Be honest; Be credible; and Be aware of your medical records
If you are wondering how your testimony at your disability hearing may help or hurt your claim, please check out the following link:
http://www.youtube.com/watch?v=AxbPIdI026Y
Social Security Disability tip: What your medications say about your case
If you’re wondering what your medications say about your case, please review my video:
http://www.youtube.com/watch?v=n3gqal0jCtI
Same Sex and Social Security: The Federal Court Battle Begins Today
Several months ago, I had the opportunity to represent a couple in their claims for Social Security Disability benefits. My heart went out to them because they both had significant health problems and they needed as much help as they could get. Whenever I had a chance to talk to them as a couple, they made me laugh. With their cursing, arguing, and eventual flirting, it was clear to me that the two of them were very much in love. They were dedicated to supporting each other and they were very aggressive and passionate about making sure no one took advantage of the other person.
I am happy to say that both of them won their disability claims and I sincerely hope that their quality of life improves. However, as I talked to them, I wondered one thing. What happens to their benefits if one of them dies? The reason I ask is that they are a same sex couple. Under federal regulations, a surviving spouse may be eligible to receive the deceased spouse’s disability benefits, but this may not be true for same sex couples.
To decide your relationship as the insured’s widow or widower, the Social Security Administration looks to the laws of the State where the insured had a permanent home when he or she died. So, in essence, if your state doesn’t recognize same sex marriage, neither will the federal government when it comes to Social Security benefits.
Up to now, the issue of the constitutionality of gay marriages has been a ‘state court fight’. However, a federal judge in San Francisco will hear closing arguments today (Wednesday, June 16, 2010) in the first federal trial to consider the constitutionality of a gay marriage ban. The judge is expected to rule on whether California’s gay marriage ban, Proposition 8, approved by voters in November of 2008, violates the U.S. Constitution. The decision in this case probably will not not be the final one and we can expect it to go all the way to the United States Supreme Court.
Which brings me back to the couple I represented. I wonder how this case affects them. No, they are not married, and, no, I haven’t heard them speak at all about survivor’s benefits. They are a ‘happy go lucky’ couple just getting on each other’s nerves like every other couple. But they are not like every other couple. They happen to be gay. Still, they are committed to taking care of the other person’s needs. They pay taxes. They are American citizens. So why is a program dedicated for the benefit of the American people not available to all of the American people? How is a state permitted to decide just who is entitled to federal benefits designed to provide benefits to survivors of loved ones?
I don’t know but we may be getting close to a resolution on this one.
Why does it take so long to get Disability benefits when I start over?
WOW! This question comes up a few times. Here’s how it usually plays out:
1) You have applied and you got denied. So you decided to reapply, OR
2) You went all the way to a Judge and got denied. So you decided to reapply, OR
3) You went all the way to an Appeals Council Decision and you got denied. So you decided to reapply, OR
4) You were receiving disability benefits and you were cut off. So you decided to reapply, OR
5) You got a closed period of disability benefits. So you decided to reapply!
In any event, most people ask the same question “Why does it take so DAMN long to get Disability when you reapply??” And trust me, DAMN, is usually thrown in there somewhere.
Unfortunately, the short answer is “Just because you went through the process once, doesn’t mean you get preferential treatment when you go through the system again.” In other words, every time you go through the system, a new set of hands and eyes will be evaluating your case. As such, your case is treated as if you are filing for the very first time.
Now, I know what you’re thinking. You’re thinking “What about those earlier applications?”, “Do they check those records?”, or “What about the fact that I was disabled before?”. All of those are good questions so let’s go through the scenarios I provided:
1) You have applied and you got denied. So you decided to reapply, OR
OOOOOO, please don’t do this. SO many times, people think that if they just keep reapplying, they will ‘hit it’. Ladies and Gentlemen, this is NOT LOTTO!!! You have to go through the system to get the best results. Now, I’m not saying that you shouldn’t reapply. I’m saying that you should be mindful of the fact that you are starting over every time you reapply. They will go and get the info from your previous application (depending on how soon you reapply) but you are still starting over.
2) You went all the way to a Judge and got denied. So you decided to reapply, OR
I’ve said it to people a million times that you don’t usually get your best opportunity unless you actually go through the process. The process usually means from initial application to a Judge. Now, for Social Security’s purposes, your disability period is the day after the judge’s decision. Why? In their eyes, the Judge has already determined that you are NOT disabled up to the date of his or her decision so even if you were found disabled, SSA is probably not going to back beyond that date (Sometimes they do but most times they don’t).
3) You went all the way to an Appeals Council Decision and you got denied. So you decided to reapply, OR
Sometimes, people want to wait until they go all the way through the administrative process. Most representatives will probably tell you that while your case is pending before the Appeals Council, you should start a new application. In any event, if you reapply, the earliest date of benefits would be the day after the judges decision.
4) You were receiving disability benefits and you were cut off. So you decided to reapply, OR
This situation comes up a lot. You’ve been receiving benefits for an extended period of time. Then, for whatever reason, SSA determines that you are no longer disabled or no longer entitled to benefits. So you decide to reapply. Now, in your mind, you’re thinking that since you were receiving benefits before, you should have a leg up. NOT SO FAST, my good friend (in the words of ESPN’s LEE CORSO). You don’t get preferential treatment just because you were receiving benefits before. Remember, a determination was made that you no longer need the benefits so you have to prove the you do.
5) You got a closed period of disability benefits. So you decided to reapply!
This one is tricky. A closed period is a clearly defined start and stop. You were determined to have been disabled from one point to another. Let’s say from Jan. 1, 2008 through Jan. 1, 2009. Now, you decide to reapply. The same rules apply. You’re treated as if you have started from scratch.
Please remember that you are not entitled to any special privileges or opportunities just because you started over. You still must go through the process as if you are starting from scratch.
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
