
Winning Isn't Easy: Navigating Your Social Security Disability Claim
Nancy L. Cavey, a seasoned attorney with over thirty-nine years of experience, explains the complex world of filing for Social Security Disability benefits. Filing for disability can be a confusing, life changing event, so with her deft expertise, Nancy will guide you through:
- The ins-and-outs of qualifying for Social Security Disability benefits (such as age and insurance requirements).
- Information regarding the process and lifespan of a claim, from the initial application to the request for hearing stages.
- Traps one can fall into while navigating the Social Security Administration's step-by-step Sequential Evaluation.
- Insights, overviews, and claimant stories regarding disease-specific content (ranging from commonplace ailments such as workplace injuries or accidents, to difficult to diagnose illnesses such as Fibromyalgia, Multiple Sclerosis, and POTS).
- Pertinent news happening in the disability world, and
- Much, much more.
Each episode of our podcast Winning Isn't Easy will expose you to invaluable tips and tricks for surviving the disability claims process (a system that is often wrought with pressures and pitfalls designed to encourage you to give up the benefits you rightfully deserve). As host, Nancy will often be joined by guest speakers who themselves are industry experts, ranging from lawyers specializing in related fields and doctors focusing on the diagnosis and treatment of specific diseases, to our associate attorney Krysti Monaco.
In her late teens, Nancy's father was diagnosed with leukemia. As someone who witnessed firsthand the devastating emotional and financial impact on both individual and family that being disabled and filing for benefits can have, Nancy is not just an attorney, but an empathetic presence who understands what you are going through.
Do not let disability insurance carriers rob you of your peace of mind. As a nationwide practice, The Law Office of Nancy L. Cavey may be able to help you get the disability benefits you deserve, regardless of where in the United States you reside. Remember - let Cavey Law be the bridge to your benefits.
Check out the links below to engage with us elsewhere:
Website - https://caveylaw.com/
YouTube - https://www.youtube.com/user/CaveyLaw
Winning Isn't Easy: Navigating Your Social Security Disability Claim
Filing for a Hearing
Welcome to Season 1, Episode 15 of Winning Isn't Easy: Navigating Your Social Security Disability Claim. In this episode, we'll dive into the complicated topic of "Filing for a Hearing."
Join host Nancy L. Cavey, an experienced disability attorney, as we dive into one of the most critical - and often most frustrating - stages of the Social Security Disability process: what to do when your Request for Reconsideration is denied. If you’ve received that dreaded denial letter, you might feel stuck or even ready to give up. But don’t - because this is where the real fight begins. In this episode, we’ll walk you through the next steps, including how to file a Request for a Hearing before an Administrative Law Judge, what to expect once your request is submitted, and how this hearing offers a powerful new chance to get the benefits you deserve. We’ll also explore how a skilled disability attorney should be preparing both your case - and you - for the big day, from gathering strong medical evidence to challenging expert witnesses in the hearing room. Whether you’re just beginning the appeals process or already have a hearing date on the calendar, this episode is packed with practical insights to help you move forward with clarity and confidence. So let’s get started - because giving up is not an option.
In this episode, we'll cover the following topics:
1 - Filing an Appeal if Your Request for Reconsideration Was Denied
2 - What Does the Social Security Administration Do With My Request for a Hearing?
3 - What Your Social Security Disability Attorney Should Do to Prepare Your Case for a Hearing and Prepare You for the Hearing
Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.
Listen to Our Sister Podcast:
We have a sister podcast - Winning Isn't Easy: Long-Term Disability ERISA Claims. Give it a listen: https://wiedisabilitypodcast.buzzsprout.com
Resources Mentioned In This Episode:
LINK TO YOUR RIGHTS TO SOCIAL SECURITY DISABILITY: https://mailchi.mp/caveylaw/your-rights-to-social-security-disability-benefits
FREE CONSULT LINK: https://caveylaw.com/contact-us/
Need Help Today?:
Need help with your Social Security Disability claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.
Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.
Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.
