If your impairment is not expected to result in death, it must have persisted or will remain active for at least 12 months in order for you to receive Social Security benefits. If you are uncertain about whether you meet this “duration requirement,” be sure to consult with a Bakersfield disability lawyer as soon as [...]

Your Bakersfield Social Security disability attorneys can explain to you the five stages through which the Social Security Administration determines your qualifications for disability. Once the finding is made, the process stops. The five stages are called sequential because if, at any step, you are deemed qualified or unqualified, the process ends. The stages are as follows: [...]

How long does it take the Social Security Administration to hold a hearing, issue a decision, and pay benefits? Your Bakersfield Social Security disability lawyer will tell you that there is much variation on the amount of time that elapses between a hearing request and the rendering of a decision. The average nationally is 15.5 [...]

Social Security disability claimants who are initially denied and appeal will eventually be scheduled a hearing before an administrative law judge. This is what you want, for as your Bakersfield disability attorney will tell you, your best chance of having the claim approved is at this level. However, you need to keep certain things in [...]

Your Bakersfield Social Security disability lawyer will advise you that in order to be qualified as substantial gainful activity (SGA), the work must consist of performing substantial mental or physical activities.  Work might not be considered substantial if: You cannot “to do ordinary or simple tasks satisfactorily without more supervision or assistance than is usually [...]

The Social Security Administration has two different disability programs—Social Security Disability and Supplemental Security Income. Your Bakersfield disability attorney will advise you that there is a five-step evaluation process used by the SSA to determine disability for either of these programs.  The process is sequential, meaning that if at any one step the administration finds [...]

A Fresno disability attorney will advise you that objective findings are extremely important because, in effect, they determine the extent of possibilities.  However, it is generally true that for an individual who has an impairment that does not equal or meet the Social Security Administration’s particular medical findings (Listing of Impairments), his or her capacity [...]

Are opinions regarding ability to do sustained work subjective?  Yes.  The Social Security Admoninistrati (SSA) realizes that disability claimants are limited by symptoms that are subjective and difficult to quantify. Your Fresno disability lawyer understands how these subjective determinations are made, and how to represent your case accordingly. Neither clinical nor laboratory diagnostic techniques have [...]

Fresno disability attorneys will tell you that the Americans with Disabilities Act (ADA) and the Social Security Act are not the same when it comes to disabilities.  A memorandum from the Associate Commissioner of the Social Security Administration to staff and judges pointed out that the disability provisions of the Social Security Act and those [...]

Your Fresno disability lawyer will interview your potential witnesses ahead of time of the hearing.  During this preliminary interview, your lawyer will spend most of the time determining who can serve as the best witnesses for your case and instructing them how their testimony will be the most effective. This does not mean your Fresno [...]

The hearing is more casual and relaxed than the actual trial. A representation by an expert Fresno disability attorney, along with your confident testimony, will help your cause at the hearing. ALJ’s Opening Statement At most hearings, the administrative law judge will open the record, state the present parties and observe that you are represented [...]

It is best to be represented by an experienced Fresno disability lawyer at the hearing, as the Administrative Law Judge may change his approach if you are unrepresented. Social Security Hearing Procedure The Social Security regulations are not very specific in their description of hearing procedure. They do state that the administrative law judge at [...]

A knowledgeable Fresno disability lawyer will explain to you that the Social Security Administration (SSA) disability determination system is not only complex, but requires someone with practical experience in order to achieve the best possible outcome. A disability claim denial is not the end of the process. A Common Mistake: Failure to Appeal Disability Claim [...]