Feb 24, 2022 · When an ALJ doesn't agree with your alleged onset date, yet finds you disabled, it is called a partially favorable decision. In this case, the judge's opinion will explain why the ALJ disagreed with the alleged onset date and will provide the date the ALJ believes the disability began. This date is then called your established onset date.
5.1 Social Security Disability Rules if You Are Age 60 or Older. 5.2 Age 55 is the “Magic” Age: Social Security Disability Rules if You Are Between the Ages of 55 and 59. 5.3 Social Security Disability Rules if You are Age 50 to 54. 6 Borderline Age Policy: Will the SSA Consider That I am Close to Age 50 or Age 55 When Deciding My ...
Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.
Nov 20, 2018 · Be honest, expect honesty. It’s imperative that both the lawyer and the client approach one another with complete honesty, attorney Paul Edelstein, tells Reader’s Digest. “ Winning cases can ...
The first step of the analysis is usually straightforward: you may not be engaged in a substantial gainful activity, or SGA (generally, earning $1,...
At step two, the ALJ discusses whether your impairments are “severe” according to the SSA’s definition. An impairment is considered severe if it in...
At the third step of the analysis, the written opinion will discuss whether your impairment meets or equals one of the medical conditions (called a...
During this step, the decision will discuss the jobs you performed in the past, including your duties, the hours you worked, how long you were with...
Step five of the analysis is the usually most detailed portion of the opinion. In this final step, the ALJ will discuss your documented symptoms, r...
Every ALJ decision contains an assessment of your RFC, or the most you can do despite your impairments. If you're suffering from depression, anxiety, and knee pain, for example, the ALJ may decide you're limited to jobs with only occasional interaction with co-workers, no contact with the general public, and only two hours of standing per day.
If you receive an "unfavorable" decision (a denial) or a "partially favorable" decision from the ALJ, you have 60 days from the date of the denial notice to request an appeal from the Appeals Council.
The most common reason for the Appeals Council to remand a case is that the ALJ failed to give adequate weight to the opinion of the applicant's treating physician. If the doctor or mental health professional who regularly treats you has completed a Medical Source Statement or Residual Functional Capacity (RFC) form indicating that you have substantial work-related limitations, and the ALJ didn't give a good deal of consideration to these limitations, you may have solid grounds for appeal.
While it’s true that the SSA makes it easier to qualify for SSDI or SSI benefits when you are over the age of 50 or 55, meeting the burden of proof is still difficult. And it seems to get tougher to qualify each year.
It is difficult to win a case if you are under 50-years old and suffer from physical impairments only. Many people who are approved for SSDI or SSI when they are under the age of 50 suffer from a combination of physical or mental impairments, or autoimmune disorders.
Social Security Disability Rules if You Are Age 60 or Older. If you are in the 60-64 age range, then you may qualify for SSDI or SSI if: You are limited to no more than light work and do not have specific skills that transfer to other skilled or semiskilled light work that is similar to your past jobs.
Age 55 is the “Magic” Age: Social Security Disability Rules if You Are Between the Ages of 55 and 59. For many of my clients, age 55 is often the key age that separates approval and denial of disability benefit claims. This is because once you reach age 55 you can receive SSDI or SSI benefits if:
Light work is defined as a job that involves lifting no more than 20 pounds at a time with frequent lifting or carrying of items weighing up to 10 pounds. A job is also considered light if it requires a lot of walking or standing, or it it involves sitting with frequent pushing and pulling of arm or leg controls.
If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.
Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.
While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.
While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.
Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.
“In my experience, a good lawyer always finds every opportunity to keep a case from being decided by a judge, and only relents on trying a case before the bench when all alternatives have been exhausted,” attorney, Jason Cruz says. “If a lawyer suggests they want to try the case in front of a judge, you should definitely speak with another lawyer before proceeding,”
“ Winning cases can be lost because of a client who lies or exaggerates just as easily as because of a lawyer who tells the client what the client wants to hear instead of what is true.” So when dealing with attorneys, don’t just look for honesty—be honest.
When hiring an attorney, a potential money pit is “expenses” outside of the lawyer’s billable hours. Expenses include everything—copying and faxing costs, hiring expert witnesses, and even traveling via private jet, points out attorney Justin C. Roberts. Some lawyers don’t just pass the charges along; instead, they charge an additional percentage fee. Whatever their method, you need to know it up front so there won’t be any surprises when the bill arrives.
