A reflection on Tragedy: Hurricane Katrina and Social Security Disability
With the devastation surrounding the earthquakes in Haiti, Chile, and now Taiwan, these disasters started to remind me of the devastation that occurred in New Orleans as a result of Hurricane Katrina.
I don’t think some people truly appreciate how certain services can be fundamentally SHUT down when hit with a natural disaster. Of course, we know that power, lights, water, police services, bus services, blah, blah, blah, will shut down. But you don’t really appreciate how devastating a situation can be until you see spill outside of those communities into your own.
When Katrina occurred, there were ALOT of Louisianans who migrated to Florida. I had the opportunity to represent a few of those individuals. Now, I know you’ve heard me scream a THOUSAND times about how YOU bare the responsibility of proving that you are disabled. I have stressed that you need to get your medical records and YOU have to demonstrate that you are disabled through medical evidence.
Well, how would you feel if you couldn’t prove it because ALL of your medical records were destroyed? I am mean, that’s what I was faced with when I was representing some of the survivors. I ran into all kinds of problems. I had some places where the buildings were destroyed. Some places, they would not release ANYTHING until they could a detail inventory. It was crazy. I mean if you have a condition like the young lady named Prudence who won an Oscar yesterday (Prudence Mabhena is 21 yr old and she is from Zimbabwe. She is suffering from arthrogryposis, a condition that deforms joints and cost her both her legs. ), your condition may be self evident. But imagine trying to prove you’re disabled due a bad back and you don’t have your MRIs or diabetes and all of your lab work is gone.
But wait. What if you couldn’t prove who you are?? I had a few people who had their drivers license and SS card but sometimes, SSA requires your birth certificate. Well, that building was GONE!!
Now, I gotta take the time to give a shout out to the Social Security Administration. Their offices were obliterated and their workers were literally providing services in other states. I mean, they were working at other offices and STILL processing claims. It was crazy.
Part of the reason I’m reflecting on this situation is because we have literally seen 3 major disasters occur in the last few weeks. It is so easy to underestimate how much pressure it puts on a country to have to rush and provide stability to an environment when these things happen. Sometimes, the effects can have a much longer consequence than we give credit.
Be thankful.
Never understand what is happening in the mind: Mental Health conditions and Social Security Disability
Mental Health conditions are some of the most devastating conditions that can afflict a human beings. Most of the time when we hear about them, they usually are in relations to two circumstances:
1) Somebody popular
Chynna Phillips of the pop group Wilson Phillips checked herself into rehab for anxiety over the weekend, her manager, Lizzie Grubman, tells PEOPLE exclusively.
2) Something traumatic
Thursday, Joseph Andrew Stack flew a small airplane intentionally into an IRS building. The IRS had 199 people who worked there. Joe Stack set his house on fire, left what is being considered a suicide note, and then flew his Piper Cherokee PA-28 into the Austin, Texas IRS building.
The brain is always going to be considered a mysterious organ. Of all parts of the body, this part is the one that continues to baffle the medical community. So it should come to know surprise that it can be difficult to ascertain the severity of a mental health conditions.
The mental health community relies heavily on a variety of different diagnostic testing, personal history, and mental status examinations to try to get a picture of how severe the mental health condition may be. It’s tough but the information these providers obtain is valuable and necessary if you are attempting to obtain medical benefits.
Regularly, I get asked by my clients what types of things does Social Security look for when trying to determine the severity of the medical condition. Here’s a few things you should consider:
1) The type of doctor tells alot.
I hate to tell you but SSA tends to give a bit more deference to a Psychiatrist or a Psychologist who is treating your mental health condition. There is nothing wrong with your family doctor but a specialist (Psychiatrist or a psychologist) tends to get greater favor. Now, before you ask, there is nothing wrong with going to a Mental Health counselor. However, it is helpful if the counselor is working with you in conjunction with a psychiatrist as part of a mental health plan.
2) The type of medicine you take says alot
Some medications give a clear indication of the significance of your mental health condition. There’s nothing wrong with Paxil or Zoloft. However, Risperdal and Geodon gives an indication of a much more serious mental health condition.
