If a case gets denied at the application and reconsideration level, then the next step is a Hearing Before an Administrative Law Judge.
And Benefits For All will work up all cases so that the need to withdraw representation prior to a hearing is not necessary. In most cases, our Case Managers will:
- Stay in regular contact and communication with Claimant – no “skips;
- Assist Claimant in getting treatment (Mental/Physical);
- Assist Claimant in getting prescribed assistive devices;
- Obtain and complete Residual Functional Capacity (RFC) Questionnaires from treating physicians;
- Timely return all SSA paperwork and Forms;
- Remind Claimant of all Consultative Examination (CE) appointments;
- Discuss merits of case with Claimant and prepare Claimant prior to hearing;
- Provide Ongoing training of Staff regarding new SSA laws, rules and regulations;
- Timely request, scan and submit all medical records to OHO/SSA.
Prior to the attorneys and will scan the file to get an overview of the following items:
- Medical Diagnosis(s)/Medical Treatment/ Medical Symptoms;
- Treatment History or lack of any treatment at all;
- Prescribed Medication and Compliance With Medication Regiment;
- Age;
- Education;
- Income/Resources
- Past Relevant Work History;
- Drugs/Alcohol Addiction (DAA) and Dependency– an individual cannot be considered disabled if DAA is a contributing factor material to his/her disabling determination);
- Period of Incarceration – if any and if Client is a “Public chargee”;
- If the Date Last Insured (DLI) is expired;
- Uncooperative and/or hostile Claimant;
- Claimant moved out of state;
- Fraud;
- Any other significant facts or circumstances relating to claim.
In most cases, the attorney will then move forward with the slow task of reviewing each and every item in the Claimants SSA Exhibit file.
The attorney will confirm that they are the Attorney of Record and that the court has jurisdiction to hear the case. The attorney will review the earnings record and work history of the Claimant for the last 15 years and, if course, the attorney will review each piece of medical evidence submitted in the case.
The attorney will strategize and arrive at the theory of the case and then determine the best way to move forward on a claim before the ALJ. Every aspect of the hearing process, as well as the theory of the case, will be explained and discussed with the client.
Each client will be schooled and prepared so that they are fully relaxed and prepared to go to hearing. The attorney will explain that there will usually also be a Medical Expert (ME) or Vocational Expert (VE) who will be part of the hearing and who is at the hearing to give their expert testimony about the case. The attorney will cross-examine the ME or VE and will make objections when necessary to make sure that our client stands the best chance of winning the case. And, of course, the attorney will also do a direct examination of our client before the ALJ so that all the facts of the case are before the court.
Call And Benefits For All today at 1-888-755-0077 for your free screening and consultation!
