Lawyers and Social Security Disability

Whether to get a lawyer for your Social Security Disability or SSI claim is a matter of personal choice. I will tell my opinion from my experience in handling these cases how an attorney can help. I believe the most important function of a lawyer in SSDI cases is to fully develop the record. This means making sure all relevant medical records are in the file. A lawyer can look at a file and see what is needed to win a particular case. It is not enough in most cases to just have all the medical records from the treating doctors. You have to know what you have to show to prove disability for every individual case. This includes getting the appropriate RFC forms from the right treating doctors. The RFC forms are just another tool the lawyer uses to make a case. The limitations from these RFC that are supported by the medical records and statements from your doctors have to be tied into the "theory" of the case. A good lawyer will craft his theory of why the claimant can not work by integrating all the elements of the claim. Many things come into play including age, education, prior work, limitations, objective evidence, subjective evidence, testimony, possibly medical and vocational experts, the listings and many other factors. If you decide you don't need a lawyer it would be a good idea to learn as much as you can about Social Security Disability.

The Future of Social Security Disability

What does the future of Social Security Disability claims look like? I expect the new changes bringing SSA into the digital world will have a huge impact on SSDI and SSI claims. SSA is already moving towards paperless files but the technological progress I expect over the next couple of years should really improve the disability process. As it is now on my cases that are paperless I can submit evidence by fax or by sending it over a secure Internet connection. I can even communicate with the ODAR office electronically. If all goes well in the near future lawyers will be able to access the SSA file over the Internet. This will be very beneficial because Lawyers will know exactly what is in the file and what they need to still get. One big advantage to the claimant is that it will eliminate having to get medical records that are already in the file thus saving money by not getting duplicate medical records. By having access to the whole file from start to finish a lawyer will be able to evaluate cases and submit briefs at various stages of the process and hopefully get faster favorable decisions. Not only does this benefit the client but also will help to relief the SSA backlog. If the medical community can become digital, getting records will be as simple as a mouse click. SSA is also moving towards having medical and vocational experts available online thus removing the obstacle of having to schedule these experts for hearings which can cause delays. There are some lawyers who fear that SSA is becoming too digital and that this could take the human element out of these cases. I see it as the only solution to the growing back log at SSA. In my opinion these changes and many others will make for a faster and more fair process for the claimant.

Report from NOSSCR conference.

There are some interesting things I learned at the NOSSCR conference. It appears that SSA's plan to raise the ages in the grid rules will not be done. The theory was that with improvements in health care people are living longer and getting better medical treatment and therefore the ages in the Grid Rules needs to be raised to catch up with the times. It appears that they will not be raising the ages because it would have a negative impact on the poor in this country who do not have the advantage of the better medical treatment. It also appears as if SSA will continue to have an Appeals Council in some form. As part of the new process, Social Security is testing in the Boston area, the Appeals council was eliminated leaving no option to appeal an ALJ's decision except for a suit in federal court. I am glad to see it looks like they will keep the Appeals Council so that non-represented claimants can still make appeals without having to navigate a federal law suit.

I will be going to the NOSSCR conference this week

NOSSCR is an organization of Social Security Disability lawyers and representatives of which I am a member. There should be many interesting topics. I am most looking forward to seeing how the new SSDI and SSI process is going in the Boston area. I will report back on anything I learn. I will also be attending classes on many different topics and will write some posts on anything of interest.

List all medical conditions that cause functional limitations

I am sometimes asked if one should mention only their main medical condition when pursuing Social Security Disability or SSI. No, you should list all the medical conditions you have that cause functional limitations. Some have said they feel if they list to many medical conditions that they think SSA will give less credibility to their most debilitating condition. What you have to remember is Social Security when determining if you are disabled is required to look at all your conditions combined and how it limits you from being able to work. So even though your main medical condition might cause you the most limitations any other limitations from other conditions added on to your main disability limitations may make the difference in your case. An example is, suppose you have a serious back injury that you consider to be your main disability and it severely limits your physical abilities. If you also suffer from asthma although in this case not disabling in itself it does limit you from certain types of environments like dust or smoke. You may also suffer from depression that also might not be disabling by itself in your case but does cause you some limitation in certain areas like memory and concentration. These additional limitations from your less severe conditions could make the difference in your case.

SSDI Claim For Bipolar Disorder

Bipolar Disorder is sometimes a tricky condition when it comes to Social Security Disability. There are several things that make these cases sometimes difficult to win. The condition causes the individual to have extreme highs and lows. When someone suffering from this disorder is in a manic phase they tend to be very active and this may give the mistaken appearance to SSA that the claimant has the ability to work. Another potential problem is that people who suffer from this condition sometimes have alcohol or drug abuse issues. Social Security will not find someone disabled if drugs or alcohol is material to a finding of disability. In other words if the substance abuse were taken away would the limitations from the bipolar still be disabling. This can be very difficult to show and it can help to have a statement of the individuals limitations absent drugs or alcohol from the treating psychiatrist. For further reading on the subject see "Social Security Disability and Bipolar Disorder."

