Find the Help you need to get your Social Security Disability Benefits!

24/7 Toll Free Help Line
1-800-527-6015

Archive for December, 2011

« Older Entries

The 5 Most Common Disability Mistakes Made by Social Security Disability Claimants

Thursday, December 29th, 2011

Claimants have many questions about how to expedite their Social Security Administration disability benefits but what they need to ask is what common disability mistakes they are making which are delaying or jeopardizing their disability application.

Today we are going to talk about the 5 most common disability mistakes made by Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claimants which make it difficult or impossible to win disability benefits.

 1.    Expecting the Social Security Administration to do all of the work.

On our disability forum we get many questions from disability claimants asking the following questions:

  • When will the Social Security Administration send me disability forms?
  • When will the Social Security Administration call me?
  • When will the Social Security Administration send me to a disability evaluation?

Unfortunately, one of the most common disability mistakes made by disability claimants is expecting the SSA to do all of the work. If you need disability forms, visit the online SSA website and either complete the application online or download your own disability forms. If you have not seen the doctor, got to the doctor and get medical evidence that you are disabled. If you need information about your claim, contact the Social Security Administration.

One way to guarantee that your claim will take a long time to process is to sit and wait for the SSA to do all of the work. Over 2 million claimants applied for disability last year. The SSA is overwhelmed with disability applications, and they are not looking out for your best interest.

 2.    Working too much and making too much money.

Another one of the most common disability mistakes is applying for disability benefits while working and performing substantial gainful activity. If you are performing substantial gainful activity you will be denied benefits regardless of the severity of your health condition. Before you apply for benefits, make sure you understand the disability rules.

Substantial gainful employment does not have to be for pay or profit and can include other substantial activities such as attending school, self-employment (even if you are not making money) and illegal activities.

3.    Failing to get proper medical care.

Another one of the most common disability mistakes made by disability claimants is failing to have medical evidence to support your disability claim. To win disability benefits you will need information proving that your condition is severe, long-term (expected to last for at least 12 continuous months) and so debilitating that you cannot work.

Does the SSA send claimants to an examination? Yes, if they do not have sufficient evidence to prove their claim. This sounds like good news right? Not for most claimants. This evaluation is called a consultative examination and for most claimants it is a very short examination which is generally NOT helpful to claimants.

4.    Applying for benefits over and over and not appealing a denial.

The second most common disability mistake is simply caused by a lack of knowledge about the process. Many claimants do not realize that if they are denied benefits they have the right to file an appeal of the denial decision within 60 days from the date of the denial. Claimants, instead, choose to file their application over and over again without adding additional information to their claim or doing research to clearly understand why they have been denied.

5.    Refusing to consult with a disability lawyer

 The last disability mistake is failing to talk to a disability lawyer. Do you have to hire a disability lawyer to get benefits? No, but disability lawyers understand the disability process, they process hundreds of claims a year and there is no charge for their help unless they win your SSDI or SSI claim.

 

 

Related articles
Enhanced by Zemanta

Tags: , ,
Posted in Disability Benefits, Social Security Disability | No Comments »

5 steps to expedite your Social Security Administration disability application

Sunday, December 25th, 2011

Disability claimants have heard a variety of different rumors: everyone is denied Social Security Disability Insurance or Supplemental Security Income the first time they apply, it takes two years to win SSI and SSDI disability benefits or you have to be old to win benefits. There is a lot of misinformation and confusion about how to win Social Security Disability Insurance and Supplemental Security Income benefits fast.

Today we will talk about five easy steps that EVERY claimant should follow to make sure their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) is processed as quickly as possible.

Give the Social Security Administration accurate information.

Surprisingly, SSI and SSDI claimants complete disability applications and submit it to the Social Security Administration with missing or inaccurate information. Medical evidence is used to make your disability determination so if the doctor’s name, address or phone number is inaccurate or missing, this will delay your disability application

Get good medical care to document the severity of your condition.

