Applying for Disability Through SSI, it is Evaluated The Same as SSD

Social Security administers two disability programs: Social Security Disability (SSD) and Supplemental Security Income disability (SSI). Social Security disability is based upon an individual’s insured status (insured status is earned through work); conversely Supplemental Security Income disability is strictly a need-based program. Naturally, each disability program has its own non-disability rules and guidelines that must be met.

That being said, Social Security uses the same disability medical decision-making process for both programs. In fact, many disability applicants file for SSD and SSI simultaneously and one medical determination is made for both programs.

So just how does the Social Security disability evaluation process work? All Social Security disability applicants must file a disability claim, and this can be done via the internet, phone or an in-office disability appointment at your local Social Security office.

If an applicant chooses to file their disability claim via the internet, they will only be able to file for Social Security disability. Consequently, if an applicant wishes to file for SSI in addition to SSD, they should file their disability claim via a phone interview or in office interview.

Additionally and very importantly (since many applicants miss this), if an applicant files an internet disability claim, they should complete the disability medical forms as well.

A word of caution, a completed medical disability form does not give a protected filing date, so it is important to complete the online disability application as well. For the time being, Social Security in-office interviews and telephone interviews are the most comprehensive methods of completing the needed disability information.

Not matter which method of interview an applicant chooses, the completed disability claim is set to a state agency responsible for making Social Security medical determinations for a decision. Disability examiners develop disability claims through acquiring medical records, questionnaires (from you and a third party), and consultative medical and/or mental examinations.

Once the disability examiner has all the necessary development complete, they will make a disability decision for both SSD and SSI. If an applicant receives a denial for disability benefits, they can appeal the denial. Once again, Social Security uses the same disability process for both SSI and SSD.

In conclusion, Social Security uses the same application and medical disability determination process for both SSD and SSI.






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Social Security Disability Appeals Time Limit

If your initial disability claim with the Social Security Administration is denied, you will have to begin the Social Security disability appeal process. You have sixty days plus five days for mailing to appeal a Social Security disability denial.

So if your initial disability claim is denied, you need to contact Social Security to obtain the proper appeal paperwork and return that paperwork within the sixty five day appeal period. If you have internet access, you can file your appeal online by filing out the online appeal request (i.e. request for reconsideration or a request for an administrative law judge hearing, depending on the level at which your denial occurred), the disability form 3441 (this is basically an update of your medical information), and print and sign your medical release forms.

Just a reminder -- you must return your signed medical release forms to your local Social Security office even if you file your appeal online. Additionally, you should consider the fact that if you wait the full sixty five days to file your appeal, each time you file you could be adding as much as three or four months to the overall processing time of your claim, which means you will have a longer wait for disability benefits. So it is advisable to quickly complete a return the necessary forms to Social Security.

What if you miss the appeal period deadline? If you miss the appeal period deadline, you may have to begin your disability claim again. However, you may be given good cause for late filing if there is a legitimate reason for being late. You should provide Social Security with a statement as to why you are filing your appeal late. Social Security can consider the fact that you have a severe mental or physical impairment that prevented you from filing your appeal timely, or that you were hospitalized or incarcerated during your appeal period, or that you did not receive your disability denial notice.

If Social Security is able to grant you good cause for the late filing of your disability appeal, you will be able to continue your disability claim. A word of caution: it is easier to receive good cause at the reconsideration appeal level than at the ALJ (administrative law judge hearing) appeal level. In fact, unless there is a truly good reason for a late filing, many administrative law judges will routinely deny good cause.

If you feel you will have a hard time completing and returning your disability appeal paperwork, you might want to obtain the services of a Social Security disability representative (non-attorney or attorney representatives).

A good Social Security disability representative will file your appeal timely and should you have to attend an administrative law judge hearing, will present your disability claim in a way that will be favorable to an approval for disability benefits.






