social security disability SSD Disability

A blog by a former social security disability claims examiner about social security disability and SSI Disability issues and questions, but also general, health, and medical news.

Tuesday, September 29, 2009

Social Security Awards SSD and SSI Benefits For Severe Impairments

Social Security manages two disability programs in which monetary monthly disability benefits are payable to individuals with severe impairments. If an individual is found to be disabled and unable to perform substantial and gainful work activity following a medical evaluation by the state disability agency in a particular state (in most states, this is known as DDS, or disability determination services), they may be entitled to receive monthly benefits from one, or both, of the Social Security administration's disability programs.

Social Security disability is based upon an individual’s insured status that is attained through their wages, which are reported yearly to the Internal Revenue Service. Social Security disability monetary benefit amounts are also based upon how much an individual has earned prior to the onset of the disabling condition. Additionally, some Social Security disability applicants have worked enough prior to becoming disabled that there is money available to pay their dependents a monthly benefit as well.

Supplemental Security Income Disability is based upon need rather than insured status; consequently it is subject to resource (assets) limitations, on top of income limitations. There is a cap on the monthly benefit payable for SSI and there is no money available to pay dependents (in other words, if you receive SSI disability, your minor-age children will not be able to receive a monthly benefit unless they also qualify for disability independently on their own).

There are some individuals who are entitled to both SSI and Social Security disability benefits simultaneously in what are known as concurrent cases. These beneficiaries, who receive benefits from both programs, receive no more than the monthly SSI benefit amount. It simply means that their Social Security disability monthly benefit was so low that it did not exceed the SSI limit. Most disability beneficiaries who receive benefits concurrently, i.e. from both disability programs, have nothing payable to their dependents either.

Individuals who receive disability benefits from either of the Social Security administration's disability programs rarely have as much money coming into their households as they had when they were working. Social Security disability benefit amounts are like the benefit amounts of most disability programs, because they are not meant to completely replace an individual’s earnings. Perhaps the thought process is that those who become able to perform work activity will pursue that course rather than stay on Social Security disability or SSI.

One question that arises often in the minds of individuals who are filing for disability, or considering filing, is how bad must their condition be in order to qualify for disability?

Any condition, or combination of conditions, for which disability benefits are principally awarded must be severe. And there are instances in which claimants will be denied on the basis of having an NSI, or non-severe impairment.

However, severe and non-severe, in this context, are fairly arbitrary terms. How does SSA define non-severe? Simply as the following: "An impairment or combination of impairments is not severe if it does not significantly limit your physical or mental ability to do basic work activities". Even in this definition, a certain amount of subjectivity exists, the result being that relatively few impairments are judged by disability examiners as non-severe.

Having said that, however, most adjudicators would probably agree that a disability application filed on the basis of a hangnail should be denied on the basis of an NSI, while a claim in which the primary and perhaps only allegation was "headaches" would probably not be subject to such classification. Subjectivity is part and parcel of the process.

As was stated, fairly few disability cases are denied on the basis of a non-severe impairment simply because so many impairments, even those that sound relatively benign, carry with them some potential for causing functional limitations. What really plays into the social security disability process...is not whether or not a condition is severe, but, rather, how severe (and, consequently, how limiting) the condition may be.

In most instances, a claimant's alleged impairments will be accepted, and considered, as severe. Will they be considered severe enough to result in an awarding of disability benefits? If the medical evidence can satisfactorily point out to an adjudicator (a disability examiner or a disability judge) that the condition causes functional limitations of the sort that--

A) makes a return to past work not possible and

B) rules out the ability to engage in some form of other work,

--then the allegations will be considered "severe enough" to result in an awarding of benefits; provided, of course, that the claimant is not engaged in substantial and gainful work activity for the periods under consideration.






Return to:

  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions



    Other Posts

    When I apply for social security disability what kinds of questions will they ask?
    What Should you do to Apply for Social Security Disability?
    Can I work and apply for social security disability or SSI?
    If I Win My Disability Benefits, When Do My Benefits Start?
    How to Claim Disability Benefits
    Can social security disability be taken or seized for child support?
    Social security disability insurance benefits
    What happens if social security disability denies a claim?
    How to apply for social security disability and applying for SSI





    Return to:
  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions



  • Thursday, September 24, 2009

    If You are Approved For Disability - The Award Notice

    If you are approved for Social Security Disability at any level you will be sent an award notice.