Given the current state of medicine in America this is difficult for many disability claimants but absolutely necessary. We get a lot of questions on our forum about whether or not it is possible to win Social Security Disability Insurance or Supplemental Security Income benefits without seeing doctor, and it may be possible, but it is VERY improbable.

Understand the Social Security Disability Insurance and Supplemental Security Income disability process.

Do you know what the SSA considers a disability? Do you know how long you must be disabled? Do you know what the SSA Listing of Impairments is and whether not your disability is on this list? Surprisingly, many disability claimants do little to no research before applying for SSI or SSDI benefits. Take one hour and review our website www.socialsecurityhome.com or the SSA website www.ssa.gov for the answers to your disability questions.

Talk to a disability lawyer.

Do you have to have a disability lawyer to win disability benefits? No, many claimants win SSI and SSDI benefits without legal help, but disability lawyers help thousands of claimants each year and will expedite your disability case at every step of the disability process.

Follow-up with the Social Security Administration.

I hear from claimants every day who filed an application six months or a year ago (maybe 2 years ago) and have heard nothing about their claim. There claim may have been denied months ago but they have no idea of the status of their disability application. It will take the SSA 90 to 100 days to process a disability claim, but if you have not heard from the Social Security Administration within 100 days, call them and find out what YOU can do to help move the process along. Do not hassle the Social Security Administration but DO be proactive when it comes to getting your SSI or SSDI claim approved.

Although some SSI or SSDI claimants do have to wait up to 2 years to win Social Security Disability Insurance or Supplemental Security Income benefits, most claimants who understand the process, who provide great medical documentation, who talk to a disability lawyer and who proactively work WITH and not AGAINST the SSA, will eventually have their disability benefits approved

If you have a severe health condition which does not allow you to work and you meet the requirements of SSDI or SSI, it is time to talk to a disability lawyer. Fill out the FREE evaluation form and a disability lawyer’s office will contact you for a free disability consultation and discuss how to speed up your disability application.

Related articles

Enhanced by Zemanta

Tags: , ,
Posted in Disability Benefits, Social Security Disability, Supplemental Security Income | No Comments »

Chronic Pain and SSA Disability Benefits

Sunday, December 25th, 2011

Chronic pain is real and very debilitating for many workers. Some workers experience chronic pain which is so severe that it makes it impossible for them to work eight hours per day, forty-hours per week. So whether your chronic pain is so severe that strong pain relievers cannot alleviate it or it exists but the medical community has failed to find an origin or diagnosis, if you cannot work you should be able to qualify for either Supplemental Security Income or Social Security Disability Insurance benefits.

It sounds simple, but it is not.

Winning disability benefits for chronic pain from the Social Security Administration

The Social Security Administration (SSA) awards benefits for disability claimants in two ways: meeting a listing on the SSA listing of impairments or through a medical vocational allowance. Unfortunately, pain does not have a specific listing in the Social Security Administration (SSA) Listing of Impairments so “meeting a listing” is not possible.

How can you win Social Security Disability Insurance (SSDI) or Supplemental Security income (SSI) benefits for chronic pain? You will have to prove through credible medical evidence (doctor’s notes, laboratory results, MRIs, X-rays) that your acute pain is so severe that you cannot work. Unfortunately, if you have no medical evidence to support your claim of chronic pain you will be denied disability benefits.

Obviously, due to the subjectivity of chronic pain this may be difficult. Some claimants may be able to work through severe chronic pain while other claimants will seek out various levels of treatment. First, the Social Security Administration (SSA) will want to know what efforts you have made to alleviate your acute pain.

Information and medical treatments for pain

Claimants who suffer from severe acute pain will have to have records clearly documenting where the acute pain is located, the type of acute pain, what parts of the body pain affects and its severity.

The Social Security Administration (SSA) will also need information about what medical treatments have been used to either limit or stop the pain. Some claimants will also take large amounts of prescription medications or seek alternative pain treatments such as acupuncture or a TENS unit. Unfortunately, claimants who “work through” the pain and refuse treatment may genuinely suffer from extreme levels of pain, but the SSA may be less likely to believe the pain is severe if the claimant has not sought treatment.