Your Doctor and Your Disability Claim

One of the most important parts of your claim is your doctors. Your treating doctors are even more crucial than having a good lawyer. If your doctor feels you are disabled and is willing to help with your claim you have a great start to winning. Social Security gives special weight to treating doctors if their opinion is well supported by the medical evidence. If they have a specialty in treating your condition they are given even more weight. If you have a good RFC or report from your treating doctor that details your limitations that prevent you from working and that opinion is supported by the medical evidence it is very hard for Social Security to deny you.

Social Security Disability and SSI for those over 50

Many of you have heard that if you are 50 years of age or older your chances of getting Social Security Disability are greater. In general this is true but not absolute. The reason I say this is because before you get to step 5 of the process you have to show you can't do prior work at step 4. Click this link to see Social Security's five step process. If your prior relevant work included sedentary work you will first have to show you can't do that work. On the other hand if you only did heavier than sedentary work it is much easier because if you are found to be limited to sedentary work you go to step 5. Getting to step 5 and an evaluation under the Grid Rules is were being 50 years old or more gives you an advantage over younger claimants. This can be a rather confusing topic and you should follow my links above and read those sections carefully to get a full understanding of what I am talking about.

I will be updating progress of new SSDI process

I will be attending a conference of Social Security Disability lawyers in a few weeks. I plan to pay close attention to anything on the new SSA process being tested in the Boston area. I will learn all I can about how it is going and the positive and negative things we can expect when the new process finds its way to all the states. Check back here because I will give my thoughts on how it is going and what it means to you.

How does Social Security determine if you are disabled?

There is a five step process the Social Security Administration uses to determine if you are disabled.

1. Are you working? If you are working at SGA level SSA will determine you are not disabled. If SSA determines you are not working you go to step 2.
2. Is your condition "severe"? If SSA determines your condition is not severe you will be denied at this stage. Social Security will find your condition to be severe if it interferes with your ability to do basic work related activities. If your condition is severe you go to step 3.
3. Does your medical condition meet or equal one of the medical listings of impairments. If it does you will be found disabled? If it does not you will move to next step.
4. Can you perform your past work? If SSA determines you can perform your past work you will be found not disabled. If they decide you can not perform past work you go to step 5.
5. Can you do any other work? This is the last and probably most complicated step. It does not mean if there is any job at all out there that you can do Social Security will deny you. SSA uses vocational guidelines sometimes called the GRID Rules. Your age, education and past work experience all come into play here.

These are the steps in the most simple way I could explain them. To get more information on the steps see my web site page called "am I disabled".

When should I apply for Social Security Disability?

To get SSDI or SSI you must be out of work for at least 1 year or expected to be out of work for a year or more. So if you want to apply before waiting a year you should try and get a letter from your doctor that says he or she feels you will be unable to work for at least a year or more. On the other hand many people for different reasons don't apply as soon as they can. This can be a mistake because you can only get paid for the months 1 year prior to your application in a SSDI case. In SSI you can only get paid from your date of application. So in my opinion apply as soon as you can.

LTD and Social Security Disability

Many of you applying for Social Security Disability may also be applying for or getting Long Term Disability benefits from an insurance company or employer. One thing you may already know is that the insurance company pays less if you get SSDI. Most LTD policies require that you apply for Social Security Disability Benefits. They may even recommend a representative to help with your Social Security claim. My thoughts on using the insurance companies recommended representative can be found on my other blog at my Ultimate Social Security Disability Guide web site. One issue which you might want to keep in mind is that the LTD policy usually changes the definition of disability after 2 years so many people are denied after getting these benefits for two years. Many insurance companies also only pay for a psychiatric disability for two years. Check your policy and read it carefully. Social Security Disability and Long Term Disability claims when being pursued at the same time can have many issues to deal with so make sure to consult with a lawyer if you have both.

How to find out what my disability benefits will be.

I am frequently asked how much Social Security Disability benefits will I get if I am found disabled. The best and easiest way to find out is to look at the green paper you get from Social Security every year that outlines your work history. You will find on this paper how much you would get on disability, at retirement and earlier retirement. You will also find how much your children would get if you went on disability. You can also see your date last insured or DLI. This is the date you must show you were disabled before to be eligible for SSDI benefits. If you worked after the date of the letter the numbers may change. If you did not get this green letter you can request a copy from SSA. Supplemental Security Income claims are different. To see how these benefits are calculated go to my web site page called SSI.

