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  Disability Group 12:02 pm on March 20, 2012 Permalink | Reply  

  SSI, SSDI, and the Affects of Marriage 

  By: Disability Group

  If you are receiving Supplemental Security Income (“SSI”) or widow’s (or widower’s) benefits from the Social Security Administration (“SSA”), your marriage may affect your disability benefits.

  How will my marriage change my disability benefits if I am receiving SSI?

  If you are receiving SSI, your benefits may change in the following ways:

  • If you get married, your spouse’s income and resources may affect your eligibility.  In 2011, to be eligible for SSI as a couple, you can earn up to $1,031 per month in unearned income and $2,107 per month in earned income.  Also, resources for a couple cannot be worth more than $3,000. 
  • Unearned income is money that is received somewhere other than a job.  For example, Social Security benefits, worker’s compensation, and pension payments are all types of unearned income. 
  • Earned income includes wages and earnings from a job or self-employment.
  • Resources are the things you own, like a car or a home.   
  • If you and your spouse are both receiving SSI, then your benefit will change from the individual rate to the couple rate.  In 2011, the monthly benefit for a couple is $1,011.

  How will marriage change my disability benefits if I am receiving widow or widower’s benefits?

  Generally, you cannot receive widow or widower’s benefits if you remarry before the age of 60.  If you are disabled, you cannot receive widow or widower’s benefits if you remarry before the age of 50.

  For more information about how marriage affects your Social Security disability benefits, please visit http://www.ssa.gov.

   If you have any further questions, please contact your local SSA office or an experienced Social Security attorney.

   

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  Disability Group 1:49 pm on March 14, 2012 Permalink | Reply  

  Win Social Security Disability Benefits for a Back Injury 

   By: Disability Group

  In order to receive Social Security Disability Benefits for a back impairment, your condition needs to be severe.

  What does SSA consider a severe back impairment?

  SSA considers a serious lumbar (lower back) or cervical (neck) spinal impairment to include the following diagnosis: osteoarthritis, spinal stenosis, herniated disc, and degenerative disc disease. The spinal impairment needs to affect the spinal cord nerve root causing pain, reduced range of motion, reduced sensation, weaken reflexes, inflammation of your spinal membrane, and/or narrowing of the spinal cord resulting in weakness and the inability to walk effectively.    

  I’m in a lot of pain, why do I have to go in front of the administrative law judge?

  Most people applying for disability due to a back injury are required to appear in front of an administrative law judge.  A back injury is a commonly reported disability and involves pain assessment. Back pain and the associated limitations are subjective findings.  If you have a back injury even if accompanied by sciatica, expect to have a hearing in front of an administrative law judge.

  What can I do to prove to the administrative law judge my back injury is severe?

  1. See your doctor regularly. This will ensure that sufficient medical records exist to substantiate your back injury and subsequent limitations. An administrative law judge can only base their decision on the medical evidence provided. Your doctor’s treatment notes should include your limitations; reduced range of motion, reduced muscular strength, poor gait, and positive straight leg raises.
  2. See an orthopedist. You should see a back specialist because he/she will have a better understanding of your condition and will order specialized testing.
  3. Have objective tests done. It is imperative that you have objective tests done (x-rays, MRI, CT- scan) because the derived impression is universally accepted. If the MRI says “severe bone on bone with disc space narrowing and degeneration” the judge understands your condition to be just that.
  4. Do not see a chiropractor exclusively. The SSA does not give the same weight to chiropractic treatment notes compared with a treating orthopedist or even the notes of your primary care physician.
  5. Have your doctor fill out a medical source statement documenting your functional limitations. A disability attorney can furnish this medical source statement, which is a questionnaire for your doctor to fill out regarding what you can/cannot do. This form is one of the most important documents in your file. Social Security doctors use similar forms and if your doctor does not fill one out, the administrative law judge’s decision will be based on the Social Security doctor’s assessment.
  6. Do not give up. The SSA does not give great credence to the pain caused by your back injury or to the side effects caused by pain medication and muscle relaxers.

  If you file for Social Security Disability Benefits on the basis of a back impairment, make sure your doctor documents your limitations in his treating notes. Better yet, hire a disability attorney and have your doctor fill out the medical source statement.

   

   

   

  
   
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  Disability Group 1:14 pm on March 12, 2012 Permalink | Reply  

  Your Doctor’s Opinion vs. The Social Security Administration 

  By: Disability Group

  You doctor’s medical decision is just one thing the SSA considers when evaluating your disability claim.

  What does the SSA have to determine in order to find me disabled?