Winning disability through a Medical Vocational Allowance

Up to 70% of disability applications are denied at the application level. If your disability is not on the Social Security Administration (SSA) listing of Impairments it will be very difficult to win benefits. So will you win SSI or SSDI for pain at the initial application level? Honestly, probably not. If you have other conditions which may severely limit your ability to work, your chances will improve, but most likely you will have to appeal your denial and request a reconsideration (the first step in the SSA appeals process).

All your medical evidence including testimonies, subjective statements from friends, family, co-workers, and doctors, records of the types and amounts of pain medications and your own testimony should clearly indicate that you do not have the residual functional capacity to work or perform work-related activities. What types of activities does this include?

  1. Lifting and carrying
  2. Sitting, standing and walking
  3. Pushing and pulling
  4. Handling, fingering and feeling
  5. Operation of foot controls
  6. Reaching overhead
  7. Balancing, stooping, kneeling, and crawling
  8. Climbing ladders, stairs and ramps
  9. Environmental limitations (cold, dust, heat, vibrations, humidity)

Additional information about your ability to work may be deduced from your ability to perform your daily activities including:

  • Shopping
  • Traveling
  • Ambulating with assistance
  • Walking on uneven surfaces
  • Ability to use public transportation
  • Feeding yourself
  • Preparing meals
  • Showering and dressing

Hiring a Disability Lawyer

Claimants who can prove that they do not have the ability to either perform a number of work-related tasks or their daily activities due to severe chronic pain may be able to win disability benefits. Contact a disability lawyer for more information.

Related articles
Enhanced by Zemanta

Tags: ,
Posted in Disability Benefits, Social Security Disability, Supplemental Security Income | No Comments »

Obesity and Disability Benefits

Saturday, December 24th, 2011

Obesity is caused by an excessive accumulation of body fat. According to leading health experts, obesity occurs if the BMI or body mass index of an individual is over 30. Morbid obesity occurs if an individual is 100 pounds more than “normal weight” and their BMI is greater than 40.

Obesity is caused by a variety of factors including behavior, genetics and environment. Prior to 1999, the Social Security Administration had a specific listing for disability but deleted the listing in 1999, claiming that obese claimants now have the ability to perform substantial gainful activity (SGA).

What does this mean for the obese claimant? Obesity alone will not be enough to prove that the claimant is disabled and unable to work. The Social Security Administration does, however, recognize that morbid obesity can impair a claimant and will consider the impact of obesity as an aggravating factor for other medical listings. Some listings in the SSA Listing of Impairments for example, have explanations outlining how obesity can exacerbate the condition.

The Social Security Administration also recognizes that if a claimant has a condition such as musculoskeletal disorders, lack of pulmonary function, diabetes or arthritis if the claimant is also disabled this will reduce their residual functional capacity to work.

SSR 02-01p states “individuals with obesity may have problems with the ability to sustain a function over time” further “[i]n cases involving obesity, fatigue may affect the individual’s physical and mental ability to sustain work activity.”

Claimants who are morbidly obese and can prove that they have difficulty maintaining their normal daily activities such as bathing, walking, and/or driving a car may also be able to prove that they have little capacity to maintain full-time employment.

Winning disability benefits for Morbid Obesity

The Social Security Administration has two methods they use to determine whether a claimant qualifies for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Claimants can either “meet a listing” or they can prove through the medical vocational allowance process that they cannot work. As mentioned above, because morbid obesity is not considered a listed condition, claimants will not be able to “meet a listing.”

Winning disability benefits through a medical vocational allowance

When a claimant applies for disability, the Social Security Administration evaluates the disability case using a very detailed set of rules referred to as medical-vocational guidelines. These rules are designed to help Social Security employees, no matter where they are located, evaluate every disability case “objectively” using the same set of standards.

The SSA will evaluate a claimant’s current job and past jobs, along with the claimant’s residual capacity to work to determine if a claimant can perform sedentary work (sitting for up to 6 hours in an 8 hour day, and lift up to 10 pounds), light work (standing and walking for up to 6 hours in an 8 hour day, frequently lifting 10 pounds and lifting 20 pounds occasionally) or medium work (standing and walking for up to 6 hours in an 8 hour day, lifting 25 pounds frequently and 50 pounds occasionally).