Nancy Cavey [00:00:00]:
Foreign welcome to Winning Isn't Easy. Social Security disability benefits. In this podcast, we break down everything you need to know about navigating the Social Security disability claims process. I'm your host, Nancy Cavey. Now, before we get started, I've got to give you a legal disclaimer. Podcast is not legal advice. The Florida Bar association says I've got to say this. So now I've said it.
Nancy Cavey [00:00:34]:
I want to tell you that nothing will prevent me from giving you an easy to understand overview of the Social Security disability claims process, the games that can be played during this process, and what you need to know to get the Social Security benefits you deserve. So off we go. Now, in our last episode, we had a special guest episode with Nicole Clark. We discussed autism and Social Security disability. And in the episode before that, we discussed function reports. So what I want to try to do is to bring some of this together today by diving into one of the most critical and frustrating parts of the Social Security disability process, filing for a hearing. And then what you have to do to really basically prepare for a Social Security disability hearing. Now, I know that your initial claim was denied and you were not very happy, rightfully so.
Nancy Cavey [00:01:31]:
You filed an appeal, called a request for reconsideration in 60 days and got another denial, which probably made you pretty angry. And you might be ready to give up to say, I'm going to walk away from this, but I don't want you to do that. This is actually where you can be successful in getting these benefits. And I'm going to walk you through the next step, including how to file that request for a hearing, what happens after the request is submitted, and how the hearing really offers you a fresh opportunity to finally get the benefits you deserve. And so we're also going to cover what you and your attorney or representative should be doing to prepare you for your case and you for the hearing. And that involves things like collecting medical evidence, getting RFC forms, you're cross examining expert witnesses that will be at the hearing. You can hear from my tone that preparation is everything. So whether you're just starting the appeal process or whether you're scheduled for a hearing, this episode is going to equip you with the knowledge and confidence you need to move forward.
Nancy Cavey [00:02:38]:
And quite frankly, at this stage, I strongly suggest that you do not do this by yourself. At our law firm, we've helped thousands of people just like you fight back and win and get those Social Security disability benefits. So let's start, because in my view, giving up is not an option. We're going to talk about three things today. Filing an appeal if your request for reconsideration was denied, what the Social Security Administration does with that request for the hearing and what you and your attorney should be doing to prepare your case and prepare yourself for hearing. Got it? You've got a lot to cover and as I always say, I want you to come back with some paper and a pencil notes. Got it? Let's take a break for a minute.
Speaker B [00:03:23]:
Are you considering filing for Social Security disability or has your claim been denied already? Either way, you require a copy of your rights to Social Security disability benefits, which will cover everything you need to know about the Social Security disability claims process. Request your free copy of the book@kvlaw.com today.
Nancy Cavey [00:03:56]:
Welcome back to Winning Isn't Easy, the Social Security Disability Podcast. Now we're going to talk about filing an appeal. If your request for reconsideration was denied. You've got two choices and I'm not the kind of person who gives up. And I hope the second is to file an appeal which is called a request for hearing in front of an administrative law judge. Now, you've got to do it within 60 days of receiving that denial letter or you get to start all over again. And you don't want to do that because you're probably waiting years already. Now, if you do miss the deadline, you need to file a good cause letter for the delay and something more than just saying, hey, I forgot it or I was busy.
Nancy Cavey [00:04:41]:
There's got to be a really good reason and there's no guarantee that the judge is going to agree that you missing the deadline was because of good cause. So please, please don't miss the deadline. So what is that request for a hearing? Well, it's another level of appeal. You are disability determination at the initial application and request for reconsideration. Now you get in front of a judge. This judge is not bound by the earlier denials and will make their own independent decisions. But you also have to meet the five step sequential evaluation. So this is the five step sequential evaluation test that's used at every stage of the case, including this hearing stage.
