Applying for Social Security disability benefits can often be an intimidating and time-consuming process. Understanding how the Social Security disability system works can make the difference between winning or not winning the disability benefits and back pay to which a person is entitled. To that end, following are some common Social Security disability myths and misconceptions.
Myth: The Social Security Administration denies everyone the first time they apply for disability.
This is absolutely not true! The Social Security Administration has no social security law (regulation, policy, or formula) that influences the disability system in such a way that every first application for social security disability benefits is automatically denied. It is easy to see, however, why people would believe that such a policy exists. Nationwide, about seventy percent of all disability claims are denied on the first application filed. Seventy percent is not a small number! Your social security lawyer can be helpful to prevent unnecessary denials. Because of the amount of paperwork that associated with these claims, often times, claimants are denied because they do not comply with request for documentation by the Social Security disability reviewer. It is the role of the attorney to ensure that this does not occur.
Myth: The Social Security Administration will deny you a certain number of times before you are approved.
Also not true! Just as social security disability cases are not automatically denied on the very first application, neither are thy denied a certain number of times before they are approved. But with seventy percent of initial claims being denied, what can you do to improve the chances of getting approved? Many people simply file applications over and over again, hoping to be approved. This is not the answer. If you continue to file and initial application for disability benefits, and continue to get denied at first stage, you are denying yourself the right to having those decisions appealed. It is the role of the disability lawyer to make sure that you follow the appeals process up to the highest level of appeal. The social security attorney is also responsible for making sure that you do so in a timely manner, meeting all deadlines.
Myth: The best way to appeal a Social Security claim denial is to file a brand new application.
No. In fact, filing a new claim is often the worst thing you can do. Why? Remember that almost seventy percent of initial applications are denied. Most disability claimants will be denied on the initial application. Repeated new applications will most likely be denied, and for the same reasons. Further, historically, and statistically, if a disability case is not approved at the initial claim level, it will probably also be denied at the reconsideration level (in some states, the reconsideration step has been suspended as part of a test project) and eventually have to be heard by an administrative law judge to be approved for disability benefits. As noted above, a social security disability claim, however, will never get that far in the process if a claimant continually files new applications instead of pursuing right to appeal.
In short, to improve your chances of winning your disability case, you should:
1) Follow the appeals process; and
2) Find representation.
Myth: Certain medical conditions or mental health problems can get you automatically approved for benefits.
The answer to this is both yes and no. Certain impairments are singled out and specified in the Social Security Administration’s Impairment Listing Manual. Claimants, who have listed medical problems at the level specified in the manual, can be approved for benefits somewhat easier than those who do not. The disability evaluation process, however, even for listing level impairments, is never automatic. All claims are evaluated according to the medical evidence; gathered first by the Disability Determination Services at the initial claim and reconsideration levels, and then by a staff attorney or Judge at the hearing level. Claims are decided by the information held by medical providers.
It is important to remember, therefore, that disability claimants should seek regular medical treatment throughout the entire time their claim is pending. This is to ensure proper documentation for evaluation purposes. Disability cases in which the medical evidence is scant and doctor visits are sporadic, will, generally, have little chance of approval. Conversely, claimants who get regular medical care will usually have more solid cases and a better chance of obtaining social security disability benefits.
Myth: You cannot get Social Security Disability if you have used drugs or alcohol.
This is not true. It will depend on the extent of the use and how recent the use was. Currently, it is not possible to receive disability benefits based solely on addiction. But, whether such use will affect a claimant’s eligibility for benefits depends on materiality. If a claimant’s drug or alcohol abuse is found to be material, in other words relevant, to the case, the case will not win.
For example, a claimant applies for disability based on liver dysfunction and hepatitis. The claimant also has a history of alcohol abuse, some of it recent. Is the claimant contributing to their own illness by abusing alcohol abuse? Are the claimant’s symptoms due to alcohol abuse or drug abuse or to their impairment?
