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  • Disability Group 2:06 pm on March 7, 2011 Permalink | Reply  

    How to Prove Mental Illness in a Disability Case 

    How to Prove Mental Illness in a Social Security Application

    By:  Disability Group (http://www.socialsecuritylaw.com)

    There is no question that people who suffer from mental illnesses have difficulty finding and maintaining employment.  Many mental illnesses such as clinic depression or bi-polar disorder can have a major effect on one’s ability to interact with others, follow directions and stay on task.  These qualities are necessary for most individuals to find employment and avoid getting fired.

    Although all doctors acknowledge the existence of mental disorders, not all of them are disabling.  When a person claims that they are disabled due to a mental condition, there are many complex processes that the Social Security Administration will go through in order to determine whether or not your mental condition is truly “disabling.”  The following questions address some of the things that Social Security will consider when evaluating a mental illness claim: (for even more information, see: Do I Qualify)

    Can the mental condition be successfully treated using medication or therapy?

    If someone alleges that they have a mental disability but have never been treated for it, then there is very little chance that they will receive disability benefits.

    If you are being treated for a mental illness, the next question is, can the illness be treated? Many doctors are weary about the effects of certain medications and my try to use therapy as a means for treatment first.  If this is unsuccessful, then your doctor may refer you to a psychiatrist.

    There are numerous medications that psychiatrists can try before determining that your mental illness is not treatable.  Just because one medication does not work does not necessarily mean that another will not.  Everyone responds to medications differently and doctors generally have no other way to determine which one is best for you other than by trial and error.

    Do drugs and alcohol affect a mental disability?

    Prolonged drug and alcohol abuse can cause a person to have similar symptoms as someone with a mental illness.  For that reason, a person using drugs and/or alcohol may have a difficult time winning their disability claim.

    One of the steps to proving a person’s disability involves determining the severity of the person’s impairments.  This step can be difficult if there is any evidence of drug/alcohol abuse in the individual’s medical records.  If you have a history of substance abuse and you currently have a claim for disability, it is important that you:  1) abstain for such activities and 2) make sure that your medical records state that your substance abuse is “in remission”.

    How severe must a mental disability be in order to be considered disabling?

    It depends on the specific mental disorder that you have but in general there are four areas that a judge will consider in determining how severe your impairments are:

    1)      Activities of daily living refers to your ability to perform certain tasks such as cooking, cleaning, shopping, using public transportation, grooming, paying bills, using telephones etc.

    2)       Social Functioning refers to your ability to interact with other people, such as family, friends, and neighbors, and your ability to make friends, participate in groups, and cooperate with others.

    3)      Concentration, persistence or pace refers to the ability to stay focused and complete tasks in an appropriate amount of time.

    4)      Episodes of decompensation are a little more complicated but it basically refers to any extended period of time where someone experienced increased signs of difficulty with the previous three areas.

    Some tips to help your case:

    1)      Continue seeing your doctor and make sure to explain fully how your condition affects you

    2)      Completely avoid using drugs or alcohol

    3)      Make sure that you are being compliant with treatment (i.e. follow doctor’s orders)

    4)      Give social security the same information that you give your doctors

    For a free case evaluation, click here or call (800) 248-1100.

    Copyright secured by Digiprove © 2011
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    • Phyllis White 9:05 am on June 27, 2011 Permalink | Reply

      I need assistance for my son, Ronneal White who is scheduled for his first social security appointment for disability due to mental illness on Friday, July 1, 2011. Ronneal has been diagnosed with schizohrenia about 3-4 years ago and since that time has been on the go between Georgia and Indiana. He was committed to 8-months in Richmond, Indiana last year and now back in Georgia. He just recently got out of a jail where the physician at the jail was prescribing him Risperdal. I just need to see if his case qualifies for your program for an individual who does not have any money but needs a lawyer to help with his social security case. Any assistance will be greatly appreciated. I may be reached at 404-583-6860.

  • Disability Group 5:28 pm on March 4, 2011 Permalink | Reply  

    Social Security Disability: The Difference Between SSI and SSDI? Which One Do I Need? 

    Social Security Disability: The Difference Between SSI and SSDI?  Which One Do I Need?

    By:  Disability Group (http://www.socialsecuritylaw.com)

    The Federal Government provides two different benefits for Americans who become disabled and are no longer able to work.  Social Security Disability Insurance (SSDI) is for workers who have paid into the Social Security system through payroll taxes and is similar to the familiar retirement benefits program.  Supplemental Security Income (SSI) is an entitlement program for those with limited income and resources and is available regardless of work history.

    Can I apply for both benefits?

    You can and should apply for both SSDI and SSI benefits!  It is possible that you will qualify for both programs and have concurrent entitlement, but even if you don’t you should still apply for both.

