Don't Wreck Your Social Security Claim

Don't Wreck Your Social Security Claim
Consumer Guide 501.798.0004

Thursday, November 25, 2010

Social Security - Disabling Conditions 501.798.0004

Disabling Conditions
www.ssa.gov.
The listing of impairments (found at: www.socialsecurity.gov/disability/professionals/bluebook/AdultListings.htm) describes impairments that are considered severe enough to prevent anyone from engaging in gainful employment. This listing is broken down into major body systems and are as follows:
1.00 Musculoskeletal System
2.00 Special Senses and Speech
3.00 Respiratory System
4.00 Cardiovascular System
5.00 Digestive System
6.00 Genitourinary Disorders
7.00 Hematological Disorders
8.00 Skin Disorders
9.00 Endocrine System
10.00 Impairments that Affect Multiple Body Systems
11.00 Neurological
12.00 Mental Disorders
13.00 Malignant Neoplastic Diseases
14.00 Immune System
A favorable decision would require your medical condition meet one or more of these disabling conditions. This medical condition should be documented in your medical records with the diagnostic tests to prove this condition exists.

Social Security Lawyer

Law Offices of Lisa Douglas
2300 Main
North Little Rock, AR 72114
501.798.0004

Social Security - Disability Defined 501.798.0004

Disability Defined

To qualify for Social Security Disability, you must meet a strict criteria. Part of Social Security’s definition of disability is the inability to work any job. That means that if you are a roofer and can no longer perform this strenuous job due to back problems, but you can sit and perform a less strenuous job like assembling watches on an assembly line, then you are not disabled under Social Security Administration’s guidelines. Even working part time shows that you have the ability to work.
In addition the disability must be expected to last for 12 continuous months or be expected to end in death.
Further the condition must be a "medically determinable impairment." You cannot be determined to be disabled just because you say you are disabled. You have to have medical documentation to prove your disability. Your doctor must back up his/her medical diagnosis of your impairment with medical history, diagnostic tests and laboratory results. (Get my book Documenting Disability for Health Care Provider’s )
To summarize, in order to be found disabled for purposes of the social security administration your condition must be:
1. A medically determinable impairment.
2. Functionally limiting so that all work is precluded.
3 Expected to last for 12 continuous months or be expected to end in death.

Don’t let the Social Security Administration’s definition of disability deter you from applying if you are unable to work. If you are denied, they are required to provide you with a written explanation and then you can decide whether or not to appeal their decision.

Social Security Lawyer

Law Offices of Lisa Douglas
2300 Main
North Little Rock, AR 72114
501.798.0004

Social Security - Determining Disability 501.798.0004

Determination of Disability
Your medical records are the heart of your case. They will request your medical records from the providers you listed on your application. That is why it is important to provide a complete list of your medical care providers. If you have been seen by additional health care providers or your illness has worsened, make sure you provide this new information. These records will help paint the picture of your current health status and therefore your capacity for work
The more medical documentation you have, the easier it will be to support your proof of disability.

Your medical records are the most important evidence in your file. If your medical records are insufficient, you may be required to see a medical doctor for a medical examination. This is provided for by the Social Security Administration, at no cost to you.

Social Security Lawyer

Law Offices of Lisa Douglas
2300 Main
North Little Rock, AR 72114
501.798.0004

Social Security - The Application 501.798.0004

The Application

The first step is the application process. You can submit your application by mail, phone or online If you complete your application by mail or online, you should always fill out the application completely. It is the claimants responsibility to make sure the application is accurate and completely filled out. Be sure to answer every question on the application. If you do not understand the question, call your local Social Security Office and ask for help.
Be sure you list every one of your illness, whether or not you think it contributes to your inability to work. There may be instances where the symptoms of different illnesses may collectively contribute to an inability to work, that perhaps you were unaware of.

List every one of your treating physicians (including mental health care providers), clinics or hospitals. This will provide a progressive view of your illnesses. If there is not enough room on the application to list these, attach an additional sheet.
In the work section give complete answers to the questions. This section refers to what you used to do, not what you are able to do now.

Be sure and make copies of everything you send to the Social Security Disability Administration. If you move or your phone number changes, make sure you have provided this new information to the Social Security Administration.