If the claimant’s liver damage were so pronounced that ceasing alcohol use completely would make no difference to the claimant’s medical condition, then alcohol abuse would be immaterial, or irrelevant, to the case. Conversely, if ceasing alcohol use would result in medical improvement, then the alcohol abuse is material to the disability case and the claim would be denied. Simply put, Social Security will not pay benefits to claimants whose disabling conditions are brought on and exacerbated by, drug and alcohol abuse. Claimant’s who have a history of abuse but who are not currently using substances should carefully review their medical records before filing for disability.
Further, medical doctors and mental health professionals will often indicate “suspected use” in their treatment notes. Such indications, proven or not, can have a damaging effect on a disability case. Claimants, whose disabling conditions are psychiatric in nature, should especially heed this since mental cases are more likely to be denied when substance abuse is involved.
Each case is different but it is certainly true that the applicant has a better chance of obtaining benefits if they have maintained at least six month of sobriety.
You may have many questions as the process and or perhaps why you are being denied. It is advisable that you contact a disability lawyer to help you navigate this process. While there are many myths about the Social Security claim process that are untrue, the process does include a fair amount of rules and regulations to navigate that are better suited for a social security attorney.
Showing posts with label social security lawyer. Show all posts
Showing posts with label social security lawyer. Show all posts
Thursday, December 9, 2010
Monday, October 25, 2010
What are Representative Payees?
A relatively common scenario encountered by claimants is the situation where the claim has been awarded, but the claimant has been informed that he will not receive the funds directly. Instead, the funds will be distributed to a third-party “representative payee.” A representative payee is a person, agency, organization or institution that the Social Security Administration selects to manage a claimant’s funds when the claimant is determined to be incapable of doing so.
The first question the claimant will ask is, “why am I not receiving my funds directly?” The short answer is that they fall within one of the three categories of claimants the Social Security Administration has determined must have a representative payee. The first two categories are pretty straightforward and include most children under the age of 18 and legally incompetent adults.
The third and most common category though is anyone that Social Security determines to be incapable of managing or directing the management of his or her funds. Since a finding of disability is obviously a prerequisite to obtaining benefits under Social Security’s Disability and Supplemental Security Income programs, it stands to reason that a representative payee could be found necessary in all cases. Fortunately, the rules are not quite so liberal and the necessary finding that must be made before a payee is established is not an arbitrary process. There are strict standards in place requiring the Social Security Administration to evaluate medical or other types of evidence concerning the claimant’s ability to manage his benefits.
The next question becomes, “who may serve as a representative payee.” The answer is almost anyone. For example, a representative payee may be someone concerned about the claimant’s welfare (e.g. parent, spouse, guardian, friend), and an institution/entity, such as a nursing hone, nonprofit agency, or administrators at a homeless shelter. One of the few limitations is that the payee cannot be a convicted felon.
The payee does not have unlimited discretion in spending the funds. The payee must ascertain the needs of the claimant and use the benefits in his best interests. Funds must first be used for basic needs such as food, clothing and housing. The payee must also account for how the money is used each year.
Finally, either the claimant or the payee may request that the relationship be changed or terminated at any time. Upon receipt of the request, the Social Security Administration will investigate the situation and determine whether the request is appropriate.
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The first question the claimant will ask is, “why am I not receiving my funds directly?” The short answer is that they fall within one of the three categories of claimants the Social Security Administration has determined must have a representative payee. The first two categories are pretty straightforward and include most children under the age of 18 and legally incompetent adults.
The third and most common category though is anyone that Social Security determines to be incapable of managing or directing the management of his or her funds. Since a finding of disability is obviously a prerequisite to obtaining benefits under Social Security’s Disability and Supplemental Security Income programs, it stands to reason that a representative payee could be found necessary in all cases. Fortunately, the rules are not quite so liberal and the necessary finding that must be made before a payee is established is not an arbitrary process. There are strict standards in place requiring the Social Security Administration to evaluate medical or other types of evidence concerning the claimant’s ability to manage his benefits.
The next question becomes, “who may serve as a representative payee.” The answer is almost anyone. For example, a representative payee may be someone concerned about the claimant’s welfare (e.g. parent, spouse, guardian, friend), and an institution/entity, such as a nursing hone, nonprofit agency, or administrators at a homeless shelter. One of the few limitations is that the payee cannot be a convicted felon.
