David Newcomb Attorney

The Hearing Process

For many Social Security claimants, the hearing process is the most intimidating portion of their entire claim. My clients tend to have the most questions before the hearing, understandably so I think. The majority of claimants who win their claims do so at the hearing level. The importance of this fact cannot be stressed enough. Do not be discouraged by denials at the lower level. They are by no means out of the norm and the hearing represents a new day and new opportunity for the disability claimant.

Your right to an Attorney

Every Social Security claimant has the right to have an attorney for their disability hearing. If you come to your hearing without an attorney most judges will ask if you would like a continuance in order to hire an attorney. These continuances are freely given. A Social Security Attorney will be able to procure all medical evidence ahead of the hearing. Most attorneys will draft a pre hearing brief and submit it to the judge ahead of your hearing date. A typical disability pre-hearing brief will summarize the medical record and lay out a legal argument to the judge explaining the attorneys theory of the case. If you do not plant on hiring an attorney for your hearing, I strongly recommend at least consulting an experienced disability attorney before your hearing date.

The Meat of the Hearing:

A Social Security Disability hearing is an informal legal process that takes place in a Social Security hearing room as opposed to a traditional court room. Testimony is taken under oath meaning the penalty of perjury does apply. The judge will start by swearing in the witnesses. The claimant is a witness on his or her own behalf. A vocational expert, called by the judge to testify on work in the national economy will also be sworn in. In most cases the claimant will be the first to testify and the judge will elect to start the questioning themselves. Most judges will kick things off by asking about the claimant’s work history and their current levels of daily functioning. From there the judge will move into the medical evidence of record. The claimant may be asked to further elaborate on their conditions, focusing primarily on how those impairments inhibit work activity.

After the judge’s questioning is over, the judge will give your attorney representative the opportunity to cross examine you. Most attorneys will use their questioning to fill in any gaps they see in the judge’s questioning to ensure the record is filled out to its fullest possible extent. Occasionally further elaborating on an issue that came up in the judges questioning is necessary. Your attorney will be responsive to what the judge focused on in their line of questioning.

The last person to testify will be the vocational expert. The judge will pose hypothetical questions to the vocation expert asking what work someone with the same restrictions, education, age and work experience as the claimant may or may not be able to perform. All vocational testimony must be consistent with the dictionary of occupational titles, the SCO (selected characteristics of occupations) or any other companion publications. Your attorney representative will have the opportunity to propose questions to the vocational expert after the judge has completed their hypothetical questions.

Once the Vocation Expert has completed their testimony the judge will close the record and end the hearing. From that point, the judge will render a written decision with a full evaluation of all evidence and testimony taken at the hearing. A claimant does not know the outcome of their case at the end of the hearing. The judge’s decision must be supported by substantial evidence. There are appeal rights after an unfavorable decision.

If you have any questions concerning the Social Security Disability hearing process or would like to discuss representation at a hearing please call for a consultation.

https://www.attorneynewcomb.com/

Ohio SSDI & SSI Attorney & Counselor | David Newcomb David Newcomb Attorney & Counselor is located in Northern Ohio, providing representation for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Contact me today to schedule an appointment.

As a reminder. I will not be in the Office on Labor Day, Monday September 6.

However I will still be available to any clients or perspective clients by phone and Email. Feel free to give me a call any time!

https://www.attorneynewcomb.com/

David Newcomb Attorney I am a Social Security Disability Attorney practicing in the Toledo, Ohio are. I specialize in SSI

Im under 50. Am I too young for Social Security Disability?

When a claimant files a new disability claim with Social Security they fall into one of four (4) main age categories. They are:

1. Younger Person: defined as anyone under the age of 50
2. Closely Approaching Advanced Age: Defined as those between the ages of 50 to 54
3. Advanced Age: Defined as those age 55 to 59
4. Closely Approaching Retirement Age: Defined as those age 60 or older.

Under Social Security rules a person under the age of 50 has a wide open potential occupational base. In order to win a claim, they have to prove there is no work in the national economy that exists in substantial number which that individual can perform. This is Social Security’s toughest vocational standard. Because Social Security takes the position that there are unskilled sit-down jobs available in the national economy the claimant must prove he is unable to complete a sedentary, simple, routine, repetitive job tasks. Proving someone is this restricted can be difficult, however, there are certain types of symptoms I look for to meet this high burden.

