SOCIAL SECURITY DISABILITY UPDATES

With the media bombarding Social Security with negative attention and Congress facing tough budget battles, the Congressional Budget Office released a report on July 16 at the request of Sen. Jeff Sessions (R-AL).  Among the other benign observations made by the CBO, there is a list of options for Congress to consider regarding the Social Security Disability Insurance (SSDI) program.  Three of the several options listed in the report are: Change the benefit formula Change the eligibility rules Change the waiting period from 5 months to 12 months. Currently when an individual applies for Social Security disability there is a better than 70 percent chance the application will be denied by the Disability Determination Service.  The average appeal of that decision in Alabama takes about 14 months.  Even if the claimant is found disabled, current law requires Social Security to subtract 5 months (called a "waiting period") off of the award.  So, if a seriously ...

I just returned from a Social Security disability hearing.  The medical records were excellent.  They were neatly typewritten from the doctor's transcription, so they were easily to read.  They were complete, thorough, very detailed.  They were actually the kind of medical records most disability advocates only dream about.  Rarely do we get such good and complete records from doctors. The hearing judge had obviously looked over the file before the hearing began.  He asked the claimant a few questions, then allowed me to question the claimant without interruption for about 20 minutes.  I used that time to make the evidence of record personal to the individual I was representing.  The claimant's testimony was convincing and consistent with what the medical records said. The problem came, as it usually does, with the vocational expert.  When the judge asked the VE if there was any work that the claimant could perform, the VE found examples ...

Routine medical records are frequently insufficient to win a Social Security disability case!  The main fault I find with doctors' records is that they do not address vocational limitations or issues that restrict a claimant's ability to function in the work place.  And those kind of medical records will often not win a disability case. When Social Security requests medical records, your doctor is going to send them copies of your chart.  That will include dates the doctor saw you, your chief complaints, medicine prescribed, tests ordered, and test results.  Here is an illustration of a typical doctor's entry for an office visit (and this would be considered a pretty complete notation): "Patient presents on 1/1/12 complaining of low back pain radiating into R leg.  Says Tramadol 50 is not helping. Sleep is poor. On exam, LL area is sensitive to touch.  We may consider MRI if not improved next visit.  RX:  hydrocodone ----- mg., q. 6 hrs., PRN...

To prevail in a Social Security disability hearing you must show that you are not working, have a serious mental OR physical impairment and meet the following crucial tests.   One crucial step is showing that you cannot perform any of your past relevant work. Social Security considers work performed at substantial gainful activity level during the past fifteen years to be relevant.  Once you pass the hurdle of not being able to perform past work, it is very important to show that you have no skills that will transfer to other work. A second crucial step is to demonstrate that you cannot perform "any other work" which is available in the national, regional or local economy.  This is best shown by having a well defined list of functional limitations from medical source providers.  This evidence would show your physical limitations in such areas as lifting, carrying, walking, sitting, standing, bending, reaching, squatting, etc.  If you have emotional or mental...

The process of getting a favorable decision on your Social Security disability claim has probably left mixed emotions in its wake.  On the  one hand you are excited and relieved to finally have the judge's decision; on the other, you are tired and stressed by the long ordeal.  And even with a favorable decision, it isn't over until the check for back payments arrive. I have several clients who have been awarded back payments covering 18 to 24 months--which is quite a large sum of money.  How long does it take to get the money?  The answer is, usually 60 to 90 days after the decision.  I have seen money actually deposited in as little as 30 days, and I've seen it take 120 days.  But 60 days is probably closer to the average.  That's 60 days AFTER the judge's written decision comes in the mail. In a successful Title 2 (disability) claim, there are usually two types of payments:  your regular monthly benefit which will arrive each month at a...