3) The BIG 4 things you need to know (Concentration, Memory, Crowds, Stress)
These are normal questions that are asked that you should give some thought to HOW you are going to respond. How is your concentration? Do you forget things? If you do, what do you do if you need to remember things? How are you around crowds? How many people is TOO many people?
4) Other THINGS MATTER
You have to remember that how you function in your day to day life matters. If you say that you can’t be around more than one person att a time but you go to church every other day (where you would expect to be MORE than one person), your response may be viewed as suspect.
5) Involuntary Admission
In Florida, the term “BAKER ACT” refers to an Act that permits for the involuntary admission of an individual into immediate psychiatric care for a short period of time. Every state calls it by a different name but this usually refers to a situation where a person expresses an intent to harm him or herself or someone else. These admissions may indicate the presence of something more severe.
6) STAY AWAY from the DRUGS (ILLEGAL DRUGS)
Let me blunt. Mental Health and Illegal drugs don’t mix. And when you’re applying for disability, you force SSA to try and figure out WHAT came first (the drugs or your mental health condition) and more important, do you get better if you’re NOT using drugs.
Like I said in the beginning, mental health disorders are tough and millions of people affected by these disorders are able to live productive and functioning lives. However, it’s important to realize that if you’re alleging that you are disabled due to your condition, you must understand that the few things I mentioned above may have a lasting impact on your ability to obtain disability benefits.
The hardest part about proving you’re disabled is relying on the medical treatment you are STUCK with
Today, a report was issued regarding the healthiest counties out 3000 counties nationwide.
Overall, the report found least healthy counties have childhood poverty rates more than three times higher than the healthiest counties. Residents of the least healthy counties are 60 percent more likely to be hospitalized for preventable conditions, a sign of poor primary care. A third of zip codes in the least healthy counties have at least one grocery store, compared to almost half of zip codes in the healthiest counties.
http://www.countyhealthrankings.org/
Of course, this information is probably not going to be broadcast on twitter, facebook or myspace. And with the winter olympics and the BACHELOR going on, few will truly appreciate the impact of this report.
What does this report tell you? Quite simply, as stated in one article, “Looking at each state’s best and worst further illuminates a well-known trend: The least healthy counties tend to be poor and rural, and the healthiest ones tend to be urban or suburban and upper-income. ” http://www.chicagotribune.com/health/chi-ap-us-med-countyhealth,0,2482605.story
Unfortunately, this doesn’t help the millions of people who are applying for Social Security Disability benefits. Why am I stressing this point? Quite simply this. The person bears the burden of proving they are disabled. The government doesn’t have to prove a thing. However, this presents a unique situation when you are sick, you aren’t working and you ‘DON’T HAVE INSURANCE’. So what do you do when you have those things striking against you? Well, you can either go to the free clinic, go to the Emergency Room, or get on the county health insurance.
Here’s how it gets tricky but you gotta try:
1) Ask about free clinics
You gotta ask your health care provider, the ER, social worker, county services, or non profits about free medical clinics. I always tell people that free medical treatment is better than NO medical treatment.
2) Find out if you qualify for county health insurance
Every county is different so you want to check to see if you qualify for any type of medical insurance that the county may offer. You don’t know unless you try. AND, if it’s available in your county but you haven’t tried to get it, it may count against you.
3) if you have a “SHARE OF COST”, make sure you understand what it means
A ‘SHARE OF COST’ basically means that you are responsible for a certain amount and anything above that, the government will pay. However, it gets funky because some people don’t understand how that works so you want to make sure you get a complete explanation so you can get treatment.
4) Go to the ER if your condition gets worse.
The Emergency Rooms are flooded every day. Unfortunately for some people, the only primary treatment they can get IS the ER. Don’t be afraid to go to the ER. At least you can get something if you HAVE to get treated.
5) Make SURE you tell SSA that you’ve done ALL of these things
I can’t tell you how many times I’ve had people who literally didn’t do anything. They didn’t go to the county. They didn’t go to the ER. They didn’t go to the free health clinic. AND YET THEY STILL say they can’t get any medical treatment. You gotta try in order to show SSA you made the effort.
