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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 5:00 am on February 17, 2011 Permalink | Reply  

    Social Security Disability: Determining Insured Status

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

    Applying for Social Security Disability Benefits? Some of the most confusing factors in determining your eligibility for Social Security disability benefits are your “credits” and your “insured” status.  They can be simple to figure out, however, with a bit of patience.

    Credits and Earnings

    Quarters of credit – also called “credits” – are obtained when you earn more than a certain amount in a year, varying by each year (the Social Security Administration’s website provides a handy table to see what the cutoff is for a given year).  You can earn a maximum of 4 credits in any year: for example, the earnings required for 1 credit in 2007 was $1,000, so anything more than $4,000 would only result in 4 credits.

    The number of credits you need to be eligible for disability benefits will depend on your age when you became disabled:

    • Before age 24 – You will need to earn at least 6 credits in the 3 years immediately before when your disability started.
      • Example: You become disabled at age 22. You earned 1 credit at age 19, 2 credits at age 20, and 3 credits at age 21. You have 6 credits, and may qualify for disability benefits.
    • Age 24 to 31 – You will need credits for working half the time between age 21 and when your disability started.
      • Example: You become disabled at age 27. That is 6 years between age 21 and when your disability started.  You will need credits for working half of that time, or 3 years.  SSA holds that a year of work equals 4 credits, so you will need 4 x 3 or 12 credits to qualify for disability benefits.
    • Age 31 or older – You will need at least 20 credits, increasing with age until the maximum of 40 (the SSA website provides another handy table to determine how many credits you need based on your age).

    Insured Status

    To be considered “disability insured” by SSA, you must meet two separate requirements:

    • You must earn 1 credit for each year between age 21 and when you became disabled (sometimes called “fully insured”)
      • Example: You are 45 when you become disabled.  That is 24 years between age 21 and when your disability started.  You will need at least 24 credits to be considered “fully insured.”
    • You must earn at least 20 credits in the 10-year period before you became disabled (sometimes called “currently insured”)
      • Example: You are 45 when you become disabled.  You were employed since age 38, resulting in 28 credits (7 years x 4 credits).  You earned more than 20 credits in the 10-year period before you became disabled, and would be considered “currently insured.”

    There are separate rules for claimants with previous disabilities, claimants who are under 31, and claimants who are statutorily blind (speak with an attorney or with SSA for these specific rules).

    Credits and insured status are bars that many people would not even think about when they become disabled, but they are no less important than the medical evidence and hearing process that come later.  Knowing where you stand now can save you time and frustration later, and speaking to an attorney can be the easiest way to determine if you are eligible.

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  • Disability Group 10:00 am on February 2, 2011 Permalink | Reply  

    How to Prove Pain in a Social Security Disability Case 

    What is the Social Security Administration trying to do in my disability case?

    The Social Security Administration’s main goal is to decide whether you are able to work, doing either your past job or any type of job.


    Does the Social Security Administration (SSA) consider the pain I am in when deciding whether to award me disability benefits?

    In many cases, it is the person’s pain that makes them unable to work full time. Pain is subjective, meaning it cannot be measured and everyone’s tolerance for pain differs. Pain can limit what you can do, which can be measured. For example you cannot lift more than 5 pounds, sit for more than 30 minutes or walk farther than 50 yards. These are examples of “exertional limitations.”


    What happens if my pain is just there, and isn’t from doing something (walking, sitting etc.) so it cannot be measured?

    The SSA recognizes that chronic pain and non-exertional pain (pain not from doing something) exists and can limit what you can do at a job.  The SSA looks at a number of different things to decide the effect of pain on your ability to work:

    • They look at your daily activities.
    • They look at the location of your pain, how often and how long you have pain, and how intense the pain feels.
    • They look at what makes the pain appear and what makes the pain worsen.
    • They look at the medications you take and what effects the medications may have.
    • They look at what you do in order to make the pain go away or lessen (lying flat, using heat or ice, etc.).
    • They look at how your activity is limited because of your pain.


