Archives for October 2020

What Happens At A Disability Hearing In Houston?

October 27, 2020 by

Your first encounter with a disability hearing may be intimidating. It can be awkward discussing your life with complete strangers who are deciding whether or not you are qualified to receive a disability.

If this is your first time dealing with Social Security in person, understand that it’s not the same as appearing in court. Although the hearing is important, it’s an informal hearing, and usually doesn’t last longer than an hour. The hearings are not open to the public as a court case is, and anyone with you (other than your attorney) is required to wait outside.

What Happens At A Disability Hearing In Houston?

This hearing is to determine the extent of your disability, and if your disability prevents you from working. The judge will ask questions to get a better idea of your condition. It’s important to answer the questions honestly and thoroughly, but don’t exaggerate or lie about anything.

What Questions Will They Ask?

Because the hearing revolves around what you can and can’t do, and why you can’t work, expect the questions to be focused on those points. You’ll likely be asked questions such as:

  • Are you working currently?
  • Why can’t you work?
  • What was your last job, and what were your responsibilities?
  • Have you tried working since you became disabled?
  • What type of formal education do you have?
  • Do you have any vocational training?
  • Where else have you worked in the last 15 years? What were those job responsibilities?
  • Do you have any problems getting along with coworkers, supervisors, customers or clients?
  • How much can you lift at one time?
  • How long can you walk, sit, or sit before you require a break?
  • How often do you need to take a break?
  • Do you have difficulties with concentration or remembering anything?
  • What effect does your disability have on your daily activities?
  • What activities do you do?
  • How does your disability affect your ability to take care of yourself?
  • What have you been diagnosed with?
  • What medical treatments have you had?
  • Are there any side effects to these treatments?

These are just some of the types of questions you may be asked. Of course, it’s important to be ready for any of these questions as well as others.

Being Prepared For The Disability Hearing

The time leading up to the hearing can be downright nerve-wracking, leading to rambling and over-answering a question—or saying something you shouldn’t. Avoid this possibility with some pre-hearing research and rehearsal.

Spend some time reviewing:

  • Your case file
  • Medical and Job Worksheet (Form SSA-3381), filled out before your application for disability
  • Your most recent medical records
  • Statements and expert medical opinions from family members, friends, coworkers and supervisors, as well as your doctor or any doctor you’ve seen regarding your condition (such as a neurologist or orthopedic surgeon.) These statements should describe your disability and how it affects you daily.

You’ll also need to provide copies of your medical records and medical opinions to the judge prior to the hearing. Keep copies for yourself as well.

Make notes using the above questions, as well as any your disability attorney might mention before the hearing. And of course, take these documents and notes along with you to the hearing.

Houston’s Disability Attorney

A disability hearing can be daunting, but it doesn’t have to be. Having an experienced disability lawyer can make the hearing—and the process—easier for you. If you are unfamiliar with the system and don’t get help, a judge can make decisions based on their own opinion, leaving you with no options for challenging them.

Let The Herren Law Firm in Houston, TX assist with your application, appeals, and records gathering to prove your case, and help win your claim. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees, and we only collect a fee if we win your case.

 

 

Filed Under: Social Security Disability Tagged With: , ,

What Happens When An Employee Goes On LTD?

October 5, 2020 by

Long-term disability is a form of insurance that offers an employee a portion of his or her income, usually 50% to 75%, during a recovery period from an illness or accident that isn’t work-related. (Worker’s Compensation covers work-related accidents.)

What Happens When An Employee Goes On LTD?

Statistics from The Council For Disability Awareness indicate that:

  • About 1 in 4 individuals currently 30 years of age will become disabled and out of work about a year before they reach retirement age
  • Most disabling incidents leading to long-term disability are not accidents, but cancer, heart disease, pregnancies, back injuries, and the like
  • About 48% of Americans have enough savings for three months of not working due to disability
  • The average duration of an LTD claim is 34.6 months, nearly three years

Two laws also govern disability leave:

Many long-term disability claimants will fall under one or both of these acts.

An Employer’s Perspective

Even when an employee is out, a company still has work that needs to be done. Temporary and/or contract help may be hired to fill in if the employee has an estimated return date. If the employee is out longer than previously determined or asks for an extension, employers may take a person off the payroll entirely.

Depending on the company, an employer may attempt to hold your job open while you are recuperating, depending on the expected length of your convalescence. Others may have a set time frame by which they will list the job as vacant, and attempt to hire someone else to fill the position. Still, other companies may hold an employee’s position for a specific time, such as a year, before they consider the employee to not return.

Can You Be Fired?

You actually can be terminated, laid off, furloughed, or outright fired while on LTD.

Receiving benefits from an LTD policy does not offer any job security, and your employment job can end for any reason. Your job can be eliminated due to downsizing, or you can be terminated for other job-performance reasons unrelated to your disability.

However, employers must tread carefully when doing so, or risk expensive litigation.

An employee cannot be fired if:

  • He or she is able to do the job with requested reasonable accommodations, but the employer has failed to provide them, whether or not the employee is on FMLA
  • He or she is on FMLA leave, whether or not they can still perform the job under the ADA.

After the 12 weeks of FMLA leave ends, an employee can be terminated. Under the ADA, an employee can request reasonable accommodations. If these accommodations don’t cause hardship, the employer is required to provide them, whether it’s a change in work hours, desk adjustments, or other changes that allow an employee to continue in their job in spite of a disability.

What About Benefits?

What happens to your insurance payments if your employment ends? It depends.

If an insurance company is paying your benefits, chances are that won’t change. But if your company is paying your long-term disability, chances are your benefits will end when your employment does.

You must continue medical treatment in order to keep your LTD benefits but may lose your health insurance in the interim. It’s a conundrum, but continued treatment for your condition is vital for a number of reasons.

This is one of the many reasons to carefully review your policy before applying for long-term disability, especially if your policy is company-provided. You’ll need to know exactly what to expect if things change substantially, such as a downsizing or your company going out of business.

Your Houston LTD Disability Attorney

If you’re facing an absence from work due to a long-term disability, but are having trouble, we’re here to help.

We’ve helped over 4,000 Houstonians have received their LTD benefits. The Herren Law Firm can help you with your application, appeals and help you through the process, and give you one less thing to worry about. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees.  We only collect if we win your case.

Filed Under: Long Term Disability Tagged With: ,
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