I tend to think that the most important thing a person can do before filing your application for Social Security Disability benefits is to contact his or her local Social Security office and find out what that person’s date last insured is.  This date is also known as the DLI.

Your DLI is important to an application for disability benefits because for an individual to eventually win a disability case that person needs to prove he or she was unable to work a full-time job on or before the date last insured.

This especially important to individuals who have not worked consistently over the last several years.  Pretend that Mary had a car accident in 2007 and her physical health slowly declined until she was no longer working at all in 2010.  Mary should contact Social Security to find out her DLI so that she knows the exact date she needs to prove her disability by.  Mary found out her DLI was 12/31/2011.  Even though she applied for disability in September of 2012, she had to make sure that she proved her inability to work to on or before 12/31/2011.

The best way to get your DLI is to call your local office  and ask (click here to get find out your local SSA office’s phone number).  I usually recommend that individuals call and get their DLI and earnings record.  The earnings record is a printout that show what earnings were reported to SSA during your working life.  When a person applies for disability or SSI that person should really check out their earnings record too.  Social Security used to send them out every year.  Now you can view a version of your earnings history online by going straight to Social Security’s website.

Sometimes the local office will give callers a hard time about releasing this information.  I am not sure why, but I usually advise my clients to simply say ok, and call back a few minutes later.  This usually results in a person providing the information needed.

Related articles

• “Apply Right” Social Security disability guide trailer (socialsecurityinsider.com)
• Victories (getmyssi.com)

I wanted to highlight some of our recent wins.  I always try to remember that no two cases are the same, but after a while, you start to see the same conditions over and over again.  While getting a big check for past-due benefits is nice, for most clients it still does not take away the pain of being wrongfully denied benefits on a SSI or disability application.  Too often the initial denial leads to the loss of a place to live, the loss of a vehicle, the loss of insurance, and living with no financial certainty.

1.  Fully Favorable Decision is a case involving a gentleman who was left with a traumatic brain injury and memory impairment after a motor vehicle accident.  After the car accident, he developed depression due to his decreased ability to work and the because of the constant struggles he faced from not being able to provide for his family.  We took his case on appeal and were able to get him over $15,000 in back benefits.

2.  Fully Favorable Decision for a single parent with chronic pain syndrome, chronic fatigue syndrome, and panic disorder.  The case was previously denied by a judge.  We handled the new case from the application forward and were able to obtain a victory for this single parent.

3.   Fully Favorable Decision for a younger person with uncontrolled type 1 diabetes, peripheral neuropathy, and diabetic retinopahty.  This person’s condition got progressively worse every day because no health insurance was available.  We were able to prove that this person has been disabled for over four years.  A victory here meant that this person would instantly get the medical insurance necessary to take control of the diabetes, and hopefully get back into the workforce.  Past due benefits were over $30,000.

4.  Fully favorable decision for a 51 year old woman with degenerative disc disease of the lumbar spine, spondylolisthesis, and a bulging lumbar disc.  Our work proved that she was unable to work a full-time job for several years.  Result: medical insurance, a monthly disability payment, and approximately $39,000 in past-due benefits.

Did you know that attorney B. Thomas Golden handles Social Security disability and SSI appeals?  He also handles applications, hearings, and Appeals Council appeals.  He has offices in Ionia, Michigan and in Lowell, Michigan. You can call today for a free consultation, and there is never a fee unless we win your case.  Call today at (616) 897-2900 for the Lowell office, (616) 527-9700 for the Ionia office, or toll-free at (855) 774-9467.  Let’s get you all the benefits you deserve.

Related articles

• New Phone Number
• It’s hard to win if you don’t show up to your Social Security Hearing
• Social Security Disability or SSI for Parkinsons Disease

By B. Thomas Golden.

Hey everybody, we have added a toll-free phone number to our Lowell, Michigan and Ionia, Michigan offices.  If you want to speak about your Social Security disability or SSI case, please try out our new phone number at 855-SSI-WINS.  In just numbers, that is 855-774-9467.  Give us a call today to schedule your free consultation.