Social Security Lawyer

Law Offices of Lisa Douglas
2300 Main
North Little Rock, AR 72114
501.798.0004

Social Security 501.798.0004

Do I Need An Attorney?

You do not have to retain an attorney. Legal representation is not required for any portion of the Social Security Disability application process or the appeal to the administrative law judge. However, retaining an attorney at the beginning of your claims process could increase your chances of prevailing at the beginning of the process.
 

The attorney only receives a fee if they win your case. So they are paid only after they win your case. This fee is paid out of your potential backpay. An attorney can only receive 25% of your back after they have won your case.

Social Security Disability Lawyer


Law Offices of Lisa Douglas
2300 Main
North Little Rock, AR 72114
501.798.0004
How Do I Afford An Attorney?

Social Security 501.798.0004

The 5 step (posted previously) checklist helps to  determine your potential eligibility for Social Security Disability benefits. If you are not working, then you proceed to step two to determine if your condition interferes with work related activities. If it does not then you are not considered disabled. So overall, you must pass the first two criteria before your claim will be considered.
Social Security Lawyer

Law Offices of Lisa Douglas
2300 Main
North Little Rock, AR 72114
501.798.0004
If you are not gainfully employed and your condition does interfere with work then you proceed to step three. Under step three if your condition is found in their list of medical conditions then you are automatically deemed disabled. If your condition is not found on their list of medical conditions then you proceed to step four.
Here at step four, they must determine if your medical condition interferes with your ability to perform the work you previously did. If it does then you proceed to step five. If you cannot perform your previous job, is there any other job you can perform? Here they consider your age, education, work experience, and any skills you may have. If you cannot adjust to other work, your claim will be approved. However, if you can adjust to other work, your claim will be denied.

Remember if your job is becoming more and more difficult to perform, due to the disability, this is irrelevant.
In summary there are two ways to be found disabled under this Social Security Administration checklist: (1) A finding that the claimant’s impairment meets an impairment described in their listing of impairments; or (2) A combination of the medical and vocational issues qualifies the claimant for disability.

Disability Determination 501.798.0004

Determination of DisabilityThe Social Security Administration has developed a five step test to determine if you are disabled according to their definition. When a claim is initially filed, it will go through this five step evaluation process:
The 5 questions to consider in determining whether or not you are disabled according to the strict definition as set out by the Social Security Administration are as follows:

1. Are you gainfully employed? Gainfully employed means you make more than $940.00 per month or more.
2.   Is your condition severe? (The condition can be mental or physical or both, either way it interferes with your basic activities at work)
3. Is your condition found in their list of disabling conditions? (You can find these online through the SSA website at:
www.socialsecurity.gov/disability/professionals/bluebook/AdultListings.htm
4.  Can you do the work you previously did?
5. Can you do any other type of work?

Social Security Disability Lawyer

Law Offices of Lisa Douglas
2300 Main
North Little Rock, AR 72114
501.798.0004

Sunday, November 21, 2010

Social Security Disability 501.798.0004

This report provides information about the prevalence of mental disorders and use of mental health services for youth aged 12 to 17 and adults aged 18 or older.  It also looks at mental health, suicidal thoughts and behavior and the co-occurrence of mental illness and substance use. One of the report's findings is that among the 45.1 million adults aged 18 or older with any mental illness in the past year, 19.7 percent (8.9 million adults) had substance dependence or abuse, compared with 6.5 percent (11.9 million adults) among those who did not have mental illness in the past year.

  For more information visit this link: 
http://links.govdelivery.com/track?type=click&enid=bWFpbGluZ2lkPTEwODkzNjYmbWVzc2FnZWlkPVBSRC1CVUwtMTA4OTM2NiZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTEyNzY2NzYwMTgmZW1haWxpZD1saXNhZ2RvdWdsYXNAYW9sLmNvbSZ1c2VyaWQ9bGlzYWdkb3VnbGFzQGFvbC5jb20mZmw9JmV4dHJhPU11bHRpdmFyaWF0ZUlkPSYmJg==&&&100&&&http://www.disability.gov/health/research_%26_statistics

Social Security Lawyer