DISABILITY BENEFIT RECOVERY

Recent changes in federal regulations now require representatives to submit all evidence, regardless of whether it helps or hurts the claimant's disability case.  The purpose of this change is to prevent representatives from cherry picking evidence to submit only that which is deemed helpful to the claimant's case. If a representative asks the claimant's doctor to provide a functional capacity evaluation or medical source statement, that document must be submitted to Social Security decision makers, even if it demonstrates that the claimant is not disabled. Generally, we believe that this is a fair rule.  It should not be an unreasonable burden for representatives and it should not place any further hindrance on the claims of claimants who have legitimate disabilities.  If the new regulation strengthens the integrity of the Social Security disability process, then everyone wins. Answers to Social Security Disability Questions

Getting approved for Social Security disability benefits is about proving limitations in the ability to function--both around the house and in workplace environments. The maximum activity that you can perform is called your "residual function capacity" or RFC.  Upon this RFC Social Security will determine whether or not you can work.  That will also determine whether you are eligible for disability payments. A residual function capacity will take into account, for example, the following:   how long you can stand/walk during an 8 hour day how long you can sit during an 8 hour day the heaviest weight you can lift and carry occasionally or frequently ability to push and pull with the upper extremities your ability to bend, kneel, crouch, crawl, climb, reach, etc. how long you can concentrate or stay focused  whether you can persist for 8 hours a day and 40 hours a week How is the residual function capacity developed?  The answer is, in one of two way...

The attorney who represents you for Social Security benefits cannot charge you a fee unless your case is favorably decided and results in past due benefits.  Also, the government will set the maximum fee that is allowed. Each fee must be approved by Social Security individually.  It is against the law to charge more fee than Social Security approves.  The attorney often waits 18 to 24 months to get paid.  Now, let's try this same arrangement on your medical doctor. Doc, I will pay you a fee - but only if I completely recover.  If your treatment doesn't totally cure me, I owe you nothing.  The maximum fee you can charge to treat me has been set by law.  A group of attorneys will review and approve your fee to be sure you don't charge me too much. You have to fill out several pages of complicated forms to get your fee approved. You won't get paid by most of your patients.  However, you will eventually collect some fee from about 40 percent of all...

Claimants for Social Security disability may be among the most scrutinized, most reviewed persons on Planet Earth. I recently came across a blog by an uninformed blogger who said that Social Security needs to find a way to screen out persons who are not eligible to receive disability benefits.  What? Here are the usual screening steps the typical claimant goes through on his or her way to getting federal disability benefits. an application comprised of about 30 pages of information and questionnaires review of all medical records by a state disability examiner (who denies 75% of claims) frequently an examination by a doctor chosen by Social Security review of the entire medical file by a Social Security staff doctor a hearing before a US administrative law judge (who may order more exams) often, testimony from a medical expert (doctor) called by Social Security evidence from a vocational expert about how impairments affect ability to work applying complex Listings, Med...

Although Social Security is trying to use computer technology to increase efficiency, they have a ways to go.  One example comes from one of our clients.  She called the local Social Security field office to sign up for direct deposit.  The field office told her that she is not eligible to receive any payments, so there's no need for direct deposit.  Actually, the claimant had received a fully favorable hearing decision about 3 weeks ago. The problem is that ODAR, the hearing office, operates on a totally different computer system than the Social Security field office. Therefore, one can't see what the other is doing.  The field office doesn't know that you've been awarded benefits at a hearing until the hearing office sends the file to the field office.  So, in cases involving appeal, the Social Security office is the last one to find out that you have been awarded benefits. In Title II cases, this usually does not hold up payment to the claimant....

At Social Security hearings, the judge must determine whether there are any jobs available in the US economy that the claimant might be able to perform.  To make this determination the judge will obtain testimony from a "vocational expert" who is present. The other day, when we came down to step 5, the judge asked the vocational expert for a list of jobs that my client might be able to perform.  I thought I had heard all the unlikely jobs, like silverware wrapper, worm catcher and egg breaker.  But on this day, the expert jolted me with a job I'd never heard of before.  My client could be a sack repairer, the expert said. Sure enough, looking at the Dictionary of Occupational Titles (DOT) , the job exists--or at least it once existed.  The DOT Code is 782.687-046.  Alternate job titles are bag patcher and sack mender.  It's listed as a sedentary job with an Specific Vocational Preparation (SVP) of 2, making it unskilled work.  The ...