    What can I do to prove my pain affects my being able to work?

    1)     Be SPECIFIC when describing your pain.

    Don’t say,” I hurt all over and I am in constant pain.” Rather say, “I have extreme pain in my lower back. On a scale from 1 to 10 my lower back is a 5, but if I walk or stand for more than 20 minutes, the pain jumps to an 8 or 9. The pain stays that way until I take medication.”

    Don’t always say your pain is at a level of 10 because the SSA might think you are exaggerating and have a harder time believing you.


    2)      Be CONSISTENT when describing your pain.

    Your testimony at your hearing will be considered stronger if what you tell your doctor at every visit about your pain level is the same as what you have told the SSA in the application process. If there is no medical test (MRI, etc.) to prove the source of your pain, your testimony will be a very important factor in deciding whether you are found disabled. Be consistent and specific.


    Still confused about how to describe your pain?  Give us a call, and we’ll help guide you through it!

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    • felicia 9:15 pm on May 10, 2011 Permalink | Reply

      I was involved in an accident 16 years ago. A car drove through a store I worked at and I got hit by debri. My right knee was injured. Over the years, I have had 4 surgeries, the last being a partial replacement. The pain now is worse than before the surgery, and I can’t sleep without Ambien. I have been out of work since this past November. My pain is constant. Usually my pain level is around a 4 or 5, but after I’ve been sitting in one place for too long (10-15min) the pain gets sharp and goes to a 7. If I walk to my mailbox and back when it is only a 5, by the time I get back to the house it’s up to a 9. I’m most comfortable when I’m stretched out on my right side with my injured leg stretched under me. That position helps, but even then when I go to bend my leg to get up, I experience a sharp pain that levels an 8 at least. With weather, usually 2 days before a front moves into the area I start hurting at higher levels. For those 2 days it is commonly around a 7 and sometimes goes up to a 9. I generally have a high tolerance for pain, but with it being my knee, I can’t function to my normal. I have worked convenience stores most of my life and in 1996 decided to go to school to become a medical assistant. My last surgery was about 6 months before I was hired at my first position as a CMA. Over the year I worked there, the pain increased until I couldn’t really do the job they expected. I can’t go up and down stairs normally, I can’t make sudden turns, and after being on my feet for a few hours, my knee would swell. As I’m sitting here typing this, my knee is feeling as if an icepick is being stuck in it. My family says I’m depressed. I feel useless most of the time because I can’t do the things I used to. Driving is getting harder. I have to use both feet for gas and brake because I can’t turn my right knee to get my foot to go to the brake. It even hurts to get out of the vehicle, because of the way I have to turn to get out. I know this is a lot of information, but I wanted someone to kind of understand why I’m checking in to this. What should I do? Everything was initially filed with Worker’s Comp. so they have all my information. I feel like giving up, because they don’t seem to care. My doctor has suggested another surgery (total knee replacement), but the WC people are having their doctors look at it because they aren’t sure another surgery would help me any.

      • felicia 9:18 pm on May 10, 2011 Permalink | Reply

        I correct… it was in 2006 not 1996 that I went to school for my CMA

    • felicia 9:26 pm on May 10, 2011 Permalink | Reply

      to correct… I started school in 2006, not 1996 for medical assistant.

      • Disability Group 9:22 am on May 13, 2011 Permalink | Reply

        Hi Felicia,

        Thank you so much for your comment and question. I am forwarding your comment to our paralegals. Stand by!

        Thanks,
        Disability Group

    • adrian rivas 2:56 pm on July 1, 2011 Permalink | Reply

      I got lupus when I was 12 and know as a adoult I have arthritis, fibromyalgia,chronic migranes, anxiety attachs and depression. All the meds I take for these things make me tiered. I need help pruving to s.s.i that I am unaboule to hold a job.

  • Disability Group 10:00 am on January 25, 2011 Permalink | Reply  

    Seizures and Social Security Disability Claims – How To Prepare Your Case 

    There are more than 29 different seizure disorders, and not all of them result in convulsions. In fact, seizures are experienced differently from person to person.