The majority of our clients are from the Ionia County, Kent County, and Montcalm County areas.

Please take a few minutes and watch this video about one woman’s story of overcoming a catastrophic injury and finding new opportunities in a new life.  It deals with one of the most frustrating aspects of my job. When people who have worked their entire adult lives become disabled, they often become depressed. The physical pain and fatigue are compounded by the inability to earn a full-time income, or any income at all in a lot of cases. We get a lot of self worth by providing for ourselves and our families. When that ability to work is taken away, the adjustment period is excruciating.

I was just thinking about a client that I talked to last year. We met and spoke about his situation – his mental and physical conditions that eroded his ability to work during several decades of manual labor. Towards the end of the meeting, he looked at me and asked “what is the difference between you and those guys I see advertising on television?” I reached across the table, extended my hand and responded “you can shake my hand today, and see me in person anytime you need to talk about your case.”

Needless to say, he felt confident that having an attorney who could literally be there for him. There are other advantages of having a local attorney too. Here are a few:

1. You can stop by the office, rather than mailing things hundreds of miles and hoping that it arrives.

2. You can call and speak with an attorney. You do not have to navigate through a maze of intake specialists or case managers… just call and ask for me.

3. I have probably worked with your doctor on other cases before. I probably already know if his or her office will be likely to respond to our questions, return our calls, and try to help you as much as we do.

4. A local attorney will know the local judges. It’s hard to know what to expect from a certain judge if you have never had a case with him or her.

5. An attorney will be working on your case from start to finish. I am not always a big fan of doing things that I could ask others to do, but having my hands on your file several times helps me get a much better picture of you, which in turn, helps strengthen your case.

6. I just spoke to a client this week who had one of those big out of state outfits working on his case. For two years his buddy (an old client of mine) tried to get him to at least meet with me. We we met too late – he lost his case before the judge, and lost the appeal that follows. He said his hearing was conducted by an attorney who was having her first hearing alone, did not know who the judge was, and who seemed unable to stand up for her client.

This article about a University of Michigan study describes how electrically stimulating your brain to release its own painkillers is a potential key to lessening the blow caused by migraine headaches, and potentially other individuals with chronic pain conditions too.

It’s very common to have clients who are chronic pain sufferers who are also regularly brought to their knees by severe and long-lasting migraine headaches. Many clients are forced to seek refuge in dark and quiet rooms, with only minimal relief coming from laying down and covering their eyes and foreheads with cool washcloths. These headaches are often so severe that I often hear about light sensitivity, sound sensitivity, seeing auras, balance problems, and even vomiting.

I am particularly intrigued by the fact that the study suggests that the brain stimulation treatments can increase one’s pain tolerance. When I think of my many clients who suffer from migraines and other chronic pain, this study gives me hope that someday we be able to reduce their pain.

Related articles

• Brain releases powerful, opiate-like painkiller in repsonse to electric stimulation (gizmag.com)
• Headache & Migraine Tracker for iPhone and iPod Touch Now… (prweb.com)

Here is the breakdown from the SSA data found in December of 2012 at Social Security’s website.

On cases that get to a decision:

Fully Favorable 50.1 %

Partially Favorable 5.8 %

Unfavorable 44.1 %

When dismissals are included (I assumed the cases that were dispositions but not decisions to be dismissals). I am surprised by the number of cases that seem to get dismissed. I would assume that dismissals fall into two broad categories – failing to appear at a hearing, or requesting that the claim for benefits be withdrawn.

Dismissed 22.9 %

Fully Favorable 38.7 %

Partially Favorable 4.5 %

Unfavorable 34.0 %

Related articles

• Benchslap: Posner Schools ALJ on How to Be a Judge (blogs.findlaw.com)

Well, it happened again last week – I could hear a judge lamenting the fact that a person who had a disability hearing scheduled did not show up.  From the sounds of it, the judge was ready to approve the case, but wanted to see the claimant in-person.  While this person’s case will probably not be thrown out without the judge asking the person to explain him or herself, it is certainly going to delay things. And if there is one thing I can say about most of my clients, it’s that they need money and insurance sooner rather than later.