    What are the qualifications for SSDI?

    ●     You must be a United States citizen or permanent resident;

    ●     You must not yet be eligible to claim retirement benefits (under 65);

    ●     You must have worked recently enough and for enough time;

    ●     You must be disabled by the Social Security Administration’s definition

    To determine if you have worked recently enough and for enough time to qualify for benefits, the Social Security Administration uses a “credit” system.  Certain income levels earn you “credits” within a year and if at a certain age you have enough credits you can qualify for SSDI benefits. (To find out if you qualify or for a free consultation regarding SSDI benefits visit us at www.socialsecuritylaw.com.)

    What are the qualifications for SSI?

    ●     You must earn less than a specific income level set by the Social Security Administration;

    ●     You must have limited resources;

    ●     You must be a United States citizen (there are a few exceptions);

    ●     You must be disabled by the Social Security Administration’s definition

    This benefit is designed for disabled citizens with limited means and the Social Security Administration measures this by determining your income level and the value of your “resources”.  Resources can include cash reserves, stocks, bonds, or any asset that could be converted into cash.  (If you have questions about whether or not you meet the resource or income limitation for SSI benefits please contact us at www.socialsecuritylaw.com)

    Copyright secured by Digiprove © 2011
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    • Carla Ramotar 10:22 am on April 27, 2011 Permalink | Reply

      Good Afternoon Sirs and Madames. I had my Son Timothy evaluated by a therapist for Social Security. I was sent a letter denying my claim. My Son has Esberger Syndrome. I hipe i spelled that right? He can’t stay focused when he really needs too. I guess they figure if you are able to lift items you are not disabled. i was granted an appeal but it was during the time of my Husband’s demise. I had so much going on in my life that the time expired for the appeal. My Son Timothy was always put in Slow classes and disabled classes all through HighSchool. They even put him in handicap classes in Highschool. He went as far as the 10th. grade but it became unbearable for him. they treated him like he had A.d.d. At times but found out that he has a chemical inbalance of the brain. When i was interviewed, i didn’t have any back up papers so maybe that’s why they denied him? By the Grace of God, i found a stack of papers when he was evaluated all through SWchool. Once he was even Baker acted. Anyway, We never collected for him as a child or as a young adult. I don’t understand how he was labled as mentally impaired in School but it has no bearing at all with the Social Security People. I am not trying to cheat anyone. I know my child can not hold down a job with his mentality. How will he be able to support himself after i’m gone. I hope this e-maIl doesn’t fall on death ears. Thank you in advance for your time. My number is 813-446-4038. Home number, 813-780-6254

    • Security system Colorado 2:54 am on April 5, 2012 Permalink | Reply

      Nice information, good stuff with good ideas and concepts, lots of great information and inspiration, both of which we all need, thanks for providing such helpful information here.

  • Disability Group 10:00 am on February 10, 2011 Permalink | Reply  

    How Much Do I Have To Pay My Social Security Disability Lawyer? 

    When do I have to pay my Social Security Disability lawyer?

    Your lawyer should not charge you any upfront fees. Your lawyer’s fees have to be approved by the Social Security Administration. Your lawyer gets paid only when you are found disabled by the Social Security Administration and found entitled to retroactive benefits. Your lawyer is paid directly from the Social Security Administration when your retroactive benefits check is cut.


    What are retroactive benefits?

    Retroactive benefits are benefits (money), which accrue during the time frame it took you to be found disabled by the Social Security Administration and awarded. Retroactive benefits start accruing from your onset date. Your onset date is the date you became disabled.


    How much do I have to pay my Social Security Disability Lawyer?

    As of June 22, 2009, the maximum fee amount you can be charged for representation is $6000, which is set by the Social Security Administration.  That means you should never be asked to pay more than $6000, and, in fact, you could pay a lot less!


    Can my lawyer fee be less than $6,000?

    As the law is written your lawyer is entitled to 25% of your retroactive benefits, not to exceed $6000.

    If your retroactive benefits check is $15,000, 25% of that amount is $3,750. This is the amount the Social Security Administration will take out of your check and mail to your lawyer. Your retroactive benefits check is written for $11,250 ($15,000- $3,750.)

    The only other costs you are responsible for are “out of pocket” expenses incurred by your lawyer as he/she prepared your case. An example of this expense is the money the lawyer paid for obtaining your medical records. “Out of pocket” expenses should be minimal and are usually collected after you receive your award from the Social Security Administration.

    If you have questions about how social security disability lawyers are paid, give us a call!

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    • Gordon Pfeifer 12:21 pm on March 7, 2011 Permalink | Reply

      Spoke to my doctor last week and said I would qualify for disability. Just want to know the beat way to go for applying.