The payee does not have unlimited discretion in spending the funds. The payee must ascertain the needs of the claimant and use the benefits in his best interests. Funds must first be used for basic needs such as food, clothing and housing. The payee must also account for how the money is used each year.
Finally, either the claimant or the payee may request that the relationship be changed or terminated at any time. Upon receipt of the request, the Social Security Administration will investigate the situation and determine whether the request is appropriate.
Monday, October 18, 2010
Acceptable Medical Sources: Who is considered acceptable and how are unacceptable medical sources treated?
When you apply for social security disability benefits, the Social Security Administration (SSA) uses medical and other evidence to determine whether an individual’s impairment(s) meet the SSA requirements for disability. When making a determination of disability, SSA will consider ALL available evidence in the individual’s case record. This includes medical evidence from acceptable medical sources, other evidence from medical sources, statements by the individual and others about the impairment(s), information from other non-medical sources and decisions by other governmental and nongovernmental agencies. However, not all forms of evidence are given the same weight by SSA when determining whether to award benefits.
Acceptable Medical Sources
SSA makes a distinction between acceptable medical sources and other health care providers who are not acceptable medical sources. Acceptable medical sources are licensed physicians, licensed or certified psychologists, licensed optometrists, licensed podiatrists and qualified speech-language pathologists.
Evidence from acceptable medical sources is needed to establish the existence of a medically determinable impairment. Acceptable medical sources can give medical evidence and can be considered treating sources whose medical opinions may be entitled to controlling weight. Only acceptable medical sources can give medical opinions, which are statements from an acceptable medical source that reflects judgments about the nature and severity of an individual’s impairment. This includes symptoms, diagnosis and prognosis, and what an individual can and cannot do despite their impairments.
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Acceptable Medical Sources
SSA makes a distinction between acceptable medical sources and other health care providers who are not acceptable medical sources. Acceptable medical sources are licensed physicians, licensed or certified psychologists, licensed optometrists, licensed podiatrists and qualified speech-language pathologists.
Evidence from acceptable medical sources is needed to establish the existence of a medically determinable impairment. Acceptable medical sources can give medical evidence and can be considered treating sources whose medical opinions may be entitled to controlling weight. Only acceptable medical sources can give medical opinions, which are statements from an acceptable medical source that reflects judgments about the nature and severity of an individual’s impairment. This includes symptoms, diagnosis and prognosis, and what an individual can and cannot do despite their impairments.
Wednesday, October 13, 2010
The Role of a Social Security Disability Lawyer
The role of a Social Security disability lawyer is to make filing your disability claim as painless as possible while ensuring that you receive the full amount of benefits to which you are entitled.
It’s hard for the average person to deal with the mountain of paperwork that comes with filing a Social Security disability claim. The Social Security Administration is diligently working to prevent fraud in disability claims (they suffer almost one hundred million dollars worth of fraud every year) and as a result their rules and regulations on how to properly file a disability claim have grown increasingly strict.
It’s unfortunately not uncommon for someone with a genuinely legitimate disability claim to be denied because of some minor clerical error in preparing their paperwork. A misplaced form or improperly filled out paperwork can make the Social Security Administration incorrectly flag your disability claim as fraudulent and that means you get denied the benefits that you are entitled to.
It’s not your fault; you don’t deal with this sort of bureaucratic red tap everyday. That is why you should always consult with an experienced social security disability professional when you need help getting your disability benefits!
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It’s hard for the average person to deal with the mountain of paperwork that comes with filing a Social Security disability claim. The Social Security Administration is diligently working to prevent fraud in disability claims (they suffer almost one hundred million dollars worth of fraud every year) and as a result their rules and regulations on how to properly file a disability claim have grown increasingly strict.
It’s unfortunately not uncommon for someone with a genuinely legitimate disability claim to be denied because of some minor clerical error in preparing their paperwork. A misplaced form or improperly filled out paperwork can make the Social Security Administration incorrectly flag your disability claim as fraudulent and that means you get denied the benefits that you are entitled to.