1. The Requirement for leg elevation: The need to elevate one’s legs due to pain and or swelling is restrictive in a sedentary work environment. Unskilled sedentary work requires the worker to be at a defined station. The strict positional nature of these types of jobs does not allow for the worker to elevate the legs to a 90-degree angle. It is a work preclusive requirement in a competitive work setting.

2. Restrictions related to reaching with the arms: The ability to reach with the bilateral arms is a necessity in almost all professions. Social Security will take the position that many sedentary or light occupations do not require the use of two arms for reaching out or Infront of the worker. In a situation where one arm has a lower residual functional capacity than the other the evaluator must judge the remaining capacity in the better arm. Arm dominance is also taken into consideration when assessing the residual functional capacity.

3. Restrictions related to grasping or gripping with the hands: The ability to grip, feel, grasp or finger is a requirement for almost all work. Similar to the arms Social Security does not consider all workers to require the good use of both hands. Sedentary and light occupations will generally have greater requirements for use of the hands than most moderate or heavy occupations.

4. A medical necessity to lay down: There is no work that can be performed while having to lay down flat. Social Security considers the requirement an unreasonable work accommodation.

5. Any and all non-exertional symptoms: For those under the age of 50 non exertional symptoms often (not always) become the most important. These symptoms may be mental health based, neurologically based, psychologically based or they could focus around a particular organ or body system.

Whatever the nature of the impairments may be the important thing to remember is that Social Security is based on your overall ability to engage in full time employment on a continuous basis. If you are not able to maintain a full-time work schedule month in and month out due to your health then you may be entitled to disability benefits.

Please call the attorney for more information or formal consultation.

Just as a reminder: David Newcomb Attorney offers virtual or telephone consultations for those who would prefer to avoid coming into the office

Words cannot describe how excited I am to represent the great people of Ohio and Michigan on Social Security Disability and SSI claims. Working for the sick and injured brings me an indescribable amount of joy.

I may not be able to heal physical injuries or illness but I can fight for your rights with the intensity of someone who has been in your shoes. Someone who knows what it's like to have your life upended by your own health.

I am in the unique position of being both a disability lawyer and a cancer survivor. With dedication and hard work we can win your case together.

Please allow me to be your guide through the Social Security Disability process. Call today for a no obligation consultation.

https://www.attorneynewcomb.com/

David Newcomb Attorney I am a Social Security Disability Attorney practicing in the Toledo, Ohio are. I specialize in SSI

Social Security rules allow for parents to bring SSI claim's on behalf of their children. Where the adult disability focus on the claimant's ability to perform full time work activity, the children's rules focus on five (5) predefined functional domains. These domains are meant to evaluate how the child functions physically, mentally and socially. Think of the domains as the factors that separate a disabled child from their peers of the same age and educational level. In order to be considered legally disabled the child requires a "marked limitation" in at least two (2) of the domains OR an extreme limitation in one (1). The domains are as follows:

1) Acquiring and using information;

2) Attending and completing tasks;

3) Interacting with and relating to others;

4) Moving about and manipulating objects;

5) General Health and physical wellbeing.

Like the adult program, children's SSI has financial thresholds in addition to the standard medical requirements. As the number of dependents in a given household goes up the corresponding monthly income limit for a child's SSI claim also increases. Please see the following link for more information.

https://www.ssa.gov/ssi/text-child-ussi.htm?preview=true&site_id=3295

Similar to adult disability claims, there are no automatically disabling diagnoses. The regulations primarily focus on the child's symptoms and the above mentioned functional domains. However, parents should be aware there are certain conditions that often rise to the level of disabling. Some common legally disabling conditions in children may be:

Asthma;

Muscular Dystrophy;

Juvenile Arthritis;

Cerebral Palsy;

Birth Defects;

Failure to Thrive;

Dangerously low birth weight;

Anemia or Sickle cell disease;

ADHD;

Low Full Scale IQ;

Depression;

Oppositional Defiant Disorder;

Autism Spectrum Disorder;

Bi-Polar Disorder;

Schizoaffective Disorder;

An IEP at School for any reason.