    If your disability claim is approved at the initial level, you will receive an award notice once the disability examiner finds you disabled and returns your disability claim to your local Social Security office. All disability claim decisions are returned to the local Social Security office for further non-disability development. Most often, disability cases that involve Supplemental Security Income disability entitlement take longer to be approved at your local Social Security office.

    If you receive a disability allowance involving entitlement to SSI for any period of time, you will be contacted to complete an end of the line interview. During this interview you will be asked questions to determine if you still meet the non-disability requirements of the need based program, which simply means you must meet the income and resource limits to be approved for disability benefits even if you are medically determined to be disabled.

    So, once your local Social Security office has completed its development they will send you an award letter that provides you with information as to the amount of your benefit, the amount of any back disability benefit pay (if you are entitled to back pay), and when you can expect to receive you first monthly benefit check.

    Generally, initial award letters do not give specific back pay amounts if SSI is involved, because manual benefit computations have to be done and sent to Social Security payment centers for processing.

    What if you receive your approval for disability from an administrative law judge hearing?

    Well, just as with other levels of the Social Security disability process you will receive an award letter stating that your disability has been approved. However, it may take longer to receive this letter as it takes time for the administrative law judge decision to be written and forwarded to the payment center for processing.

    These award letters also tell you what your benefit amount is and when you should expect to receive your first disability benefit check. Unfortunately, if your administrative law judge hearing involves SSI entitlement you may have to wait for your final award letter.

    SSI administrative law judge hearing decisions are also sent to your local Social Security office for an end line review to determine if you still meet income and resource limits as well as what your living arrangements are.

    Since SSI is a need based program, your living arrangements can affect the amount of your monthly benefits. SSI disability recipients must be contributing their fair share of the household expenses to receive the full amount of the SSI disability monthly benefit.

    As you might expect, there may be more than one award letter involved in your disability claim, especially if you qualify for both SSI and Social Security disability benefits for any period of time.






    Return to:

  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions



    Other Posts

    How to Claim Disability Benefits
    Qualifying for disability on the first application
    Social Security Disability and to Qualify for Benefits
    How likely would I be to qualify for social security disability benefits?
    Requirements to qualify for disability
    How do you qualify medically for disability?
    Social Security Looks at Disability to Be Totally Disabling
    How long does it take to get a social security disability award letter?





    Return to:
  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions



  • New, Approved Drug to Treat Both Schizophrenia and Bipolar Disorder

    Schizophrenia and Bipolar Disorder 1 are both mental illnesses and can sometimes be confused with each other. In actuality, schizophrenia is actually a group of brain disorders that can cause delusions, disordered thinking and hallucinations, while bipolar 1 disorder is characterized by mood instability and involves manic moods, with or without subsequent depressive episodes. Even though these are two highly different kinds of mental illness, the United States Food and Drug Administration (USFDA) has approved a new antipsychotic drug that can be used to treat both schizophrenia and bipolar 1.

    The new, antipsychotic drug is called Saphris, and was created by Schering-Plough. This is the first time a psychotropic has been approved for both schizophrenia and bipolar 1. The reason Saphris can treat both illnesses is due to it acting on specific dopamine and serotonin receptors.

    Saphris is an ‘atypical antipsychotic’, meaning that it must carry a black box warning from the Food and Drug Administration. A black box warning indicates that taking the drug may cause serious adverse or life threatening effects. Saphris is labeled black box because it can be harmful if used by elderly people with dementia-related psychosis. Unlike most antipsychotic drugs, Saphris does not carry cardiovascular safety concerns.
    In clinical trials, patients with schizophrenia showed significant improvements in symptoms when taking Saphris and reported only mild side effects, such as drowsiness, oral sensitivity, and the inability to sit still. Patients with bipolar 1 disorder also saw a reduction in their symptoms and reported minor side effects such as weight gain, dizziness, movement disorders and drowsiness.






    Return to:

  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions





    Return to:
  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions



  • Monday, September 21, 2009

    Seven Facts About Parkinson's Disease

    1) Parkinson’s disease (PD) is a brain disorder that affects the central nervous system. It is a movement disorder, a degenerative disorder, and both progressive and chronic.

    2) Patients with PD experience shaking, decelerated physical movement, muscle stiffness, and are physically unbalanced. They may also display depression, muted and sluggish speech, and a slow-moving, shuffling walk.