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Lyme Disease Cannot Be Passed On From Pets to Humans

Lyme disease, also known as borreliosis, is a tick-borne disease. Deer ticks (both adult and nymphal ticks) pass the disease on to humans and animals when they carry a bacterium called Borrelia burgdorferi. The disease can be passed through handling an infected tick or being bitten by an infected tick.

Many people think that they might be able to ‘catch’ the disease from their pets, but this is not the case. Although an animal can have the disease, they cannot pass it on to a human or another animal. Only a tick can pass on lyme disease. Of course, if you are picking ticks off of your pet, or handling them in any way, then you are at an increased risk for contracting Lyme disease. If your pet is carrying infected ticks into the household, then you are at an increased risk, but if your pet is infected and not carrying ticks inside, then you will not be able to contract the disease. Regularly using tick collars and other tick prevention methods for your animal can decrease the chance of them being brought into your home.

Lyme disease symptoms include a skin rash known as erythema migrans, as well as fatigue, fever, depression and headache. If the disease is not treated it can lead to issues with the heart, joints and nervous system. In most cases the symptoms and infection can be eliminated with antibiotics





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Before you apply for social security disability... (consider these things)

Before you apply for social security disability... consider these things.

1. Though thirty percent of all claims filed for social security disability and SSI disability are approved at the initial claim level, that means that 70% are not.

2. Just because the social security office claims representative (or CR, for short) tells you that your disability application should be decided within 120 days does not mean that your case will be approved. It may fall into the seventy percent of cases that are denied.

3. If you decide to file a disability appeal following a denial on your claim, keep in mind that an even greater percentage of claims get denied on the request for reconsideration. And getting a decision on the reconsideration could also take months.

4. Getting denied on your initial disability application will typically mean that you will have to file the second appeal, a request for a disability hearing (since, as we said, most reconsideration appeals get denied, this makes the filing of a hearing request necessary in most instances).

If you've read the principal portions of the site, Disabilitysecrets.com, you may be aware of these facts. However, a notable percentage of individuals who file for disability labor under a dangerous assumption: that their claim will be "over" in just a number of weeks and that their disability benefits will commence thereafter. Yes, this does happen in a percentage of cases.

However, assuming that your disability claim will be processed and approved in a period of 120 days can be unwise, particularly if you are basing your personal financial decisions on this assumption.

Much in the same way, many potential claimants for social security disability and SSI put off the decision to actually file a claim simply because they have no idea that the claim process can easily take many many months. Many of these individuals are later shocked to learn that assistance from the federal disability system may not be forthcoming so soon, or so easily.

While we're at it, however, applicants for disability should also consider the following:

1. If you do get denied, get the appeal filed immediately, or have your disability representative (an attorney or non-attorney rep) do it for you. Waiting till the end of the 60 day deadline only serves to throw away valuable time on your case.

2. If you get denied, consider getting representation. As was mentioned, if you get denied on your initial claim, the likelihood is high that you will also be denied on your first appeal, the reconsideration, and will need to file for the second appeal, the hearing request. Hearings, of course, are best prepared for if you are represented.





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Pancreatitis More Prevalent in Diabetics

Having type 2 diabetes is known to increase the risk for many different health issues, but a recent study has linked type 2 diabetes with a couple new health risks: acute pancreatitis and biliary disease. Acute pancreatitis is a sudden inflammation of the pancreas that is known for having a high mortality rate despite treatment, and biliary disease is a disease of the bile ducts and liver that is caused by abnormalities in bile composition, biliary function, or biliary anatomy.

The study was prompted by an associated link between the diabetes drug exenatide (Byetta) and acute pancreatitis. The study was funded by Eli Lilly and Amylin Pharmaceuticals, both producers of the drug.

The study showed that type 2 diabetes patients have a two-fold greater risk of biliary disease, and almost a three-fold higher risk for acute pancreatitis, as compared to those without diabetes. The study was comprised of over 337,000 patients with type 2 diabetes and almost the same number of people without the disease. The patients came from a nationwide database of managed care claims.