  The SSA needs to determine that you have either a physical or mental condition that is expected to last at least 12 months or result in death.  Your condition has to prevent you from working at your prior job and prevent you from performing any other type of work in the economy based on your health, education and work experience.

  I was seen one time by a SSA doctor, how important is that doctor’s opinion?

  Usually, the one time medical evaluation done by a SSA doctor will not be given more weight than your treating doctor’s opinion.

  How important is my doctor’s opinion to the SSA?

  The SSA has guidelines, which dictate how much weight can be given to your doctor’s medical opinion. The SSA will give more weight to your doctor’s opinion if your doctor has been treating you over a long period of time. In addition, your doctor’s opinion will be given controlling weight (most important medical opinion in the record) if:

  • Your doctor has been treating you over a long period of time,
  • Your doctor’s opinion is supported by clinical and laboratory tests, and
  • Your doctor’s opinion is consistent with the other substantial evidence in the record.

  What happens if my doctor’s opinion is not consistent with other medical evidence in the record or not supported by objective tests?

  In this situation the SSA can decide not to automatically give controlling weight to your doctor’s opinion.  The SSA will evaluate each medical opinion in the record and use the following factors to determine the weight given to each opinion:

  1. The length of time the doctor has been treating you and how often this doctor saw you.  The longer and more frequent that a doctor has treated you increases the weight the doctor’s opinion receives from SSA.
  2. The nature and extent of the treatment relationship. The more the doctor knows about your condition increases the weight of this doctor’s opinion.
  3. Supportability.  Opinions supported by medical signs and laboratory findings, are assigned more weight by the SSA.  The SSA is more likely to consider a doctor’s opinion if there is a well written explanation for the opinion.
  4. Consistency. The more consistent the doctor’s opinion is with the rest of the medical evidence record, the more weight the SSA will assign to the opinion.
  5. Specialization. The SSA will assign more weight to the opinion of a specialist provided the opinion given is within the doctor’s area of specialization.
  6. Other factors. The SSA will give increased weight to a doctor’s opinion, if that doctor is familiar with the SSA’s disability programs and requirements.  Additional weight is given to a doctor’s opinion if that doctor has extensive knowledge of your case record.

  How can a disability attorney help me?

  A disability attorney can request medical records so your file is complete. The SSA can only base their decision on the medical evidence provided. An attorney can also provide medical source statements (questionnaires) for you to take to your doctor so your disability limitations are documented and the judge can base his decision on your treating doctor’s opinion.

   

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  Disability Group 9:59 am on March 8, 2012 Permalink | Reply  

  What Evidence Will Strengthen Your Claim for Social Security Disability Benefits? 

   By: Disability Group 

  • Get regular medical treatment for your condition(s).

  The most important evidence in your Social Security claim is your medical evidence and that is why it is crucial to maintain consistent treatment. An administrative law judge will base his or her decision upon the medical evidence in your file. They will look to see if you have been getting regular treatment for the impairments that you are claiming. If your medical records are not recent or do not accurately reflect your stated medical impairments, it can have a negative effect on your claim. Make sure all of your treatment is documented and up to date.

  •  Have your doctor fill out a Medical Source Statement. What is a Medical Source Statement?

   A medical source statement is a questionnaire that your doctor fills out which focuses on what your functional limitations are. It shows what you can and cannot do because of your disability. This document is very important because an administrative law judge will look at this statement and use it to help decide whether you can still do your past job(s) or any job based on the statements given by your doctor. If your file contains a medical source statement filled out by one of your treating physicians, that medical source statement is given more weight at the hearing compared to the one completed by a Social Security doctor who is not your regular treating physician.

  •  Comply with your doctors’ orders.

   It is very important that you follow the treatments that you doctor prescribes for your condition(s).  Administrative law judges will look in your file to see if you have been following your doctor’s orders. For example, they will look to see if you have been compliant with any medications that have been prescribed for you or any other treatments that they have ordered for you. If you refuse to take medications or follow other prescribed treatments, Social Security is likely to think that your actions prevent your conditions from improving.

  •  Be sure to comply with requests from Social Security.

   Throughout the decision process, Social Security makes many requests of applicants. It is important that you fill out any paperwork that they ask you to fill out. Social Security may also schedule a consultative exam for you. A consultative exam is an exam that is set up and paid for by Social Security. It is kind of like Social Security getting a second opinion from one of their doctors regarding your conditions. It is very important that you go to any consultative exam appointments that are scheduled for you by Social Security.

  •  Refrain from Drug and Alcohol Abuse.

