What the hell happened to all of my old (Prior) Social Security Applications and why can’t I go back to the old application date?
Oh, I know you know about this one. You get ready for a hearing and you are told that they are going to look at your case from a particular date of application but you KNOW that you have filed a few times before and YOU want to know WHY are they NOT considering those old applications. And why is this important? It’s because you KNOW that you’ve been disabled for a while and you think they need to understand so they don’t cut out your benefits. Will, let me get YOU right so get ready to read!!
Ok, ok, I’m sure quite a few of you have heard me give a break down of different things relating to Social Security but today, I have go over a topic that I get asked THOUSANDS of time. It’s really weird from a technical standpoint so I’m going to break it down into two parts. Part I is titled LEGAL talk and this is where I will discuss the various standards that Social Security relies on to make their determination. Part II is titled BEAT talk and this is the part where I will discuss how people tend to get into this situation and the little things that you do that may impact your ability to get your old application reopened.
PART I - LEGAL talk
If you get denied on your application and you refile, you may be able to request your prior file be re-opened. However, for purposes of my discussion, I’m going to give you a hypothetical scenario so you can see how this work. In the course of the discussion, I will rely on references 20 CFR 404.988, 20 CFR 404.989, 20 CFR 416.1488, and 20 CFR 416.1489.
HYPO: Let’s say that you filed an application on JANUARY 1, 2006 and you got your initial denial on MAY 1, 2006. Here’s what may happen if you re-file again on the below listed dates:
1) RE-FILE DATE DECEMBER 31, 2006 (It should be able to re-open automatically)
The regulations provide that if you re-file a new application, for any reason within 12 months from the date of the notice of the initial determination, it can be re-opened automatically (either by requesting it or SSA may do it by themselves). So under the example I just provided you, since you filed a new application within the 12 month window from MAY 1, 2006, you can re-open your JANUARY 1, 2006 application.
2) RE-FILE DATE JUNE 1, 2009 (Depends on your type of case and it depends on your reason for asking)
Here’s the point where you need to know what kind of case you have. If you have a case under Title II (which is Disability Insurance Benefits), you can request a re-opening because your reapplication occurred within 4 years of the May 1, 2006 determination (4 years from your initial determination in this hypothetical). However, under Title XVI (Supplemental Security Income), you only have 2 years from that date to ask. Since you were denied on May 1, 2006, you had up until May 1, 2008 to file a new application and ask for the old one to be re-opened. Since you re-filed on June 1, 2009, you are not within the window. Now, remember what I said in point #1. Within 12 months of the initial determination, you can ask for it to be re-opened for any reason. Beyond that 12 months (but within the window, DIB within 4 years and for SSI within 2 years), you gotta have a good reason. And here is what they consider:
(1) New and material evidence is furnished;
New meaning something that relates to the period of time to explain WHY you didn’t re-apply right away and it must be relevant (MATERIAL) to your case.
(2) A clerical error in the computation or recomputation of benefits was made; or
(3) The evidence that was considered in making the determination or decision clearly shows on its face that an error was made.
3) RE-FILED because you found out and realized that someone was using your information and SSA applied their information to you.
You can RE-FILE and ask for a Reopening, for any time if,
(1) It was obtained by fraud or similar fault ;
(2) Another person files a claim on the same earnings record and allowance of the claim adversely affects your claim;
(3) A person previously determined to be dead, and on whose earnings record your entitlement is based, is later found to be alive;
(4) Your claim was denied because you did not prove that a person died, and the death is later established—
(i) By a presumption of death; or
(ii) By location or identification of his or her body
PART II BEAT Talk
Alright, now that we got the legal MUMBO jumbo part out of the way, let me get down to the DIRTY and tell you why it is sometimes difficult to get your old applications re-opened:
1) Your last application is so long ago that there is NO way they are going to re-open it.
The one thing I wanted to make clear is that there are timelines for requesting your old applications to be re-opened. I’m sorry if you applied in 1994 and you have been out of work the entire time. However, if you can’t show that there was some fraud involved or someone used your information or something else as referred to above, SSA is NOT going to go ALL the way back to 1994 if you reapplied beyond the SSI (2 year) and DIB (4 year) window.
2) You were in prison during the time between your current applications and your new one.