It’s not your fault; you don’t deal with this sort of bureaucratic red tap everyday. That is why you should always consult with an experienced social security disability professional when you need help getting your disability benefits!
Monday, October 11, 2010
Social Security Disability and Obesity
SSR 02-1p, effective September 12, 2002, provides guidance on SSA policy concerning the evaluation of obesity in Social Security disability claims. This ruling came about as a response to the deletion of listing 9.09 for Obesity, which had once been a part of the Listing of Impairments in 20 CFR, subpart P, appendix 1.
Listing 9.09 first required that a claimant filing a Social Security disability claim exceed a certain weight based on his or her height. Once this requirement was met, the claimant would have had to exhibit one of the five following impairments:
• History of pain and limitation of motion in any weight-bearing joint or spine…
• Hypertension with diastolic blood pressure persistently in excess of 100 mm
• History of congestive heart failure manifested by past evidence of vascular congestion…
• Chronic venous insufficiency with superficial varicosities in a lower extremity with pain on weight-bearing and persistent edema
• Respiratory disease with total forced vital capacity equal to or less than the value specified…
As of October 25, 1999 when the deletion became effective, a person filing for disability benefits could no longer claim obesity as stated above. However, pursuant to SSR 02-1p, obesity must still be considered in the evaluation process. Listing 9.09 was deleted because Social Security felt the listing’s criteria “were not appropriate indicators of listing-level severity.” In other words, the criteria set forth in listing 9.09 “did not represent a degree of functional limitation that would prevent an individual [applying for disability benefits] from engaging in any gainful activity.”
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Listing 9.09 first required that a claimant filing a Social Security disability claim exceed a certain weight based on his or her height. Once this requirement was met, the claimant would have had to exhibit one of the five following impairments:
• History of pain and limitation of motion in any weight-bearing joint or spine…
• Hypertension with diastolic blood pressure persistently in excess of 100 mm
• History of congestive heart failure manifested by past evidence of vascular congestion…
• Chronic venous insufficiency with superficial varicosities in a lower extremity with pain on weight-bearing and persistent edema
• Respiratory disease with total forced vital capacity equal to or less than the value specified…
As of October 25, 1999 when the deletion became effective, a person filing for disability benefits could no longer claim obesity as stated above. However, pursuant to SSR 02-1p, obesity must still be considered in the evaluation process. Listing 9.09 was deleted because Social Security felt the listing’s criteria “were not appropriate indicators of listing-level severity.” In other words, the criteria set forth in listing 9.09 “did not represent a degree of functional limitation that would prevent an individual [applying for disability benefits] from engaging in any gainful activity.”
Friday, October 8, 2010
Retirement and SSDI Benefits
We all know that, in order to receive disability benefits under Title II of the Social Security Disability Act, one must have enough work credits to establish eligibility. Once a person with the proper amount of work credits stops working because of disability or any other reason, he or she will be “insured” for five years. The date in which an individual will no longer be eligible to receive disability benefits because his or her insured status has expired is referred to as the “Date Last Insured.” Because of the Social Security Administration’s technical eligibility requirements, sometimes, otherwise medically eligible claimants will not be eligible for benefits. For instance, those individuals with too many resources to be eligible for Supplemental Security Income, whose Date Last Insured has also expired prior to the established onset date, will be deemed technically ineligible regardless of medical eligibility. This is a frustrating situation for claimants applying for disability benefits.
However, what happens once a claimant who’s Date Last Insured has expired reaches retirement age?
It would seem unjust, that a person who has worked all his or her life, but who became disabled and could no longer work for the years preceding his/her retirement age, would not be eligible for it because of the fact that he or she neglected to file for disability benefits or waited too long to do so. If this scenario were true, a lifetime of hard work and paying into the system would be all for nothing.
Read Full Article
http://www.socialsecuritylaw.com/blogs/Retirement-SSDI-Benefits.php
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However, what happens once a claimant who’s Date Last Insured has expired reaches retirement age?