  Under the law, Social Security no longer pays benefits if it is shown that drugs or alcohol are a material contributing factor to your disability. If your medical records show drug or alcohol abuse, your claim may be denied by Social Security. However, if you used drugs or alcohol in the past and have now stopped, it is important that that fact be noted in your medical records. Also, an even stronger piece of evidence in this situation is what’s called a drug and alcohol abuse statement. This is a short statement by your treating doctor stating that in their opinion drugs and/or alcohol use is not a material contributing factor to your disability.

  •  Write your Congressperson.

  Write your congressperson a letter outlining your situation and they may make an inquiry about your case to Social Security. While a letter from a congressperson cannot influence the decision on your Social Security claim, it may speed up the process, especially in dire need situations.

  •  Don’t Give Up!

  Please understand that the process one must go through to be awarded Social Security benefits can be long and difficult. We here at DGI are here to help you in your fight for benefits. Denial rates are high and the majority of cases will not be resolved until after you have a hearing in front of an administrative law judge. Keep this in mind and trust that DGI will do everything within our power to get you the benefits you deserve.

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  Disability Group 3:39 pm on March 6, 2012 Permalink | Reply
  Tags: Immigrants, Social Security Benefits, SSI ( 2 )   

  Citizens, Non-Citizens, and Social Security Benefits 

  By: Disability Group

  Who Is Eligible to Apply for Social Security Benefits?

  Generally, all U.S. citizens and permanent residents are eligible to apply for Social Security benefits. Some immigrants and non-U.S. citizens are also eligible to apply for certain benefits.

  What are the Citizenship Requirements for Social Security Disability Benefits and Supplemental Security Income (SSI) Benefits?

  Social Security Disability benefits, or Title II benefits, are based on a claimant’s work credits, that is, how many years the claimant has worked and paid taxes into the Social Security system. A claimant must be a U.S. citizen or legal resident in order to be eligible to apply for Title II benefits.

  Supplemental Security Income (“SSI”) benefits, or Title XVI benefits, are benefits for people who are disabled and who have limited income and resources. A claimant must be a U.S. citizen in order to apply for SSI. Legal/Permanent residents are also eligible to apply for SSI benefits, so long as they became lawful residents before the Welfare Reform Act of 1996.

  I am a legal resident non-citizen who became a legal resident after 1996 – am I eligible for Supplemental Security Income Benefits?

  Legal residents who attained residency after 1996 are eligible to apply for SSI benefits if they meet two conditions:

  1.  Belong to a “Qualified Immigrant” category
  2. Meet a condition that allows immigrants to apply for SSI

  Qualified Immigrants:

  Qualified Immigrants (or “Qualified Aliens”) belong to one or more of the following categories:

  • Lawful Permanent Residents
  • Refugees and those who have been granted asylum
  • Certain Cubans and Haitians considered refugees by the Refugee Assistance Act of 1980
  • Certain people subjected to battery or extreme cruelty, or whose children or parents have been subjected to battery or extreme cruelty.

  In addition to the above categories, certain Canadian-born Native Americans and Iraqi or Afghan immigrants who provided service to the U.S. military or government are considered qualified immigrants. Some victims of human trafficking are also considered qualified immigrants.

  
   
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  Disability Group 4:49 pm on March 1, 2012 Permalink | Reply
  Tags: Apply, disabled ( 2 ), social security ( 3 ), Statements   

  Medical Source Statements 

  By: Disability Group

  Often, applicants don’t understand why they have been denied benefits when their own doctors have stated that they are disabled. Such broad statements alone, even when they come from an applicant’s treating doctor, are generally given little weight. It is important to understand that in order to be considered disabled under Social Security’s standards, various rules and regulations apply.

  The final decision as to whether an individual is disabled rests with the Commissioner. Therefore, it helps to obtain a statement from a treating doctor about the limitations that accompany a particular diagnosis. With that, the Judge can decide whether an applicant can work based on the cited limitations. If the limitations are significant, they will substantially interfere with many of the exertional and non-exertional abilities mentioned above. If the limiations are mild, however, it may direct a conclusion that there is still some work the claimant can do.

  Documentation and statements from doctors should list all diagnoses and limitations. For example, certain conditions may preclude someone from working due to an inability to concentrate, excessive fatigue or an inability to be around the public or co-workers due to a psychological problem. A thorough description of a person’s limitations provided by a treating doctor is one of the strongest forms of evidence.

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  Disability Group 3:15 pm on February 24, 2012 Permalink | Reply  

  The Injustice of Delay 

  By: Disability Group

  Depending on the region of the country in which a person lives, it takes on average 9-27 months after filing to receive a first check. Some people wait over 3 years to receive the benefits they are entitled to.