Nancy Cavey [00:05:23]:
Now the hearing is going to present you with an opportunity to present your case by phone, by video, and these days rarely in person. This will allow you and your attorney to really explain why you meet the five step sequential evaluation, how your symptoms impact your functionality and why it is you can't go back to your past work or other work in the mythical, hypothetical, not real world national economy in view of your age, your education, your skills and your restrictions. So you can hear that there can be new evidence that can be submitted to support your claim. So whatever the basis of the denial was, was it you know that you didn't have a medically determinable impairment, you didn't meet a listing. You can go back to your past work or you can do other work. You now have an opportunity to present meaningful evidence, including your testimony, to address the five step sequential evaluation. So I'm often asked, well, look, what should I do if my Social Security disability request for reconsideration was denied? I know that getting disability benefits and medical care is crucial. If you can't work, you owe it to yourself and your family to consult with an experienced Social Security disability attorney who can help you file that appeal of your wrongfully denied Social Security disability claim.
Nancy Cavey [00:06:45]:
Now, what's important in my view, is the sooner you speak with an attorney, the better your chances are of building a strong case. A skilled Social Security attorney can identify the weaknesses in your initial application, initial weaknesses, if you will, because of problems with the lack of medical evidence or evidence of restrictions, limitations, or evidence that you meet a listing. But there are also vocational failures of proof. You may not have done a really good work history form, or the Social Security administration has basically misconstrued what your past occupation is. They're also going to be looking at the DDS claims file. And in that file there are the opinions of the Social Security doctors at the, at the first two levels who have rendered an opinion without ever seeing you about what your functional restrictions and limitations are, be it physical, cognitive, or psychiatric. There also is going to be an analysis by the DDS claims examiner as to what they think your functional capacities are as it relates to your past work and other work in the national economy. So you can kind of see what potential jobs, in quotes they identify that they thought you might be able to do at step five.
Nancy Cavey [00:08:12]:
There's a lot of evidence in the file that you and your attorney will have access to that really can be the basis for formulating an understanding, if you will, of why your claim was denied. An understanding of what needs to be proven and then what evidence needs to be obtained. It might be medical reports, it might be residual functional capacity forms. It might be statements of family members or friends. It might be school records, it might be employment records. But in addition, the attorney is going to be preparing legal arguments based on the strengths and weaknesses of your case and based on Social Security case law and regulations. This is a pretty intense process. If you've never done this you really are going into a hearing unprepared and hoping that the judge is going to have mercy on you and find that you are disabled.
Nancy Cavey [00:09:11]:
Not all judges will dispense mercy. And even if they do you, if there are problems in your proof, they are not necessarily going to forgive you if you will and award your benefits. Why? Because their decisions are ultimately reviewed and they can be overturned even before the final decision is issued. So they've got somebody looking over their shoulder and holding them accountable to establish that there's the requisite proof that you meet the five step sequential evaluation. Got it. Let's take a break for a moment and we're going to come back and talk about what happens. What does the Social Security Administration do with that request for hearing? All right. Let's take a quick break.
Nancy Cavey [00:10:08]:
Welcome back to Winning Isn't Easy. Now, what does the Social Security Administration do with a request for a hearing if your initial application and your request for reconsideration has been denied? We've talked about the two choices walking away, but hopefully you've been strong enough to say I'm not giving up and I'm going to be filing a request for hearing and you or your lawyer did it within 60 days of the denial of the request for reconsideration. Now you can file this request for a hearing online, by mail or in person once you have an appointment at your local office. I do not like people trying to do this in person these days because you've got to call Social Security to schedule an appointment and then you get an appointment that's maybe four to six weeks out. You can blow that 60 day deadline by trying to do it in person. I really think that you should be doing it online and preferably doing it with an attorney so that we know that it's been done and done properly. Now, regardless of the method, it's essential that you keep a copy of the of the submission of your request for a hearing and any proof of delivery. This can protect you in the case of a processing delay or miscommunication.
