DISABILITY BENEFIT RECOVERY

I am a fly on the wall.  I recently watched a Social Security disability hearing where the claimant was unrepresented.  I could not speak up, but what I observed should help you if you are also headed for a hearing.  The judge proposed the following hypothetical question to the vocational expert:  "Assume an individual of the same age, education and work experience as the claimant.  Assume this individual is limited to a light exertion level, being able to lift and carry up to 25 pounds occasionally and up to 10 pounds frequently.  He can walk up to 6 out of 8 hours and he can sit 6 hours out of 8 hours; can occasionally bend, stoop, kneel, crouch and has unlimited ability to reach bilaterally with the upper extremities.   The judge asks the vocational witness, "Can the claimant perform any of his past relevant work?"  The vocational expert correctly answered, "No, he could not." The judge asks, "Is there any other work that he could perform?"

When you get a favorable decision on your Social Security disability claim, you see a statement like this in your Notice of Decision: The claimant's date last insured is December 31, 2015.  Or, The records indicate that the claimant has sufficient work history to remain insured for disability benefits until December 31, 2015. This does NOT mean that your disability benefits will terminate on December 31, 2015.  This is the "date last insured."  This is the date that you stop being insured to file a NEW claim for disability benefits.  It's like saying, "If you first become disabled after this date, your disability insurance has expired and you are not covered for a new claim beyond this date." Once you receive a favorable decision on your disability claim, your benefits will continue until you are no longer disabled, you reach retirement age or die.  At retirement age, you can receive pension benefits. If you are thinking about filing a Social Secur