It would seem unjust, that a person who has worked all his or her life, but who became disabled and could no longer work for the years preceding his/her retirement age, would not be eligible for it because of the fact that he or she neglected to file for disability benefits or waited too long to do so. If this scenario were true, a lifetime of hard work and paying into the system would be all for nothing.
Read Full Article
http://www.socialsecuritylaw.com/blogs/Retirement-SSDI-Benefits.php
Wednesday, October 6, 2010
Social Security Disability: Why is this taking so long?
I’ve been working all my life and paying taxes. Now that I’m not able to work and need help, SSA keeps denying my claim for disability benefits. Why is this taking so long?
It’s hard to be patient when you can’t afford to go the doctor and you don’t have money for medicine food, rent or utilities. But if you think about it logically, you can begin to at least understand why this process is necessary.
Think back to when you were working. Your employer would hand you your paystub, and you’d look to find that a chunk of your pay was taken out before they even gave it to you. You were paying toward the Social Security System. But you know that the government wasn’t holding your money in an account for you in case you should one day need it. The government was giving your money to the elderly and people who could no longer work.
So suppose that some government official approached you on payday and said, “Here’s your check, but before I give it to you, I’m going to take back three hundred bucks and give it to someone who can no longer work.” Your initial reaction might initially be a negative one, but you are human, and you at least to some extent agree that humans must take care of their elderly and sick – or you would not be applying for benefits now.
But this is the tradeoff - as a member of the workforce, I’ll contribute now to those who can no longer work so that I can be treated the same when I become unable to work. With one condition: before you take my money away from me and give it to those who can no longer work, at least make them prove they can no longer work. I surely do not want to give my hard-earned money to everyone who merely claims they can no longer work.
Read Full Article
http://www.socialsecuritylaw.com/blogs/Disability-Why-So-Long.php
VISIT SOCIAL SECURITY LAW TODAY
It’s hard to be patient when you can’t afford to go the doctor and you don’t have money for medicine food, rent or utilities. But if you think about it logically, you can begin to at least understand why this process is necessary.
Think back to when you were working. Your employer would hand you your paystub, and you’d look to find that a chunk of your pay was taken out before they even gave it to you. You were paying toward the Social Security System. But you know that the government wasn’t holding your money in an account for you in case you should one day need it. The government was giving your money to the elderly and people who could no longer work.
So suppose that some government official approached you on payday and said, “Here’s your check, but before I give it to you, I’m going to take back three hundred bucks and give it to someone who can no longer work.” Your initial reaction might initially be a negative one, but you are human, and you at least to some extent agree that humans must take care of their elderly and sick – or you would not be applying for benefits now.
But this is the tradeoff - as a member of the workforce, I’ll contribute now to those who can no longer work so that I can be treated the same when I become unable to work. With one condition: before you take my money away from me and give it to those who can no longer work, at least make them prove they can no longer work. I surely do not want to give my hard-earned money to everyone who merely claims they can no longer work.
Read Full Article
http://www.socialsecuritylaw.com/blogs/Disability-Why-So-Long.php
Thursday, August 12, 2010
Why You Should Hire a Social Security Disability Lawyer
Why Should You Hire a Social Security Disability Attorney?
For many people, filing for Social Security Disability benefits can be a complicated and confusing process. Many applicants wonder if they should hire an attorney to help guide them through that process. Social Security (SSA) does not require you to have an attorney, and, in fact, people have won their cases on their own. But, does having an attorney make a difference in whether an applicant wins or loses Social Security disability benefits? During Congressional testimony, California Congressman Robert T. Matsui stated:
“Professional representation is a valuable, and indeed vital, service. The disability determination process is complex. Claimants without professional representation appear to be far less likely to receive the benefits to which they are entitled. For example, in 2000, 64% of claimants represented by an attorney, but only 40% of those without one, were awarded benefits at the hearing level.”
Simply put, at the hearing level, you can improve your odds of winning your Social Security Disability case by more than 50% if you are represented by an attorney. Many people have never hired an attorney before and the decision to hire one can be daunting. Naturally, you will have many questions. If you are considering hiring an attorney to help you with your Social Security Disability case, here is some basic information to help with that decision.
