DISABILITY BENEFIT RECOVERY

Unfortunately, disabled veterans sometimes get wrong information, even from Social Security. Sometimes, we have known of disabled veterans being told, in effect, that they cannot apply for disability benefits because they are still receiving military pay, or "still working."  However, the Wounded Warrior program permits disabled vets to apply for disability when they are receiving active duty pay if they are on medical leave, performing restricted duties or under therapy in a military treatment facility. Social Security's website states the following: Active duty status and receipt of military pay does not, in itself, necessarily prevent payment of Social Security disability benefits.  Receipt of military payments should never stop you from applying for disability benefits from Social Security. If you are receiving treatment at a military medical facility and working in a designated therapy program, or on limited duty, the government will evaluate your work ...

Here are some facts that will definitely NOT help you at your Social Security disability hearing. 1.  You quit work because you didn't have a car or dependable transportation.  2.  You quit work to care for a child or sick family member. 3.  You got laid off or the plant you worked for closed down.  (Or you quit for ANY reason other than a physical or mental inability to perform the work , which is the only thing Social Security is going to pay for). 4.  You had legal problems or got arrested / incarc erated. 5.  You have drug or alcohol problems in your recent past. 6.  You worked after your alleged onset date but the work was "under the table" and not reported for tax purposes. 7. You received unemployment benefits after your alleged onset date (indicating that you told the State labor bureau that you were able to work and available for work). 8.  You are making no attempt to follow your doct or's prescribed treatment, in c...

Social Security disability was set up under the Social Security Act to provide income for workers who became disabled before reaching retirement age.  The program, for the most part, doesn't work.  There are too many obstacles placed in the way.  Here are a few of them.   Obstacle:  The Application for Benefits.  A typical Social Security benefit application package contains at least 38 pages of forms, questionnaires and documents.  Many people simply cannot complete all these forms in a way that allows benefits to be paid.  Social Security will use some of these forms, such as the Function Report, to deny claims. Obstacle:  The Consultative Examination.  In some cases, Social Security will order you to attend a "consultative examination" with the doctor of their choice.  This doctor typically spends about 15 minutes with you and performs no lab tests, X-rays or other diagnostic procedures.  In 90 percent of ca...

You will see a great deal of discussion about "credibility" in regards to Social Security disability applications and appeals, especially hearings. Credibility basically just means that the claimant's statements, claims and testimony are reasonable and believable.   Credibility should also be viewed this way:  The allegations or testimony made by the claimant should match up reasonably with the objective medical evidence. For example, if a claimant testifies that he can walk no more than 100 feet because of severe back and knee pain, but recent MRIs show no problems with the spine or knee joints, this may cause a decision maker to doubt the credibility of the allegations.  The claimant may simply come across as exaggerating the severity of his symptoms. Up until March 2016, it was up to the administrative law judge to determine whether the claimant's testimony about symptoms was credible.  However, Social Security Ruling 16-03p now instructs judges not to ev...

You will be asked a long series of questions by the Administrative Law Judge at  your hearing: Be respectful at all times.  Don't argue. If you don't understand a question, ask that it be repeated or clarified before answering. Explain your symptoms and how they affect your daily functioning. Don't lie, misrepresent or exaggerate anything.... anything . Be as specific as possible.  Avoid "occasionally, not very far, a little while," in favor of answers like "about 30 minutes, once or twice a week," or "less than 50 yards." Give more than "yes" or "no" answers when needed. You will be asked about your ability to perform activities of daily living:  driving, cleaning, cooking, bathing, dressing, social activities, caring for your child, etc.  If you can do some of these activities but struggle with them, explain your struggle.  For example, "I do try to clean my house but I can only work about an hour, then I nee...

Here are some things I say to my clients who are trying to get Social Security disability: Social Security disability is a last resort.  Avoid it if you can.  If you can't, be prepared to fight for it. You will be examined, questioned, poked, prodded, cross examined and scrutinized as never before in your life, probably. It usually takes a long time to get benefits (months or years; not a quick process). I can help you but I cannot put a rush into the Social Security system. Social Security is a dinosaur with a fire under its tail.  It usually cannot move quickly. Be absolutely honest with yourself, your representative and the system.  It will save us all a lot of grief. Unless you have a terminal illness, no one can guarantee that you will be awarded Social Security disability benefits.  Each case is different.