    3) Parkinson’s disease happens when too many dopamine producing cells are damaged. Dopamine is a neurotransmitter produced in the brain that affects coordination in the body and its muscles. Lack of dopamine creates the symptoms in Parkinson’s disease.

    4) Parkinson’s disease is thought to be an idiopathic disease (meaning “arising spontaneously” or “from an obscure or unknown cause”), although in recent years there have been conclusions by many in the medical community that suspect there are genetic causes in some instances. It is also thought that head trauma and exposure to environmental toxins can cause PD. Studies and trials are still being done.

    5) Studies have shown that PD patients are likely to experience depression and anxiety; nearly 20-80 percent of PD patients experience some form of depression. Ninety percent of PD patients with pre-existing anxiety develop depression, and 70 percent with preexisting depression will develop anxiety. It has also been shown that people with depression have an increased risk for PD.

    6) Clinicians and researchers use the Unified Parkinson’s Disease Rating Scale (UPDRS) to diagnose and evaluate PD. This is done in five parts, including evaluating mood and behavior, motor evaluation, activities of daily life (ADLs), and severity of disease. The UPDRS includes clinical observations and interviews.

    7) There is no cure for PD, but symptoms can be managed. PD is not fatal, though it does progress with time and lower the life expectancy of the patient. While progression may take decades, sometimes progression is much quicker. Education, exercise, proper nutrition, and taking steps to create wellness and health can help those with PD live longer, productive lives.







    Return to:

  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions



    Other Posts

    What happens to my SSD or SSI if I go back to work?
    Social Security Disability and Parkinson's disease
    SSI Benefits, Supplemental security income disability
    What do SSI benefits and social security disability include?
    Reasons to apply for SSI and social security disability
    How much in SSI benefits and social security disability will you get?
    SSI benefits based on disability, who is eligible?
    What will usually cause your SSI or Social security disability to stop?
    Are you Allowed to Collect Social Security and Disability at the Same Time?
    SSI disability benefits for children





    Return to:
  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions



  • Not Sure if You Will Be Found Disabled By Social Security?

    Just because you file a disability claim with Social Security there is no guarantee that you will be found disabled. So what can you do to prove your disability case?

    If you feel that you are unable to perform substantial work activity due to some type of medical and/or mental condition, you may be able to be found disabled by Social Security if you have objective medical evidence that supports your allegation of disability. Social Security generally likes to have at least a twelve month longitudinal history of medical treatment to evaluate your disabling condition or conditions. In addition to a twelve month history, Social Security needs to have current medical treatment notes documenting your disability condition or conditions.

    Of course, Social Security can make a medical determination based upon less than a twelve month history as long as the disability examiner can verify current medical treatment in the form of records or a report from a consultative exam that has been paid for by SSA.

    However, since most claimants will be in the position of attempting to establish an onset date (when their disability began) that exists earlier than just a few months in the past, being able to provide at least 12 months of documented treatment is fairly important, and even more so in the case of psychiatric illnesses.

    If you have no medical treatment information, or your treatment information is in the past with nothing current, Social Security will schedule a consultative examination with a paid medical source to obtain a current status of your disabling condition or conditions.

    So what can you do to help prove your disability? It goes without saying that you should try to obtain medical treatment for your mental or physical disabling conditions.

    However, if that has not been possible and you are required to attend a Social Security consultative examination you should give your best effort. If you go to a consultative examination and are perceived to be performing at less than your ability (and this holds true for a physical exam, a psychological exam, or a psychiatric evaluation) it will be noted in the consultative examination report, and you will have increased the likelihood of not being found disabled for Social Security disability or SSI disability benefits.

    To recap, if you want to be found disabled by Social Security it is best for you to have current treatment and your own medical treatment sources. However, if you do not have any current treatment sources for you disabling condition and you are required to go to a Social Security consultative examination, be honest and give your best effort. In at least a few cases, the entire disability decision depends upon a consultative examination.

    Other pragmatic suggestions would include the following:

    1. When you file for disability, provide SSA with a complete list of your medical conditions. Chances are, if you leave something out it will be picked up by the disability examiner when the records are read and evaluated. However, that is not absolutely guaranteed. So list all your conditions as this will be important when it comes to rating what is referred to as your residual functional capacity. This is a measure of what you can and can no longer do, and it relates directly to your ability to perform work activity.

