February 19, 2009 by Dirk.

I am moving this blog to a stand alone blog on wordpress at socialsecuritydisabilityblog

See my Dirk’s new blog link below and click on it.

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February 5, 2009 by Dirk.

You must appeal if your Social Security Disability is denied at the initial or reconsideration stage.

Many people are denied and do not appeal.

If this happens your case will be over if you do not appeal it. You only have a limited time to appeal.

The only way to get to the hearing stage is to appeal after you are denied.

Once you reach the hearing stage you really need to have an attorney to represent you. An administrative law judge will review your case at the trial and ask you questions.

A lawyer can explain to the judge why your medical conditions limit your activities.

A lawyer can explain to the judge why your conditions meet the Social Security Disability rules and guidelines.

A lawyer can show why the witnesses who will testify that you can perform certain jobs are wrong.

Has your Social Security Disability claim been denied? Need to talk with someone? Call Central Illinois Attorney Dirk May at 309-827-4371.

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January 29, 2009 by Dirk.

It takes over 2 years to get a hearing before an Administrative Law Judge for your Social Security Disability case in Central Illinois.

This is terrible, but it is reality. You have no control over scheduling of the hearing. Only Social Security can schedule the trial. It is not like other judicial proceedings where you can request a trial date. Social Security tells you when they are ready for you.

Not even Congress people or United States Senators can request a hearing date for you. They can request the review of your case be speeded up. However, there are no guarantees.

The backlog is extreme because there are so many cases and too few judges and Social Security employees.

Questions about the status of your case and what to do when you have a hearing scheduled? Call me Illinois Attorney Dirk May at 309-827-4371.

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January 22, 2009 by Dirk.

It is getting scary out there. Many people are losing their job. The economy is bad and there are not many openings if you do not have a job.

Lots of people are hanging on to their job as long as possible, even when they have continuing health problems.

If you were working your job and were in bad health, and then lost your job, you should file for Social Security Disability. A layoff or job termination does not prevent you from getting Social Security Disability. You must prove your health condition is keeping you from full time work at this time, however, this is not necessarily a high burden if you have ongoing health problems.

You have paid into the Social Security System all your life so you are entitled to seek disability benefits if you are no longer able to work. The money paid to you from Social Security Disability is your money.

Questions about the Social Security Disability process? Call me, Illinois Social Security Disability attorney Dirk May at 309-827-4371

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January 15, 2009 by Dirk.

You are the main witness, and usually the only witness, at your Social Security Disability Hearing. So what you have to say to the Judge is very important.Your testimony before the Administrative Law Judge:

•  should be believable; not every day is a bad day and you are able to perform some daily activities. You should not exaggerate your pain, but you also should not down play your problems either. Tell the Judge what happens to you on a typical day. It helps to reflect on what you have experienced over the past several years. It may also help to keep a journal of your limitations.
• should be descriptive; it is not helpful to use terms such as “it varies” or “it depends”. You need to be able to tell the Judge types of items you have problem lifting, or how far you can walk, and how long you can sit. You should be able to give examples of problems you have around the house, and describe your pain.
• should be clear; you are at the hearing because you absolutely cannot work a full time job. If you tell the judge you may be able to work full time or you will try to work full time then you will lose your case and not be found disabled.

If you have any questions about Social Security Disability or what happens at hearings please call Illinois Attorney Dirk May at 309-827-4371.

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January 8, 2009 by Dirk.

Sometimes people will ask me if they need an attorney for their Social Security Disability case.

You are not required to have a lawyer for your disability case. However, in some cases Social Security takes your application more seriously if you have an attorney represent you.
A lawyer can also make sure all your medical records are updated and sent to the Hearing office in time for your trial.

A lawyer can ask the proper questions of your doctor for a supportive report. 

A lawyer will also know what questions to ask the vocational expert. You must put your limitations in the best light for you to win your case.

Finally,  there is only a fee if you win the case and the fee ranges from several hundred dollars to $5,300. There is never a fee on your monthly check. Considering your lifetime benefits could total several hundred thousand dollars, the attorney fees only are 1% to 2% of potential benefits.  Not a bad return.

Questions about your Social Security Disability case? Call Illinois Attorney Dirk May at 309-827-4371. 

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December 23, 2008 by Dirk.

No gift matches the gift of Life and Light.

Let us celebrate God giving his only Son so that we may all live in peace with Him.

Merry Christmas.

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December 20, 2008 by Dirk.

It usually is a long hard road till you have your trial and get your decision from the Social Security Judge.

But the day will eventually come. And after you win several things will happen. 

You will receive a notice, typically within 30 to 60 days. It will tell you when you will receive your first monthly check and the amount. In some cases you may be entitled to SSI payments also. Your local Social Security office will contact you to set up a meeting to review your financial information to determine whether you are entitled to SSI.

If you had any minor children during the onset of your disability the Social Security Administration will want to make sure they receive benefit payments and back benefits.

You may also want to set up direct deposit arrangements for your monthly Social Security Disability payments.

Finally, once you are eligible for Social Security Disability medicaid will be available to most people, and eventually you will be eligible for Medicare.

Give me a call if you have any questions about the Social Security Disability process: Central Illinois Social Security Attorney Dirk May at 309-827-4371

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December 11, 2008 by Dirk.

Does President Obama’s election mean that Social Security Disability cases are going to be decided faster?

It is certainly more complicated than who is president. Of course, it is probably more likely with President Obama’s election that more resources may be available for the Social Security Administration.

However, there are all kinds of budget pressures from defense spending to bailout funding. The bottom line is that more staff is needed and better use of technology and increased technology spending are all needed to move disability cases faster.

The two year plus wait is terrible and inexcusable but I do not see it changing dramatically till late in President elect Obama’s first term.

The ray of hope is that the Obama Administration will be more sensitive to the needs of people with disabilities.

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December 5, 2008 by Dirk.

A trial for your Social Security Disability case is nothing like what you see on Television. 

In Central Illinois- Peoria, Bloomington, Pontiac, Champaign and Springfield- the hearing is either held in the Hearing Office hearing room, a video conference room, or a Federal Court Conference room depending on where you live. The room itself is not that large. It does not look like a TV courtroom. There is no jury. So there is not a jury box.

The only people present are the Social Security Judge, known as an Administrative Law Judge, a monitor who runs the recording equipment, the vocational expert, yourself and your lawyer.

The monitor makes an audio recording of the hearing. Later a transcript may be necessary.

The vocational expert answers questions from the judge regarding jobs that you may be able to perform based on your limitations.

The Administrative Law Judge usually will ask you many questions about your educational and work background, your medical condition, and your limitations. Social Security does not have a lawyer so the judge will ask many more questions than other types of cases.

You will then have the chance to explain to the judge how your problems keep you from working and to question the vocational expert.

If you have any questions regarding your upcoming Social Security Disability hearing please call Attorney Dirk May at 309-827-4371.

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