The Social Security Administration has a guidebook called the HALLEX.  SSA has the following to say about the HALLEX:

Through HALLEX, the Deputy Commissioner for Disability Adjudication and Review conveys guiding principles, procedural guidance, and information to Office of Disability Adjudication and Review staff. HALLEX defines procedures for carrying out policy and provides guidance for processing and adjudicating claims at the hearing, Appeals Council, and civil action levels.

This HALLEX section deals with a no-show claimant.  Most likely a notice to show cause will be issued.  This will place the burden on the missing claimant to explain why he or she did not make it into the hearing.  If the judge finds that good cause was established, then the hearing will be rescheduled.  If the judge finds that good cause was not established, the case will likely be dismissed.  The judge is urged by HALLEX to consider the following:

At the end of the day, it is best to show up to your hearing.  If you have a good reason for missing it, you might get a second chance.  Why increase the time your case takes?  Most people are waiting between one and two years to get their hearings scheduled.

Attorney B. Thomas Golden practices Social Security disability and SSI law from his offices in Ionia, Michigan and Lowell, Michigan.  He can be reached by calling (616) 897-2900 or (616) 527-9700.  Initial consultations are always free. So if you are wondering about how to apply for disability benefits, or wondering how to appeal a denial of Social Security benefits, please call us today.

For the past several years I have had the privilege to represent Michigan Social Security attorneys through my service as a council member to the Social Security Lawyers Section of the State Bar of Michigan. Today is my last day as Treasurer of the section.

Our section strives to improve the representation of disabled individuals through education advocacy, and seminars. It has been a great learning experience. I am often humbled to be in such knowledgable company. In my office, in my building, in my small town, I must admit that sometimes I feel like a big shot; but put me beside these skilled advocates and I know I will forever be learning about disability representation.

Don’t count me out just yet, for as far as I can tell I will move on and become the Secretary of the Section. I truly cannot wait to continue my growth as a disability attorney. This is the one area of law that keeps my attention, and while I have no idea what the future holds, I know at hundreds of people are counting on me.

Even though the laws are the same, judges are denying more cases than ever. Nobody judge to be singled out for “giving away” too much money. Nobody wants to end up on the front page of the newspaper for awarding benefits to some scam artist or drug attic. Some people are shying away from this practice, but it only makes me want to dig in even more. I know I appreciate each victory more than ever, and my clients seem forever-grateful for the help. Who would want to do anything else?

I would like to spend a little bit of time answering some routine questions I get about ALJ hearings.

Where will it be?

You will need to look at your Notice of Hearing to determine where your hearing is.  The Notice of Hearing will give the time, date, and location of your hearing.  I was reminded of this simple lesson recently when certain Grand Rapids hearings started to get scheduled at the Field Office instead of the ODAR office.  The location of the hearing will also be on the form called  Acknowledgement of Receipt (Notice of Hearing).  I advise clients to arrive about 45 minutes early.  This usually gives a person enough time to get lost, find the building, find a parking spot, and still have time to check in before the hearing.

Who will be there?

A typical hearing has only a few people in the room.  The judge will be there, along with a hearing monitor.  The monitor makes sure a good recording is made in case anybody needs to listen to the audio of the hearing.  You will be there – well, at least if you want a decent shot to win your case.  There is usually a Vocational Expert at the hearing too.  This person tells the judge what type of work you did in the past, and he or she will also answer some hypothetical questions regarding a person with the same age, education, work experience, and ability to do work-related activities.

Can I bring witnesses?

You can always ask to have a witness testify.  Some judges will allow it, some judges say no, and other judges are somewhere in between.

Is it open to the public?

No, it’s not like a regular court room where people can wander in and out.  If you are not part of the case, you will not be going into the hearing room.

How long will the hearing take?

There is no good answer to that question.  I have had hearing that lasted five minutes, and I have had hearings that lasted two hours.  It depends on the claimant, the judge, vocational expert, the evidence, and about a hundred other things.  I would say the average hearing takes about 40 minutes.