While some think the diabetic drug by Amylin Pharmaceuticals and Eli Lilly might be to blame for diabetic pancreatitis, the study shows that it might not be the drug at all, but the link may simply lie in the patients being diabetic to begin with.

In recent years acute pancreatitis has become more prevalent and common place, which makes perfect sense, since the occurrence of diabetes is growing in leaps and bounds in the Unites States. For reasons unknown, diabetics of a young age (18 years old to 30 years old) have the greatest risk for developing both bilary disease and pancreatitis.





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IS SLEEP APNEA A DISABILITY?
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Decision to File for Disability, Putting it off can be a Bad Call

Many individuals who should file for Social Security disability do not file for months or even years after they could have been eligible to do so.

One of the most common reasons an individual does not file for disability right away is that they believe they must have been unable to work for twelve months prior to filing for disability. However, this is not correct.

The Social Security definition of disability states that an individual has to have been unable to work for twelve months or that they expect to be unable to work for twelve months due to a medically determinable mental or physical impairment.

For some individuals, the reason for not filing (as soon as they become unable to work due to a disabling condition) is that they feel they will be able to return to work sooner than twelve months. Still with others it is a failure to admit their disability to themselves.

Social Security disability back pay is tied into the date an individual files for disability, not necessarily when they became disabled. Social Security disability allows twelve months of retroactive disability benefits from the date of filing provided that an individual has not been able to work for at least seventeen months prior to filing. Remember Social Security has a five month waiting period for which they never pay benefits.

Date of entitlement to disability benefits affects not only an individual’s potential back pay of benefits but their Medicare entitlement as well; Social Security disability beneficiaries are not entitled to Medicare insurance until two years from their date of entitlement to a monthly monetary benefit.

In conclusion, putting off the decision to file for Social Security disability is generally a bad call for most individuals. Frankly, most individuals who suffer from a mental and/or medical impairment that has prevented them from being able to work for twelve months or more are often unable to ever sustain substantial gainful work activity.

When making a decision as to when to file for disability, one should consider the likelihood of returning to substantial and gainful work, time without medical insurance, and of course financial concerns.

If an individual feels they will be out of work for a lengthy time, they should file their disability claim with Social Security to get the process going. The Social Security disability process can be a long an arduous journey if the appeal process has to be used to win Social Security disability. If an individual has to appeal their disability claim through to the level of an administrative law judge hearing, their wait for a hearing could be many months or even years.






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Send in your Social Security Disability Appeal Asap

Here's a simple tip for individuals who have applied for disability benefits with the social security administration and have been denied. Send in your disability appeal immediately. Why do I say this, particularly when the advice may seem so very obvious?

For this reason. As a disability examiner working on social security disability and SSI cases, I found that an alarmingly high number of individuals who had been previously denied for disability had failed to request an appeal and then turn in the paperwork in a timely manner. Consequently, they were forced to file brand new applications and were, in the great majority of instances, subsequently denied again. Had those individuals simply submitted their appeals on time, they could have saved several months of lost time and possibly received their benefits months sooner.

The social security administration actually gives claimants a fairly generous amount of time in which to submit an appeal following a denial that occurs at any level of the claim system. The appeal period, the time in which a claimant is allowed to file an appeal, is 60 days from the date of the denial notice. However, claimants are actually given an additional five days to account for mailing, so claimants are really given 65 days from the date of the denial to get their appeal sent in.

By sending in a social security disability appeal, or an SSI disability appeal, a claimant can move their claim further along in the system to a point where the chances of being approved are much higher.

The first appeal, the request for reconsideration, does not typically offer a better chance of approval. And this is largely because the reconsideration appeal is handled by the same agency that is responsible for making a determination on the initial claim (the agency is known in most states as DDS, or disability determination services). In fact, in most states, the chances of being denied on the reconsideration appeal are actually higher than the chances of being denied on the initial claim.