I know that is difficult but you have to make the best of what you have available because in the long run, only YOU can prove that you are disabled.
Please don’t OVERTHINK those Social Security Disability forms!!
Like most administrative processes, Social Security Disability is VERY paper work heavy. After you have applied for disability benefits, you will receive a CRAP load of forms to complete. Work history forms, pain forms, mental forms, 3d party forms. If it relates to your condition, you will get a form about it.
However, I can’t tell you how many times people get these forms and LITERALLY lose their minds. Now, I’m not trying to be ’stank’ but these forms tends to frustrate people when they receive them.
In an attempt to calm your mind, here’s a few things to think about when you get these forms:
1) If you ADD stuff that you didn’t you didn’t previously mention, SSA will have to investigate
People always feel the need to “throw in the kitchen sink” when it comes to their conditions. I’m a firm believer that SSA needs to be aware of all conditions that affect your ability to work. However, you have to be smart. NOT every condition is going to affect your ability to work. So be mindful, focus your attention on those conditions that affect your ability to work. Remember, if you add it later, SSA is going to have to investigate it (Which means more time).
2) Keep copies so you can remember what you put before.
COPIES! COPIES! COPIES!! SSA will send you duplicate forms all the times. So unless you have a great memory, you’re probably not going to remember what you put on a form 3, 4, 5 or 6 months ago. Keep a copy so that you have something to refer to when the time comes.
3) It’s not that crucial. The question says what it says. DON’T READ INTO IT!!
If the question is asking “Can you cook your own meals”, that’s what the question SAYS!! These questions are not MISSION IMPOSSIBLE or 24. Stop spending so much time ANALYZING the question and thinking that you are going to ‘Out Smart’ SSA. Just answer what is being asked and move on.
4) If you don’t fill out the forms, you are just adding time to process.
So many times, I have people who refuse to fill out forms. These people either get mad because they are tired of filling out the forms or they think SSA has what they need. I got news for you. If you don’t fill out the forms, you’re either adding time to your process or risk getting a quick denial.
5) Say EXACTLY what it wants. NO MORE! NO LESS!!
This statement goes back to my “stop analyzing’ statement. IN addition, don’t use these forms as a chance to make your situation look worse than it is. If your back hurts 2 to 3 hours a day, don’t say that your back hurts 8 to 10 hours a day. Say what it actually is.
6) Stop whining about the fact that you filled out the same thing already. THAT’s THE IDEA!!!!
People, SSA is LOOKING for consistency in your statements. They are looking to see whether your statements regarding your condition (as you report it) is consistent. I know that it is easy to get frustrated when you keep filling out the same things over and over again. However, this paper work trail is designed to assist SSA in determining if your condition is the way you say it is.
7) Don’t stress about what you put down. You already sent it out so let it ride.
When you send the forms out, don’t lose your mind. You’ve written down everything so trust what you’ve written. Don’t stress on it. Just send it.
I know this post may seem a little harsh. Unfortunately, it is a necessary process and the system is not designed to BEAT you so don’t act like it is. Remember, you bear the burden of proving you are disabled. They won’t know unless you tell them accurately.
I don’t have $20,000! Why do I OWE Social Security money for some overpayment and how can I get out paying this money?
OOOOOOOO, WE! This situation is one that I rarely like to mess with when it comes in front of me. Some of you may know what I’m talking about when I say it. You rolling through life. Getting yo swerve ON and then BAM, you get a letter from Social Security saying you owe them ALL KIND OF MONEY!!
I just got one word for that: DAMN!!!
Wait a minute! Let me get back to being professional for a minute. The simple fact is that in some situations, you might get HIT with what is known in the Social Security arena as an OVER PAYMENT! What it means is that SOMETHING has happened that has resulted in the Social Security paying you more than what you were supposed to receive.
Now, I’m gonna hit you with a few Questions and Answers and hopefully it will help you out:
1) Why did it take SSA so long to realize that they were paying me too much?
Let’s be real. SSA handles millions of claimant’s money on a daily basis. I know this sounds silly but it is very possible for them to miss someone who has slipped through the cracks. OR, they may have only been alerted to the problem recently. I know that it stinks to say that “IT HAPPENS”, but it does.