Nancy Cavey [00:11:27]:
Obviously, you've got to file timely and you have to have proof that you have filed. So don't trust that the Social Security system, electronic system or in person system is actually working, particularly in these days. Remember, we're not shouldn't be giving up, even though this sounds so what in fact is a request for a hearing. So let's talk about that in greater detail. The request for hearing asks you to or ask rather Social Security for a complete review and new decision on your case. Your case is transferred from Disability Determinations DDS to odar, the Office of Disability Adjudications and Review. That's where the judges are housed. Now remember, the judge is not bound by the earlier denials, but still has to use that same five step sequential evaluation test.
Nancy Cavey [00:12:22]:
The good news is that DDS isn't involved anymore. As I've said, this stage gives you your best chance for approval. In fact, statistics show that there is a higher approval rate at the hearing level than there is at the initial application or recon stage. The judge is going to be looking at this case with fresh eyes. They're going to be looking at the medical records. They're going to be looking at the claims file. DDS determination about your restrictions, DDS determination about your work history and your ability to do other work. That's going to be their starting point.
Nancy Cavey [00:13:05]:
And there may be problems with what's in the file at that stage that you and your lawyer need to know about, but also need to address in terms of strategy and gathering additional evidence. Remember, the judge is going to be reevaluating your entire claim file, the material that was in your file, and then any updated medical records. So if you, as you should be, are continuing to get medical treatment, you and your lawyer want to make sure that all the records are updated. It might be that you have attempted employment that's been unsuccessful. Perhaps a statement from a former employer addressing how they accommodated you might be appropriate. It might be appropriate to have a statement of family, friends or relatives. Though I will tell you, judges don't necessarily give those a great deal of weight simply because they think, probably correctly, that they're an interested party in this and they want to make sure that you get the benefits because they're going to get the financial benefit of your Social Security disability benefits. Now, I always want my clients to get updated residual functional capacity forms.
Nancy Cavey [00:14:16]:
We Social Security lawyers have created residual functional capacity forms to help doctors quantify things like your restrictions and limitations. How long you can sit, stand, walk, stoop, bend, how much you can lift. Do you need breaks? Do you have problems with bilateral manual dexterity? Would you miss time from work? The way we've created these forms is we address all the elements of the five step sequential evaluation within the context of that RFC form. Because if we can, at step three, we want to meet a listing. And if we don't meet a listing, then we get on to steps four and five. Four is, can you go back to the lightest job you held in the five years before the claim's been decided. And number five, which is where most of these cases are won and lost is is there a real world national economy in view of your age, your education, your skills and those restrictions? Now, if you're under 50, the judge is going to be looking at step five in terms of that other work context. If you're over 50, the judge is going to use that same test.
Nancy Cavey [00:15:23]:
But there's something called the grids. And the grids are based on your functional capacity. So there's a grid. If you have a functional capacity to do heavy work, medium work, light work, sedentary work, and literally the grid is the grid, you get the right form based on the residual functional capacity form or what you think your restrictions are and you look down, what's the person's age, what's their education? Would the kind of restrictions they have preclude the transferability of skills? What are skills? Skills are the things that you learn during your job. You've learned how to interact with people, maybe keep a budget, maybe keep a schedule. You've learned various skills, how to use a computer. And the question under the grids is whether or not you have skills that would transfer to other occupations. Now that's also a question again in the, in the general analysis, but only if you're over 50.
Nancy Cavey [00:16:18]:
I also find that it is really important that we are strengthening the case based on the weaknesses per the DDS decisions. But then, but the weaknesses that I as a lawyer perceive in the proof. It might be that we aren't getting consistent treatment, which we need to explain. It might be that you're not compliant, which we need to explain. It might be that it appears as if your condition is stable and we need to explain that. It might be that you have flare ups, which we need to explain. There are all sorts of things that I will see when I review medical records or a file that I say, hey, I've got to address this in the context of the hearing. So what should we do to prepare the case? Well, I've mentioned some of them.