    2. When you file for disability, provide a full list of your medical treatment sources. Do not leave off doctors and hospitals simply because you have not been seen by them in quite some time. What many applicants fail to realize is that in addition to determining if you are currently disabled, social security will attempt to discern when your disability began. Obviously, for this purpose, older records are very important. And it should be noted: the farther back your disability can be established, the farther back you may potentially receive back pay (At this point, however, I should clarify that SSI is payable to the date of the application, and SSD, or social security disability, is paying to the date of the application as well as potentially 12 months retroactive to the date of the application).

    3. When you file for disability, try to accurately describe your past employment. Many applicants for disability do not realize this, but an accurate description of your past relevant work can make a difference in the outcome of your case. And without an accurate description of a job you performed in the past, the disability examiner may incorrectly categorize the job. For example, were you a truck driver? If so, what kind of truck did you drive? It makes a difference because some driving positions require more physically than others. Also, if you worked a technology job of some type, a detailed description of your job may be particularly helpful as the resource material used by disability examiners to "look up" your jobs is...very out of date.





    Return to:

  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions



    Other Posts

    Reasons to apply for social security disability benefits
    Disability, how many times do I have to apply?
    Social security disability and hepatitis
    Social Security Disability and Liver Disease
    Social Security Disability and Schizophrenia
    If I Win My Disability Benefits, When Do My Benefits Start?
    How to Claim Disability Benefits





    Return to:
  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions



  • Thursday, September 17, 2009

    Eight Things To Know About Agoraphobia

    1) Most agoraphobics are likely to avoid public places, open spaces, and places that they fear might trigger a panic or anxiety attack. The most popular places that cause fear for agoraphobics are cars, airplanes, sporting events, malls, bridges, any place with a lot of people or lines of people, and elevators.

    2) Symptoms for agoraphobia are overdependence on others, fear of being alone, fear of leaving the house, fear of being in public places, and a sense that the body is not real.

    3) Panic-attack symptoms due to agoraphobia include trembling, tightness in the throat or chest, rapid heartbeat, dizziness, sweating, vomiting, shortness of breath, and fear of dying. Panic attacks due to agoraphobia usually peak at 10 to 15 minutes and are usually over in 30 minutes.

    4) Agoraphobia is more common in women than men; in fact, it is twice as likely in women. Studies have not produced a reason for this, other than perhaps women being more likely to seek help.

    5) Although the cause of agoraphobia is unknown, it has been shown that risk for agoraphobia is increased due to substance abuse, chronic use of sleeping pills and/or tranquilizers, a stressful environment, and other anxiety disorders.

    6) Agoraphobia is treated very similarly to panic disorders. While antidepressants and anti-anxiety medications are good for some, others use graduated exposure therapy, systematic desensitization, cognitive restructuring, and relaxation techniques

    7) MAO inhibitors, tricyclic antidepressants, paroxetine, fluoxetine, sertraline are the most common medications for agoraphobia.

    8) Kim Basinger, Daryl Hannah, Brian Wilson (Beach Boys), and Woody Allen are known to have agoraphobia.





    Other Posts

    Can you file for disability with fibromyalgia and win?
    Is Agoraphobia a disability?
    Information on panic disorder, social security disability links
    Would You Know if You Had a Panic Attack?
    Social Security Disability SSI and Agoraphobia
    Filing for social security disability for stress
    Panic attacks and social security disability SSI
    What are the anxiety disorders
    Anxiety Disorder, social security disability SSI links





    Return to:
  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions



  • What sort of Forms are Used to File For Social Security Disability?

    To file for Social Security Disability (SSD) or Supplemental Security Income (SSI) you must complete three forms.

    Form SSA 3368 is used to gather information about sources of medical treatment; i.e., physicians, hospitals, mental health institutions, etc., as well as your work history. Your work history should include a description of any jobs you have held within the past 15 years, with as much detail as possible about the job you held for the longest period, including duties and responsibilities associated with those positions. Form 3368 will also ask you to provide information regarding your educational background.

    Form SSA 3369 is used to gather even more information about your work history, and it gives you a chance to be really specific about any activities you had to perform in past jobs, such as lifting, climbing stairs, memory function, standing or sitting for long periods of time, typing, etc.

