing.  Often times a claimant will be unaware that they are under investigation while applying for Social Security disability benefits.  This along with all of the other many federal regulations is the reason to pursue a disability application with the assistance of an experienced attorney.

 If you have any questions about the future of Social Security Disability or any other questions about the Social Security Disability processes please call Attorney Patrick B. Cavanaugh at 1-800-342-3352 for a free consultation. We are located in Omaha, NE at 6035 Binney Street, directly west of the Benson library. http://www.thecavanaughlawfirm.com

 

 

Published in: on February 21, 2014 at 2:40 pm  Leave a Comment  
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How does Education Affect my Eligibility for Social Security Disability Benefits?

The Social Security Administration (SSA) looks at various factors when deciding if you meet their definition of disability. Nebraska and Iowa Social Security disability lawyer, Patrick B. Cavanaugh, often discusses with his Nebraska and Iowa neighbors just what these factors may include. The Social Security Administration will consider a person’s age, education, and work experience when analyzing a claim. 

The Social Security Administration recognizes that individuals with a lower education have fewer jobs in the national economy available to them. This does not mean individuals with a higher education cannot receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. It just may be a little more difficult to win their claim.  The Social Security Administration may take into consideration not only the education level of the claimant, but also the age and prior work experience when making a determination.

It is also important to note the Social Security Administration may also consider any vocational training or schooling an individual may have. This is all in an attempt to evaluate the number of jobs that may exist for a claimant in the economy.  Remember the question is: are you able to work eight hours a day 40 hours per week? To determine that, one must view the whole picture to come up with an answer.

The rule in the 8th circuit (the judicial region for Nebraska and Iowa) for Social Security disability hearings, is that a vocational expert or “job expert” is present and is required to give testimony with regard to a hypothetical person with your disabilities combined with your age, education, and prior work experience whether there are jobs that the hypothetical person can perform.  Their answers are generally based on statistical analysis and personal experience and observations in their occupation.

Nebraska and Western Iowa disability attorney Patrick B. Cavanaugh handles claims for a wide range of disabling conditions such as diabetes with neuropathy, cancer, fibromyalgia, depression, heart conditions, and epilepsy just to name a few.  If you have been denied your disability benefits or have questions about the claims process contact Mr. Cavanaugh at 800-342-3352 for a free case evaluation.

How does Education Affect my Eligibility for Social Security Disability Benefits?

The Social Security Administration (SSA) looks at various factors when deciding if you meet their definition of disability. Nebraska and Iowa Social Security disability lawyer, Patrick B. Cavanaugh, often discusses with his Nebraska and Iowa neighbors just what these factors may include. The Social Security Administration will consider a person’s age, education, and work experience when analyzing a claim. 

The Social Security Administration recognizes that individuals with a lower education have fewer jobs in the national economy available to them. This does not mean individuals with a higher education cannot receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. It just may be a little more difficult to win their claim.  The Social Security Administration may take into consideration not only the education level of the claimant, but also the age and prior work experience when making a determination.

It is also important to note the Social Security Administration may also consider any vocational training or schooling an individual may have. This is all in an attempt to evaluate the number of jobs that may exist for a claimant in the economy.  Remember the question is: are you able to work eight hours a day 40 hours per week? To determine that, one must view the whole picture to come up with an answer.

The rule in the 8th circuit (the judicial region for Nebraska and Iowa) for Social Security disability hearings, is that a vocational expert or “job expert” is present and is required to give testimony with regard to a hypothetical person with your disabilities combined with your age, education, and prior work experience whether there are jobs that the hypothetical person can perform.  Their answers are generally based on statistical analysis and personal experience and observations in their occupation.

Nebraska and Western Iowa disability attorney Patrick B. Cavanaugh handles claims for a wide range of disabling conditions such as diabetes with neuropathy, cancer, fibromyalgia, depression, heart conditions, and epilepsy just to name a few.  If you have been denied your disability benefits or have questions about the claims process contact Mr. Cavanaugh at 800-342-3352 for a free case evaluation.