Nancy Cavey [00:17:10]:
That includes getting your updated records and filing them with Social Security. If we can't get the records within five days of the hearing, we have to file a letter asking that the Social Security judge keep the record open. If you blow past that five day deadline, the judge may say, heck no, I don't care how relevant those records are, I'm not going to let them in. So it's really crucial that in the course of this case you are telling your attorney or representative who you're treating with so they can get the records. Now, as I have mentioned in the past, it can take four to six weeks to get these records with even multiple phone calls. Sometimes I actually have to send my client down to the doctor's office to get them. So don't wait till the last minute to let your lawyer or representative know that you're treating with somebody. Now, I've mentioned the RFC forms we want to address depending on the nature of your medical condition, your symptoms, and your functionality.
Nancy Cavey [00:18:09]:
There are certain types of medical conditions, like migraines, that I want my clients to keep a diary of their symptoms and functionality, the frequency of their migraines, how long they last, how intense they are, so that we can submit that. But that log or diary has to be consistent with the report that your doctors have in the medical records. So I always want my clients to give that diary or log to their treating physician before every visit and keep a copy so that we can submit it again. We also do something that I think is unique in terms of preparation. We get notice of a hearing. About five months before the hearing, I've shot a mock Social Security disability hearing video. Why would I do that? Well, you can't go in and watch one. So we wanted to put our clients at ease so they could see what happens.
Nancy Cavey [00:19:03]:
I'm sure you can go on YouTube and see examples of Social Security hearings. But what we do is something I think completely unique. We actually did. I did an hour video that I call the direct exam video. Every question that a person potentially could be asked and talk about how you truthfully and honestly tell the story of your case in a way that Social Security understands. And I ask you to write it down on the direct exam sheet. We go through each one of the questions. Now, why would I do that? I do that because I have a practice session with my clients lasts about 45 minutes and we go through the logistics of the hearing, but then I play the judge and my client plays them, and we go through these questions so that the person is comfortable.
Nancy Cavey [00:19:55]:
I also have forms that I call symptoms and functionality worksheets. So if you've got multiple medical conditions, we want one for each condition and we ask, what are the symptoms? Well, you've got these 10 symptoms and tell us how each symptom impacts your ability to function. Why is all that important? Well, the Social Security hearings are lasting maybe 45 minutes to an hour and you're up first. You're the beat off batter, if you will. It's only going to take 30 minutes or you only get 30 minutes, but there's a lot to cover in 30 minutes and you may get nervous. You may be forgetful. You can actually use Document in the Course of the Hearing as a refresher and I use it in the course of the hearing to make sure that my clients have not missed anything or if there is something that I want to address in the course of the hearing. It's all there.
Nancy Cavey [00:20:51]:
So I think client preparation is crucial, don't you? Let's take a break.
Speaker B [00:20:58]:
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Nancy Cavey [00:21:37]:
Welcome back to Winning Isn't Easy. Social Security Disability so what should your Social Security disability attorney do to prepare your case for hearing and prepare you for the hearing? Well, in the last segment of this podcast, I went into some detail about what our law firm does and how. I think it's important for a client to be properly prepared. But what is it that we do? Well, we are required generally to prepare a memorandum of law limited to five pages, setting forth the theory of the case. I want to set the judge's frame of mind as to how I analyze each element of the five step sequential evaluation. Now, you don't do surgery on yourself, do you? So again, you shouldn't be doing these kinds of things because quite frankly, you don't know how to do them. What's also important for you to understand is that while the attorney can't testify for you, they can make sure that your testimony is accurate and complete, as I talked about in the last segment. But what's also important for you to understand is that there's going to be another witness, most likely at this Social Security hearing.
Nancy Cavey [00:22:46]:
They're going to be a vocational expert, an expert in the world of work who will never have met you but is going to be asked hypothetical questions based on the work history form that you gave your testimony and the judge's opinion about your restrictions and limitations. So the judge may say, hey, I want you to assume that there's a person just like the person here. They've had a back injury. They can only sit six out of eight hours. They have to alternate sitting and standing. Hey, could they go back to their work sitting down all day? Well, the answer to that is going to be heck no. But that's. And that's step four.