      Thank You, Gordon

    • New york wrongful death lawyer 5:12 am on September 7, 2011 Permalink | Reply

      This is really informative and helpful post! Thanks for posting, look forward to more…

  • Disability Group 11:58 am on February 7, 2011 Permalink | Reply  

    How To Keep Your Social Security Disability Benefits 

    Did you know that once you have been awarded disability benefits, your claim may come up for review in the future?  Usually these reviews won’t come up for a couple of years, but sometimes your award may result a review in as early as eighteen months or a year.  This can happen especially in cases where it seems like your condition is likely to improve in the very near future pending surgery or proper medical attention.

    In order to keep your disability benefits it’s important that you continue to see your doctors regularly.  We recommend seeing a doctor at least every three months in order to maintain regular treatment.

    The purpose of social security disability is to provide medical care and financial assistance to those who become unable to work due to disability.  Hopefully, with proper medical care, a disabled person is able to get better and return to the work force.  If the claimant doesn’t get better, then he or she cannot return to work.  As long as your condition does not improve and this is documented in your medical records, then eligibility for disability benefits should not end.

    Therefore, the most important thing for you to do in order to keep your disability benefits is to continue going to your doctor.  Social Security wants to know that disabled persons are trying to get better.  This is why it is important to maintain regular treatment and to comply with your doctor’s orders even after you have received an award for disability benefits.

    Remember to:

    1)      Go to your doctor(s) regularly (or at least every three months)

    2)      Comply with doctors orders, i.e., take your medications, get XRAYs and blood work (etc.) done as the doctor orders, undergo and/or talk seriously about pros and cons of any suggested surgery or procedures.

    3)      Let your doctor know if there are any changes in your condition or in the symptoms you are experiencing, for the better or for the worse.  If there are no changes, talk about that too!

    4)      Refrain from drug, tobacco, and alcohol use:  Social Security also wants to know you aren’t doing anything that could possibly make your conditions worse.

    When your claim comes up for review, as long as your condition  hasn’t improved to the point you are able to return to fulltime work and you have maintained regular treatment as discussed above, you should not lose your disability benefits.

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    • glen 5:57 pm on August 19, 2011 Permalink | Reply

      is it possible to lose your ssdi benefits when you don’t see a doctor regularly? i don’t work but haven’t been to a doctor in a few years.

    • David 10:39 am on March 9, 2012 Permalink | Reply

      glen, The number one thing to do is see your doctor regularly. My last review was determined by the previous 90 days of physician records and I was never interviewed directly. In short, if you are healthy enough to live without medical help you can work.

  • Disability Group 10:00 am on January 19, 2011 Permalink | Reply
    Tags: cdr, medical review. children,   

    You got your benefits – now how do you pass a review? 

    Once you are receiving Social Security Disability benefits, the Social Security Administration will periodically review your case to make sure that you are still disabled. This review is called a Continuing Disability Review (CDR) and the law requires it.


    What can you expect from a CDR?

    When the SSA determines that you are disabled, your disability determination specialist sets a date for your case review. This schedule is called a diary. Most diaries are based on the expectation of recovery and are for three or seven years, but they can be sooner:

    • If medical improvement is “expected,” a case normally will be reviewed within six to 18 months;

    • If medical improvement is “possible,” a case normally will be reviewed no sooner than three years;

    • If medical improvement is “not expected,” a case normally will be reviewed no sooner than seven years.

    The CDR is a medical review.  SSA is trying to decide if your level of disability has improved to the point where you have medically recovered and are able to work.

    SSA will want to gather the same kind of evidence that you provided during your initial claim for Social Security Disability benefits. SSA will have you fill out forms describing your current condition and list all of the places where you have received treatment. SSA will also obtain copies of all recent medical records. If more information is needed about your condition, SSA may schedule a Consultative Exam.

    If your condition has not improved since SSA last reviewed your case, then your Social Security benefits will continue. If your condition has improved, SSA will look to see if your condition meets the current disability requirements.

    It is important that when you receive the CDR notice and forms that you fill them out and return them. If you receive the CDR mailer and throw it in the trash, SSA will send a second one. Continued failure to provide information that SSA asks for, or failure to attend an examination that it schedules, will result in termination of benefit payments. You may need help answering the questions, especially if you are not certain what is being asked and why. This is where an attorney may help.


    Continuing Disability Reviews for Children

    When a person is found to be disabled under childhood regulations, SSA will review the case when the person turns 18 to determine if the person is disabled under the adult regulations. The case is reviewed as if it were a new case. SSA is looking to see how your disability affects your ability to work as an adult. Even if your condition has not improved, your benefits will cease if your condition does not meet the current adult rules.