2) What kind of situations could have caused this to happen?
Now, I could write a BOOK just on the number of situations that this occurs. However, let me give you a few common ones that tend to come up:
a. You get a cash settlement
b. You go back to work.
c. You are put in jail.
d. You win the lottery
e. You keep checks for someone who has passed away.
These are just a few but so many times, people THINK that the government should know about these things ANYWAY so they don’t bother to let them know. I tell people all the time that you can’t think like that when you are dealing with the federal government. You gotta keep them in the loop and NOT just think that “The government should know”.
3) Why am I having a hard time finding an attorney to take this case to help me?
I hate to tell people all the time that attorney’s typically work on contingency fee basis so they may not take this case because they can’t make any MONEY on these cases. Some attorneys handle these case but they probably require money up front.
4) I legitimately DID NOT KNOW. What do I do? I can’t live without my check. What do I do?
In the instance that you legitimately DID NOT KNOW or if you would experience a significant financial hardship if they took the money, you can apply for a waiver. You better make sure you bring plenty of documentation to demonstrate your financial stress.
5) Will they take ALL money every month?
This part is where it gets tricky. In most instances, they should only take a portion of your money. However, depending on the circumstances, they may suspend payment of your monthly check until they garnish all of your money. Every program is a little different and it depends on the circumstances.
6) What should I do when I have paid them back?
Track your money. It is important to make sure that you get something in writing that states that your benefits will be reinstated once they have recouped the money or you may be looking at having your benefits terminated.
7) What can I do to make sure this doesn’t happen again?
Notify! NOTIFY! DOCUMENT! NOTIFY! If you come into some money, if you work, if you go to jail or ANYTHING that will have an impact on your financial situation, OPEN YOUR MOUTH and let SSA KNOW!
There is absolutely NOTHING sexy about an overpayment case. However, it’s important that you take aggressive steps to monitor your money and to let them know when situations have changed in your life that may affect your benefits.
Tips for speeding up your Social Security Disability case
Ok, before I get started, let me dispel a couple of quick myths about what WON’T speed up your case. First, even if you hire a representative, this will not guarantee that your case will speed up. Hiring a representative is extremely helpful but it does not guarantee that your case will move forward any faster. Second, a letter from your doctor. If your doctor hasn’t been providing medical records but will give you a letter when you ask for it, you can’t be surprised if your case doesn’t move forward. Social Security relies on medical evidence and a one page letter (or script) from your doctor isn’t always going to help (it may in the long run but probably not immediately).
However, as I stated, I want to provide a few tips that may be helpful to you in getting your case moved forward:
1) When you apply, give them EVERYTHING they need right THEN!!
Social Security usually requires you to fill out a few forms in order to get your claim going. With the internet, you can do everything on line. Complete all of these documents
2) Confirm, copy, and communicate, part 1 (Make sure they have everything).
After you turn everything in, call SSA to make sure that they have what they need from you. The last thing you want to have is a situation where SSA doesn’t have everything that you THOUGHT you turned in to them.
3) Prepare your third parties for the forms and the calls. Third parties can make your life difficult
SSA is going to ask for you to provide the names of people who can tell them about your condition. They may call these people or send them forms. Make sure you let your people know that they should expect a call from SSA. Make sure you let your people know that they need to complete these forms and send them back as fast as possible.
4) Get your doctor right.
Remember, your doctors are very busy. It’s important that you take the time to let your doctor know that you’re applying for Social Security so they can be aware of any forms that may come in and records request.
5) When they (SSA, ODD) call you, LISTEN and DO what they say.
Nine times out of 10 when SSA leaves you a message, they will leave you a message SPECIFICALLY telling you what they want or need. So why are you deleting the message and spending the next 10 days repeatedly calling them back to ask them what they want?
6) Make EVERY appointment.
Remember, SSA may send you to see some of their doctors or have you come in to provide more information. DON’T MISS ONE appointment!
7) Confirm, copy, and communicate, part 2 (Find out what they need).
After a period of time, you may want to contact SSA to find out if there is anything additional that they need. If they are waiting on your doctors or your friends, you may be able to follow up on your behalf to speed up the process.