However, claimants who get denied on the reconsideration appeal are permitted to file a second appeal. This appeal is a request for a hearing before an administrative law judge. At the hearing level, where claimants are permitted to have their case argued by a disability representative, the odds of being approved for disability are 60 percent or greater for all claims. And for claimants who are adults (versus children) and have certain physical or mental impairments, the odds of approval may be substantially higher than this.

How do you ensure that your disability appeal will be submitted on time? Simply contact the social security administration as soon as you receive a disability notice of denial on your claim. Then, when your appeal paperwork arrives, immediately complete the forms and return them. If you are represented, of course, you should probably still contact the social security administration and notify them that you wish to file an appeal (to cover your bases). However, after you do this you should contact your disability representative so that they may file the appeal on your behalf.

Note: if you are represented and have notified your representative (a disability attorney or a non-attorney claimant's representative) that an appeal needs to be filed, you may find it helpful to followup with your representative's office a couple of weeks later.

Why? Because some representative's offices take the attitude that as long as the appeal is sent in before the deadline, everything is fine. However, in actuality, the appeal should be sent in well before the 60 day deadline simply to avoid processing time on the case, so not a single day, other than what is absolutely necessary, is spent on the case.






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Lyme disease on the rise in U.S.

Lyme disease, an infection transferred from tiny deer ticks carrying a particular strain of bacteria, has become more prevalent in the United States since it's discovery in Lyme, Conn. in 1976, and it is now the most common tick infection. In 2007 there were 27,444 reported cases, while in the early 1990s there were fewer than 10,000 cases. Cases typically appear in early spring and are most prevalent in the summer months of June, July and August.

Early-stage lyme disease often causes symptoms of fatigue, chills and body aches. If not treated, the infection can spread to the bloodstream, causing rashes, fever and more severe aches. Late-stage lyme diseases can cause shooting pains, irregular heartbeat, and other conditions including arthritis, Bell's palsy (slack muscles on one side of the face), and meningitis with severe headache and stiff neck. A dose of the antibiotic doxycycline is enough to cure lyme disease in 95 percent of cases. Some patients, however, experience chronic illness with symptoms of pain, fatigue and anxiety.

Research findings from scientists at Yale University, published this month in Applied and Environmental Microbiology, suggest that more persistent bacteria and more severe infections may result from climate change changing feeding patterns in ticks in colder regions. Danbury Hospital in Connecticut is aiding research on Lyme disease in the form of an online patient registry. Patients experiencing long-term symptoms will enter information via a website, and will also provide blood samples. Eventually the registry should be large enough to provide good data for researchers.






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Autistic Kids Respond Better to Visual Cues Accompanied by Sounds

Children with autism do not pick up visual cues like others who are non-autistic or learning delayed, unless those images are in sync with accompanying sounds. This may explain why autistic children tend to focus on the mouth (the center of movement in the face) rather than the eyes of those who are speaking, as well as give some insight into why autistic children become less and less responsive to social interaction over time.

So says Ami Klin, a researcher at Yale University School of Medicine in New Haven, Connecticut, who, along with his colleagues compared the response of autistic and non-autistic children to visual animations. Klin found that the non-autistic and developmentally delayed children showed a clear preference for images that were upright versus upside down, but autistic children seemed to show no indication that they noticed either way. However, when they reviewed the data, they noted that during periods in which the image was accompanied by some sort of synchronized sound, such as clapping, the autistic toddlers showed a definite interest, whether the image was right-side-up or reversed.

Klin speculates that this tendency to associate visual cues with sound may contribute and even exaggerate learning and social difficulties in autistic children, causing them to misinterpret or even entirely miss important social cues that are necessary for survival. Without an ability to separate visual from aural input, those with autism are unable to learn the meaning behind common facial expressions and over time will not understand the intentions of those in their environment.

Kiln said that he will now explore how this newfound knowledge can be put to use by help direct autistic children’s focus to relevant information. The researchers are also going to use their findings to develop screening tests for autism that can be performed at an earlier age and increase the possibility of early intervention.

