how to win a social security disability hearing without an attorney ankylosing spondylitis

by Miss Demetris Ryan 3 min read

If the judge decides to allow you to proceed without an attorney, he or she will have you sign a “waiver of the right to representation.” This waiver will say something like: WAIVER OF REPRESENTATION BY THE CLAIMANT

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Does ankylosing spondylitis qualify for Social Security disability benefits?

Jun 23, 2021 · Arrive at the hearing office on time, dress appropriately (you don’t need a suit, but skip the T-shirt and jeans), address the court as “Your Honor”, and be polite and respectful. Although the ALJ will base her opinion on the medical evidence, making a good impression never hurts. Review your case file

What happens at a Social Security disability hearing?

Mar 02, 2020 · The very first thing you should do to increase your chances of winning your Social Security disability hearing is to hire an experienced disability attorney. Yes, the Social Security Administration does allow you to represent yourself in court; however, we strongly advise against it. Statistically, applicants with legal representation at their disability hearing are more likely to …

What is the appeal process for Social Security disability?

Although ankylosing spondylitis is a relatively rare form of inflammatory arthritis, about 300,000 people in the United States suffer from this medical condition. It is not curable and can cause severe disabling symptoms. As it progresses, some people may experience severe symptoms that prevent gainful employment and may need to seek long-term disability benefits for ankylosing …

What should I do if I need a Social Security Attorney?

The keys to limiting the severe effects of ankylosing spondylitis are 1. proper diagnosis and 2. proper treatment. When the condition is diagnosed and a medication regiment is set in place to tackle the inflammation that comes with ankylosing spondylitis, it can be held in check.

Is it hard to get disability for ankylosing spondylitis?

In order to qualify for SSDI benefits with ankylosing spondylitis, a person must prove to the Social Security Administration (SSA) that the condition makes it impossible to complete job tasks with reasonable accommodation.

Can I get Social Security disability for ankylosing spondylitis?

If you have a severe case of Ankylosing Spondylitis (AS) that keeps you from working, you may be eligible to receive monthly disability benefits from the Social Security Administration (SSA). AS is a form of inflammatory arthritis that is often diagnosed in young men, but it can impact male or female of any age.

What is considered a severe case of ankylosing spondylitis?

In severe, advanced cases of ankylosing spondylitis there is a complete fusion of the bones of the spine, turning the spinal column into one long bone, which some people say resembles a bamboo stalk. It is quite rare for complete spinal fusion to occur in patients receiving treatment.

How would you describe pain to a disability judge?

Pain is often hard to describe, but you should do your best to relate your pain as specifically as possible to the judge. This would include telling the judge what type of pain you experience (burning, stabbing, etc.), how often you experience it, and how you would quantify it (for example, on a scale of 1 to 10).

What is the life expectancy of someone with ankylosing spondylitis?

It is possible to live a long life with ankylosing spondylitis. Life expectancy for people who have ankylosing spondylitis is the same as that of the general population, except for patients who have the most severe forms of the disease and for those who have complications.Jul 22, 2021

Is ankylosing spondylitis a VA disability?

Subject to the law and regulations governing the payment of VA monetary benefits, a combined 100 percent rating for the impairment to the joints affected by ankylosing spondylitis is granted.

What is the most serious complication of spondylosis?

The main complication of spondylosis is low back, mid back, or neck pain. Usually the back and neck pain caused by spondylosis is not serious, but some people develop chronic pain due to their condition. It is unusual for spondylosis to cause serious neurologic dysfunction due to nerve compression.

How painful is ankylosing spondylitis?

But the pain from ankylosing spondylitis is likely to be long lasting. You may also have neck, shoulder, hip or thigh pain, which is worse when you've not been active for a time, for example if you sit for long periods working at a desk. Some people have pain, stiffness and swelling in their knees or ankles.

What should you not do with ankylosing spondylitis?

But even if you take prescribed medication to improve your quality of life, there are a few lifestyle choices that may worsen symptoms.Sedentary lifestyle. ... Poor posture. ... Smoking. ... Doing too much. ... Not taking medication as directed. ... Being overweight. ... Lack of sleep. ... Chronic stress.Feb 5, 2018

What should you not say in a disability interview?

The following five statements should never be announced at your disability hearing.“I can't work because no one will hire me.” ... “I don't know why I'm here. ... “I don't do chores because my significant other, friend or family member does them.” ... “I have never used drugs or alcohol in my life.”More items...•Oct 17, 2014

What can you not say at a disability hearing?