If your case becomes Critical, let them know.
If you are in a situation where you are in foreclosure or you have a pending eviction or you are unable to purchase food, let SSA know. It may help speed your case.
9) If your case becomes TERMINAL, let them know.
If you have a health condition that has been LIFE THREATENING, let SSA know immediately. Terminal cases tend to move to the front.
10) Do what your doctor says, PERIOD!
Remember, unless you’re a doctor, you didn’t go to med school. Follow your doctor’s recommendations and comply with their instructions.
11) If you move, let them know THAT day.
Also, don’t forget that the first person you should notify of any move you make is SSA. If they don’t know, they can’t be aware. They are going to need to know your whereabouts.
12) Go ON with your life.
Now, I know you are probably wondering how much time these things will shave off the process. Unfortunately, there is no way for me to provide you an accurate number. Just be aware that these things will go a long towards to helping your process move quickly and more effectively.
Why does it take so long to get a decision after a hearing for Social Security Disability?
The mystery of all great Social Security mysteries is WHY it takes so long to get a decision. Now, before you go and start blaming the government or your representative or your doctor, recognize a few things.
First, Social Security is in the process of going completely paperless. And let me tell you, this is going to shave a HUGE amount of time off of your case. Now, the local offices, the hearing office, and the medical determination offices all have the ability to look at your file for a variety of information. I don’t know how many of you have ever seen a file for someone who goes to the VA but WOW, back in the day, you could have a paper file that was HUGE (we’re talking 10 pounds easy). Now, everything you need can be put on a disk.
Second, with the processing being paperless, it is easier to transfer your file from place to place if need be. Back in the day, you had to literally MAIL the folder to the hearing office and then the office had to receipt the file. Imagine how long this process used to take.
Finally, Social Security is actively sharing the wealth. It used to be that one office would be responsible for an area and so, as you can imagine, some areas had smaller case loads than others. Now, Social Security is spreading the wealth to other offices and having hearings via video teleconference. You could live in Arkansas and have a judge from Washington (Trust me, the regulations are federal so they are world wide).
NOW, back to your question as to WHY it takes so long AFTER you have a hearing, here’s a few things to consider:
1) New records, not in evidence.
Remember, at the hearing level, YOU have the responsibility of providing records to the court. So you can imagine the number of times people get to court and either a) they bring in new records, b) they mention records that they need to get and the court to consider and/or c) they requested records and they are waiting for them. You have to remember that the courts want to make an informed decision. As such, the court may decide to allow you the opportunity to get those records. Now, I hope you don’t think that the judge has made their decision and will finish it up once you send them the records. The court has a duty to weigh ALL of your evidence so they have to look at what you provided and compare it to what’s in the file. This process may take a while.
2) CE
Follow me on this procedure. You’re in a hearing and the judge decides that you need to go to a Consultative Evaluation (don’t freak, this is usually in your best interest). SO, they order it in court. After the court hearing is over, one of their staff drafts the order. The judge signs it and tells you that you will be scheduled by a Medical Determination Service (this can take about 2 weeks to 3 weeks to get this letter). The Medical Determination Service gets this letter and then looks for the specific type of doctor that you need. They then schedule the appointment based on the doctor’s availability (This can take a few months) and then notify you. You go to the doctor. Within 30 days (usually), the doctor sends back a report to you (if you don’t have a rep) and the judge. You can either agree to it, contest it or ask for another one (you are usually given 10 days to respond). Then the judge has to consider this report with the other medical evidence. Now, in theory, from the time you had your court hearing to the appointment for the CE and the report to come back, at least 4 to 5 months have passed. And the court still has to review the findings. The judge could ask you to come back for another hearing.
3) Supplemental Hearing
Hear me when I say this “If the judge wants to have a SUPPLEMENTAL hearing, there’s not a DAMN THING you can do about it!”. People sometimes forget that the judges have a responsibility to ensure that the decisions properly weigh the evidence. As a result, the judge has the discretion to ask you to come back if he or she needs more info. TRUE STORY, I represented a client that had one hearing and two supplemental hearings after the first one. At the first hearing, the judge was reviewing the evidence and determined that we needed a vocational expert. At the second hearing, the judge determined we needed an additional psychiatric and neurological expert. I kid you NOT. It took a year and a half to go through all 3 hearings AND receive the decision. Now, that’s not a YEAR and A HALF from the start of claim. That’s just the hearing process from the date of the hearing. Supplemental hearings like this one are rare but they can happen.