After the disability examiner determines the residual capacity of the claimant they will also factor in their age, education and previous work experience. Based on these factors and the GRID rules, the SSA makes their determination. Keep in mind, the older the claimant the greater chance they will be found disabled.

Related articles
Enhanced by Zemanta

Tags: , ,
Posted in Disability Benefits, Social Security Disability, Supplemental Security Income | No Comments »

Wounded Warriors disability claim expedited

Thursday, December 22nd, 2011

Speeding up the Disability Process under the Wounded Warrior Initiatives

The Social Security Administration has introduced a new disability process for Wounded Warriors to expedite or speed up disability claims of disabled veterans. The Wounded Warriors Initiative provides expedited Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits for disabled veterans who became disabled while they were on active military duty on or after October 1, 2001, regardless of whether the injury or condition occurred while they were serving in the United States or out of the country.

Disability Benefits offered through Wounded Warrior Initiatives

The SSA provides SSDI and SSI benefits to wounded warriors who meet the qualifications of one of the programs. SSDI is provided to disabled veterans who have a severe health condition which is expected to last for at least 12 continuous months and which does not allow them to perform substantial gainful activity. SSDI is only provided to wounded veterans who have worked and paid enough in payroll taxes to be considered insured by the Social Security Administration.

Disabled veterans who are not insured and have not worked enough to have sufficient work credits for SSDI benefit may instead be eligible for Supplemental Security Income. SSI is for wounded warriors with limited income and resources, but is also provided to disabled veterans who cannot work for at least 12 continuous months.

Can a wounded veteran’s family get disability benefits under the Wounded Warrior Initiative?

Wounded veterans who receive SSDI benefits may, under certain conditions, qualify to receive family benefits (auxiliary benefits). Auxiliary benefits may be paid to an injured veteran’s spouse and children. Supplemental Security Income does not pay auxiliary benefits to wounded warrior’s family.

Spousal benefits are paid to the wounded warrior’s spouse if she is 62 years or older or caring for a child who is less than 16 years of age or who is disabled. Children may receive benefits if they are not married, younger than 18 years of age or 19 if they are attending school full-time. Children who are disabled prior to 22 years of age may continue to receive benefits indefinitely.

How does work activity affect the wounded veteran’s disability?

Although working and making too much money can disqualify a wounded warrior from receiving SSDI and SSI, the Social Security Administration recommends that all wounded warriors apply for disability benefits and allow the SSA to determine how their active duty status or their military salary affects their disability benefits. For example, many wounded warriors who are receiving medical treatment, who are participating in a rehabilitation treatment program or who are performing limited duty may be eligible for either SSI or SSDI benefits.

How can the Wounded Warrior speed up their disability process?

The Social Security Administration has instituted special procedures to expedite the disability evaluation for wounded warriors, but there are steps that the disabled veteran can take to ensure that their disability claim is evaluated as soon as possible. According to the SSA the wounded warrior should:

• Notify the SSA that their application is for a wounded warrior and that their disability occurred while they were on active duty.
• Provide accurate information to the SSA about medical records and what military facilities provided medical service.
• Provide the SSA with updated contact information as soon as possible.
• The wounded veteran should also contact the SSA if they change doctors.

The Wounded Warrior Initiative allows for the wounded veteran’s disability application to be expedited through every step of the disability evaluation process from the initial application review, the DDS evaluation and, if needed, the Administrative Hearing. Although the disability process is not perfect, efforts like the Wounded Warrior Initiative will ensure and our wounded veterans, who have valiantly defended our country, will be protected.

