If you have been denied at your initial hearing, appealed in time (60 days), and then were denied at reconsideration – the road to receiving your Social Security Disability Benefits can look daunting, even impossible. It’s likely, you’ve appealed that decision, have waited multiple months, and the day has finally come to have your hearing in front of an Administrative Law Judge (ALJ). What happens now? And importantly, what can you do to prepare?

The biggest problems facing claimants who are not represented by an ALJ are not understanding the hearing format and unaware of the medical and other evidence in their file!

Ensuring Your Medical File is Ready For Review

The single biggest obstacle is the medical file. When unrepresented it is YOUR responsibility to make sure your medical records have been properly submitted to the hearing office and have been placed in your electronic file for the judge to review. This is NOT Social Security’s responsibility. No records, or not an adequate file typically leads to frustration with the judges and a possible unfavorable decision for an otherwise great claim. How do you go about fixing this problem? When the hearing office schedules your hearing (typically more than 75 days out) they will mail you a CD with your file. You need to ACCESS this record and see what Social Security is MISSING from your medical record. Social Security must have records pertaining from your onset date to shortly before your hearing. The ALJ’s tasked to decide your case cannot award benefits if there are no medical records for the time in question. For example if you allege Disability from 2016 but only have records beginning 2019, the judge WILL NOT find you disabled prior to the medical records on file! You can request your medical record from your providers at little or no cost to you directly from the provider. This then must be submitted NO LATER than 5 DAYS prior to hearing via fax, mail, etc. Do NOT bring records with you to the hearing unless you HAVE TO (i.e., just received them).

The second biggest obstacle for unrepresented claimants is they are unaware of the hearing format. It is NOT to tell the judge what’s wrong and why they should find you disabled. The ALJ will ask you specific questions about your daily activities, where you worked and the reasons behind leaving work. It is not, in other words, an open forum for you to discuss your problems. It is detailed, specific and if you are not prepared the burden is on you, not the administration.

Other Tips for Your Hearing

We highly recommend you adhere to the following advice as well:

• Don’t interrupt the judge.
• Answer the judges specific question. A question about your past work is not a entry to discuss your back problems. The judge knows about your back problems, they want to know about the question they asked.
• Come prepared with recent medical evidence already submitted well in advance.
• Arrive early to your hearing. Most offices will screen you for drugs and weapons and have forms to fill out, do NOT BE ON TIME. ON TIME is LATE.
• Dress comfortably but respectfully; no logos or political statements.
• Show the judge respect. “Yes your honor” or “No your honor.” They are judges and expect to be treated respectfully. They are the sole decision makers of your claim, so it always helps to show respect.

If you’re interested in finding expert representation to claim your Social Security Disability Benefits, Marken Law Group, does not charge a fee unless you get the benefits you deserve. Click the link below for a free consultation!

Get Expert Help Securing Your Social Security Disability Benefits

Social security Benefits are mostly known for those of partial or full retirement age, though there are several different types of benefits, such as survivor benefits. The official name of the program is Old-Age Survivors and Disability insurance (OASDI) which helps your spouse or dependents receive a passed-on spouse’s social security benefits on top of their own. 

Below you’ll find information that gives a more in-depth understanding of a widow’s social security benefit derived from their spouse and some advice on how to navigate the complex rules of the program. 

Who Qualifies for Social Security Survivors Benefits?

To qualify for social security survivor benefits, you’ll have to meet the requirements for eligibility, which include:

• You must be a widow or widower of any age who is caring for the deceased’s child or children under the age of 16, or who are disabled.
  • Step-children, grandchildren, step-grandchildren, and adopted children can be included under certain circumstances
• A widow or widower who is 60 years older or more who has not remarried
• Any unmarried children of the deceased who are younger than 18 years old or have a disability that surfaced before 22 years old.
• Parents that are 62 years or older that were dependent on the deceased for at least half of their income and whose social security income would not be larger than of the deceased’s children. 
• A surviving divorced spouse may receive benefits if they meet other eligibility requirements

Another point of qualification is shared with social security retirement requirements, meaning you would have to have worked a certain number of years and gained the proper amount of credits each year for your loved ones to be eligible for the benefits. 

How are Social Security Benefits Calculated for a Widow?

How the benefits are calculated for a widow can quickly become complex as there are several provisions for different circumstances. One such provision is the one-time death benefit payment of $225, which can be issued if the deceased spouse either lived with the widow(er) or was receiving social security benefits on their record. If there is no surviving spouse, the one-time payment can be given to a child who is eligible for the benefits. Another provision is if the death leaves a spouse with dependent children, which allows the benefits to be paid to them if the deceased had earned at least 6 credits within the three calendar years prior to their passing. 

To gain the benefits, a specific amount of credits are needed to be eligible, depending on the age of the spouse who has passed. The younger they are, the fewer credits are needed, but the maximum required is 40. Also, just as with the Social Security Administration’s retirement SSI program, the amount of survivors benefits depends on the average lifetime earnings of the spouse who passed. The more that was earned, the higher the benefit till a maximum amount is reached. 

How Big Can the Benefits Be?

The benefits survivors receive can depend on their age and the type of relationship they had with the deceased:

Widow(er) Benefits

If at the full retirement age, the surviving spouse can receive the total amount of the deceased’s benefits. If they are between the ages of 60 and full retirement age, they can receive between 71% to 99% of the amount. A disabled spouse between 50 and 59 years of age can receive up to 71%, and a spouse caring for a child under the age of 16 at any age can receive up to 75%. A divorced spouse, if they qualify as previously mentioned, can receive the same amounts listed above.

Children and Parent Benefits

Children under the age of 18, or 19 if still in school or disabled, can receive 75% of the deceased parent’s benefit. A parent that is dependent on the deceased is eligible to receive 82% of the benefits, but if both parents are alive and were dependents, then they each can collect 75%.

As you can see, it can become quite complicated to ensure you receive your social security from your loved one. Here at Marken Law Group, we have a comprehensive understanding of social security benefits for surviving spouses. We understand how stressful benefits can be and don’t want to add to your plate during this sad and stressful time. Partner with an experienced ally that is by your side from start to finish with a qualified social security Lawyer to help you through this process to secure your benefits.

Secure Your Social Security Benefits Today