Harlan Still & Koch Harlan Still & Koch 2026-05-19T12:53:26Z https://www.harlan-still.com/feed/atom/ WordPress /wp-content/uploads/sites/1504371/2025/01/cropped-HS_K-Site_Graphic-1-32x32.jpg On Behalf of Harlan Still & Koch <![CDATA[How the SSA changed continuing disability reviews in 2026]]> https://www.harlan-still.com/?p=253942 2026-05-19T12:53:26Z 2026-05-19T12:53:26Z What did the SSA change? Under prior procedural standards, continuing disability reviews involved state-level offices. Professionals from the SSA review medical documentation to affirm that individuals still have medical conditions that prevent them from maintaining gainful employment. This process typically involves minimal interaction with the SSDI recipients other than communication about the pending review, the completion of a questionnaire and the potential submission of newer medical records. Sometimes, a medical examination by a professional chosen by the SSA is necessary. Under the new process that took effect in 2026, continuing disability evaluations occur at the federal level. For the typical SSDI recipient, this change has very little practical impact. They do not need to travel or even change how they handle the review of their disability eligibility. However, where they send their disability questionnaire and any new medical documentation may change. The process still involves the same standards and still occurs every three to seven years, depending on the situation. Those applying for SSDI benefits, appealing a benefit denial or preparing for a review often need support from an experienced SSDI attorney. Retaining legal guidance can help people expedite the application process and avoid common pitfalls that could otherwise delay or diminish their benefits.]]> On Behalf of Harlan Still & Koch <![CDATA[How long must SSDI appellants wait for a decision after hearings?]]> https://www.harlan-still.com/?p=253941 2026-04-19T11:26:25Z 2026-04-19T11:26:25Z Wait times vary Setting a hearing in front of an administrative law judge already requires patience. The current average wait time is between six and eight months, sometimes longer, depending on the SSA office that received the initial application. During the hearing, the applicant and their attorney present information to prove that the SSA erred by denying the applicant benefits. Judges have to go over detailed medical records to validate that an applicant actually qualifies for benefits. That process can easily take another two to three months, possibly longer. Applicants may need to prepare themselves for a multi-month wait in most cases. Establishing a strict budget and tapping into alternate sources of temporary support can help people make ends meet until a judge returns their final determination. If the ruling by the judge is favorable, then the applicant is eligible for monthly benefits going forward and may also receive a lump-sum award for past-due benefits, beginning with when they were first eligible. If the hearing was not successful, then the applicant may need to discuss continuing the appeals process with their lawyer. Knowing what to expect during an SSDI appeal can help people prepare themselves for what can be a lengthy process. Patience and tenacity can pay off for those with disabling medical conditions who need SSDI benefits.]]> On Behalf of Harlan Still & Koch <![CDATA[Denied because of “transferable skills”? What Missouri workers need to know]]> https://www.harlan-still.com/?p=253940 2026-03-25T04:20:26Z 2026-03-25T04:20:26Z All across the country, hardworking people apply for Social Security Disability (SSD) when a physical injury or illness makes their career impossible. A common reason for a denial is a letter from the SSA stating that the claimant possesses "transferable skills" that allow them to perform other, less physically demanding jobs. If this has been your case, the SSA is claiming that your years of experience have given you "tools" in your mental belt that could be used in a lighter, more sedentary office job. However, under the law, determining whether a skill truly transfers is a complex legal battle that requires a deep understanding of vocational definitions.

What exactly are transferable skills?

Under SSA rules, a skill is more than just being a diligent worker, it is the acquired knowledge of a work activity which requires the exercise of significant judgment. The SSA classifies your past work into three distinct categories:
  • Skilled or semi-skilled work: If your previous role involved managing personnel, operating specialized machinery, or technical writing, the SSA views these as "transferable" assets.
  • Unskilled work: If your career consisted of purely physical labor or tasks learned in less than 30 days with no specialized training, the SSA cannot legally claim you have transferable skills.
  • Highly marketable skills: For claimants approaching retirement age, the SSA must prove your skills are "highly marketable" to deny a claim, a much higher burden of proof.
Distinguishing between a "skill" and a "job trait" (like being punctual or following instructions) is a frequent point of contention in Missouri disability hearings. A trait is general and inherent, while a skill is a specific, learned expertise that must be directly applicable to the requirements of a new, lighter occupation to be considered transferable.

