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Communication -
I am available for questions and updates by phone or e-mail.
However, I would ask that you keep in mind the following.
Please try to call after 1 p.m. as I will be working on your
file and other files in the morning. If I am not available at
the time you call, it is helpful to leave a message on voicemail
because it allows you to go into detail and allows the staff to
work on other files. E-mail also has the same advantage. It can
take me a day or two to get back to you depending on my
schedule.
You do not need to
contact me every time you change medication or get an
injection. Typically, I want to know if you go to a new doctor,
change doctors, get an important test like an MRI or
angioplasty, have surgery scheduled or have had other
significant changes in your medical condition. I also need to
hear from you if you move, change phone numbers, or other
significant life changes. If you have questions about completing
forms, deciding what health-care direction to take, or whether
you can or should work, those typically are things I want to
discuss with you. While I would like to be able to discuss
details about your life, it simply takes away time for me to
work on your file and other files.
Timeframe
-initial level-typically, it takes Social Security around six
months to process your initial application.
Reconsideration
-this level will usually takes between two to four months.
Hearings
- in the summer of 2006, it was taking two years to get to a
hearing from the time you request a hearing.
Appeals Council
and Federal Court
-the time frames here vary quite a bit but can take years.
Timeline from
initial application to hearing
-it is taking around three years from the time of initial
application to the time of hearing.
Work
- the question often comes up whether you should work. I tell
my clients to do what it is they have to do. By that I mean if
your financial condition is such that you must generate revenue
or suffer horrendous consequences or you have an opportunity
that is too good to pass up, go ahead and work. As of 2006, if
you make more than $860 per month, Social Security will assume
you are not disabled. If you work at least six months at that
level, it may change the benefits available to you. It may
create what is called a closed period of disability. For
example, if you stopped work on January 1, 2005 and then resumed
it in December 2006, you may be entitled to benefits from
January 2005 through December of 2006.
Surgery - interestingly, I am often asked if the client should have
surgery. What I tell them is as follows. First, have you exhausted
all treatment types? Have you tried medication, physical therapy,
injections, and the like. Are you in such pain that life is
unbearable? Is there a good chance that even if the surgery fails,
your pain probably could not get worse. If you have tried all
treatment options, and the pain is excruciating and probably could
not get worse, then I recommend surgery. |
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The Hearing
- near the time of the hearing, the following will usually happen. I
will contact you about getting updated medical records. I will copy
the file and send a summary to the judge. I will meet with you to
prepare for the hearing. Normally, I will drive you to the hearing
unless it is too difficult for you to do that. By driving you to
the hearing, I assure that you will be at the hearing and we can
discuss the case. As for dress, I recommend wearing something
comfortable that is respectable with minimal jewelry and minimal
makeup. You do not need to wear a coat and tie or dress.
Forms-
you will be asked to complete several forms from Social Security in
preparation for your case. This is not rocket science. Write
legibly. Answer the questions to the best of your ability. If you
need additional space, refer to it in the original space with a
question. Typically, they want the forms faxed back if it is the
initial or reconsideration level. I can do that for you. If you
cannot fax, you can mail. Always make copies of completed forms in
the event they are lost. Try to complete them in a timely manner.
Witnesses
-there may be family or friends willing to testify on your behalf.
My experience is that judges ignore oral testimony from witnesses.
They either believe you or they do not. If you want statements from
witnesses, you can get them hand written and I can submit them.
They do not need to be notarized. They should be legible. A
statement from a past employer can never hurt. |
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