Medical documentation is one key to winning a SSDI claim
Most disabled people will learn that hard way how long it can take to begin collecting Social Security Disability benefits.
Applying for SSDI is a lengthy process and most claims are initially denied.
Paul Proto, who has been representing Social Security Disability claimants for more than 30 years, offers an insider's view into what it takes to get a Social Security Disability benefits claim approved.
Claims for Social Security disability benefits succeed, for the most part, on the state of the medical documentation contained in the claim file. There should be a clearly stated list of diagnoses provided by the treating physicians that interfere with full-time work activity. The record should contain medical test results that support the diagnoses. Social Security regulations refer to these as “medically acceptable objective, clinical and laboratory findings”. A person alleging back pain should be able to provide x-ray evidence of some level of disc degeneration. Someone suffering from rheumatoid arthritis can have blood studies consistent with that diagnosis. This might include positive ANA or “antinuclear antibodies”. Heart conditions that cause chest pain may demonstrate lack of oxygen to the heart (ischemia) through stress treadmill tests or EKG’s.
Regardless of the diagnosis, there should be some supporting documentation of a condition that can reasonably result in a condition that can cause the reported symptoms. This combination of symptoms and medical documentation of a condition that can cause those symptoms is only part of the equation however.
We know from experience that this can be a confusing and disappointing process for most sick and disabled people. That's why it's important to have a qualified Social Security Disability attorney or representative on your side, advocating for you to ensure that you get the benefits you deserve.
Posted By Joel Davis In Social Security Disability | Permalink | 0 Comments |
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Waiting for Disability: One Step Away from Homelessness
Applying for Social Security Disability benefits is very much a waiting game.
Most applications are denied the first time, and it often takes several rounds of appeals before a disabled person can begin collecting benefits. It's not unusual for people to wait a year or two to be approved.
Imagine what would happen if you were sick or disabled for a year or two, unable to work, with no money coming in. How would you pay for medical treatment? How would you pay your rent or mortgage? How would you cover your bills?
How many people are just one paycheck away from homelessness?
Consider the story of Maggie Dato, a disabled California woman out of work, evicted from her home, denied Social Security Disability benefits, facing mounting medical bills and living out of a camping trailer that she is about to lose.
Unfortunately, more people from all walks of like can probably identify with Deto these days. Mass layoffs have left hundreds of thousands out of work, and many are struggling to pay their bills and provide for their families even if they're receiving unemployment benefits. If they're struggling, how can injured and disabled people who can't work and who aren't receiving any benefits make it?
Posted By Benjamin Burnside In Social Security Disability | Permalink | 0 Comments |
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Hiring More Judges Not Enough to End Social Security Disability Backlog
As part of its ongoing reporting on the horrendous backlogs facing people who apply for Social Security disability benefits, The Charlotte Observer writes:
"A Freedom of Information Act request, federal reports and interviews showed the Carolinas had about 48,500 pending disability cases, including about 8,700 in the Charlotte area. Waits at Charlotte's Disability and Adjudication and Hearing Office ranked among the worst -- 125 out of 141 offices in the nation.
The reason: Charlotte administrative law judges, on average, decided 375 cases in 2006. The Social Security Administration asks judges to make 500 to 600 decisions a year.
Though officials tried to remove reporters from the hearing office, the Observer spent more than 40 hours monitoring workers. At any given time, half of the six courtrooms were not in use.
Judges blamed the problems on staffing. The Social Security Administration has since announced it is hiring more judges to reduce delays. "
But hiring more judges isn't the solution for ending the Social Security disability backlog. As Paul M. Goodson, a colleague who practices in Charlotte, pointed out, the judges can't hear more cases unless the Social Security Administration also hires more staff to assist them.
The inefficiency runs through the entire Social Security system. The blame can't be laid solely at the feet of the judges.
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Disabled Veterans and Social Security Disability Benefits
A recent column from the Muskogee Phoenix newspaper clears up some confusion regarding an expedited process that lets disabled veterans apply for Social Security disability benefits.
Posted By Joel Davis In Social Security Disability | Permalink | 1 Comments |
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Lawmakers Taking Note of Social Security Disability Delays
Social Security Disability is a flawed system where far too often, honest, hard-working disabled workers are denied benefits as a matter of course.
Dan Neer, a 38-year-old North Dakota man who injured his back moving furniture learned this the hard way: It took him more than two years from his first application to get Social Security disability benefits.
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Social Security Disability Backlog Is Unexcusable
Mike Ervin, a disability rights activist with ADAPT, has written a compelling editorial about the Social Security Disability Backlog, which is forcing most disabled workers to wait for years for benefits.
"We must stop the inexcusable delay in getting Social Security benefits to people with disabilities.
Hundreds of thousands of people who have filed legitimate disability claims with the Social Security Administration have been forced to wait, on average, an astonishing 520 days for a hearing on their claims. Many have waited as long as three years, losing their homes in the process."
Amen. Read on for Ervin's thought-provoking article about the Social Security backlog.
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Hillary Clinton Weighs in On Social Security Backlog
New York Senator and Democratic presidential candidate Hillary Clinton weighed in on the Social Security Disability backlog, currently running at least two years , in response to a New York Times article on the topic this week.