The "age 50" factor: navigating the grid rules

The SSA utilizes the medical-vocational guidelines (commonly known as "the grids") which acknowledge that it becomes significantly harder to learn a new career as a worker ages.
  • Under age 50: The SSA generally assumes you can retrain for a new occupation unless your impairment is exceptionally severe.
  • Age 50 to 54: If you are limited to sedentary work and have no transferable skills, the Grids often dictate a finding of "Disabled."
  • Age 55 and oder: The rules become even more favorable. If you cannot perform your past work and have no transferable skills, you are frequently found disabled even if you can perform "light" work.
The SSA often fights aggressively to prove you possess transferable skills specifically to avoid a "Disabled" finding under these Grid rules. By labeling a former foreman or supervisor as having "clerical skills," they attempt to move your case into a different Grid category where a denial is more likely.

How a vocational expert can be wrong

During an SSD hearing, the SSA hires a vocational expert (VE) to testify about the existence of jobs in the national economy that you could still perform. They might argue that a former construction foreman has "office management skills" that transfer easily to a medical desk job. However, there is a fundamental legal difference between "supervising a crew on a job site" and "using complex database software in a medical office." An experienced attorney challenges these assumptions by proving that your past skills are too industry-specific to be useful in a different, sedentary environment. If the SSA denied your claim based on transferable skills, you should not accept their assessment as the final word and contact a lawyer, so the SSA judges your case based on the facts of your life, not an idealized version of the labor market.]]> On Behalf of Harlan Still & Koch <![CDATA[How much does it cost to hire a disability attorney?]]> https://www.harlan-still.com/?p=253939 2026-02-19T18:59:40Z 2026-02-19T18:59:40Z Social Security disability attorneys work on a contingency fee. This means you only owe payment after a favorable outcome that produces past-due benefits. In many cases, the fee is withheld from backpay by the Social Security Administration (SSA) then sent directly to the attorney after approval – meaning you generally do not need to write a check, the SSA sends the payment to the attorney.

How much of my award can an attorney get as payment?

The attorney cannot simply take whatever they deem best, there are rules that guide this arrangement. The standard fee for many Social Security cases is 25% of past-due benefits up to a set maximum that the agency updates periodically. At this time, that amount is $9,200. The agency intended for these rules to limit the financial risk for claimants while also providing payment for legal counsel to guide prospective claimants through the process.  

Is there anything else I should know about the cost of legal counsel before moving forward with a claim?

It is important to review the agreement for additional expenses that may not be covered in the contingency fee arrangement. Examples often include additional expenses connected to:
  • Medical record requests charged by hospitals, clinics, imaging centers  
  • Doctor narrative reports, residual functional capacity forms, medical opinion letters  
  • Copying, postage, electronic retrieval fees, exhibit preparation  
A clear agreement should state who pays, when payment is due and whether reimbursement occurs only after a win. When it comes to the cost of legal counsel when working through these complex cases, disability attorneys often use a contingency fee arrangement. Additional expenses such as medical record fees can apply. A claimant should review the fee agreement for the percentage, the cap, the cost policy and the reimbursement terms before signing.]]> On Behalf of Harlan Still & Koch <![CDATA[Navigating Continuing Disability Reviews after obtaining SSDI]]> https://www.harlan-still.com/?p=253935 2025-12-30T01:58:25Z 2025-12-30T01:58:25Z What is a Continuing Disability Review? The SSA may look carefully at an SSDI recipient’s condition to determine that they are still eligible for benefits. A Continuing Disability Review (CDR) is essentially an assessment of an individual's medical status. Professionals at the SSA look at recent medical records to determine if a beneficiary’s condition has improved. People undergoing treatment, for example, may find that they regain lost function and could eventually become capable of working again. The CDR process involves an assessment of an individual's medical condition, current financial resources and living arrangements to determine if they are still eligible for benefits. Even in circumstances where SSDI recipients cannot return to their prior careers, if they regain the ability to maintain any sort of gainful employment, they could become ineligible for SSDI benefits.

How often do CDRs occur?

Federal regulations require regular CDRs for those receiving SSDI benefits. The SSA typically reviews every recipient’s condition and qualifications every three years to comply with the law. However, there are cases where it is clear that the party receiving SSDI benefits cannot improve due to the nature of their condition. Even when the prognosis for an individual offers little to no hope of a recovery, the SSA may still conduct a CDR roughly every five to seven years. Those applying for SSDI benefits or trying to retain their benefits may need guidance while handling paperwork and official communications. Partnering with a legal professional can make a major difference for those who cannot work and who need to apply for or maintain their SSDI benefits.]]> On Behalf of Harlan Still & Koch <![CDATA[How the SSD appeals process works in Missouri]]> https://www.harlan-still.com/?p=253934 2025-11-26T14:19:11Z 2025-11-26T14:19:11Z Applying for Social Security Disability (SSD) benefits is stressful, especially when you receive a denial you did not expect. Many people in Missouri feel discouraged at this stage, but a denial is often only the start of the process. You have several chances to fight for the benefits you need, and understanding each step helps you move forward with more confidence.