    Many individuals with chronic seizure disorders are able to control seizures with medications.  If you take medications as directed and still continue to experience seizures that prevent you from working, you may qualify for Social Security disability benefits.


    When evaluating your case, Social Security checks if you are seeing a neurologist, for compliance with all prescribed medications and doctor’s orders. They make sure that your seizures are not because of drug or alcohol abuse, and they check to see if medication prevents the seizures.


    It is sometimes difficult to prove seizures, because tests are often normal even after seizures.  To prepare a strong case, it is important to go to the hospital after every seizure and report seizures to your neurologist. Witness statements are helpful.  Also, it’s a smart idea to create and maintain a dairy to track the frequency and severity of your seizures.

    What Do I Put In My Seizure Diary?

    Keep your diary up to date, and write in it after every single seizure.  Here is the data you should record:

    • The date of your seizure
    • The time of your seizure – when did it start, when did it stop?
    • A description of your seizure – what did it feel like?  How did you notice when it was coming on?  Was it worse or better than your last seizure?

    Residual effects from a seizure and how long they last should also be documents in your diary and your medical records.


    Seizure disorders are difficult to prove because there are not always objective findings that prove they exist. Regular treatment and documentation of the seizure and residual effects by you and a specialist is of utmost importance in proving this disorder.

    If you keep track of your seizures by maintaining a regular diary, and by regularly seeing your physician, you will help strengthen your Social Security Disability case!

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  • Disability Group 10:00 am on January 24, 2011 Permalink | Reply  

    Social Security Myths EXPOSED!! Disability Group Inc Reveals The Truth About the Social Security Claims Process 

    Applying for Social Security disability benefits can be intimidating and time-consuming. Understanding how the system works can be the difference between winning or not winning your disability benefits.  Disability Group reveals 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!  It is easy to see why people would believe this when over 70% of all first applications filed are denied.   A claim requires a lot of paperwork, and claimants are often denied when they do not provided documents that the SSA disability reviewer has requested.  A disability lawyer can be help you to prevent an unnecessary denial by staying on top of all requests from the SSA.


    Myth: The Social Security Administration will deny you a certain number of times before you are approved.

    Also not true!  Many people simply file applications over and over again, hoping to be approved.  If you continue to file and get denied at the first stage, you are denying yourself the right to an appeal and even more importantly, you are setting yourself at the back of the line again!

    Make sure that you follow the appeals process up to the highest level 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!  This is often the worst thing you can do because most initial applications are denied.  A new application will most likely be denied for the same reason as the last.  Historically, and statistically most claimants are awarded only after being heard by an administrative law judge.  A claim will never get that far in the process if you just file a new application.  Follow the appeals process and find representation.


    Myth: Certain medical conditions or mental health problems can get you automatically approved for benefits.

    No . . . . and yes.  Certain impairments are singled out.  If you meet an SSA listing it is easier to get approved, but not automatic.  All claims are evaluated according to medical evidence. See the list of the categories of impairments that meet the SSA listing here: http://www.socialsecuritylaw.com/qualify/

    Make sure to get regular medical treatment during your claim documents your condition for a better chance of obtaining benefits.  If you have irregular doctor visits and little medical evidence, your chances for approval of disability benefits is greatly reduced.


    Myth: You cannot get Social Security Disability if you have used drugs or alcohol.

    Not true. Every case is different but you have a better chance of obtaining benefits if you have maintained at least six month of sobriety.  How often and how recent you used is most important.  Simply put, Social Security will not pay benefits to someone who caused their condition or made it worse by drug or alcohol use.  If quitting would improve your condition, it is relevant and you will not win.

    If you have a history of abuse but are not currently using substances you should carefully review your medical records before filing for disability.  Doctors and mental health professionals will often indicate “suspected use” in their treatment notes.  Such indications can have a damaging effect on a disability case.

    While there are many myths about the Social Security claim process that are untrue, the process does include a fair amount of rules, regulations, and paperwork that a social security attorney is better suited to deal with.

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  • 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!

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