  Most people are unprepared for the financial disaster that comes from an unexpected disabling condition. Since they can no longer wok, people turn to using their life savings to pay their bills. They are forced to choose between medications and food, or paying water or heating bills. They sell their cars, and borrow from their friends. Once their savings run out they are evicted, or lose their homes.

  These people have paid into the systsem and are now in a time of need. The fact that the system takes so long and jeopardizes so many people’s wellbeing is an injustice that desperately needs to be addressed.

  Cause of The Delay

  Under-funding is the root cause of the delay. Due to the aging of the baby boomer population, more claims are filed today than ever before, yet budget allocations to the SSA have been frozen for years. Staff levels are far below what is necessary to process the huge increase in new cases every year.

  It is a myth that SSA doesn’t pay cases or delays the application process intentionally to reduce benefits payable to claimants. it is also a myth that judges or the SSA wrongly deny cases in order to save the gonverment money. The simple truth is that Congress has not provided sufficient funds to properly staff the legal and adminstrative teams to process cases.

  What Can Be Done to Fix the Problem

  • Join in efforts to lobby your Congressmen and Senators to approve the legislation to provide adequate funding to the Social Security Adminstration.
  • Write to yourlocal representatives, urging them to support bills that will help the Social Security Administration remedy the delay.

  We all need to make clear that fundamental decency and fairness require that we provide adequate means to keep our contract with people with disabilities.

  What Can Be Done If You Have a Claim

  If you believe you have a legititmate claim for disability benefits, you should not delay in filing your applicaton. Since the backlog continues to grow, filing at the earliest opportunity reduces the time you have to wait before receving benefts. Preparation is critical to getting a claim approved quickly. First, be meticulous in completing all of hte requreed forms and support docuemtns. Be sure you get treatment for your condition and get copies of the records every time you visit your health care provider. Then, be sure you submit all of your records promptly.

  Getting your case approved is not an easy task and many peopole are not well enough to fight the system alone. According to Richard P. Morris, the formed President of Nation Organization of Social SEcurtiy Claimants’ Representatives, getting legal representation improves your chcanges of winning by over 24%. Lawyers who specialize in this area know the details of hte process and how to imporive your chances of winning your case.

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  Disability Group 12:41 pm on February 21, 2012 Permalink | Reply
  Tags: Disability, process ( 2 ), Social Security Administration ( 2 ), ssa ( 6 )   

  The 5 Step Disability Determination Process 

  By: Disability Group

  The Social Security Administration follows a five step process to decide if an applicant is disabled or not at all levels of the process (Initial, reconsideration, hearing).  This means that, to decide the claim, SSA will ask five questions, in order. If at any time during the process it is determined that a claimant is or is not disabled, the evaluation stops and they do not advance to the next question. Only at questions 3 and 5 can you win your claim.  The five questions are as follows;

  1.      Are you working?

  • If you are not working, SSA moves onto question 2.
  • If the answer to this question is yes, than you will lose your claim at this stage and SSA will not go on to question 2.
  • If the answer to this question is yes, but only part-time work you may advance to the next question of SSA determine your part-time work does not meet industry standards.

  2.      Do you have a severe impairment, expected to last at least 12 months or result in death?

  • If the answer to this question is no the process stops and the claim is denied at this stage.
  • If your impairment is considered severe then SSA moves onto question 3.
  • A severe impairment is one that significantly affects capacity to do work-related activities.

  3.      Does your impairment or combination of impairments meet or equal the listings that SSA maintains?

  • If the answer to this question is yes and your conditions meets a listing set forth in “The Blue Book” than you will win your case at this stage. They will not go onto question four. It is extremely difficult to win your case at this stage.
  • If your condition does not meet a listing SSA will move onto question 4.
  • SSA defines some conditions as severe and has listed these conditions in what they call “The Blue Book”.

  4.      Are you able to return to your past relevant work?

  • At this stage, if SSA determines you are able to return to a previous job then you lose at this point.
  • If at this stage SSA determines you are not able to return to any past work, they will move onto question 5.
  • Past relevant work is work that was performed in the previous 15 years.
  • At this stage SSA will have the claimant fill out questionnaires to determine if the activities performed on a regular basis can be applied to a job.

  5.      Considering your age, education, and work experience, is there any other jobs that exist in significant numbers in the national economy that you are able to do?

  • If SSA succeeds in finding a job in the national economy that the claimant could perform your claim is denied at this stage.
  • If no such job exists then you are found disabled and you win your case.
  • At this stage it is the Social Security Administration’s responsibility to prove that a job exists in significant numbers that the claimant can perform effectively. 

