You will probably need a lawyer to appeal your case to the federal court. If you get SSDI, you will have a waiting period of 24 months to qualify for Medicare. (however I am not sure about this 100% as he is your stepson. Your case file was sent to an Administrative Law Judge’s Hearing Office. If you are denied Social Security Disability benefits at a hearing, it is natural for you to think that there is no hope that you will be approved for SSDI benefits.And to be sure, being denied after this hearing is a definite setback for someone seeking benefits, especially if they cannot engage in work that earns enough money to live on. The monthly worker’s compensation benefits you receive will result in an offset. If you can afford to, hiring a lawyer to work with you as you put your paperwork together will give you the best chance of being approved. You must be younger than your full retirement age when you apply in order to qualify for SSDI. Hi I am new to this board, HELLO!! At your hearing be honest about this. First, let’s review the Social Security definition of disabled. If you had decided to apply for disability, I wouldn't be saying that I hope you won't get it because you are still able to perform your teaching job. Some people wait more than a year to receive their day in court and to be scheduled for a Social Security Disability hearing. MEDICARE. My lawyer said "you won" after the hearing. To help you maximize your opportunity of getting approval, I’ve collected seven of the top tips from experts. If it does not happen automatically for you, contact your local Medicaid office and let them know you would like to enroll. Please take the time to cast your vote if the poll pertains to you so others can learn from your experiences. Yesterday, the status was updated to the current top line, which is: 02/12/2019 Appeal Under Review A medical decision has been made and we are working to process your decision. SSI and SSDI - Missed my disability hearing What do I do if I missed my Social Security Disability Hearing? The 24 months start the day you first qualify for SSDI. The likelihood of winning a disability case depends on several factors, such as-- 1) Your medical history. Social Security Administration (SSA) hearings are not like regular courtroom hearings. Finding out that you have been denied for Social Security Disability Insurance (SSDI) can be devastating. If you want your disability claim to have a better chance of being approved at your initial disability claim or at your request for reconsideration appeal there are a few things you can do. The amount you received from SSDI is a function of what you paid in. Update: January 26, 2012 A new policy change has gone into affect at the SSDI hearing stage. 3) If you receive SSI your son will not get a check. An administrative law judge (ALJ) presides over a disability hearing. Often people fear that the ALJ will think they're whining or complaining, but this worry is misguided. I have a question about my hearing for SSDI. Your award letter should give you some idea of when you can expect to receive your first payment. Hi: A word of caution: DON’T take your disability hearing lightly because lack of preparation and/or one itzy bitsy little slip-up could cost you your benefits! It is my hope that this policy will be changed. That’s why having your SSDI … If you apply for SSDI and qualify for it two months later, your monthly benefit would go up to $1,000, and you'd be repaid the $300 for each of the months you received a reduced benefit. Review the SSDI Blue Book to make sure you have provided enough evidence that you are disabled and cannot work and that you qualify for coverage. If you already reached your full retirement age, you’ll receive regular Social Security benefits for retired individuals instead of SSDI. Dec 18, 2018 - “Will the Social Security disability judge approve my case?” I get this question daily on my YouTube channel and in emails or blog comments. Your attorney will normally do this for you. You're at the hearing to talk about the day-to-day limitations that prevent you from working, so don't minimize your symptoms. Once approved, you are likely to remain eligible for SSDI benefits as long as you remain disabled. Good luck! Following a disability Hearing, you will generally receive a written decision within 60 days. :) Ok, I had my disability hearing today, I have a lawyer, he said it went well. You must make this request within 60 days of your unfavorable hearing decision. If you were denied disability benefits and then also denied benefits at your reconsideration, your claim will progress on to a disability hearing. Cronic pain is very debilitating and experiencing it and trying to hold down a job when you may need to be absent because you can't get out of bed is difficult to deal with. (According to the SSA, that usually means you haven’t turned 65, 66 or 67 yet, depending on your birth year.) In fact, most Social Security disability hearing offices are so backlogged with cases that it takes over a year, or more, to get an administrative law judge hearing. He asked questions, the judge asked questions. So now I will start receiving SSDI along with Medicare, which will allow me to get the therapy I desperately need. I asked what that meant … But there are some factors that could work in your favor and help you win a claim