Tough love and tough facts about applying for Social Security Disability benefits
Let me be the first to tell you that representing Social Security Disability clients can be tough. My heart goes out to all people who are in the position of having to apply for Social Security disability benefits. Unfortunately, some times I have to be in the unenviable position of having to give some ‘tough love’ or ‘tough facts’ about the Social Security disability process:
1) Just because you got it quick BEFORE doesn’t mean you’ll get it quick again!
Remember this phrase “CASE BY CASE basis”. I can’t tell you the number of times people who have received disability benefits before who keep relying on their previous experiences when they are reapplying for disability benefits. Just because you got it QUICK the last time, that’s no guarantee that it will happen quickly again.
2) Just because you GOT it BEFORE doesn’t mean you’ll get it again!
The regulations do NOT provide an automatic favorable outcome to you merely because you had received disability benefits in the past. That MEANS NOTHING! Especially if you worked after the period of time that you were receiving disability benefits.
3) Just because your FRIEND gets it, doesn’t mean YOU will!
I know you don’t want to hear this but the simple fact is that YOU haven’t seen every MRI your friend has, every doctors’ notes your friend has, every medical appointment your friend has, or every medication your friend has had to take. With that being said, you have absolutely NO WAY of knowing if your friend’s situation is EXACTLY the same as yours. So stop racking your brain trying to understand why THEY got it and you are still waiting.
4) YOU are NOT the doctor!
I can’t tell you how many times I’ve had people who have DECIDED what they feel is best for them DESPITE what their doctors tell them. I’ve seen people who have refused to go to a doctor their primary has referred them. I’ve seen people refuse to take medication. I’ve seen people refuse to come back to their doctors for follow ups. What these people realize is that every one of these scenarios HURTS your case! Remember, you have to prove that you are medically disabled. Unfortunately, refusing to do what the doctor tells you DOESN’T help!
5) You can’t have it BOTH WAYS!!
Let me break it down as simply as I can. You can’t complain about breathing problems yet still be smoking a pack of cigarettes a day. You can’t complain about your diabetes but you don’t take your insulin pills or shots. You can’t complain about being depressed but you still use illegal drugs and drink alcohol. These types of things DON’T go together in proving you’re disabled.
6) If you don’t go to the doctor, then there is nothing a representative can do
Here is the BOTTOM LINE SIMPLE FACT: YOU bare the burden of proving you are disabled. It’s not your Representative’s responsibility. It’s not Social Security’s Responsibility. It’s YOURS! I understand if you are in an area that doesn’t have medical treatment available. However, if you can go to a free clinic or get county health insurance BUT you DON’T AND you don’t go to the doctor, there’s not much else anyone can do.
7) In some parts of the Social Security Disability process, you HAVE to wait!
This part is the most painful part of the process with my clients. Unfortunately, when you are going through the initial development and/or the reconsideration development, you HAVE to wait for Social Security to get all of the information they need to determine your status. If you get to the hearing level, you HAVE to wait until it’s your turn for a hearing date. So many times, people don’t realize that there is really nothing that can be done except WAIT!
Everybody is in a critical situation!
Let’s face it. A lot of people are in eviction proceedings or foreclosure proceedings or bankruptcy proceedings. A lot of people can’t pay their bills. Alot of people are broke. Unfortunately, a great DEAL of these people are applying for Social Security disability. Social Security is in a tough spot because if you got 1000 people applying and 900 of them are screaming that they want their case expedited and each of them are in foreclosure or evictions or bankruptcy, WHO moves to the front of the line??? See the dilemma.
9) TERI cases are the rare cases that move to the front!
TERI stands for Terminally Ill. If you are terminally ill, your case is going to be processed QUICKLY. So I hate to tell you, if it’s a choice between working your case (and you just have a bad back) and a cancer case, your case will be moved back.
10) Blowing up Social Security’s phones does NOT help!
Let me tell you that you get NO WHERE when you call Social Security 100 times a day! For every time you call them about your case, this STOPS them from working on your case. Just let them work.
11) No representative or Social Security wants you to wait.