Here are a couple general areas or statements to avoid unless you are specifically questioned about them.You have family members who are receiving disability or unemployment benefits.You have a criminal history.You have problems with drugs or alcohol.You haven't followed your doctor's orders or treatment plans.More items...

What conditions automatically qualify you for disability?

What Conditions Automatically Qualify You for Disability?Musculoskeletal disorders (e.g., bone, joint injuries, skeletal spine injuries)Special senses and speech (e.g., visual disorders, blindness)Respiratory disorders (e.g., chronic bronchitis, emphysema, asthma)More items...

What Is Ankylosing Spondylitis?

There are many ways to define it. It is an autoimmune disorder, an inflammatory arthritic disorder, a rheumatic disease, and one of the various spo...

Who Gets Ankylosing Spondylitis?

As much as 1% of the U.S. population may be affected by this condition. However, ankylosing spondylitis is more commonly diagnosed in men than in w...

Are Disability Benefits Available For Ankylosing Spondylitis?

AS can cause significant damage to joints and internal organs, and the pain and limitation in mobility can make work difficult. However, if disagno...

Who decides SSD hearings?

SSD hearings are decided by an administrative law judge (ALJ), not a jury. The hearing is less formal than traditional court proceedings, but you should treat it just as seriously.

How long before a hearing do you have to submit medical records?

If you’ve visited the doctor since you first filed your application, had more tests performed, undergone one or more treatments or procedures, been prescribed one or more medications – even if these treatments failed – make sure to submit those records to the hearing office at least 5 days before the hearing.

How long does it take to get a hearing in Chicago?

Although the current average wait time for an administrative hearing in Chicago is 14.9 months, it can sometimes take up to two years before a hearing is scheduled. After waiting this long, you’ll want to do everything possible to increase the chance that your application is approved.

When an ALJ asks a question, do you answer?

Don’t provide more information than necessary. It goes without saying that when the ALJ (or the attorneys) asks a question, you must answer honestly. But when it comes to testifying, the adage “less is more” applies. Often a person’s nerves get the better of them and they begin rambling when answering questions.

Can Pride be used in a disability hearing?

Pride has no place in a disability hearing. While you do not want to over-exaggerate your disability, you also do not want to downplay it either. Accurately demonstrate the extent of your disability by specifically stating how that disability prevents your ability to work. Remember, the sole purpose of your hearing is to accurately determine the extent of your suffering due to your disability. Downplaying your suffering could result in the lose of your disability claim.

Can a disability attorney handle more than one case?

This can help ensure that nothing falls through the cracks. You do not want to show up to your hearing only to find out that your attorney is missing crucial information.

Do you have to wear formal clothes to a court hearing?

While you do not need to attend your hearing in expensive, formal clothing, you should attend it clean and well-groomed. Showing up in torn jeans and a ratty t-shirt signals a sense of disrespect to the court. This will in turn reflect negatively on your case.

Can I represent myself in court for disability?

The very first thing you should do to increase your chances of winning your Social Security disability hearing is to hire an experienced disability attorney. Yes, the Social Security Administration does allow you to represent yourself in court; however, we strongly advise against it. Statistically, applicants with legal representation at their disability hearing are more likely to receive benefits than those without such representation.

Can You Qualify for Disability Benefits for Ankylosing Spondylitis?

Individuals with ankylosing spondylitis can qualify for disability benefits when they are no longer able to work to support themselves. There are two ways to receive disability benefits for ankylosing spondylitis, but it could be a long and difficult path to get benefits and keep them.

What is Ankylosing Spondylitis?

Ankylosing spondylitis is a form of inflammatory arthritis that causes the spine to become inflamed. Patients experience chronic pain and stiffness in their joints. Some scientists believe there is a hereditary connection because a genetic marker has been identified.

Symptoms of Ankylosing Spondylitis

People will commonly first feel chronic pain and stiffness, swelling, and redness in their lower back. Since there are so many causes of low back pain, it is hard to diagnose the condition at this beginning stage.

Diagnosing Ankylosing Spondylitis

To make an accurate diagnosis, doctors will physically examine the patient to test for a limited range of motion. Stooped posture is a good indicator of the disease and will prompt the doctor to order x-rays, which will show that the sacroiliac joint at the base of the spine is inflamed and may show that the vertebrae have fused.

Medical Treatment

Early medical treatment and therapy might help keep the joints from degenerating so quickly. Unlike many other conditions, resting makes it worse. Remaining active is very important. More movement and specially designed exercises for the affected area provide relief.

A Disability Attorney Can Help

Private insurance policies are difficult for a layperson to understand. Social Security law is complicated and the Social Security Administration has so many regulations it can actually take years to be approved for an SSDI claim. Either way, you have a better chance of winning their claim if you hire a disability lawyer.