However, an autism researcher at the University of Alberta in Canada Lonnie Zwaigenbaum, noted that the research is in its infancy, and it will probably take some time to transform the findings into a workable, scientific tool.






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Totally and Permanently Disabled, Why Can't I get Social Security Disability?

Here's a recent question: "My father was classified as permanently and totally disabled and has still been denied for disability two times. Why?"

To the questioner: I'm not sure what your father's situation is because you say two things that, at the outset, might seem a bit contradictory. First of all, that your father has been classified as "permanently and totally disabled" and, secondly, that he has been denied for disability twice.

If the social security administration had reviewed his medical records and determined that he was disabled according to the rules and guidelines of the social security disability program, he would not have been denied once or even twice.

That's because in order to even get a medical review of his case he would have had to been insured for title II (social security disability) benefits. In other words, if you are not insured for title II via work activity (enough work credits), then the case is not sent to the state disability processing agency and no review of the case is done.

So, when you state that he has been classified as permanently and totally disabled, I have to wonder--by who? You may be referring to the fact that his personal physician has stated that he is disabled. However, even if this is the case, it begs several questions. Did the physician tell you or your father that he/she considers your father disabled? Did he provide a statement to this effect? If so, was the statement a short cursory note stating something to the effect of "my patient is disabled".

In the social security disability evaluation process, a statement from a patient's treating physician can have a favorable effect on the outcome of a case. But such statements need to be detailed to the extent that they indicate the claimant's functional limitations. This is why the opinions of treating physicians are often (and best) captured on what is known as an RFC, or residual functional capacity, form (for a free downloadable form, visit the home page of Disability Secrets and scroll to the bottom of the page).

Statements that are short and lacking detail tend to be fairly useless. Of course, many claimants will not be aware of this fact and, indeed, even some physicians seem to have this fanciful notion that, just because they have an M.D. a short two-line sentence supplied by them can result in a social security disability approval. Reality check: that's not how the system works.

Then, there is also the unfortunate fact that even a very strong RFC statement--also referred to as a medical source statement--from a claimant's doctor may do little to influence the outcome of a case...if the case is being decided at the disability application or request for reconsideration level, versus at the disability hearing level (where such statements provided by treating physicians tend to be accorded more weight and influence).

Unfortunately, there's no real answer as to why a legitimately disabled person might be denied two times. If the social security disability system were truly federal (disability examiners working for the federal government versus working in state agencies as state employees), and examiners received better medical information training AND they and their supervisors were held to higher adjudication standards (there's no justifiable reason why you have a such a huge disparity in approval rates between the lower levels of the system and the disability hearing level)---then things might be different.

As things stand, however, it is simply a fact of life for the average disability applicant that they might be denied twice. However, claimants who have been denied twice at the initial claim and reconsideration levels often have a much greater chance of being approved later at a disability hearing, statistically speaking.





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Commonly Asked Social Security Disability Questions

By working a number of years in the area of disability representation, and by working as a disability claim examiner for the social security administration, I've probably heard most of the more common questions that get asked about social security disability, both by actual claimants and by individuals who are doing fact-gathering in anticipation of oneday having to file.

No doubt, there are thousands of different questions that can potentially be asked. And I've certainly been exposed to many that I never would have anticipated, and some that I had to research before answering (contrary to the belief of some, disability examiners are not walking encyclopedias on the federal disability benefit system). However, having said that, the more commonly asked questions about social security disability tend to boil down these few.

1. How do I file for disability?

2. How long will my claim take?

3. What are my chances of being approved?

Ok, the first one: How does a person apply for disability benefits with the social security administration? Well, if your application is for social security disability and not SSI, you can actually submit an application online. I tend not to recommend this, myself. Not because I think there's anything wrong with SSA's online system, but simply because most claimants will have questions about the disability application and appeal system, many of which you won't be able to find online, but will be able to have answered by a live person sitting next to you.