Related articles
Enhanced by Zemanta

Tags: ,
Posted in Disability Benefits, Social Security Disability, Supplemental Security Income | No Comments »

Learning disabilities and disability benefits

Friday, December 16th, 2011
Do you have a learning disability? Are you wondering if you qualify for SSA disability benefits? Whether you are an adult or child you may struggle with a learning disability. Most learning disabilities manifest themselves early in a child’s life and may have made it difficult for them to learn new information, solve problems, listen, or understand math or reading concepts. As the individual ages, it may make it difficult for them to maintain employment. Winning disability benefits will not be easy. Read below for more disability benefit information.

Early Intervention for learning disabilities

Early intervention for learning disabilities is critical. If a parent, school administrator or counselor is able to intervene early in the learning process the child may be able to effectively learn with specific teaching modifications.

Identifying learning disabilities can be challenging. “Learning disabilities” is a broad term used to identify a variety of learning disorders. The signs and symptoms will vary by age but as a child enters grade school it is not unusual to see the following difficulties:

  • Trouble learning the connection between letters and sounds
  • Unable to blend sounds to make words
  • Confuses basic words when reading or speaking
  • Consistently misspells words
  • Trouble learning mathematical concepts
  • Trouble verbalizing ideas or participating in class discussions

Getting Disability benefits for a Learning Disability

Whether you are a child or an adult, if you have a learning disability it will be hard to win benefits unless you can prove that your condition is very severe. For a child that will mean proving that your learning disability causes “a marked and severe functional limitation.” For an adult, you must prove that your condition is so severe that you cannot work for at least 12 continuous months.

If you are applying for your child you will need to complete the Childhood Disability application and provide medical information to support your child’s SSI claim. Valid medical sources can include therapists, doctors and hospitals that have provided medical services to your child. Additionally, the SSA will require information from your child’s school (counselor, therapist, and teacher) which should outline how your child’s learning disability affects them and their ability to perform at school.

What if you are an adult with a severe learning disability? To win either SSI or SSDI benefits you will have to prove that your condition is so severe that you cannot perform work for at least 12 continuous months. If you have successfully worked in the past, you may need information about why your residual capacity to work has lowered.

To help your claim, you can provide medical documentation which proves that your learning disability markedly limits your ability to understand, your memory, your ability to sustain concentration and persistence, social interactions or adapt to a changing work environment. This information is similar to what the SSA will evaluate for a mental health disorder, but it can also be useful in proving that your learning disability is severe.

For instance, if you have medical documentation to prove you need assistance with personal grooming, shopping, or paying bills or if you can prove that you are unable to concentrate on routine daily tasks, it may be easier to prove that you would not have the capability to maintain full-time employment.

Hiring a Disability Lawyer

Learning disabilities can make it difficult to find employment, especially in the current competitive job market. The SSA, however, will be less concerned with whether you can FIND a job and more concerned with whether or not you CAN work. Talk to a disability lawyer for more information if you have a severe learning disability.

Related articles
Enhanced by Zemanta

Tags: ,
Posted in Disability Benefits, Social Security Disability, Supplemental Security Income | No Comments »

What information does the SSA need to process my disability claim?

Tuesday, December 13th, 2011

Social Security Disability applicants often ask, “What documents do I need to provide to the Social Security Administration (SSA) for disability benefits?”

Unfortunately, many SSI and SSDI claimants fill out their disability application and “sit back” and expect the SSA to do all the work. Given that the SSA receives millions of disability applications each year, the assumption that the SSA is “looking out for your best interest” can be misguided. Even if they wanted to, they simply lack the resources to give every claimant the attention they need.

Your goal as an SSI or SSDI applicant is to make sure that the Social Security Administration has all of the medical and vocational information they need to accurately assess your medical condition and determine if you qualify for benefits. Does this mean you have to gather your own medical records? No, the SSA is responsible for that (unless you have extra copies in your possession), but it does mean that you take a proactive approach to your case.

What information does the SSA need to start your disability claim?

• Medical authorization forms (SSA-827) which according to the SSA, “serves as the claimant’s written request to a medical or other source to release information.

These sources include but are not limited to the claimant’s doctors, hospitals, schools, psychiatric social worker, nurse, family member, friend, and employer.”

• All of the application documents requested by the Social Security Administration.

