DISABILITY BENEFIT RECOVERY

When Social Security feels it doesn't have enough medical evidence to make an award (approval), they will ask the claimant to appear for a consultative exam.  This could be a physical exam with a regular MD, or a psychiatric exam, most likely with a licensed clinical psychologist. First, it is highly unlikely that this exam will help your case.  The doctor, who is paid by Social Security, will spend a few minutes with you, answer some questions on a form, then send you on your way.  These doctors tend to tell Social Security what they want to hear:  that there is nothing seriously wrong with you and that you have no severe limitations that prevent you from working. Here are some practical tips if you are ordered to attend a consultative examination by Social Security: 1)  By all means do attend and be on time.  Failure to attend may be grounds for denial of your claim. 2)  Take all the medications with you to the appointment. 3)  Write dow...

A Social Security Disability Advocate Performs Valuable Work That Often Goes Unseen. In helping his claimant win Social Security disability benefits, an advocate will perform much work that is not seen by the claimant.  Yet, this work is vital to a successful outcome. Finding, preparing and evaluating medical records/evidence. Arranging for any medical examinations that are needed. Making sure that the legal theory of the case is compatible with Social Security disability regulations. Defending the "alleged onset date" to protect back pay. Filing supporting documents such as briefs, explanations, defenses, etc. Preparing the vocational aspect of the case. Preparing the claimant to appear at the hearing. Filing post-hearing briefs or evidence as required You might compare the 45 minutes of a disability hearing to a student taking a test.  The test may only last 45 minutes.  However, the results will likely rest upon how much time the student spent in pre...

In a Social Security disability hearing, the claimant will have to answer dozens of questions about his activities, his symptoms and his habits.  Some answers are "Yes," some are "No," and some are "Yes, but...."   The "Yes, but...." answer allows the claimant to explain his answer with a little detail.  It is not a deceitful or dishonest answer.  Quite the contrary, it is a full, complete and accurate answer to the question. Here are few examples of where the "Yes, but...." answer might be appropriate. Can you drive an automobile?  Yes, but I don't drive frequently or take long trips.  I only drive a few minutes at a time and there are days when I just don't feel like driving at all. Can you walk around the block?  Yes, but I will need to stop and rest once or twice on the way.  Also, I probably will walk much slower than most people because of hip pain.  (I am making up these answers but assume they would represent t...

What Are Some of the Biggest Hangups judges have when it comes to hearing a Social Security case?  You might be surprised. Receiving Unemployment Benefits During the Period of Alleged Disability.   Most judges do not want to find a claimant has been getting unemployment benefits during the period in which he/she claims to have been disabled.  First, unemployment benefits are for individuals who are able to work.  So, judges often see claimants who file for disability and unemployment at the same time as dishonest.  (Did you lie to the unemployment agency or did you lie to Social Security)?  Second, many judges see collecting both benefits for the same time period as "double dipping." Receiving substantial income from an employer after the alleged onset of disability date. This can often be explained as sick leave pay, disability insurance payments or similar legitimate payments, which are not a problem.  But if wages have continued to be paid aft...