for SSDI or SSI benefits. My questiong is … We started reviewing the case and developing evidence to support your hearing request. If you can document the severity and ongoing nature of your disability through medical records, preferably from your treating physician, you are more likely to win benefits. If your annual earnings were in the $75,000 range your monthly SSDI benefit will be in the $2,000 + range. He merely stood up, looked at the attorney and I and said he had heard enough, looked at the VE and said he did not need him and then it was over--court dismissed. If you get SSDI, you need to know that you are not required to follow all the SSI financial regulations, so you don’t make yourself crazy for no reason. I know for a fact biological children would receive a check in the case of SSDI) 4) Can't say as each state has different payout amounts. Your notice of hearing will no longer include the name of the ALJ who will hear your case. Your eligibility for SSDI benefits may change, however, if your health improves or you make a decision to return to work. Your DIB (SSDI or Title II) benefits will be reduced so that the combined amount of the DIB (SSDI or Title II) benefit you and your family receive plus your workers’ compensation payment does not exceed 80 percent of your average current earnings. Your hearing is your best chance for winning disability benefits. If your condition improves or you go back to work, it is your responsibility to inform the Social Security Administration. I actually won. If you haven't received payment by the date specified in your award letter, I would suggest calling your local Social Security office. In many states, this will move your case to what is referred to as the reconsideration stage. It is not uncommon for your benefits claim to be denied initially. If you are let go from your past work, that, in and of itself, is supportive evidence for your inability to maintain employment on a regular and consistent basis. For example: If a disability is preventing you from maintaining gainful employment, you are likely to need the type of financial assistance that SSDI can provide. If you have kids, you also need to know that you can probably get extra benefits for your kids, and possibly for your spouse. While two-thirds of appeals are won at the hearing stage of the disability claim process, you need to make sure you do everything you can to help turn the tables in your favor. The guy on the phone said that my case is in "post." How you used your hands, arms and legs ; Speaking, hearing and vision requirements of your job(s) Environmental conditions of your workplace(s) We also need to know about any requirements of your past job(s) that caused you to change how you did your work or that you could not meet because of your medical condition(s). If the Appeals Council refuses to review your case or decides against you, you have another 60 days to appeal to the U.S. District Court in your area. Prior to the hearing, your case was evaluated by a State Agency Adjudicator – a government employee who you did not meet face to face and whose evaluation of your case was based on your medical records only. Before your hearing, make sure to look at the application you made for disability benefits and the supporting medical report. Thus, you may still be able to win SSDI benefits even after your claim is rejected. If your records contain bad facts such as a history of over-reliance on pain medication or failure to stick to prescriptions, prepare to explain these at the hearing. If this happens, you have the right to file an appeal. So, if your backpay starts two years ago, your Medicare starts right now! Administrative Law Judge Hearing Polls. If your annual earnings were in the $20,000 range you are more likely to be looking at $1,000 or $1,250 per month. However, it is still worth it to check on the status of your case at least once after you file a request for hearing to make sure the SSA hasn't lost your appeal paperwork. If you receive SSDI then your son will receive a check. 5. Hopefully, prior to the hearing, you have met or spoken with your SSD lawyer and discussed the rules and procedures for the disability hearing. If you have waited for more than a year for your Social Security Disability hearing to be scheduled most likely you are prepared and planning to attend. You Social Security Disability lawyer should also review all possible questions with you, specifically the questions which are asked at every Social Security Disability hearing. 357 Posts 28 Topics Last post by ArkMomZy in Re: Were you Approved by... on March 08, 2020, 06:56:02 AM Once you have conducted your disability Hearing, your claim will remain at your local ODAR (Office of Disability Adjudication and Review) until the Administrative Law Judge (ALJ) has made a decision. I had my SSDI hearing last week in front of the ALJ and the odd thing was it only lasted 20 minutes, the judge never used the VE he had called in , and he never asked us for closing statements. I called the National hearing office just to see if the case went to the decision writers yet. I believe getting approved at a hearing is a classic example of when preparation meets opportunity. They were at vocation expert there, court reporter and me and my attorney and that is it. 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