Nancy Cavey [00:23:27]:
But where the case is going to be won and lost is going to be step five. So the judge may say, well, based on that hypothetical, is there other work in the mythical hypothetical, not real world national economy that this hypothetical person can do? And here's where the VE starts in my view, sometimes fudging. They'll say, well, you could be a surveillance system monitor, or you could sort nuts and bolts. You could do lighthouse cleaning, you could address envelopes all day. If that's the end of the questions, you're going to lose. It's really incumbent upon if you to have an attorney who's going to be cross examining the vocational evaluator about the ability to do those types of jobs. So it might be that in addition to your back problem, you have bilateral carpal tunnel or you've had a herniated disc in your neck and you've got tingling and numbness in your fingers or the residuals of chemotherapy. The jobs that I just identified are sedentary jobs, which means you have to sit down, but you also have to have bilateral manual dexterity.
Nancy Cavey [00:24:31]:
You have to meet the pace and production and attendance requirements. So I'm working in and my cross examination, the restrictions and limitations is documented by your doctors, is documented by your testimony, is documented based on maybe even the DDS doctor's opinions. So the hypothetical can make or break your case. Now, the VE is also going to be asked to testify about whether these jobs exist in significant numbers. I will tell you, this is a huge area right now of cross examination. In the course of a hearing, it's gotten very contentious because in my view, and that view of many Social Security lawyers, vocational evaluators do not have a statistical background and they are relying on job search number sources that are not valid. And I'm not going to go into that because it's a bit complex, but I am regularly now objecting on the VE's testimony on the basis that they are not a statistical expert and that what they're relying on to give data and extrapolate numbers of jobs is not valid or reliable. And if they are relying on their own expertise, if you will, and experience in the world of vocational evaluation work, that their methodology is not scientifically valid and reliable.
Nancy Cavey [00:25:54]:
So I know that sounds a lot of lawyer gobbledygook and it is, but it's important for you to understand that there are some very significant errors being made by vocational evaluators in their testimony. It has to be attacked right at the hearing so that the issue can be preserved for the judge and for appeal. I am now regularly doing post hearing memorandums of law for the judge on why that vocational testimony is inaccurate, flawed, shouldn't be relied on, maybe even thrown out. This is way above your pay grade. Okay, so these are the kinds of things that can result in you losing your case you should not be doing. You can hear that having a professional advocate on your side greatly increases your chances of success. So we are preparing you for the hearing. We're making sure your file is well developed.
Nancy Cavey [00:26:54]:
We're doing a memorandum of law for the judge that explains the five step sequential evaluation. You are prepared, as I said, based on that Social Security video and the direct exam video. You've got a draft of your answers. You feel comfortable with this process and you've got an attorney, and you should have an attorney that is going to be very aggressive with the cross examination of the vocational evaluator, if needed, and submit post hearing memorandums of law and explain ultimately, once that decision is reached, what the ruling is and whether an appeal, if claim is denied, is appropriate. So you can see that many cases can be won or lost based on how well your case is developed, how well prepared you are, and how well prepared your attorney is. So I'm often asked, well, that's a heck of a lot of work. But what ultimately is going to happen if the judge denies my claim? You're going to be sent a notice of denial. And there can be three options here.
Nancy Cavey [00:28:07]:
You can say, I'm walking away, I've had enough of this. Or you can say, all right, I'm not walking away all the way. I'm going to give up my back benefits and I'm going to start a new claim from the date of the judge's denial. Or lastly, you can say, nuts to all of this, my lawyer thinks that there is a legal ground for taking an appeal and we're going to appeal to the appeals council, which has to be done within 60 days of the denial. Look, there are many cases that I see that I understand why a client may be unhappy about the decision. Because we get calls from people at the appeals council stage asking us to take a case and we may or may not look at the judge's order. But many times what I have seen is that there were mistakes that were made at the hearing that can't be fixed or the judge has made a credibility decision which is not necessarily appealable. So the question is, look, is there a basis for an appeal or is this a decision that we don't like, but there's no legal basis for the appeal.
