DISABILITY BENEFIT RECOVERY

   Sadly, more and more doctors are refusing to help their patients with their Social Security disability claims.  The reason probably is that doctors misunderstand what they are being asked to do or they misjudge and fear the time commitment. Actually, the process is rather simple and not time consuming.  The physician completes a brief form consisting mostly of checking boxes, giving his/her professional opinion.  The form does not require any special evaluation or examination--it is based on treatment history.  It should be viewed as win/win. The patient gets income and Medicare/Medicaid to cover medical treatment.  Both doctor and patient should be happy. Fear of Legal Liability:  Unless the doctor willfully provides false information, there is no legal liability on his/her part. What is the Doctor Being Asked To Do?  The doctor is not "signing up" the patient for disability benefits.  Under federal law, the decision about dis...

Unfortunately, I run into people who still feel that Social Security disability is a type of welfare.  Or that it's a handout.  Or a scam upon the US Government. It is none of those things.  It's collecting benefits from an insurance policy that you were forced to purchase. During your working years, the US Government forced you to have FICA taxes deducted from your pay.  Your employer matched those deductions dollar for dollar.  The US Government has collected trillions of dollars in FICA taxes.  In return, the Government enrolled you in Medicare and Social Security disability insurance policies.   (The term Social Security is appropriate).  It's just like you bought an insurance policy from Blue Cross, or Allstate or State Farm.  Except for one thing:  you were not given a choice.  It was pay the FICA for Social Security taxes or go to jail.   Now that you cannot work because of a physical or mental disability, you are ...

On what date did you first become disabled? That question is very important in a Social Security disability claim.  When you file your application for benefits, Social Security requires you to give that specific date as month/day/year.  Benefits can potentially be  paid back to that date. The date you became disabled is called the "alleged onset date" in the application process.  Once the date is accepted by Social Security, it is called the "established onset date." If your disability was caused by a car wreck, stroke or on the job injury, the date may be obvious.  However, if the disability is from illness which came on gradually, the date may be more subjective. You may consider the date you stopped working as your "alleged onset date."  However, many people struggle to keep working even after they are really disabled.  If you cut back to only part-time work, that could be a good indicator of the date your disability actually began.  (N...

Grid Rules are published as part of the 20 Code of Federal Regulations and are also called Medical-Vocational Guidelines.  The grids combine your age, education, past work skills and residual functional capacity to form a guide to determine if you are disabled. If you combine all the above factors and the grids point to "disabled," you should qualify for benefits.  However, you may still qualify even if the grids do not point that way.  You could still qualify by proving that a combination of all your impairments make you unable to perform any work available in the local, regional or national economy. Many advocates and attorneys will refer to the grids before deciding whether to take a case.  I prefer to dig a little deeper than the grids.  One example of where the grids are of no help is a case involving mental impairments.  Mental impairments are not measured by "exertion levels" and, therefore, the grid rules do not apply. For strict...

A successful disability application has several vital components.  An application should not be quickly "thrown together," for it is a complicated process, especially if it is to have a chance to be successful.  Here are some points to consider for a successful Social Security disability application in Alabama: Severity Requirement .  You must show that your illness or impairment is severe.  You also must prove that it results in more than moderate restrictions of function.  Duration Requirement.  You must demonstrate that your severe impairment has lasted--or is expected to last 12 consecutive months or more - OR that it is expected to end in death (terminal). Insured Status.  It will be necessary to have insured status under Title II disability insurance.  This requires a sufficient work history to have accumulated the required "quarters of coverage." Medical Support.  Your claim should be supported by both objective medical...

Social Security offers a number of disability benefits.  I want to talk about 2 of the most common--typically applied for. SSDI - Title 2 Disability.  I refer to this as the run-of-the-mill, ordinary disability program at Social Security.  Title 2 is based on employment.  When you work you pay FICA tax which covers you for disability insurance once you have earned enough "quarters of coverage."  You do not have to be poor or have limited assets to qualify for Title 2 benefits. SSI or Supplemental Security Income.  This is a program for poverty level individuals with very limited assets and income.  No previous work is needed to qualify for SSI.  The monthly benefit is usually less than for Title 2 benefits.  In some cases, a person may receive both Title 2 and SSI. Both of these programs have the same basic requirement.  To qualify for either one, you must be disabled or blind or have a condition that is expected to end in death....

Many times, after you apply for Social Security disability, SSA will write you and ask you to report to a certain doctor for a consultative examination.  At this exam, paid for by Social Security, a doctor working under contract with the SSA, will perform an examination to determine the extent of your medical impairments. Many claimants wrongly assume that this doctor will find evidence of an impairment that will help win their case.  Not likely.  Unless you are paralyzed, confined to a wheelchair, require oxygen 24/7, or have some other catastrophic, obviously serious impairment, the consulting doctor will probably fail to find any disabling conditions. Here are some of the factors that I generally assign to explain the fallacy of consultative examinations by Social Security doctors.  I say in general because there are exceptions.   The doctor will probably spend 5 to 15 minutes with you.  He turns out patients like an assembly line....