  This five question structure is the basic structure used at every stage of the claims and appeals process in a disability benefits case. It is extremely important to file an appeal within 60 days of receiving a denial letter. If the claimant fails to file within the time frame given (60 days) the applicant must start over from the beginning (initial level). For this reason some claimants choose to hire representation At Disability Group, Inc. our trained legal staff will guide your through the stages and take care of your claim from start to finish including filing any necessary appeals and representing you at the hearing level if necessary.  Call us today for a free legal consultation.

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  Disability Group 8:02 am on February 15, 2012 Permalink | Reply
  Tags: Auxiliary Benefits, Disability Insurance Benefits, social security disability ( 4 ), ssa ( 6 )   

  Auxiliary Benefits 

  By: Disability Group

  If you have been awarded Disability Insurance Benefits (DIB) from the Social Security Administration (SSA), your children also may be able to qualify for benefits under your own Social Security number.  Your child needs to be dependent on the parent who is receiving monthly benefits in order to qualify.  The benefit paid to the child is determined by the earning record of the parent and how much he or she has paid into Social Security; typically the amount is one half of the monthly benefit paid to the disabled parent.  Social Security calls these monthly payments paid to the dependent child of a disabled worker “auxiliary benefits.” 

  A child is dependant under Social Security’s rules if:

  • The child is the legitimate child of the worker and has not been legally adopted by someone else during his or her life.
  • The child is younger than 18.

  And:

  • A child born out of wedlock but is able to inherit property from the disabled worker.
  • A child born from a voidable marriage or an invalid ceremonial marriage.
  • An adopted child that has been legally adopted before the worker was found disabled.

  Natural born children are not the only dependents eligible for auxiliary benefits.  In some cases, grandchildren and stepchildren can also qualify for these benefits under Social Security’s rules.  In all cases, proof has to be shown that the child is dependent on the disabled worker. 

  • For stepchildren, proof has to be shown that the child is at least half dependant on the step-parent.   
  • For grandchildren, the child has to have begun living with the grandparent before the age 18 and lived with the grandparent for at least one year before the grandparent became entitled to benefits. The child has to have been receiving at least one-half support from the grandparent.

  Once the child has reached the age 18, auxiliary benefits will stop.  Similarly, if the disabled worker returns to work, all payments will stop—including the benefits for the dependent children.  It is also important to note that Supplemental Security Income (SSI) does not provide auxiliary benefits to the children of the disabled.

   

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  Disability Group 9:49 am on February 13, 2012 Permalink | Reply
  Tags: disabled child, my child, Social Security disability benefits, SSI ( 2 )   

  Help! My Child was Denied SSI Benefits because I Work! 

  By: Disability Group

  Disabled children under the age of 18 can qualify for Supplemental Security Income (SSI) if they meet the Social Security’s definition of disability for a child. Your child’s income and resources may affect their eligibility for the program. Social Security does take into account the household income when approving child cases because they recognize that families with lower income have a more difficult time making ends meet.

  My child has no income, why does Social Security use my working income?

  First, Social Security will consider your child’s income and resources. If the child’s parents have income and resources, Social Security considers them available to the child through their parents. If the parent works and has resources the child is at an advantage, as opposed to a non-working parent with limited resources. Social Security’s process of deciding how much of the parents income and resources qualify is called “Deeming”.

  When does “Deeming” apply?

  Deeming applies when the child’s parents have resources and the child meets the following criteria:

  • Is less than 18 years of age
  • Lives at home with either birth parents or adoptive parents
  • The child lives away at school and visits their parents throughout the year and is still under their parent’s control.

  I don’t have any income, is my spouse’s income deemed if they are my child’s step parent?

  Step parent’s income and resources are deemed as long as either the birth parent or adoptive parent lives in the home. 

  What does not get “deemed”?

  Items not deemed are income from: Temporary Assistance for Needy Families, Department of Veterans Affairs’ pensions, county assistance, foster care benefits, and income that is used to pay court –ordered child support.

  Examples of resources that are not deemed are if the parent owns only one property, if the parent only owns one car which is the sole means of transportation, and money in pension funds.

  Although there are many items that are deemable, only a portion of the parent’s income or assets are deemable toward the child. The compete value of the assets, income or resources are not deemed.

   When does “deeming” stop?

  Deeming stops on your child’s eighteenth birthday. If your child did not qualify for SSI because of deeming they may be able to receive SSI when they turn eighteen.

  What will my child’s monthly payment be?

  The amount is different in every state. The cost of living is a major factor in determining the actual amount each child gets. If you have questions about the specific amount, contact your local Social Security Office.

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