The SSA will decide whether you are disabled by reviewing your medical files and all of the medical information provided by your treating sources. It is highly recommended
that you take an active role in confirming that all relevant medical records have reached your Social Security Disability file.

One common mistake claimants make is providing inaccurate information on their initial application, making it impossible for the Social Security Administration to gather all of the claimant’s medical records. Not only does this add potentially weeks onto the disability approval process, if the SSA cannot find a particular doctor, the records from them will not be requested and the claimant’s case may be decided without the SSA reviewing all of their medical information.

How can you improve your chances of winning disability benefits?

Provide the Social Security Administration with a detailed and accurate list of all of your hospitals, doctors and healthcare providers. This list should include the names, addresses, phone numbers, and dates of treatment for each treating source.

Adding Information to your Social Security Disability File

After the SSA receives your disability application and medical records they begin to develop what is called the Social Security disability claims file or exhibit file. Disability adjudication in some states is actually performed by state personnel in conjunction with the SSA. The disability adjudicator who is working each case should send the claimant their name and address. If a claimant has additional information or evidence (additional medical documentation, letters or forms) that they would like to submit to the SSA, they should be able to contact their disability adjudicator and arrange for the information to be put into their disability file.

So, in conclusion, to start the disability process you will need to complete a disability application either online at www.ssa.gov or by contacting the SSA at 1-800-772-1213. To complete this application you will need to have the following information:

• Employment records for the last 15 years and the date of the last day you worked
• Prescription information, including, names, dosage amount and prescribing doctors
• Hospital, doctor, and clinics names, phone numbers and addresses
• The Social Security Number of the individual applying for Social Security Disability benefits
• A Valid birth certificate
• Marriage and dependant information
• Public benefit information you are currently receiving
• Information about your disability
• W-2 tax forms

After completing the application and all of the disability forms, the SSA will begin to evaluate your claim and should contact you within 120 days to let you know if you have been approved.

Tags: , , , , , ,
Posted in Disability Benefits, Social Security Disability, Supplemental Security Income | No Comments »

Social Security Administration disability benefits for an old work injury

Monday, December 12th, 2011
Many Social Security Disability Insurance and Supplemental Security Income claimants have old work injuries. Unfortunately, the residual effects of some accidents or old work injuries can cause problems as disability claimants age and continue to work, eventually making it impossible to perform substantial gainful activity. Many Social Security Disability Insurance and Supplemental Security Income claimants ask, “Can I get Social Security Disability benefits for an old work injury which occurred years ago?”

Yes, it is possible to get Social Security Disability Insurance or Supplemental Security Income s for an old work injury or accident that happened in the past, but the Social Security Administration (SSA) will have to decide that your mental or physical health condition will last at least 12 continuous months and will not allow you to perform substantial gainful activity.

How do I know if I am performing substantial gainful activity?

If you have applied for Social Security Disability Insurance (SSDI) you cannot be currently working at what the SSA considers a “substantial gainful activity level” or making more than $1,000 per month (2010). What if you are working and making too much money? The SSA will deny your SSDI disability claim, regardless of how severely you are injured from an old injury.

Next, you must have a severe mental or physical health condition that will not allow you to work for at least 12 continuous months. If you have been in a car accident, you might be injured now, but many car accident injuries will be healed within 12 months. Car accident victims who are severely injured now with what the SSA considers a “short-term” injury will not qualify for SSDI or SSI disability benefits but will have to rely on other compensation programs provided by their employer or their car insurance policy.

Finally, the SSA will determine if you have sufficient work credits to receive SSDI. SSDI is only available to workers who have worked long enough and paid sufficient employment taxes to be considered “insured.” If you have not worked or paid taxes, you will not have accumulated enough work credits and you will not qualify for SSDI.

Most workers will need between 20-40 work credits for SSDI (the amount varies based on the age of the worker when they became disabled). If you become disabled at age 31 or older, you generally need at least 20 credits in the 10 years immediately before you became disabled. According to the SSA, workers can receive one credit for each $1,120 of earnings, up to the maximum of four credits per year (in 2011).