    Form SSA 827’s are medical release forms, and must be signed by the applicant before Social Security can obtain your medical records, as well as your educational transcripts or other documentation, and any information from past employers regarding positions you held and/or tasks you were expected to perform within each position. In signing SSA 827 forms, you give Social Security permission to get copies of all of your records so that they can be added to the case file—without these records no decision on a disability claim can be made. However, if your initial application for disability is denied, there are other forms you must fill out if you intend to appeal the denial, or file a request for reconsideration.

    One form is SSA 3441, the disability report form. This form allows Social Security access to any new medical records you may have acquired since you filed your initial application. It also asks the applicant to provide details of any changes in his or her condition since the time the initial application was filed, as well as any new illnesses that may have developed over this time.

    You will also have to complete form SSA 561, the official request for reconsideration appeal form, as well as the SSA 827’s that allow Social Security access to your recent medical records.

    If your reconsideration appeal is denied and you intend to file a second appeal, you must file a SSA 501, the request for a hearing form, as well as another round of SSA 827’s so that Social Security can once again obtain copies of your most recent medical records.

    If you have retained an attorney or non-attorney rep, he or she will complete all of the necessary forms for you at each level of consideration. All forms can be filed online, and this is generally the quickest and most convenient way of filing them.

    The only point at which filing a Social Security form online is not advisable is at the very outset of your claim. It is often in the claimant’s best interest to speak with a claims representative in person or over the phone before filing the initial application for disability, because at this point there is much knowledge to be gained from an in-person interview.

    However, if you file your appeals forms online, do not forget to include an SSA 827 medical release form. Without this form no appeal, either reconsideration or at the hearing level, can go forward.






    Return to:

  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions



    Other Posts

    Applying for social security disability, how to file, how to apply
    Social security disability and hepatitis
    Social Security Disability and Liver Disease
    Social Security Disability and Schizophrenia
    Will I get medicare or medicaid with disability?





    Return to:
  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions



  • Monday, September 14, 2009

    Will I get Disability if my Psychiatrist says I can't Work?

    Without a doubt, if your treating physician or treating psychiatrist is supportive of your claim for social security disability or claim for SSI disability, that's a good thing.

    However, there are several things to keep in mind with a subject like this.

    1. Your doctor doesn't make the decision on your disability case. The disability examiner who reviews your claim will attempt to get records from your treatment sources, but how this adjudicator (or the judge if the case is at the hearing level) interprets the records may not be predictable by anyone, including your doctor.

    2. Your doctor may tell you that he or she supports your case, but the records obtained from this individual may be fairly spartan. That is, they may make little reference to your functional capacities and functional deficits. Well, the problem there is that...this is how the social security administration makes decisions on claims, by looking at your records and determining what you can and cannot do (mentally and/or physically). By doing this, SSA can attempt to determine if you are able to engage in work activity at the SGA, or substantial gainful activity level. Of course, if your records are lacking in this regard, SSA may send you to a social security medical exam, or CE (consultative exam). However, these examinations are seldom instrumental in actually winning cases. Typically, they are used only to provide recent medical record documentation so a case can be closed.

    Will social security attempt to get a letter from your doctor to help your case? Sadly, no. And if you provide a statement form your doctor (see RFC, residual functional capacity form) while your case is pending at the initial claim or reconsideration level, it may not provide much boost since disability examiners often disregard the opinions of treating physicians. However, if you or your representative choose to obtain a statement from a treating source and submit to an administrative law judge at a disability hearing, it can provide quite a boost and may even help win your case.

    3. This is the most unpleasant possibility. I've been involved in cases where a treatment source would indicate to their patient that they would be supportive of the claim. Then, when it came time to do this, they refused to fill out an RFC form. On a later phone contact, they would even say they didn't think their patient was disabled. Why mislead their patient? In most cases, they didn't believe they were misleading their patient but, instead, were trying to avoid telling their patient their true opinion: that they did not actually support their claim for disability.

    Now, having said all this, if your psychiatrist tells you that, in his or her opinion, you can't work and have a strong case for disability benefits, you can probably take them at their word. Not all situations are like the ones I just described. However, please bear in mind that the decision on your case is made by an adjudicator. Your doctor has no decisional input whatsoever.