How long do you have to be out of work to file a disability claim?

Note: an individual does not have to be out of work for one year before filing a disability claim with SSA. In the course of evaluating a claim, a disability examiner or judge can review the medical evidence and project whether or not the individual's condition is severe enough that it will ultimately last a full year.

What is the definition of ankylosis?

Ankylosis (fixation) of the dorsolumbar or cervical spine as shown by appropriate medically acceptable imaging and measured on physical examination at 45° or more of flexion from the vertical position (zero degrees); or. 2.

What is the cause of stiffness in the spine?

It is a spondylarthropathy and an autoimmune disorder that causes stiffening of the spine and damage to various other joints. In severe cases, it can affect the eyes (iritis), causing the need for cortisone eye drops, affect the heart (inflammation of the aorta and damage to heart valves), and can also affect essential weight-bearing joints ...

What is the biggest mistake a disability claimant makes?

Finally, the biggest mistake disability claimants make is to try to navigate the system alone. An experienced disability attorney can prepare you for your hearing and greatly increase your chances of being approved.

How long do migraines last?

Instead, try to quantify your symptoms to the extent possible: "I get a migraine headache about four to five days a week, and they usually last from four to as much as twelve hours.".

Do you have to answer an ALJ question?

If the ALJ asks you a question directly, you absolutely must answer it honestly. But your duty to tell the truth does not require you to bring up information unsolicited that might be harmful to your case. Here are a couple general areas or statements to avoid unless you are specifically questioned about them.

What is ankylosing spondylitis?

Previously referred to as Marie-Strumpells spondylitis, poker back, and rheumatoid spondylitis, ankylosing spondylitis (AS) is a term that few people will have heard of unless they've been diagnosed with the condition. Generally, it's thought of as a type of arthritis that affects the joints of the spine.

How do I file for SSDI?

If you're applying for Social Security disability insurance (SSDI), you can file your entire claim online on Social Security's website. (For SSDI, you must have enough work credits to qualify .) If you're not comfortable filling out forms online, you can call Social Security at 800-772-1213 to start your claim.

Is ankylosing spondylitis an autoimmune disease?

There are many ways to define ankylosing spondylitis. AS is an autoimmune disorder, an inflammatory arthritic disorder, a rheumatic disease, and one of the various spondylarthropathies. Ankylosing spondylitis is an inflammatory condition that can affect various areas of the body (such as the heart, the eyes, the lungs, and kidneys), ...

Can ankylosing spondylitis cause pain?

Ankylosing spondylitis can cause significant damage to joints and internal organs , and the pain and limitation in mobility can make work difficult. However, if diagnosed early and if properly treated with medications, most people can minimize the damage that results from inflammation brought on by this disorder.

Does Social Security cover ankylosing spondylitis?

The Social Security Administration (SSA) recognizes ankylosing spondylitis as a potentially disabling illness, under the ankylosing spondylitis section of its inflammatory arthritis listing (along with other spondyloarthropathies). But the agency grants benefits only to those whose spinal fusion or flexion means that their ability to see in front of them, above them, and/or to the side is limited, and thus their ability to walk is affected. Specifically, Social Security states that you must have one of the following symptoms of AS, as shown by medical imaging and physical examination:

What is an RFC?

An RFC is a detailed report that discusses the level of physical exertion you are capable of (heavy, medium, light, or sedentary) and how your AS affects your ability to do certain work-related activities, such as standing, walking, bending, stooping, reaching overhead, and sitting.

The judge may ask you questions like

Did you receive the hearing acknowledgement letter and its enclosure (s)?

This waiver will say something like

I understand my right to representation at the hearing. I voluntarily waive this right, and I request to proceed without a representative. I also acknowledge that I received a list of organizations that provide legal services prior to receiving the Notice of Hearing.

This form will look something like

I have requested a postponement of my hearing so that I may obtain a representative to help me in my claim for benefits.

What is a disability hearing?

A Social Security disability hearing is your chance to show the judge how your disability affects your daily life and why you are no longer able to work. It is extremely important to be truthful about your daily habits and your disability. If you say the wrong thing or if your statements don’t match your medical records you will lose ...

What to do if a judge catches you in a lie?

The best thing you can do in this situation is to tell the absolute truth. If a judge catches you in a lie then you can bet your case will be denied. Talk with your attorney before the hearing about how to handle the situation and you should be fine.

What happens if you don't follow prescribed treatment?

A judge will take that statement and argue that if you had followed the prescribed treatment then you would not be disabled.