DISABILITY BENEFIT RECOVERY

3 types of decisions are possible following a Social Security disability hearing before an adminstrative law judge (ALJ). Fully favorable - means the judge agrees with all parts of your claim, including the alleged onset date.  Social Security agrees to pay benefits as far back as the law permits. Partially favorable - means the judge agrees that you are disabled but disagrees with the alleged onset date.  This will reduce or eliminate your back payment, depending on the "established onset date" the judge has chosen.  You will be paid from the new "established onset date."  Keep in mind, there is a 5 months waiting period on all decisions - even fully favorable ones.  5 full months of payments will be subtracted from the established onset date established by the judge.  For example, if your established onset date is March 13, 2014, your "waiting period" will be April - August, 2014.  Your first month eligible for payment would be September, 2014. Un

Representatives have long warned our clients to be careful about what they post on Facebook and other social media sites.  I advise my clients to stay off the social media sites altogether. On April 9, 2014 the House Oversight and Government Reform Subcommittee on Energy Policy, Health Care, and Entitlements held a hearing to examine the disability determination and adjudication process.  Chairman Jim Lankford (R-OK) and ranking member Jackie Spoeier (D-CA) told the committee that they had sent a list of recommendations to Carolyn Colvin, Acting Commissioner of the Social Security Administration.  One of the recommendations sent to Acting Commissioner Colvin was: "The Social Security Administration should review each applicant's social media accounts before awarding benefits..." There it is, in your face, and black and white.  The Congressional Oversight Committee, the "boss" of the Social Security Commissioner, wants Social Security to look a

"Delayed development" is the new phrase for what used to be called "mental retardation."  It is generally judged according to Social Security Listing 12.05, Intellectual disability.  There is a separate Listing for children. Intellectual disability generally involves a low IQ score. The following are considered severe enough to meet a Listing and qualify for benefits: 1)  A verbal, performance or full scale IQ of 59 or below; OR 2)  A verbal, performance or full scale IQ between 60-70 plus at least one additional physical or mental work related reduction in function; OR 3) A valid verbal, performance, or full scale IQ of 60 through 70, resulting in at least two of the following:  1. Marked restriction of activities of daily living; or 2. Marked difficulties in maintaining social functioning; or 3. Marked difficulties in maintaining concentration, persistence,

Social Security considers Psychotic disorders, such as schizophrenia, delusions or paranoia under Listing 12.03.   If an individual meets or equals the severity of the Listing, he qualifies for Social Security disability benefits.  Bear in mind, however, that most individuals will not meet or equal a Listing. The Listings are very specific, details and require very severe impairments of long duration. Failure to meet a listing does not necessarily mean that benefits cannot be won.  An alternative approach would be to show that the combined restrictions of impairments prevent full-time work activity (8 hours per day, 5 days per week, or similar schedule). It is helpful if evidence can be provided from either a psychiatrist (MD) or a licensed clinical psychologist, as opposed to a family doctor.  The reason is simply that the Social Security regulations require that a specialist working in the area of his/her specialty be given more weight than a general practitioner.   Unfortun

Anxiety and depression are evaluated by Social Security under Listing 12.04, "Affective Disorders." If you meet or equal a listing you automatically qualify for Social Security disability benefits.  However, meeting a listing is very difficult because the requirements are lengthy and extreme.  Most individuals with severe depression will not meet a listing but they may still be found disabled. How is that possible?  By showing that the combination of all impairments make it impossible to perform full-time work related activity.  Especially helpful in 12.04 evaluations (depression, anxiety, PTSD, etc.) would be an evaluation of such factors as staying on task understanding and following spoken and written instructions responding appropriately to supervision or coworkers the ability to concentrate (which affects staying on task)  In short, we must prove the severity of the mental disorder and how it significantly restricts an individual's ability to perform work