Updates from March, 2011 Toggle Comment Threads | Keyboard Shortcuts

  • Disability Group 3:16 pm on March 8, 2011 Permalink | Reply  

    File for Disability – Links to Application Forms

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

    If you are filing for social security disability benefits you can do most of the application work online. We’ve put together links to the most commonly used forms required to file a disability benefits claim.  (If you have questions on how to fill out the paperwork, feel
    free to contact our office at (800) 248-1100 or get a free case evaluation at: http://www.socialsecuritylaw.com/free-consultation/.)

    If you believe you are eligible for disability benefits, you should file an application as soon as possible to preserve your application date.

    It’s important to be thorough with your forms and list everything accurately the first time to save time in the application process.  Social Security offices are under severe backlogs, you don’t want to fall further behind by making a mistake on your disability application or leaving information out.

    When answering form questions it is important to be very specific about what you can and cannot do, as well as how your disability affects your capabilities.  Your answers on these forms will be used in your claim later.

    To apply for disability benefits online, you can start here: Disability Application Checklist

    SSA-3373 Function Report-Adult:  http://www.ssa.gov/online/ssa-3373.pdf
    This form tells Social Security what functions you can do and how your disability affects your daily activity.

    SSA-3380 Function Report Adult-Third Party Form:  http://www.ssa.gov/online/ssa-3380.pdf
    This form is used when applying for disabilities on another person’s behalf.

    SSA-3369 Work History Report:  http://www.ssa.gov/online/ssa-3369.pdf
    Social Security uses this report to determine what jobs you performed in the past. Remember, even if you are no longer able to do the work you did previously, you still may not be considered disabled if there are other jobs you can still perform.

    If you are filling out paperwork on your own, remember that over 70% of initial applications are denied. Unfortunately many legitimate disability claims have to be appealed all the way to an Administrative Law Judge before being rewarded.  The best strategy is to make sure you have the most accurate and detailed forms as possible so that your claim can be handled in a timely manner.

    Disability Group has put together a quick 4 step questionnaire to help you determine if you may qualify for social security disability benefits.

    Copyright secured by Digiprove © 2011
    Share
     

  • 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
    Share
     

    • 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
    Share
     

    • 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 11, 2011 Permalink | Reply  

    Veterans Pension and Disability Benefits 

    A veteran may receive full VA compensation benefits as well as full Social Security Disability benefits.  However, VA pensions are treated differently.

    Your VA pension will be reduced by the amount of Social Security Disability (SSDI) benefits you receive.  If you qualify for needs-based Supplemental Security Income (SSI) benefits, they will be reduced by the amount of your VA pension.

    The VA pension is reduced by other sources of monthly income like SSDI because it is a needs-based program for disabled veterans.  VA considers your income and assets, but does not consider other needs-based payments like SSI.  SSI and state welfare will not reduce your VA pension, but remember, your VA pension will reduce SSI benefits.

    My SSDI benefits would be the same amount or less than my VA pension check.

    If this is the case, you may not want to pursue a claim.  Your VA pension will be reduced by the amount of your SSDI benefits.  You may want to simply collect the full VA pension you are already receiving.

    I’m in the middle of filing a Social Security disability claim, and I just started getting my VA pension.

    If this is the case, you might be able to get SSDI backpay from before your VA pension began.  You should call a lawyer and ask for help in determining what you should do.

    My VA pension is going to be about the same as my SSDI benefits, and I’m entitled to SSDI backpay

    If this is the case, you may want to stick with the Social Security disability claim.  Your SSDI benefits will offset your VA pension, but there will be back pay on top of these benefits.

    Remember, always consult an experienced social security lawyer to find whether you should file for SSDI while collecting a VA pension.

    Share
     

    • steve 11:57 am on May 16, 2012 Permalink | Reply

      I am getting some VA pension and some VA disability…if I apply for SS disability, not SSI, I can’t tell from above what, if any of the 2 will be reduced. can someone please clarify. Thanks.

    • John FitzGerald 3:05 pm on May 16, 2012 Permalink | Reply

      The pension will be reduced. The benefits will not.

  • 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!

    Share
     

    • 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 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.

    Share
     

← Older posts

c
compose new post
j
next post/next comment
k
previous post/previous comment
r
reply
e
edit
o
show/hide comments
t
go to top
l
go to login
h
show/hide help
esc
cancel