i have lupus and have a disability hearing, what questions should i ask my attorney

by Zetta Gerhold 8 min read

Does lupus qualify you for Social Security disability?

Long Term Disability carriers simply do not understand Lupus. Lupus is an autoimmune disease that causes inflammation and tissue damage to the body. It can cause a mild skin rash, achy joints, or affect organs inside your body. Lupus is unpredictable and can appear and disappear and even change.

Will every question be asked at my Social Security disability hearing?

Aug 12, 2020 · shortness of breath. headaches. confusion and memory problems. vision problems. Contact a Social Security disability attorney at 512-454-4000 for a free consultation and see if you can get disability benefits while suffering from Lupus. If you have been denied disability don’t give up!

What to expect at a disability court hearing?

May 13, 2018 · For Lupus Awareness Month, I partnered with Healthgrades.com to do an amazing series on Employment and Lupus. One topic we dove into is disability and Lupus. Here is a brief snippet of the article and a link to the full piece. I hope it helps clear up any questions you may have about this important topic! Lupus and Applying for Disability: What ...

How can I prepare for a Social Security disability hearing?

May 27, 2020 · During the hearing, the ALJ will typically begin with questioning you before allowing your attorney to do so. Throughout the questioning, you are given the opportunity to testify directly to all parties, but specially the ALJ, about your disabilities and the challenges they have posed on your day-to-day life.

What can you not say at a disability hearing?

Do not say things like, “I want to work” or “If I could work, I would.” By saying such statements, a judge may get the picture that you could possibly work. The point is that there are some people with extreme disabilities who do work but this is not the point that you should be making at your hearing.

How do you answer a disability hearing question?

Tips When Answering Disability Judge QuestionsBe direct and concise. ... Be Honest – Even if you think your answer might harm your case. ... If you don't understand a question, ask for it to be repeated. ... Be prepared. ... Contemplate your answers to key questions.

How do I prepare for a disability hearing?

Steps to Prepare for Your SSDI HearingUnderstand Your Claim. It is important to spend time reviewing your case file with your attorney. ... Prepare Your Notes. At your disability hearing, you will be allowed to use notes to help you discuss your claim. ... Gather Recent Medical Records. ... Get Expert Opinions.

Is it hard to get disability for lupus?

For Social Security's purposes, lupus qualifies as a disability when it meets these conditions: It involves two or more organs or body systems. It includes at least two major signs or symptoms, such as severe fatigue, fever, malaise, and involuntary weight loss.Feb 7, 2018

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 should I say in a disability interview?

What Type of Questions Will Be Asked at Your Disability Interview?When did your condition become disabling?What is the contact information for your doctors?What are the dates of the visits to your doctors?What are the names of medications that you are currently taking?What medical tests have you undergone?Feb 26, 2021

How do you answer an ALJ question?

When answering an ALJ's questions, we recommend to our clients that they:Stay on subject and don't ramble.Be honest.Be prepared to explain any discrepancies that may be in their record.Don't be embarrassed or offended by the judge's questions.Be specific about their symptoms, treatment and limitations.More items...•Jan 22, 2020

What questions does Social Security disability ask?

They may ask questions such as marital status, number of children, who you live with in your home and any history of military service. The SSA may also request the social security numbers of these immediate family members, in addition to their contact information in case they can't reach you.Apr 26, 2017

What does a disabled person do all day?

ADLs are important for many different impairments, and are especially important with mental disorders. ADLs include things like shopping, cooking, getting around (either by public transportation or by driving yourself), cooking, paying bills, being able to take care of your personal hygiene, and so on.

How much disability will I get for lupus?

The amount of service-connected compensation awarded for lupus is based on how severely you are disabled by lupus. The ratings vary widely, from 10% to 100%.May 21, 2021

How long does it take to get approved for disability if you have lupus?

What to expect. It can take between three and five months to obtain an initial decision. Almost two out of three applicants are denied benefits initially, and most people who file a written appeal (called “reconsideration”) also are denied.

What benefits can I claim for having lupus?

Adults with SLE may be eligible for Supplemental Security Income (SSI, for low-income people) or Social Security disability income (SSDI, for those who paid taxes into the Social Security system). The SSA details how significant the functional impairments caused by lupus must be for it to qualify as a disability.

Objective Criteria For A Lupus Diagnosis

  • There are generally accepted medical criteria that support a diagnosis of lupus. These criteria include clinical observation of symptoms by your doctor and positive lab tests for lupus. Not surprisingly, Social Security judges prefer to see lab test results that document your lupus (such as elevated SED rate, abnormal kidney enzymes, positive ANA test). In my experience, some of t…
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Approaches to Winning A Lupus Case

  • There are basically two ways to win a lupus case: 1. meet a listing at 14.02(Systemic Lupus Erythematosus) 2. residual functional capacity– prove that even if you do not meet a listing, your functional capacity for work has been so reduced by the symptoms associated with your lupus that you would not be a reliable employee. This strategy can work if you have a mild to moderat…
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Lupus Cases That Can Be Difficult

  • The cases that have been more challenging are those where a family doctor makes a diagnosis of lupus but does not refer to the published diagnostic criteria accepted by the medical community. You may also have difficulty if you do not seek on-going medical treatment with a rheumatologist for your lupus – judges expect you to be compliant with your medical regimen and to see your d…
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Case Studies

  • Lupus Disability Case Study #1:46 year old high school teacher claiming disability based on lupus joint pain, rib cage pain, fatigue and medication side effects
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