    Return to:

  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions


    Other Posts

    I Was Awarded SSI Disability- Will I get Medicaid?
    How to claim disability
    What makes being approved for disability so difficult?
    Social Security Disability SSI and vision loss
    Social Security Disability (SSD), SSI & Diabetes
    Applying for disability under social security
    Claim for SSI Disability
    Who makes the social security disability or SSI decision?
    The social security disability hearing decision





    Return to:
  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions



  • Eight Things About Scoliosis

    1) Scoliosis is a lateral curvature of the spine and can be classified as idiopathic, congenital, or as a symptom of another spinal condition such as spinal muscular atrophy, cerebral palsy, or spina bifida.

    2) There are three different categories of scoliosis: dextroscoliois, levoscoliosis, and rotoscoloiosis. Dextroscoliosis refers to scoliosis with a right side convexity, while levoscoliosis refers to a left side convexity. Rotoscoliosis is a term used when the vertebrae is very prominent due to scoliosis, and is oftentimes meshed with the other two forms when categorizing.

    3) Scoliosis if often present at birth, but may not be found until adolescence. Many times it is inherited. Sometimes it is not developed until adolescence, due to idiopathic reasons or due to a tethered spine. Adults may develop the condition due to trauma.

    4) Symptoms can include a prominent rib or shoulder blade, uneven rib cage, shoulder, or hip, imbalanced distance between arms and body, and in females, an imbalanced or uneven location of breasts. Sometimes slow nerve action can be a symptom for scoliosis.

    5) If left untreated, pain can result, as can pressure on the heart, reduced lung capacity, and limited physical activities.

    6) There is a higher risk of progression for patients that are still developing skeletal maturity, and for those with larger thoracic and double primary curves, as opposed to those already fully matured, with smaller, thoracolumbar or single lumbar curves.

    7) Observation, chiropractic, physical therapy, and bracing are the main forms of management. Bracing is effective especially when patients are still growing and maturing. Bracing is also used for pain management in some adults. Infants and some small children have been helped by (and sometimes cured by) applying several coats of a plaster cast that is applied to a corrective frame, also known as a plaster jacket.

    8) Spinal fusion surgery is the most common surgery used for scoliosis. While it does not usually cure the scoliosis completely, it can make spine corrections that lessen pain and deformity, or curves that affect daily living and may make health matters worse. It is usually used on curves that are at least 40 degrees or more, or those with a high probability of becoming much worse than they already are.






    Return to:

  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions




    Other Posts

    How to Win a Social Security Disability Case Fast
    Representation for a social security disability or SSI case
    The disability hearing and the administrative law judge
    Social Security Disability SSI and scoliosis
    What benefits can you file for if you become disabled?
    Social security disability quality control, DQB
    Social security disability, organic mental disorders
    Will social security give me the status of my disability case?
    How do you get a faster decision when you apply for disability with social security?
    Doctor help for social security disability





    Return to:
  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions



  • Thursday, September 10, 2009

    Do Disability Lawyers Have a set amount they can be Paid?

    Yes and no...and yes. Actually, anything that a social security disability representative, attorney or otherwise (Note: you can be represented by a non-attorney claimant's representative and sometimes these reps are former disability examiners such as myself, or former SSA field office claims representatives), charges must be delineated in a fee agreement that is approved by the social security administration.

    There are two types of expenses that a person who is filing for social security disability may incur. The first is the actual fee for representation. How much is that fee and how does it work? For a very long time, a representative could receive 25 percent of a claimant's back pay up to a maximum of $4000. Then, it was changed to 25 percent of a claimant's back pay up to a maximum of $5300. It stayed at $5300 for several years. Now, as of the summer of 2009, that amount is 25 percent of a claimant's back pay up to a maximum of $6000 (to see the current fee amount, visit this page: Social Security Disability Attorney Fees - How much is the Fee and When do you Pay?).

    Paying the fee? Well, you don't pay at all unless the representative wins your disability case. And that's because the fee is based on the back pay that you receive. Back pay, of course, depends on your established date of onset, and your date of entitlement following the five month waiting period). And obviously, though, if your case isn't won, there is no back pay, therefore no fee.

    Costs that may be payable other than the fee for representation are spelled out in the fee agreement that you sign when you take on a representative. Typically, you will sign this fee agreement at the same time you sign an SSA-1696 form to appoint your representative. And, typically as well, when you sign this fee agreement you will usually sign a number of medical releases so your chosen representative can gather information to develop your case, as well as SSA-827 releases for the social security administration.