And for that reason, I usually recommend that a person contact their local social security office and set up an appointment to complete a disability application interview. In all likelihood, anyway, a claimant will have to speak with a field office claims rep to resolve questions, or for the social security employee to obtain additional information. So, why not just do the interview and application in person? Also, recall that I mentioned that SSI applications cannot be done online presently.

Most claimants will have no idea as to whether or they are eligible for social security, eligible for SSI, or eligible for consideration in both programs (known as a concurrent application). Therefore, it makes perfect sense to do things in person.

Now, in a later post, I'll address the second and third questions, namely how long will a disability claim take and what are the chances of being approved for disability benefits.




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New methods to manage chronic back pain

Everyone suffers from pain at some point in life, and back pain is the most common. Chronic pain comes primarily from two sources – cancer and nerve damage, according to Dr. Uday Doctor, Texas Orthopedic Hospital’s chief of pain management. The two traditional methods of addressing pain are anti-inflammatory medications and surgery.

Medications often come with negative side effects, including addiction. Medication is usually preferable for cancer patients, especially those with terminal illness, as it is the quickest and most comfortable method. It is not always preferable for those with chronic pain of the back, due to needing the medication over a long period of time.

Surgery has been the second option for alleviating nerve pain. While surgery sometimes fixes the problem or lessens the pain, it is tricky and does not always work, particularly when the spine is involved. Fortunately, surgery and addictive pain medications are no longer considered the only methods of alleviating back pain.

The nerve root block, performed at medical practices such as SpineCare Consultants, involves finding the source of the back pain and injecting anti-inflammatory medication directly into the affected nerve. Doctor recommends the nerve root block as well as other methods of treatment, including chiropractic care and acupuncture, usually in combination, to his patients. These methods are increasing in popularity, are often covered by insurance companies, and can make a world of difference to those suffering from chronic back pain.






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When You are Applying for Social Security Disability Can You Own Property?

The answer to this question depends upon which disability program you are applying for. Social Security manages two disability programs with their own rules of eligibility.

Most individuals who apply for Social Security disability will be evaluated for both Social Security disability and Supplemental Security Income (SSI) eligibility.

Social Security disability is based solely upon insured status that is earned by an individual’s work activity. Yearly work earnings provide quarters of coverage towards insured status. Each year an individual can potentially earn four quarters of coverage. If an individual has worked enough to be insured for their age (the number of quarters it takes to be insured depend upon an individual’s age), they may receive a disability benefit if they are found to be medically disabled.

The second disability program administered by Social Security is SSI. Supplemental Security Income (SSI) is a need-based program that is designed to help individuals who have not worked, not worked much, or have not worked recently. In fact, SSI disability benefits can be won if an individual is found medically disabled under the guidelines of the Social Security program and if the individual meets income and resource limits. Each year Social Security establishes income and resource limits for this disability program.

Owning property does not prohibit an individual from applying and winning Social Security disability benefits, because Social Security disability has no resource limits. Remember Social Security disability is based upon an individual’s insured status, which was earned through their prior work activity. Consequently, you can own as much property as you like while applying for and receiving Social Security disability.

Conversely, if you are applying for Supplemental Security Income property ownership may prevent you from receiving a disability benefit even if you are found medically disabled by Social Security. The only property excluded from the SSI resource limit is the land that you live on and your most valuable vehicle. All other property is evaluated in order to determine if an individual is eligible to receive SSI benefits. Resources that could be considered are: additional vehicles, boats, trailers, land, retirement plans, stocks, bonds, inheritances, jewelry, etc.

You can apply for both disability programs simultaneously. However, you will most likely be denied when you complete your initial disability interview if your property is over the resource limit. Even if your SSI disability claim is sent to disability and approved, you could still receive a denial for resources at an end line SSI interview. All SSI disability claims are sent back to your local Social Security office for an end line review to determine if you still meet the income and resource limits of this need based program.






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