Jennifer Wynn Frampton’s Answers

Judges may reschedule hearings for a number of reasons but in my experience they rarely do. Sometimes it is for personal reasons, sometimes it is because they do not have a certain expert present to testify. However, if you appeared by yourself without an attorney or representative a lot of times the judge will reschedule the hearing so that you are able to obtain legal representation. It is hard to say when the hearing will be given a new date as it varies by hearing office and depends on...

Actually, I think this has helped your claim if anything. First, you were able to get a quicker hearing date. Second, from what you've described it sounds like you have a strong case. Your attorney must think so as well if s/he tried to get an OTR. The fact that judge #1 denied the OTR makes me think s/he may not have been too receptive to the case at hearing. So, it is probably a good thing that a new judge will hear your case. It is normal for claimants to contact a state rep or...

Your SSDI claim will not be dropped in December. However, as previously mentioned, it is extremely important that you appeal any denial. I find that most of these cases with a date last insured issue wind up going to hearing before an administrative law judge. You will need to prove that you became disabled prior to 12/31/13 to win on the SSDI claim. I agree it is best to discuss your strategy with an attorney who specializes in social security disability to ensure the case is properly...

Are you referring to the lawyer handling your social security disability case? Check your fee agreement with them to see whether the agreement addresses this issue. You are always free to fire an attorney if you are not satisfied with their representation. However, I always recommend that claimants have a conversation with their attorney before making that final decision. Very often the attorney is handling the case the way it should be handled but the communication is poor. If you are...

You may want to check with your Human Resources Department in regard to your Long Term Disability policy if you don't feel you are ready to return to work. If you have paid the premiums you should be able to collect on the policy provided you meet the insurance company's definition of "disabled." I agree with my colleague, that SSA typically does not take long commutes into account. They are more interested in determining whether you can perform the physical and mental requirements of your...

Congratulations! This does mean your claim has been approved. The "non-medical" requirements are just making sure you are eligible or have adequate "quarters of coverage" for SSD. If you have been steadily employed prior to becoming disabled and paid social security taxes on your wages, this should not be an issue. The "non-medical requirements" for SSI claims relate to making sure your income and asset status fall under the SSI limits. Most of the time these letters are phrased this way...

I am unaware of any statute of limitations regarding overpayments. Unfortunately, it often takes the government years to realize they overpaid a claimant. Worker's compensation issues do result in many Social Security Disability overpayments. That said, I am a little confused by your question. You say that the LTD carrier offset the worker's compensation payments. Are you certain it wasn't the SSD? The only reason I mention this is because long term disability will not offset SSD but...

You may be eligible for benefits but keep in mind, SSA is more concerned with the severity of a medical impairment rather than the mere diagnosis in most cases. You will need to prove through documented medical evidence that the symptoms of your narcolepsy interfere with your ability to work to the point you are unable to sustain full time employment. You will also need to prove that your condition has kept you from working for a 12 month period or can be expected to keep you from working...