The Social Security Disability Hearing

One of the most intimidating aspects of a Social Security Disability Claim is the hearing before an Administrative Law Judge or ALJ. I hope I can help you relax by explaining what to expect at the hearing. The ALJ will direct and decide on the case. There will also be a reporter present who records all that is said at the hearing but will not be involved other than that. If you chose you can have a lawyer or other representative with you. In some cases there will be a Vocational Expert (VE) and/or Medical Expert (ME). The VE is there to give opinions on work related matters. The ME is there to give opinions on medical matters. I do recommend if you have a hearing to get a social security disability lawyer to assist you. A lawyer or representative who has handled many hearings can go over the types of questions you can expect and present your case. If there is going to be a VE or ME at your hearing it is even more recommended you have a lawyer because it can be difficult to cross examine these experts. The procedure will go something like the following. The ALJ will make some opening remarks about the procedure and law. After he is done either the ALJ or lawyer will begin the questioning. To see the types of questions asked and more see my web page on the Social Security Disability Hearing. Most hearings are held in small rooms and not big court rooms and the procedure is fairly informal. The best advice I can give is to try not to be nervous but don't worry if you get upset or cry this is common.

How does age affect Social Security Disability?

Many of you have heard that the older you are the better chance you have of winning Social Security Disability Benefits. This is for the most part true especially if you are over 50 years old. The theory is that older individuals are less likely to be able to make vocational adjustments. This does not apply to those who meet a listing. It comes into play if you don't meet a listed impairment. To understand how age can affect your claim you should have an understanding of the GRID Rules. To know when the GRID Rules come into play you need to know how Social Security determines if you are disabled. Even if you are over 50 years old if you performed a sedentary job in the past 15 years your claim can be as difficult to win as someone who is younger. This is because before you get to the GRID Rules you have to show you can't perform prior work. It is much harder to show you can't do a sedentary job than say a light or medium job. To understand the concept of how age affects your disability claim you should first study my page on how SSA determines if you are disabled and then look at the page on the GRID Rules.

What is most important to get Social Security Disability?

There is allot of things to learn to have a successful SSDI or SSI claim. If you are handling the claim without a lawyer you need to know the Social Security Disability Process. You also need to know how Social Security determines if you are disabled. I included links to my website which explains both of these. Whether you have a lawyer or not the most important thing you can do to help win your claim is to make sure you get all of your relevant medical records in. Even if you submit all your treating sources records and hospital records you are not done. You should also have Residual Functional Capacity forms or RFC forms from your treating doctors. These forms will show the limitations you have from your medical conditions. It is ultimately these limitations from your medical conditions and not the medical conditions themselves that will help get you found disabled. Even if your medical condition meets a listed impairment it is extremely important that your doctor says so.

Social Security Disability and SSI

I frequently get asked the difference between Social Security Disability and SSI. Social Security Disability is availble to people who have worked and paid taxes into the Social Security System. When you work you earn credits twords being eligible. You can earn up to 4 credits per year. You need a total of 40 credits to be eligible for benefits. For people who are very young you may need less than 40 credits. The date you are covered untill for disability is called your date of last insured or DLI. You must be found disabled prior to this date. If you worked consistently your DLI is usually 5 years after you stopped working.

Supplemental Security Income or SSI on the other hand is a needs based program and the funds come from the general tax revenues. SSI is for low income people who are aged blind or disabled. You must have less than $2,000 in resources or $3,000 if you are married. For more on SSI eligibility see my page on SSI.

To see tips on how to get disability benefits see my page "How to win Social Security Disability".

Working on Ultimate Social Security Disability Guide

It has been quit a while since I last wrote on this blog. I have been extremely hard at work on my website the ultimate social security disability guide. Visit this site. I have included even more information on Social Security Disability and SSI. I also have a blog on that site aswell. I will continue to try and update this blog but to get the most free information on Social Security Disability and SSI my site is a must read. You will find information on all the stages of the disability process, how Social Security determines if you are disabled, what you can do to give yourself the best chance of winning your SSDI or SSI benefits, and much more.

Changes at Social Security

This is a time of change for Social Security disability. Social Security is going paperless. In fact, they are already using electronic files in most states and many are completely paperless. Social Security is also revamping the whole disability process. They are testing the new process in the New England area. I will have more on all of this in future Blogs.

To Win You Must Learn About the Process

If you want to win your Social Security Disability claim you must read all you can about Social Security and how they determine if you are disabled. A good starting point is my site http://www.ultimatedisabilityguide.com/. But don't stop there you should also explore the Social Security Administrations web site. You know why you can't work but if you don't understand what you have to prove to Social Security you are drasticaly hurting your chances of winning. Even if you have a lawyer you must research the subject. You should also ask your lawyer what are the keys to your particular case. By knowing what is essential to your case you can assist in getting the proper medical records and RFC forms. It will also help you in how you fill out forms for Social Security and how you testify at hearing.