Request for reconsideration

First thing to note is that most initial SSDI applications are denied. According to recent data, only about 38% of first-time claims were approved in 2024, meaning more than half of applications are denied at the initial stage. If this happens to you, the first step is to file a request for reconsideration within 60 days of your denial letter.  During this stage, a new SSA reviewer examines your case along with any additional medical records or evidence you submit. Many applicants strengthen their file at this point by updating test results and treatment notes.  While approval at the reconsideration level is relatively rare, completing this step is essential to keep your claim moving forward.

Hearing before an administrative law judge

If you receive another denial, you can request a hearing before an administrative law judge. This is often the most meaningful stage of the process because you finally speak directly to the decision maker.  During the hearing, you can explain your symptoms, discuss your work history and describe how your condition limits your daily life. You may also bring witnesses or medical experts.  In Missouri, these hearings take place through the Office of Hearings Operations.

Appeals Council review

If the judge turns down your claim, you have the option to request a review from the Social Security Appeals Council. The Council does not hold a new hearing. Instead, it looks for legal or factual errors in the judge’s decision.  The Council may deny your request, send your case back for another hearing or issue its own decision. Although this step has a low approval rate, it is an important safeguard when something went wrong at the hearing level.

Your final option

If the Appeals Council does not grant relief, your last option is filing a lawsuit in federal court. A federal judge looks for legal errors in the Social Security process but cannot consider new medical evidence.  Although this step takes time and requires careful legal work, it can lead to another chance at a fair review.

What you can do to strengthen your appeal

Before moving forward, it helps to understand what can make your claim stronger at every stage. These steps often make a meaningful difference:
  • Gather updated medical records that show changes in your diagnosis or treatment.
  • Track your symptoms in detail so your testimony is clear and consistent.
  • Talk with your doctors about how your condition limits your ability to work.
  • Keep copies of all letters and deadlines from Social Security.
  • Work with an attorney who understands the SSA system and can guide you through each level.
Taking these steps gives you a clearer, more organized case as you move through each appeal.

Moving forward with support

The SSD appeals process can feel overwhelming, but you do not have to face it alone. When you understand the steps and have the right support, you give yourself the best chance to secure the benefits you need to stay safe and stable.]]> On Behalf of Harlan Still & Koch <![CDATA[How long do I have to wait for an SSD hearing?]]> https://www.harlan-still.com/?p=253928 2025-10-10T13:46:09Z 2025-10-10T13:46:09Z Understanding the disability appeal timeline If the SSA denies your initial application, the first appeal is called reconsideration. On average, the reconsideration stage of a disability appeal takes just over seven months nationally. Unfortunately, a high percentage of claims are denied again at this stage. This then leads to the next step: a hearing before an Administrative Law Judge (ALJ). The national average wait for a hearing decision is approximately 11 months. However, for the Columbia, Missouri hearing office, the average wait time is significantly longer, at over 13 months. With thousands of hearing requests filed each month, this backlog can create an extended period of uncertainty. The total time from your initial application to a hearing decision can easily surpass a year and a half.

Factors that impact your wait time

Several issues can affect how long you wait for a hearing. The complexity of your medical condition, the completeness of your medical records and even your geographic location can influence the timeline. Additionally, systemic factors within the SSA, such as staffing shortages and growing backlogs, are extending wait times for everyone. A few key factors include:
  • Delays in receiving medical evidence from your doctors
  • The need for additional medical examinations
  • The specific caseload of your local hearing office
These variables make it difficult to predict an exact timeframe for any single case.

An attorney helps you prepare for your day in court

While no one can speed up the SSA's processing times, an experienced attorney plays a critical role in making sure your case is as strong as possible when your hearing date arrives. A lawyer ensures you meet all deadlines, helps gather the necessary medical evidence and prepares you to answer questions from the judge. They build a comprehensive legal argument on your behalf, which can be pivotal for a successful outcome.

Maximizing your time while you wait

The waiting period for a hearing is an opportunity to strengthen your claim. It is vital to continue with your medical treatments and follow your doctor's orders. Consistently documenting your condition and its limitations also provides the up-to-date evidence an ALJ needs to see. Navigating this long and complicated process can be difficult, but you do not have to go through it alone. Seeking legal guidance can help you build the strongest case possible for the benefits you need.]]> On Behalf of Harlan Still & Koch <![CDATA[What to expect at your Social Security Disability hearing]]> https://www.harlan-still.com/?p=253927 2025-08-28T12:56:16Z 2025-08-28T12:56:16Z Why you should have an attorney before the hearing You strengthen your case when you hire an attorney early in the process. An attorney ensures that your claim is thorough, deadlines are met and evidence is complete. With proper representation, you also benefit from knowledge of the local hearing office and familiarity with regional judges. Taking this step first gives you a stronger foundation for everything that follows. Securing legal guidance from the start helps you approach your hearing with greater organization and confidence.