4) Conflicting evidence
IT is AMAZING how people don’t realize that sometimes, the hardest part of the case is when there is evidence that is conflicting. What do I mean by “Conflicting”? For instance, you got one doctor that says you have bad breathing problems and that even if you stop smoking, you would be in bad shape. You got another doctor saying that you would be better if you stopped smoking. Two different doctors saying two different things. WHO do you believe? Now, that example was clear cut but there are many other times when your medical records provides conflicting information and the judge responsibility of trying to resolve this conflict. Unfortunately, you can’t do this quickly.
5) DAA
DAA - Drugs AND Alcohol. I’ve seen some GREAT cases drag out because somebody wouldn’t put the bottle down or get off the pipe. And just to let you know, Marijuana is only medicinal if it’s PRESCRIBED, not because the ganja makes you feel better about your conditions. As a result, people fail to recognize that anytime you are using Drugs and Alcohol, the court has to determine if this materially affects your ability to return to work. It’s one thing if you haven’t used drugs or alcohol in years. It’s another if you just got off the pipe last week and you want the court to consider that the fact that you’ve been clean for 7 days.
6) Large case load (the Judge to the Writer to the Editor to the Judge THEN to you)
Bottom LINE, my friends, Judges have a HUGE case load. As a result, it takes a while to receive a written decision. Here’s how it will go. The judge has to review the evidence and make a decision. The decision is sent to a decision writer. The decision writer is usually writing for several judges which means that they probably process their decision based on age (the oldest first). After the decision is written, the judge has to review. If it’s cool, it goes to the editor. Back to the judge for a signature and THEN, to you! See, I told it takes a while!
7)Once it’s in the judge’s hand, there is nothing your representative can do (most of the time).
If you have a representative, please recognize that there is probably nothing more than can do. They have gotten all of the evidence into the court. It’s in the court’s hands. More importantly, there is nothing YOU can do. So please don’t think that you calling the court every day or sending faxes to the court is going to make a difference. At the end of the day, the process must go through. Now, i know you noticed that I said there is nothing your representative can do (most of the time). If you have a critical situation (ie foreclosure or eviction), your representative may be able to ask the court to expedite the case. In some instances, the court may permit your representative to file a proposed decision (if it’s favorable). However, everything rides and falls with the court.
I know this process is a beast but it’s the only one we have so you need to be aware of the pitfalls and the perils of the process so you don’t get too overwhelmed.
Quick Legal info in a BEAT #1: If a person receives SSI, do they have to pay child support?
SSI (Supplemental Security Income) is tricky because it’s a need based program. If a person is on SSI, they are on disability so they are not able to work. Does this relieve them of their obligation to pay child support? Probably not. A court may reduce the obligation based on their inability to work but they may be still on the hook for any arrearages or on-going support obligations. However, unlike the Social Security DIB (Disability Insurance Benefits) program where an individual’s child support obligation may be garnished from their DIB, in some instances, SSI may not be garnished which means the individual would have to pay the child support from their monthly SSI check.
I hope this gives you some Quick Legal info in a BEAT!
Anthony Reeves, Esq.
http://www.reevesfirm.com
Dedicated to representing the disabled and the discriminated
No one is saying you’re crazy but it may help your Social Security case
Now, before you lose your mind and think that I am implying that you need to put that you’re CRAZY on your application for disability benefits, I AM NOT!!!!! LOL
When you apply for Disability benefits, it is important that you be honest and truthful about all of your medical conditions that affect that your ability to work.
In this situation, I’m talking to those people who are too proud to admit that they have other issues going on in their medical life that keep them from being able to work. In some instances, when people are applying for Social Security Disability benefits, they are applying based on one condition that they CLEARLY feel is the sole reason that is keeping them from working.