If your child receives treatment for one or more of these condition and you have noted functional limitations in one of the above mentioned functional domains then your child may be entitled to SSI benefits. Please reach out to me for a free consultation.

https://www.attorneynewcomb.com/

Ohio SSDI & SSI Attorney & Counselor | David Newcomb David Newcomb Attorney & Counselor is located in Northern Ohio, providing representation for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Contact me today to schedule an appointment.

According to the National Center for Education Statistics during the 2019-2020 school year approximately 14% of all public school students received special education services under an IEP (COE - Students With Disabilities https://nces.ed.gov/programs/coe/indicator/cgg

Parents have multiple questions when their child first receives and IEP. Parents may ask what this practically means for their child. Is my child legally disabled because of the IEP? Does this IEP mean my child could win an SSI claim? The short answer is no. While many children who have IEP's may be SSI eligible they would not automatically be entitled to benefits because of the IEP.

IEP stands for individualized education program. While the specifics of the IEP process varies by state, the basic procedure remains the same. When a teacher identifies a student who may be behind his or her peers that student is evaluated by a trained professional (usually a school psychologist) to determine if they have an identifiable condition which would benefit from individual or specialized services. A student may qualify for disability under one of the following:

Autism;

Hearing or Vision Impairment;

Developmental Disabled;

Specific Learning Disability;

Intellectual Disability;

Emotional Disturbance;

Traumatic Brain Injury;

Speech and Language Impairment;

Or Other Health Impairment.

If your child is given an IEP from their school consider what symptoms display before filing a child's SSI claim. Evaluate your child against their peers, what separates them others their age? Are they able to make friends and socialize normally? Does your child fidget or struggle to pay attention? If you child has an IEP for any of these reasons then they very well may qualify for SSI if their disabilities are clear and materially impact their daily lives.

Please see my website for more information on child's SSI benefits Child's SSI Benefits | David Newcomb Attorney & Counselor https://www.attorneynewcomb.com/child-s-ssi-benefits

Child's SSI Benefits | David Newcomb Attorney & Counselor Social Security rules allow for parents to bring SSI claim's on behalf of their children. Where the adult disability focus on the claimant's ability to perform full time work activity, the children's rules focus on five (5) predefined functional domains. These domains are meant to evaluate how the c...

Technically speaking, there are no specific injuries or conditions that automatically win a disability case simply for having the diagnosis. Social Security considers your physical health and mental health in a holistic approach to determine who is and is not disabled. Every condition you have will be taken into consideration. Any condition you have is relevant from high blood pressure to spinal fractures and everything in between.

There are some common conditions or injuries Social Security has repeatedly approved claims based on. Some examples of these conditions are as follows:

Spinal Degenerative Disc Disease

Lumbar or Cervical Radiculopathy

Reconstructive surgery of a weight bearing joint

Osteo Arthritis, Rheumatoid Arthritis, or Psoriatic Arthritis

Nerve Pain

Neuropathy

Myalgia's Or Fibromyalgia

Parkinson's Disease Or Tremors

A Car or Truck Accident

A Work Place Accident

Cancer

Infectious Disease/ Long Covid 19

COPD

Emphysema

Heart Failure

Vision or Hearing loss

Anxiety

Depression

Bi-polar Disorder

Schizoaffective Disorder

PTSD

This is not an exhaustive or complete list. If these or any other physical or mental conditions prevent you from working then you may be entitled to Social Security Disability or SSI. Please reach out to me for a no obligation consultation.

This is a paid post by attorney David Newcomb and it does not constitute legal advice. Please call for more information or consultation.

https://www.attorneynewcomb.com/

Ohio SSDI & SSI Attorney & Counselor | David Newcomb David Newcomb Attorney & Counselor is located in Northern Ohio, providing representation for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Contact me today to schedule an appointment.

David Newcomb is your Ohio Disability Lawyer

Experience is part of developing a successful law practice, and at David Newcomb Attorney & Counselor people from Northern Ohio (Toledo, Cleveland, Akron, Findley, Lima and Mansfield) get the skilled legal advice and representation they're looking for when they need an attorney.

I have a thorough understanding of Ohio law. With exceptional legal skills, practical solutions, and professional integrity, David Newcomb Attorney & Counselor works hard to help you get the best possible results.

https://www.attorneynewcomb.com/