The criteria listed above are considered “non-medical criteria.” The SSA will not pull your medical records and evaluate your claim if you are not insured for SSDI, you will not miss 12 months of work or if you are currently working too much.

Okay, so back to the question. Let’s assume you meet the non-medical criteria and your old work injury has caused you to stop working for at least 12 continuous months. Next the SSA will evaluate your health conditions to see if they are severe and they “meet a listing” on their SSA Listing of Impairments. This list simply identifies the most common conditions the SSA assumes are completely debilitating and will not allow a claimant to perform substantial gainful activity.

So for instance, let’s say you were injured at work 3 years ago and you suffered a severe work  injury. Maybe you attempted to return to work for a few years but over time the symptoms from the accident were too severe or you now have other conditions such as diabetes, COPD, or carpal tunnel syndrome which has continued to lower your ability to complete a normal work week.

If your work injury does not “meet or exceed” a listing on the SSA listing of impairments, the SSA will review all of your medical records and determine if your conditions impede your ability to work and determine whether you have the residual capacity to work your current job, previous jobs or retrain for new work given your age, work history, residual functional capacities, and education. If they determine you cannot work any type of job, they will award you disability benefits for your old work injury.

Related articles
Enhanced by Zemanta

Tags: , , , ,
Posted in Disability Benefits, Social Security Disability | No Comments »

When is my mental health disability evaluation for SSDI?

Sunday, December 11th, 2011

Many Social Security Disability Insurance (SSDI) claimants assume the Social Security Administration (SSA) will schedule a mental health examination and make a determination about whether or not they can qualify for disability benefits.

Unfortunately, this is not the process for approval. There is no mental health evaluation to determine disability for SSDI claimants. The Social Security Administration (SSA), instead, focuses on a claimant’s medical records from qualifying medical sources to make their SSDI disability determination and decide whether a claimant’s mental health condition is so severe they cannot work.

For instance, the SSA will first look at the medical records you have in your mental health medical file. If you claim to have a severe mental health condition, the expectation is that you would have been receiving professional treatment for this condition for some time and you are following your prescribed mental health treatment plan. What types of medical information would the SSA evaluate?

• Medical notes and documentation from licensed physicians (medical or osteopathic doctors) documenting the severity of your mental health

• Medical notes from licensed or certified psychologists and psychiatrists

• Medical Reports which can include the medical history of the claimant’s mental health condition, clinical findings (such as the results of physical or mental status examinations), laboratory findings (such as blood pressure, x-rays), diagnosis (statement of disease or injury based on its signs and symptoms), treatment prescribed with response, and prognosis and statements about what the claimant can still do despite their impairment.

• Medical notes from licensed counselors

If you have not received proper medical care for your severe mental health condition, the SSA could argue that with proper medical care and medication, you might be able to work at a substantial level. If you have received proper medical care for your mental health condition and you are following your doctor’s medical recommendations but you continue to have difficulty in activities of daily living, social functioning, concentration, persistence, or pace, you will have an easier time winning SSDI benefits.

What if you do not have a mental health doctor?

Given the current state of medical care in this country it is not unusual for many SSDI claimants to either not have insurance or simply not be able to afford medical care, especially if they have had to quit working.

What do you do if you are not under the condition of a professional mental health specialist? This will make it very hard to win your claim.

If you do not have sufficient medical information to prove your SSDI claim, the treating physician is not a specialist for your medical condition or your treating sources have failed to send your medical records to the SSA, the SSA will send you to a consultative examination (C.E.).

The C.E. exam should not be considered “medical care.” It is simply a cursory review of a claimant’s mental health status. The C.E. does not offer an opinion about whether the claimant is disabled or have the authority to approve SSDI benefits.

The good news is that this examination may allow some claimants to win benefits who have not had sufficient medical care. The bad news is that the C.E. exam, especially for claimants suffering from a mental health disorder, is generally insufficient to substantiate mental health conditions unless they are readily apparent. In fact, some claimants claim these examinations may last for as little as five minutes; clearly an insufficient amount of time to prove disability.