    Tips for a Continuing Disability Review

    SSA looks at the original status of your medical condition(s) and compares it to the current status of your medical condition(s) to decide if there has been significant medical improvement. For this reason, it is important that you continue to seek medical treatment for your condition. If you have not continued to seek medical treatment, SSA will likely order a Consultative Exam to assess your current condition. It is usually more beneficial to you if your own doctor provides that information rather than a doctor hired by SSA who really doesn’t know you or your medical condition well.

    Be honest and don’t exaggerate the symptoms caused by your current medical condition(s). The opposite is also important: don’t try to portray yourself as better than you truly are.

    SSA is required to thoroughly evaluate any new medical conditions that have arisen since you were first awarded disability benefits. For this reason, it is important to tell your disability caseworker about any new conditions or treatment you have received.

    If you receive notice that your benefits are being terminated, you are entitled to an interview with the person making the final decision on your case. If your benefits are still terminated after this interview, you can appeal the decision to an administrative law judge. You may have an attorney represent you.

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    • Jera 6:19 pm on May 11, 2011 Permalink | Reply

      At last! Someone who understands! Thanks for ptosing!

  • Disability Group 10:00 am on January 18, 2011 Permalink | Reply
    Tags: , ,   

    Why You Should Avoid Changing Lawyers in the Middle of Your Case 

    An experienced lawyer can be very helpful to you and your Social Security Disability case. Your lawyer can evaluate your case and suggest a strategy to win your case. After handling hundreds of cases, most attorneys have a fairly good perspective as to what cases are winnable and what cases are not, and what it takes to win a case. While an attorney’s opinion is not a determination of how your case will end up, he can offer you the benefit of experience. More importantly, if you decide to hire an attorney, he will make sure your case file is up-to-date with all medical records. Additionally, he will “translate” your medical problems into work limitations so that Social Security can evaluate your claim properly.

    The disability process, however, is often quite long. Many people can wait almost two years for a hearing. Some claimants become frustrated with the slow pace of the disability adjudication process and think about hiring a new attorney. They become angry at how long it takes to even get a hearing and they think that their lawyer should be doing more to move the process along.

    Except in limited cases, it can be a bad idea to change lawyers in the middle of your case.

    First, you should realize that your attorney doesn’t have any control at all over the long delays in the Social Security disability decision-making process. Social Security backlogs are at record highs across the country. Hearing offices are understaffed and judges have very little help. Over the past 10 years, claims have doubled while the number of judges has declined 10%. If there were anything your lawyer could do to speed things along, he would be doing it. Most Social Security lawyers do not get paid unless they win the case, so there is no advantage to them in delaying the process. The point is that your attorney cannot control Social Security’s backlog, nor can you expect him to secure special treatment for you. If another disability lawyer tells you that he has a secret way to move your case to the front of the line, you will probably be disappointed.

    A second reason to stay with your current lawyer relates to the fee application process. Social Security lawyers generally accept disability cases under a contingency fee contract. This process is simple. A “contingency fee” means that there is no legal fee due unless the lawyer wins your case. An attorney’s fee is typically 25% of any past due benefits collected for you, with a limit of $5,300. The lawyer does not have to file a detailed time and billing statement. Social Security will automatically withhold and pay the lawyer 25% of past due benefits up to $5,300.

    Almost every contingency fee agreement provides that if the client terminates the attorney, the attorney has the right to ask for fees representing work actually done. In this case, the lawyer will file a detailed fee petition, setting out time records, expenses, and billable time. Legal services are not free. A contingency fee agreement is a trade-off. The client can retain an attorney without paying any money up-front, and the lawyer takes the risk that the judge will not approve the case in exchange for a percentage of the recovery. If, however, you choose to terminate the agreement before the case goes to hearing, your lawyer can and will ask Social Security to approve a fee based on the time actually expended. When this happens, the fee application is no longer simple. Your lawyer will itemize each and every action he performed on your behalf and present this petition to the judge for approval.

    If you choose to change lawyers in the middle of your case, Social Security will require both lawyers to file a fee petition for work performed. Your new lawyer will not be allowed to enter into a 25% fee agreement. He, too, will have to file a fee petition to have his fees approved. If you go through two or three lawyers, you may find that more than 25% of your past due benefits are being used to pay for legal services. If your prior
    lawyer will waive any claim for fees, the new lawyer can then use the contingency fee agreement process.

    As a practical matter you should, therefore, avoid changing lawyers in the middle of your case. Choose your lawyer carefully, and unless your lawyer is clearly incompetent, ill, or dead, you should stick with your present lawyer throughout the entire disability process.

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