How Can I Afford to Pay An Attorney?
Many people applying for SSA Disability benefits, especially those who have been denied at the initial application level, have not worked for a while. Therefore, the number one question on people’s minds is, How can I afford to pay an attorney when I am not working?” The answer is simple: you only pay an attorney’s fee if you win your case. Generally, a disability attorney will represent clients on a contingency basis. That means you do not pay an attorney anything in advance and you do not pay an attorney a fee if you do not win your case.
The SSA and federal law set attorney’s fees in disability cases. The standard fee agreement most disability attorneys use states that the attorney’s fee is contingent upon winning your case. The fee is 25% of all past due benefits, up to a maximum of $6,000, or whichever is less. Thus, depending on the amount of your past due benefits, the attorney’s fees are usually only a small portion of the benefits you receive.
How Can A Disability Attorney Help Me?
There are several ways a disability attorney can help you. A disability attorney will help you understand the SSA Disability process. Filing a claim is just the first step in what is often a long and frustrating process. There is a lot of paperwork to fill out, deadlines to meet, and documentation to assemble. Claims are often denied because paperwork was not completed properly, a deadline was missed, or evidence was not obtained or reviewed. A disability attorney will guide you through each step in the process.
A disability attorney will also help you develop a strategy that both of you should follow to win your case. Many SSA Disability claimants file an application and then simply do whatever SSA tells them to do. This is often not enough to win disability benefits. It is important to understand what is necessary to prove your case and how you will go about winning it. The sooner you know this, the sooner you and your attorney can work together to execute the strategy and increase your chances of winning.
Conclusion
If you are contemplating filing a claim for SSA Disability benefits, it is wise to consult with an attorney. The consultation shouldn’t cost you anything except your time. And, by understanding the SSA Disability benefits process and having a strategy, you can significantly improve your chances of winning your case. .
Simply put, at the hearing level, you can improve your odds of winning your Social Security Disability case by more than 50% if you are represented by an attorney. Many people have never hired an attorney before and the decision to hire one can be daunting. Naturally, you will have many questions. If you are considering hiring an attorney to help you with your Social Security Disability case, here is some basic information to help with that decision.
How Can I Afford to Pay An Attorney?
Many people applying for SSA Disability benefits, especially those who have been denied at the initial application level, have not worked for a while. Therefore, the number one question on people’s minds is, How can I afford to pay an attorney when I am not working?” The answer is simple: you only pay an attorney’s fee if you win your case. Generally, a disability attorney will represent clients on a contingency basis. That means you do not pay an attorney anything in advance and you do not pay an attorney a fee if you do not win your case.
The SSA and federal law set attorney’s fees in disability cases. The standard fee agreement most disability attorneys use states that the attorney’s fee is contingent upon winning your case. The fee is 25% of all past due benefits, up to a maximum of $6,000, or whichever is less. Thus, depending on the amount of your past due benefits, the attorney’s fees are usually only a small portion of the benefits you receive.
How Can A Disability Attorney Help Me?
There are several ways a disability attorney can help you. A disability attorney will help you understand the SSA Disability process. Filing a claim is just the first step in what is often a long and frustrating process. There is a lot of paperwork to fill out, deadlines to meet, and documentation to assemble. Claims are often denied because paperwork was not completed properly, a deadline was missed, or evidence was not obtained or reviewed. A disability attorney will guide you through each step in the process.
A disability attorney will also help you develop a strategy that both of you should follow to win your case. Many SSA Disability claimants file an application and then simply do whatever SSA tells them to do. This is often not enough to win disability benefits. It is important to understand what is necessary to prove your case and how you will go about winning it. The sooner you know this, the sooner you and your attorney can work together to execute the strategy and increase your chances of winning.
Conclusion
If you are contemplating filing a claim for SSA Disability benefits, it is wise to consult with an attorney. The consultation shouldn’t cost you anything except your time. And, by understanding the SSA Disability benefits process and having a strategy, you can significantly improve your chances of winning your case. .
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