The bottom line- this cursory C.E. exam cannot possibly replace medical documentation provided by a physician who has an ongoing relationship with you. If you have not gotten medical treatment for your mental health condition it is time for a thorough, comprehensive examination

Related articles
Enhanced by Zemanta

Tags: , , , , ,
Posted in Disability Benefits, Social Security Disability | No Comments »

Obsessive Compulsive Disorder (OCD) and Disability Benefits

Saturday, December 10th, 2011
Person washing his hands

Image via Wikipedia

Obsessive compulsive disorder (OCD) causes claimants to repeat behaviors, also known as compulsions, over and over again or to obsess about objects or thoughts which create a combination of apprehension and anxiety. Whether Obsessive Compulsive Disorder manifest in thoughts or actions, they tend to create patterns which are difficult to ignore and which slowly control the individual.

Symptoms of Obsessive Compulsive Disorder (OCD)

Although the individual’s obsessions or compulsions may be incomprehensible to observers, individuals who have them cannot control them. Common obsessive compulsive behaviors can  include:

• Excessive cleaning or obsession about germs
• Repetitive checking or examining whether a task has been completed
• Extreme hoarding of possessions
• Aversion to certain things such as numbers
• Nervous repetitive actions or rituals
• Obsessive thoughts

Unfortunately, the irrational nature of the obsessive compulsive individual may eventually destroy relationships, and while a paranoid or psychotic individual may not recognize their behavior as irrational, a person suffering from OCD generally does, which may create even more anxiety.

This condition is found in men and women in equal percentages. It is estimated that most individuals who have OCD have compulsive actions as well as obsessive thoughts. Compulsive behaviors generally start in childhood and are more common than other mental health disorders.

Winning SSD Benefits for OCD

Claimants who have OCD can become so overwhelmed by their condition that it can begin to interfere with their ability to maintain employment. Generally, the SSA will expect that claimants suffering from this condition would be getting treatment from a mental health professional, taking the appropriate medication and following the requirements of their medical treatment plan.

The Social Security Administration (SSA) will award disability benefits to claimants who either meet a listing in the SSA Listing of Impairments (informally known as the Blue Book) or through a medical vocational allowance.

Meeting an  SSA Listing for OCD

The SSA will evaluate OCD or Obsessive Compulsive Disorder under 12.00 Mental Disorders, section 12.06 Anxiety-related Disorders. For this listing the SSA will evaluate if “in these disorders anxiety is either the predominant disturbance or it is experienced if the individual attempts to master symptoms.” Some of the specific symptoms the SSA is looking for include:

• Generalized persistent anxiety accompanied by three out of four of the following signs or symptoms: motor tension; or autonomic hyperactivity; or apprehensive expectation; or vigilance and scanning.

• A persistent irrational fear of a specific object, activity, or situation which results in a compelling desire to avoid the dreaded object, activity, or situation; or

• Recurrent severe panic attacks manifested by a sudden unpredictable onset of intense apprehension, fear, terror and sense of impending doom occurring on the average of at least once a week; or

• Recurrent obsessions or compulsions which are a source of marked distress; or

• Recurrent and intrusive recollections of a traumatic experience, which are a source of marked distress.

The SSA will also evaluate if your condition causes marked restriction of your activities of daily living and your social functioning or marked impairment in your concentration, persistence, and pace. They will also determine how often you have periods of decompensation where you need extra medication, medical intervention or treatment.

Winning benefits for OCD through a medical vocational allowance

Claimants whose conditions do not meet the listing outlined in the SSA Listing of Impairments may still be able to win benefits if they can prove that their condition is so severe it does not allow them to perform substantial gainful activity. The SSA will also consider the claimant’s age, work history, education, mental health condition and residual capacity to work when they are making their decision.

Related articles
Enhanced by Zemanta

Tags: , ,
Posted in Disability Benefits, Social Security Disability, Supplemental Security Income | No Comments »

« Older Entries




LeadRival LP BBB Business Review


Online Marketing for Lawyers