    You should always read your fee agreement. There's a lot of variance in individual fee agreements. Examples? Some disability lawyers will only ask you to reimburse them for the cost of obtaining medical records and medical source statements (on an RFC, or residual functional capacity form). Others, however, will ask you to reimburse them for ALL SORTS OF COSTS including the cost of postage.

    Read your fee agreement carefully before signing it. Also, make sure you understand this: some disability lawyers will advance the cost of obtaining medical records. That is, they will pay this cost upfront as they work on your case and then, when the case is over, will ask for reimbursement. And that works fine for most claimants since they are often in the position of having little disposable income or assets to draw on.

    However, not all representatives do this. Some will ask you to pay for the cost of obtaining medical records as those records are being obtained. Since some lawyers do this and some do not, you may wish to learn how the lawyer you are thinking of hiring does it.

    Also, last note, the fee for representation is payable only if your case is won. Other costs are payable regardless of whether you win or lose. So, again, read your fee agreement carefully.







    Return to:

  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions





    Return to:
  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions



  • Friday, September 4, 2009

    Are you Allowed to Collect Social Security and Disability at the Same Time?

    You cannot collect both Social Security Disability (SSD) benefits and Social Security retirement benefits at the same time.

    If you are of retirement age, you can, however, file for both SSD and Social Security retirement at the same time. If you are approved for disability benefits, you will be paid the higher amount, usually the SSD amount, rather than the retirement benefit. If your application for SSD is denied, you can still collect Social Security retirement, so no harm is done by filing an application for both benefits. In essence, you have nothing to lose by covering all your bases, and may end up with a higher monthly payment if your application for SSD is approved.

    If you are not eligible for SSD because you have not worked enough in recent years to qualify for this program, you may be eligible for Supplemental Security Income (SSI), provided your total income and assets are not valued at more than $2,000. Keep in mind that “total income” includes any Social Security retirement benefit you receive, so if your Social Security benefit puts you over the $2,000 limit, you will not be able to draw SSI, even if DDS has determined that you are disabled. The only way to collect SSI and Social Security at the same time is if your total monthly income does not put you over the SGA, or substantial gainful activity amount, and your assets are not worth more than $2,000.

    You can collect disability payments from private disability insurance policies while collecting SSD or Social Security retirement benefits. Long-term disability insurance benefits from your employer or an insurance policy you took out yourself, private pensions, and workers’ compensation benefits can all be collected at the same time as SSD.

    There are usually limitations to the total amount you can draw, however. In many cases private disability insurance companies require that policyholders apply for SSD. If SSD is approved, then the insurance company reduces the benefit paid out to the policyholder accordingly.

    Likewise, Social Security will reduce the amount of SSD benefit paid to a claimant if he or she is receiving workers’ compensation. Those who are awarded SSD and are receiving workers’ compensation will continue to receive a reduced monthly benefit from Social Security until their workers’ compensation benefit runs out. This typically occurs when the recipient reaches full retirement age, at which time workers’ compensation payments automatically end, and SSD payments are converted to full Social Security retirement benefits.







    Return to:

  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions



    Other Posts

    How to apply for social security disability
    Filing a social security disability application when you're eligible
    Disability qualifications and criteria SSA SSI Benefits
    Backpay, does everyone approved for disability get back pay
    Qualify for disability, what medical conditions
    Qualifications for disability
    Social security disability and hepatitis
    Social Security Disability and Liver Disease
    How to qualify for disability, does my condition?
    Social Security Disability and Schizophrenia
    How to qualify for disability





    Return to:
  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions



  • Thursday, September 3, 2009

    Applying for Social Security Disability and Hepatitis

    Here's an excerpt from the page on Disability Secrets that discusses the disability approval criteria established in the blue book (the social security manual that provides specific criteria for a number of medical impairments, though certainly not all impairments) for hepatitis. As always, of course, it should be noted that most applicants for SSD and SSI benefits who are approved are not approved on the basis of a listing. Most approved applicants are actually awarded benefits after an evaluation of their medical history and work history demonstrates that they do not have the capacity to work and earn what is considered by the social security administration to be a substantial and gainful income.

    Now, here that's excerpt of the hepatitis page and the link that leads to the full page.

    You could be awarded Social Security Disability (SSD) or SSI on the basis of hepatitis by meeting the listing for hepatitis in the official Social Security disability list of impairments. Hepatitis is listed in the blue book under the section dealing with the digestive system.