How an attorney helps you prepare for the hearing

A lawyer guides you through every step of preparation. Their role is to make sure no detail is overlooked, which strengthens your case before the judge. You receive help with:
  • Collecting medical records: Gathering complete documentation from your doctors and treatment providers
  • Documenting work history: Organizing your employment background to show how your condition affects your ability to work
  • Preparing testimony: Reviewing the questions you may face and practicing clear, accurate responses
  • Organizing evidence: Submitting all supporting materials on time and in the proper format
Local attorneys know the medical providers and hearing office in your area, giving you an advantage in preparing a strong, well-organized case. Once you complete this preparation, you will know what to expect when you appear before the judge.

What happens during the hearing?

Your hearing takes place before an administrative law judge. The judge reviews your medical history, work background and testimony. You answer questions about how your condition limits your daily activities and your ability to work. Vocational and medical experts may also testify. With an attorney by your side, you present your evidence clearly and address the judge’s questions confidently. This structured process can feel less overwhelming when you know what will happen and how to respond.

Moving forward with your claim

A Social Security Disability hearing is often the turning point in your claim. By hiring an attorney early and preparing carefully, you increase your chances of approval. If you face an upcoming hearing, consider consulting with an attorney who can guide you through the process and advocate for the benefits you need.]]> On Behalf of Harlan Still & Koch <![CDATA[Understanding redetermination: Can disability benefits be revisited?]]> https://www.harlan-still.com/?p=253925 2025-07-31T22:38:15Z 2025-07-31T22:38:15Z Once you are approved to receive disability benefits, you might think that you will always have them. Unfortunately, this may not be the case: disability benefits can be revisited and redetermined. But don't lose hope yet! By understanding how this process works, you can increase your chances of holding on to your benefits.

What is redetermination?

Redetermination is the process by which the Social Security Administration (SSA) reviews a recipient's disability benefits to assess whether they still qualify. The SSA conducts Continuing Disability Reviews (CDRs) to ensure recipients meet eligibility criteria. This can occur periodically or if there are changes in circumstances. Here are some key aspects of the redetermination process:
  • Frequency of reviews: CDRs typically occur every three to seven years. The frequency depends on the likelihood of improvement in the recipient's medical condition.
  • Factors considered: Medical improvement, ability to work, and adherence to treatment plans are key factors in the review process.
Understanding these elements can help recipients prepare and respond effectively to reviews.

How an attorney can help

Working with a legal professional can be beneficial during the redetermination process. Their knowledge and guidance can help ensure you comply with all requirements. Here are some things that an attorney can assist with:
  • Documentation: Attorneys help gather and organize medical records and other necessary documentation.
  • Representation: They represent clients in hearings, if needed, providing a voice in complex legal proceedings.
  • Advice: Attorneys offer strategic advice on how to respond to inquiries and prepare for reviews.
These services can significantly ease the stress and uncertainty of navigating a redetermination. Understanding the redetermination process and seeking professional help can safeguard your benefits. An attorney can provide invaluable support, ensuring you remain informed and prepared. With the right approach, you will be prepared for any reviews and in a better position to maintain your rightful benefits.]]> On Behalf of Harlan Still & Koch <![CDATA[Why might your SSD payments change?]]> https://www.harlan-still.com/?p=253876 2025-03-21T19:49:52Z 2024-12-21T16:48:16Z You retire When you reach retirement age, you can transfer to Social Security retirement benefits. You may elect to do this relatively early, at 62, or you may wait a few more years. Be sure to understand your options and how the change could affect your payments.

Your condition improves

You receive benefits based on how debilitating your condition is and its effect on your ability to work. If your condition gets better or worse it could affect your ability to perform and thus affect your entitlement to benefits, either positively or negatively.

Your earnings change

Many people who receive SSD do some kind of work. There are strict limits as to just how much you can work while retaining your benefits. A change in your hours or earnings could therefore affect how much you receive. It is important to remember that SSD benefits are an ongoing process and the Social Security Administration may continually evaluate your entitlements. You need to think carefully about any decisions you make as they could have a drastic effect on your entitlements. Be sure to seek legal guidance to stay informed of your options if you have any questions or concerns.]]>