Nancy Cavey [00:29:16]:
And if we or your lawyer thinks that there is a grounds for appeal, then you want to take it to the appeals council. The appeals council is located in Fairfax, Virginia. It's going to review the judge's decision and determine whether, whether there were legal errors or whether additional review is warranted. Now, if the appeals counsel says, nah, we agree with the judge's decision, the denial, you may want to take the case to the next level, which is the federal court. If the appeals council reverses and remands, it's going to go back to an alj. It may not be the same alj, but it's going to go back for another hearing based on the instructions that the appeals counsel has given to the judge. Now, when we get back there, we're going to go through the same process of hearing prep, looking at the appeals counsel's instructions, figuring out what the proof is that we need to provide for a second level appeal. So you need to understand, you know, kind of that's the process if we go down the denial road.
Nancy Cavey [00:30:27]:
But what about the happy news that the judge approves your claim? Now you're going to get two documents. You're going to get a notice of decision from the judge that goes through that five step sequential evaluation and explains why they're awarding the benefits. And you'll also get to get a notice of award from the Social Security Administration. The notice of award is going to explain the date you were found disabled, the date your benefits start, the amount of your benefits, the amount of your retroactive benefits, if there are any, and what's going to be withheld from your back benefits for your attorney's fee. Now, we always review this notice of award for accuracy. And there can be mistakes, especially when you're dealing with the date of onset, especially when calculating back benefits. If you do disagree with any part of that, your attorney can help by filing a request for clarification or correction. And depending on the date of the entitlement, you might be entitled to Medicare benefits.
Nancy Cavey [00:31:31]:
So the date of onset can be really important. You have to, like everybody else, have a five month waiting period where you don't get any benefits, and then you have to be on Social Security disability benefits for 24 months. So after 29 months you become eligible for Medicare, at which point you want to be contacting your local office. Sometimes we get decisions where our clients are already eligible for Medicare, so we're sending them Social Security office to enroll in. Some people may also qualify for Medicaid if we're in an SSI situation. And a lot of this also, by the way, can be state specific, depending on state specific rules and income issues. I think that you also need to understand that if you have minor dependents, they might also be eligible for your Social Security benefits based on your award that includes minor children and in some cases adult children with disability. The Social Security Administration will determine if your family qualifies for additional benefits and that can make a significant financial difference.
Nancy Cavey [00:32:33]:
Obviously, when we are filing for a Social Security claim, we are letting Social Security know about dependents because again, ultimately if we get a favorable decision, we're instructing our clients to go down to the Social Security office after they schedule an appointment, bring the appropriate documents so that they can collect the family benefits. Social Security at that point doesn't want to hear a word from your attorney that issue is between you and Social Security. But at the end of the day it's it does make a financial difference. You're getting your disability benefits. Your minor dependents are potentially going to be eligible for Social Security benefits on your record, and you potentially are going to get your Medicare benefits either upon the award or at some point once you fulfill that 29 month period of time. So you can see a lot's at stake and this is not something that you want to do by yourself. You're not an expert. I probably couldn't do your job and you shouldn't be doing my job.
Nancy Cavey [00:33:36]:
So with all that money and medical writing on the line, you should be consulting with an experienced Social Security disability attorney if you haven't already, certainly at the Request for Hearing stage. Got it. Well, thanks for tuning in to this week's episode of Winning Isn't Easy. If you found this episode helpful, please take a moment and like our page, leave a review, share it with your family or friends. Hey. And subscribe to that podcast so you'll be notified once a new episode drops. You'll also note that at our each episode description there's going to be a link where you can send us your questions or comments and I might even feature you with those questions in our next episode or a future episode. I want you to understand the Social Security disability claims process so there isn't any question that might be simple, too simple, or even stupid.
Nancy Cavey [00:34:32]:
There are no stupid questions. This is a complex process. Got it. So please Insightful episode of Winning Isn't Easy the Social Security Disability Podcast. Thanks for listening.