Lauren Cahn is a New York-based writer whose work has appeared regularly on Reader's Digest, The Huffington Post, and a variety of other publications since 2008. She covers life and style, popular culture, law, religion, health, fitness, yoga, entertaining and entertainment.
The time will vary to some extent between jurisdictions, so if you have an attorney you should ask them. In my area of the country, the standard process sends the decision through a set of non-ALJ decision writers before it comes back to the ALJ's desk for review and approval. That has been taking 3-4 months in our area, normally.
Receiving a written decision in the mail can take anywhere from 4 weeks to 10 weeks I've noticed. Unfortunately, it's unpredictable. I wish you the very best of luck.#N#More
It depends on the judge. Your lawyer should have a better idea. You should ask your lawyer this question.
It depends on the judge, the office and even the time of year. With that said, 8-10 weeks is the norm around here.
Which ALJ? Is this Social Security Disability? I will switch the topic for you.
Be Honest and Don't Exaggerate. The most important way to answer an ALJ's question is with honesty. Some claimants feel that if they make their symptoms sound worse than they really are, they will have a better chance at winning their claim. However, exaggerating your disability usually has the opposite affect.
Medical records sometimes contain "bad" facts. "Bad" facts can hurt your case if they are not handled properly. For example, one common problem with people who suffer from chronic pain is over-reliance on pain medication. In these cases, medical records may state that the claimant suffers from narcotic dependency or is suspected of abusing pain medication. Here, the worst thing a claimant can do is to deny the problem or try to blame the medical provider. The best answer is the truthful one—for example, that there was a problem with pain medication and you are receiving (or plan to get) treatment for the dependency, or that you switched or reduced medications to minimize the possibility of addiction. (For more information on how prescription drug use can affect your claim, see our article on whether you can get disability if you are suspected of drug overuse .)
A disability advocate can provide you with pre-hearing preparation, which will help you avoid answering the judge's questions in a way that may hurt your case and can allay any fears you may have . Additionally and, perhaps, more importantly, a disability representative can answer many of the judge's questions that arise at a disability hearing. ...
When you retain a lawyer, whether for a divorce or another issue, the lawyer is ethically charged with holding what you say to him/her as confidential.
You don't help him help you. Remember, your attorney is YOUR advocate, even if you don't always feel that's the case. However, he is not a mind reader. Your attorney can only work with what you tell him and what documents you give him to back up what you tell him.
Going through a divorce is a stressful time. It's stressful for both you as the person getting divorced and for the attorney who is representing you. There's a saying within legal circles that "criminal law deals with bad people at their best and family law deals with good people at their worst.".
Attorneys are not free. They get paid for provide you with their time, knowledge and services. Now, it's often the case in a divorce that money is tight and most attorneys are sensitive to this, but they have to pay their bills too and can't work for free. You can't expect them to work for free.
Most attorneys charge on an hourly basis, which is stated in your retainer agreement. Clients pay for an attorney's time. Your attorney is not your therapist, although I play one on t.v. I always tell clients I will talk to you as long as you want, but don't be surprised when you get the bill.
If I had to bet, I would say that one of the reasons you are getting divorced, or already divorced is because of conflicts with your spouse over parenting. It's very common and one of the more stressful phases of a divorce.
Jason Levoy, a/k/a The Divorce Resource Guy, is an attorney who teaches people without a lawyer how to navigate the divorce process and represent themselves in court.
If, for example, if a client tells his lawyer that he robbed a bank or lied about assets during a divorce, the lawyer probably can't disclose the information.
If someone were to surreptitiously record the conversation, that recording would probably be inadmissible in court.
The attorney-client privilege is a rule that preserves the confidentiality of communications between lawyers and clients. Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients ...
Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients to openly share information with their lawyers and to let lawyers provide effective representation.
The attorney-client privilege is, strictly speaking, a rule of evidence. It prevents lawyers from testifying about, and from being forced to testify about, their clients' statements. Independent of that privilege, lawyers also owe their clients a duty of confidentiality.
No matter who hears or learns about a communication, however, the lawyer typically remains obligated not to repeat it.
If, for example, if a client tells his lawyer that he robbed a bank or lied about assets during a divorce, the lawyer probably can't disclose the information. But if a client initiates a communication with a lawyer for the purpose of committing a crime or an act of fraud in the future, the attorney-client privilege typically doesn't apply.