    The rest of the page can be viewed at this link: Social Security Disability and hepatitis



    Other pages that discuss hepatitis:

    1. Is hepatitis C a disability?

    Excerpt: "Hepatitis C is a disease caused by the Hepatitis C Virus (HCV), which can lead to severe liver damage. Often people with hepatitis C are not aware that they have the disease, as it typically operates silently in the body for some time without manifesting any particular symptoms"

    2. Disability and hepatitis

    Excerpt: "Chronic hepatitis C may lead to cirrhosis of the liver or cancer of the liver. Left untreated, two-thirds of those with hepatitis C will develop cirrhosis"

    3. Hepatitis Information

    Excerpt: "Hepatitis is caused by bacterial or viral infection, drugs (including alcohol), toxins, or parasites. It is most commonly caused by one of three viruses: the hepatitis A virus (HAV), the hepatitis B virus (HBV), or the hepatitis C virus (HCV)"

    4. What Causes Cirrhosis??

    Excerpt: "Cirrhosis of the liver can also be caused by hepatitis B and C, and nonalcoholic fatty liver disease (NAFLD). Twenty percent of the 4 million Americans with hepatitis C develop cirrhosis of the liver"






    Return to:

  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions



    Other Posts

    What happens if I miss my appointment to apply for disability?
    How do you get a faster decision when you apply for disability?
    How to apply for social security disability and applying for SSI
    If my SSD or SSI disability claim is denied, what do I do?
    Social security disability what if I get better and go back to work?
    Does SSI disability pay for rent and utilities?
    Who will qualify for SSI disability?
    Filing for disability is it difficult?
    Disability qualifications and criteria SSA SSI Benefits
    How to apply for social security disability and SSI benefits
    Time to get approved for disability benefits





    Return to:
  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions



  •  















    Social Security Disability Prior Posts

    Social Security Disability Secrets Blog
    Eligibility for disability benefits
    Requirements for Disability Benefits
    Representative for a Social Security Disability Hearing
    Social Security Disability - Mental Impairment Qualifications
    Representation for a Social Security Disability or SSI Case
    Social Security Disability Attorney Fee
    Social Security Disability Decision Process
    Qualifying for disability on the first application
    Winning your Social Security Disability
    Disability Questions 7
    Disability Questions 8
    Disability Questions Page 9
    Disability Determination for Social Security Disability Benefits
    Social Security Disability Forms and letters
    Social Security Disability Application Interview
    SSD Benefits, Depression, and Mental Testing




    Social Security Disability Representation

    Social Security Disability Attorney Lawyer California
    Social Security Disability Attorney Lawyer Texas
    Social Security Disability Attorney Lawyer Michigan
    Social Security Disability Attorney Lawyer Indiana
    Social Security Disability Attorney Lawyer Illinois
    Social Security Disability Attorney Lawyer Ohio
    Social Security Disability Attorney Lawyer Georgia
    Social Security Disability Attorney Lawyer New York
    Social Security Disability Attorney Lawyer New Jersey
    Social Security Disability Attorney Lawyer Pennsylvania
    Social Security Disability Attorney Lawyer Florida
    Social Security Disability Attorney Lawyer Missouri
    Social Security Disability Attorney Lawyer Arizona
    Social Security Disability Attorney Lawyer Colorado
    Social Security Disability Attorney Lawyer Massachusetts
    Social Security Disability Attorney Lawyer Louisiana
    Social Security Disability Attorney Lawyer Washington
    Social Security Disability Attorney Lawyer North Carolina
    Social Security Disability Attorney Lawyer Virginia
    Social Security Disability Attorney Lawyer Minnesota
    Social Security Disability Attorney Lawyer Kentucky
    Social Security Disability Attorney Lawyer Mississippi
    Social Security Disability Attorney Lawyer Maryland
    Social Security Disability Attorney Lawyer Nevada
    Social Security Disability Attorney Lawyer Wisconsin
    Social Security Disability Attorney Lawyer Tennessee
    Social Security Disability Attorney Lawyer Kansas
    Social Security Disability Attorney Lawyer Oregon
    Social Security Disability Attorney Lawyer Arkansas
    Facts about Various conditions 3
    Facts about Various conditions 2
    Facts about Various conditions 1