"[Monday's] front-page New York Times story highlighting the human toll of the growing backlogs in our Social Security Disability Insurance system is a stark reminder that Congress and the President must act immediately to address this problem," Clinton said. "I have for several years been calling on this Administration to adequately fund the Social Security Administration to ensure that people with disabilities and retirees can access the benefits they deserve. "
Continue Reading Posted By Joel Davis In Social Security Backlog | Permalink | 0 Comments | | Share Link
Orphan asked for Social Security overpayment 30 years later
Sounds like the government needs to ask the Wizard of Oz for a heart.
An orphan who's now on a fixed income and disability is being asked to refund money paid to him 30 years ago by the Social Security Administration.
Jay Rovang, 50, got a letter from the Social Security Administration saying it wants to collect benefits it overpaid him totaling $662.
View the full, bizarre story about Rovang's Social Security Survivor benefits at the KETV Web site.
This story highlights an interesting, but perhaps little known fact: The Social Security Administration puts no time limit on collecting overpayments.
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Social Security Disability applicants upset over speedy medical exams
A classic case of the government using poorly administered Social Security medical disability exams to -- you guessed it -- reject claims is happening in Charlotte, North Carolina.
The Charlotte Observer newspaper interviewed more than 40 current and former Social Security Disability applicants across the region, and more than half described their visits to the doctor as hasty, inadequate or unusual.
"One applicant said a physician tried to persuade her to become a Seventh-day Adventist. Another said he suffered heart problems, but the doctor never bothered to check his heart."
This a particularly heart-wrenching story because for many people, applying for medical disability is the last step before bankruptcy and losing everything they have.
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Government red tape becomes less "sticky" for Social Security claims
Applying for Social Security Disability benefits just got a little bit easier. People can now apply directly online for benefits.
Remember, there are different forms to use depending on whether you're applying for yourself or for a family member.
It's nice to know our government is joining the modern age of the Internet! But I do wonder what this move will have on the horrendous backlog for approval of benefits. Only time will tell.
This article provide step-by-step instructions for applying for Social Security online.
Posted By Joel Davis In Social Security Disability | Permalink | 0 Comments |
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Study finds link between drug abuse and government aid payments
The Robert Wood Johnson Foundation has an interesting study that examines the link between monthly government aid payments, such as Supplemental Security Security Income and Social Security Disability, and drug use.
The findings are eye opening, but I fear that some politicians may use the study results to argue for ending such aid.
Continue Reading Posted By Joel Davis In Social Security Disability | Permalink | 0 Comments | | Share Link
Social Security Disability Backlog at a Record High
There's a misconception among many workers that winning Social Security Disability benefits is easy and quick.
The contrary is actually true.
Even if you're entitled to benefits, your claim is likely to be denied initially. And most people wait 18 months or longer before they begin collecting benefits, a backlog that can cause extreme financial stress.
Continue Reading Posted By Joel Davis In Social Security Backlog | Permalink | 0 Comments | | Share Link
Chronic Fatigue Sufferers Face Challenges in Fight for Social Security Disability Benefits
Those who suffer from chronic fatigue syndrome (CFS) or fibromyalgia have a difficult task ahead getting Social Security disability. Currently, it takes about three years for a ruling on benefits to go through the system and even that takes perseverance as the medical community still doesn’t have a way to scientifically quantify or diagnose the illness.
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Social Security Backlogs hurting lives
In addition to the outrageous delay in the processing of Social Security Disability appeals that claimants have to deal with, it seems as though the traditional deny and delay tactics of private insurance companies have crept into the Social Security Administration.
Check out the investigative reporting by WCNC, where the reporters have discovered that 7 out of 10 claims are denied by disability determination agents.
http://www.wcnc.com/news/local/stories/wcnc-043007-al-disability_insurance.2203eaa4.html
and the video http://www.wcnc.com/video/index.html?nvid=139951
Posted By Benjamin Burnside In News , Social Security Backlog | Permalink | 0 Comments | | Share Link
What is your injury worth?
Dr. Nortin Hadler, a professor of medicine and microbiology/immunology at the University of North Carolina at Chapel Hill, writes an interesting commentary at ABC News about how disability compensation is calculated.
He raises some tough questions, the most compelling of which is "What are you worth?"
The answer to that question is at the crux of most workers' compensation and Social Security disability claims.
Posted By Dan Deuterman In Social Security Disability , Workers Compensation Cases | Permalink | 0 Comments |
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Security backlogs are nothing new. Applicants need to plan ahead.
Recently numerous news publications such as Charlotte New Observer and Los Angeles Times, have been writing about cases backlogged in Social Security. This is a decade old problem that just seems to keep getting worse.
It is interesting to note that in July of 1996 a report was made at the request of the Ranking Minority Member in the Committee on Ways and Means "about the growth in the backlog of pending cases at SSA’s Office of Hearings and Appeals, agency initiatives to reduce it, and concerns associated with SSA’s efforts."
Continue Reading Posted By Joel Davis In Social Security Disability | Permalink | 1 Comments |
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Official Social Security Website
The federal governments website on Social Security also has a comprehensive section specifically for disability. http://www.ssa.gov/disability/
Posted By Grace Kanoy In Social Security Disability FAQ | Permalink | 1 Comments | | Share Link
DLG WC FAQ
For a list of frequently asked questions, check out the Deuterman Law Group's recently updated FAQ for WC and Social Security Disability.
http://www.deutermanlaw.com/faqs/
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