The simple fact is that anyone involved in this process WANTS you to get your determination quickly. No one wants you to have to wait a 2 months, 6 months or a year for a determination.
12) If you go to the doctor, do what the doctor says, do what Social Security says, stay clean, & wait, the process runs a smoother!
‘Nuff said!
As always, I am super sympathetic to the struggles of people who are trying to get disability benefits. However, you must realize that some things CAN be helped and some things CAN’T!
Why are you non-compliant?
In the midst of applying for Social Security benefits, alot of people spend a great deal of time going to doctors, taking tests, taking medications, and following their diets. Unfortunately, most people find themselves in a very unique position of not having very much money, very few resources and, alot of times, a very difficult time trying to maintain a way of life.
When you are applying for disability benefits, despite all of these problems you may have, you still bear the burden of proving that you are disabled. Unfortunately, alot of people tend to be their own worst enemy. Here are some things you may want to think about when you say that you can’t afford your medication or you have reasons for not doing what the doctor told you:
1) I can’t afford to buy my medications but I smoke cigarettes! Now, you gotta follow me on this logic. You have been given a prescription for medication. However, you say that you can’t afford your medication. Then you say you smoke a pack of cigarettes per day or per week. Now, think about what I just said. You got money for cigarettes but you don’t have money for your medication. hmmmmmm! Now, don’t start tap dancing now and say “Well, my friends get them for me or my family will get them”. And again, I say, you will get your friends and family to buy cigarettes for you but not your medication.
2) The lovely S.O.A.P. acronymn and LET’s focus on the S! Ladies and gentlemen, this acronymn is commonly utilized by doctors when treating their patients. The letter “S” stands for symptoms or subjective comments. In other words, this letter is what YOU say is wrong with you. The letter “O” stands for objective as in objective medical evidence. This letter usually refers to test results, labs, x-rays or any other evidences used. The letter “A” is the doctor’s analysis and assessment. The letter “P” is for plan. This letter describes what the doctor intends to do to correct the situation. The reason I focus on “S” is this is usually the part that catches a lot of people off guard. During the course of the time you are getting treatment, you may go to the doctors a lot of times. However, you may not remember specifically remember everything you say. I can’t tell you the number of times people trip up and don’t remember the little things that happen to them in the past. For instance, a judge may ask you if you’ve had a drink in a year (even though you’re not supposed to) and you say NO. Then, if you look in the records, you were admitted to the ER due to cramps after drinking alcohol. OOOPS!! Now, you are sitting there looking crazy!
3) The doctor can’t read your mind: FOOD. How many of you have been placed on a diet that you can not afford?? However, when you go in front of your doctor, you don’t tell him or her that you can’t afford the diet. The doctor asks you if you are following your diet and you just ‘no’. Guess what? That’s called “NON compliance”. If you don’t tell your doctor why you can’t eat the foods that he or she is telling you that you should eat, how are they going know??
4) The doctor can’t read your mind: MEDICATION. Recognize, the doctors put a lot of information in their treating notes. This information is crucial towards following your treatment. How many times have you taken medication that just DIDN’T make you feel any better? So what did you do? You stopped!! Of course, what happens! Instead of notifying the doctor WHEN you were having problems, you go 2 or 3 months until the next visit and THEN, you say something. WRONG! Remember, the doctor doesn’t know it doesn’t work if you don’t tell him or her.
5) The doctor can’t read your mind: EXERCISE. Sometimes, doctors don’t talk to each other. I am not saying that they don’t get along. It’s just that if you’re going to see your primary doctor for diabetes and your orthopaedic doctor for pain issues, they may not talk with each other. More importantly, if you haven’t told your doctors about the other doctors, how can ensure that your doctors are aware of your problems? Think about it. If your primary doctor is telling you to exercise to lose weight but your orthopedist is telling you to stay off your feet, what are you going to do now???
I know it is not easy to follow the treatment regiment of your doctors when you have low income and not a lot of resources. However, it’s important to understand that you play a crucial role in the disability process and so you have to take every step to make sure you do what your doctors say.
