Recently, we took in a claimant who was previously represented by of course, a non-attorney, who she and her guardian thought was an attorney because they went to a law firm. See our previous blogs on how to check and hire an actual attorney. In this claim the non-attorney failed to recognize the  issue of retroactivity [...]

Posted on Wednesday, January 4th, 2012 at 3:58 pm and filed under Social Security Law.

If there is a medical expert (ME) at your hearing and you are unrepresented or the person representing you is someone you just met the day of the hearing you can ask the Judge for a delay in order to seek an attorney who has experience in cross examining the so called “medical expert”. Often, [...]

Posted on Friday, December 30th, 2011 at 10:34 pm and filed under Social Security Law.

In essence SSR-11-1p limits claimants after receiving an Unfavorable ALJ Hearing Decision or in some circumstances a Partially Favorable ALJ Hearing Decision to decide an Appeals Council action OR submit a “new”/”subsequent” application. In the past you could do both without restrictions. SSR-11-1p dramatically changed a claimant’s choice. SSA is still digesting and issuing the procedures [...]

Posted on Friday, December 16th, 2011 at 8:06 pm and filed under Social Security Law.

The law firms sending  non-attorneys are not advertising that they are sending non-attorneys to Social Security hearings with you the claimant. In a previous Blog we challenged attorneys and non-attorneys alike to show us any advertising listing them as “non-attorneys”. We are still waiting for any response. It is important to hire an actual attorney. [...]

Posted on Monday, December 5th, 2011 at 10:10 pm and filed under Social Security Law.

There are both income and asset limitations for SSI. See, 20 CFR 416.1100 to 416.1266. The income limit is based upon different kinds of amounts, some earned and unearned income can be disregarded to encourage work. There is a “deeming” formula for those who live with the SSI recipient. There is no limitation for SSA to review [...]

Posted on Monday, December 5th, 2011 at 8:16 pm and filed under Social Security Law.

Social Security Adaministration (SSA) Ruling 11-1p revises SSA’s policy of subsequent applications where if a prior application is at the Appeals Council level.  SSA will no longer process a subsequent disability claim if you already have a claim under the same title and of the same type pending at the Appeals Council.   So Unfavorable Decision [...]

Posted on Monday, December 5th, 2011 at 6:44 pm and filed under Social Security Law.

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Posted on Thursday, November 17th, 2011 at 9:20 pm and filed under Social Security Law.

Blacks Law Dictionary defines a “Hearing” as the following: “A proceeding of relative formality, generally public,with definite issues of fact or of law to be tried….takes place before magistrates clothed with judicial functions….and to hearings before administrative agencies as conducted by a hearing examiner or Administrative Law Judge.” The Reconsideration “Hearing” is not a hearing [...]

Posted on Thursday, September 8th, 2011 at 8:03 pm and filed under Social Security Law.

Blacks Law Dictionary defines a “Hearing” as the following: “A proceeding of relative formality, generally public,with definite issues of fact or of law to be tried….takes place before magistrates clothed with judicial functions….and to hearings before administrative agencies as conducted by a hearing examiner or Administrative Law Judge.” The Reconsideration “Hearing” is not a hearing [...]

Posted on Thursday, September 8th, 2011 at 9:12 am and filed under Social Security Law.

Sad but true, there many law firms who are sending non-attorneys to Social Security Hearings. As we pointed out in previous articles, Morgan & Morgan right here in Tampa, Florida is just one of several law offices in the State of Florida doing this on a regular basis. It is noteworthy that on these law [...]

Posted on Thursday, September 1st, 2011 at 12:19 pm and filed under Social Security Law.