However, most people don’t realize that when Social Security Administration is evaluating whether you are disabled or not, they are looking at the combination of all of the person’s impairments and not just one. However, you have to be careful about a few things:
1) Mention impairments that impact your ability to work
Listen, when you apply for Social Security, don’t take the ‘kitchen sink’ approach. Don’t use this as the opportunity to talk about everything that bother you. The important thing is to focus on those conditions that effect your ability to work.
2) If you are depressed, don’t be ashamed to tell them
For some odd reason, people get embarrassed to admit that they have talked to a doctor about being depressed or that they are being treated for depression. More importantly, people have this fear that they may be viewed differently if people were to find out. Remember, if your depression or anxiety or other mental health problems affect your ability to work, Social Security needs to know about it. These things can actually help your case.
3) If you’ve gotten treatment, let them know
If you went to a therapist or a counselor or a psychiatrist, let Social Security know about it. If you are having additional problems that require you to get treatment, don’t be SHY. Let SSA know so they can determine if it impacts your case.
4) No one will know the reason you get disability except YOU!!
Your disability determination is NOT public record. Your family and friends can’t call the Social Security Administration and find why you’re on disability. That information is private to you and your case. Don’t let it frustrate you. It is private for a reason.
5) They will consider it if you say it.
Remember, SSA is going to investigate information that is provided to them about your case. Don’t HIDE information that may be helpful. Take a hard look at your conditions because it’s better to be upfront now than to make them try and figure out what’s wrong with you.
The important thing to remember is that Social Security has a big responsibility in evaluating all of your conditions as it relates to your ability to work. Don’t be shy about sharing the information because it can go along way to help your case.
Anthony Reeves
http://www.reevesfirm.com
Dedicated to representing the Disabled and the Discriminated
Just fill out the forms
Let me be the first to tell you that Social Security kills alot of trees. Now, that’s not a knock on them because they are working their butts off to become paperless. The simple fact of the matter is that Social Security requires alot of information in order to determine if you are disabled. As such, you are going to get a lot of forms to fill out.
Now, the toughest part about it is actually filling out the forms. Let me let you in on a little secret: It’s NOT that hard!
I am always amazed by how many people get intimidated by the Social Security Forms. So here’s a few words to help you with the forms:
1) Be consistent
Most people don’t understand that when you fill out those forms for Social Security, SSA is trying to determine if you are providing consistent information. So many times, people will throw in different things each time and that sends a big red flag to SSA to let them know that you may not be truthful with them. Remember, be consistent.
2) If you don’t understand, ask for help
Some of those forms can easily be one to two pages. However, some of those forms can easily be 8 to 10. If you get a form that is too overwhelming, ask someone to help you. The forms typically are straight forward so don’t let it intimidate you or overwhelm you.
3) Don’t be slick
Here’s where people get in trouble ALLLLLLLL the time. You trying to get yo hustle ON and you think that you can BEAT the system by trying to make yourself look worse than you are. Be CAREFUL. If you complain that you are depressed but you’ve never told your doctors or anyone OR you complain about constant back pain but you don’t take any medications (not even over the counter) OR you just out right lie about your condition, you are making your case harder for your self. Don’t try to beat the system.
4) Be honest
Now, just as I said above, don’t try to BEAT the system. Just be honest. You can never go wrong with being honest. If your back hurts now but then it got better on its own and now, you are in pain in your feet, if you’re honest, then you are good to go. Just think about your life on a daily basis and tell the truth.
5) Keep a copy just in case
I know it sounds tough because you spend so much time filling out forms but make sure you take the time to keep a copy of the forms just in case. You want to make sure that if SSA doesn’t get the copy, you can just send them another one. This way, you’re not filling out the form again.
6) Yes, they do read them
Contrary to popular belief, SSA reads these forms. These forms are what they rely on when they are trying to obtain additional information about your case. Keep this information in mind so that you ensure you give them as much information as possible to develop your case.
7) You may have to fill them out again
Every state is different but in some states, you may be required to fill out the forms again later on down the line in the process. Don’t take it personal. They are not out to get you. They just need additional information and you are the best source of that information.
Yes, we know the process is frustrating but remember, you don’t have to let it overwhelm you.
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