The receipt of unemployment insurance during a time period of claimed disability often comes up in social security disability hearings. A problem exists because in order to obtain unemployment benefits, a person must certify that he/she is “willing and able to work.” While the law does not prohibit this from…
If you have been injured in the workplace, then it is at least possible that you can make a claim for workers’ compensation benefits. But, how do you take this general knowledge and apply it to your specific injury situation? One of the most important things that you must do…
Occasionally, especially for claimants who are also receiving workers’ compensation benefits, it may be possible to utilize vocational expert testimony from the workers’ compensation or personal injury case in the social security claim. This vocational expert is generally “friendly” to the claimant is more likely to provide the kind of…
“I’m OK!” How many times have you heard someone say that right after getting into an accident at work? Perhaps you have even said it yourself. Indeed, at the time it may even seem to be the truth; you spring back up, you do not seem to feel any unusual…
Occasionally, a Judge will ask an independent doctor to testify at a social security disability hearing. This is done either in person or on a conference call. Questioning the medical expert is a matter for your attorney to handle. It has been my experience that it is often possible to…
At first, it would seem wise to have several witnesses testify at a social security disability hearing. However, this is usually not a good idea. Judges hate long hearings and repetitive testimony. Also, there is a risk that a witness will say something different then the claimant, thus damaging credibility.…
One construction worker was killed and four others seriously injured when a pedestrian bridge being built at Wake Technical Community College in Raleigh, North Carolina, collapsed during concrete pouring work. The affected employees were all working for a concrete subcontractor. The incident took place when the center section of the…
The administrative law judge does not have expect you to have the same type of medical knowledge as a doctor; however, because you have seen doctors for your conditions, the judges often do ask about your understanding of your condition and the treatment you received. One thing you can testify…
One of the hallmarks of what we take for granted today, as a modern society is how we treat workers who have been injured during the course of their employment. It used to be that if you were injured on the job you could look forward to only a few…
Everybody spends 24 hours per day doing something. In virtually every social security disability hearing, the claimant is asked how they spend their time on a day to day basis. Be prepared to list some specific things that you do such as watch TV, light housework, read, listen to music…