Now, in theory, if you’re within the period of time, you could request a re-opening. Let’s say under the hypo I provided, you were denied on May 1, 2006, you went to prison on May 30, 2006 and you didn’t get out until November 1, 2007. So you reapplied that day and you want to go back to May 1, 2006. Of course, you got a good reason. You were in prison. You way have a good reason but (under the regulations), they can’t pay you for any time you were in prison. Now, if you have DIB claim where you are indicating that you were disabled up to a year before the application, you may want to request the re-opening. However, if you have an SSI claim, you can only get paid from the date of the application so why would they re-open that old application?
3) “I didn’t know I could appeal”.
I have heard this one a MILLION times. Now, let’s get real. Unless you have a cognitive problem or you have a low IQ or you were under some type of extreme emotional or physical situation, you are probably NOT going to get ANY sympathy from Social Security for the “I didn’t know I could appeal” reason. Those decisions that SSA generate are SO detailed that they explain two or three times about your RIGHT to appeal.
4) “I was going through some things” (You better be specific, dammit, and it better be good and you better have proof).
Now, let’s be honest here. You are going to have some situations where you are in a devastating circumstance. Your loved one died. You went through traumatic divorce. Something of that nature. In some instances, SSA may be sympathetic. However, SSA is not dumb. They are going to want SOMETHING to demonstrate that you did go through what you went through to support your assertion.
5) You were working.
And this is another one I’ve seen. people, the FIRST step of the SSA process is “Are you performing a Substantial Gainful activity?”. In other words, are you working? Say (like under the HYPO), you applied on Jan. 1, 2006. You were denied on May 1, 2006. You went back to work. Now, it’s not that simple. If you only worked a few weeks or you tried a month here and a month there with no success, you might get some sympathy (depending on your reason for not working). However, if you went back to work on May 2, 2006 and worked until June 2008 and you earned $14000 a year but now you’re saying that you were struggling and so you can’t do it, you might get the hoochie lips from SSA. Why? Did i mention that you earned $14000 a year? and OH, SSA knows that you earned $14,000 so if you can’t explain how you worked under some special set of circumstances, you are probably not going to get that old application re-opened.
I I know that so many people find themselves reapplying for disability benefits so I wanted to make sure that I took the opportunity give some insight into how this situation works so you can understand why your old applications may or may not be affected.
Will someone PLEASE tell me how Long Term Disability will affect my Social Security Benefits??
I can’t tell you how many times I have found myself in the position of having to explain how a person’s Long Term Disability program will affect their Social Security disability benefits. I have seen more people PISSED off, angry, and upset because they didn’t have a full appreciation of how that program would affect their benefits.
With that being said, let me give you a few tips that may help you out along the way:
1) If you don’t know BEFORE you sign up, Call your carrier and ASK!!
If you’re thinking about applying for Long Term Disability, check with your carrier and find out how your LTD program will be affected by Social Security. It’s important to have this information available to you in the very beginning.
2) If you have signed up and you don’t know, Call your carrier and ASK!!
So many times, people will start the process of applying for Social Security and think that their LTD benefits and SSD benefits will go ‘hand and hand’. Don’t let yourself get caught off guard. Ask as soon as possible.
3) It sucks but you may have to reimburse them.
I hate to be the bearer of bad news but some LTD policies require you to reimburse them if you receive monies during the same time they are paying you. You might want to know that ahead of time.
4) It stinks even more but your LTD benefits may be reduced after you get disability benefits.
Be careful. Sometimes, you are sitting over there doing the NEW math and thinking that you will get money from LTD and your SSD. This point may be true but it is possible that they may reduce your benefits to account for the SSD money you are getting so you need to be ready.
5) It stinks the MOST but your LTD benefits may STOP after you get disability benefits.
OOOOOOO, this is point that makes people HOTTER than fish grease. Let’s say you’re getting $1000 a month in LTD benefits and then a year from now, you start getting $1200 in SSD. So in your mind, you’re thinking “BAM! $2200 a month? We ROLLING!”. And then what happens? you are only getting $1200! Say what? Who bumped their head? Well, it might have been you if you haven’t checked your policy and your policy has a provision that STOPS your LTD once you get your SSD.
6) They want to know about the status so get READY or you may have problems.
I know this will get on your nerves but they are going to want to know REGULARLY about your SSD process. For some policies, if you don’t have an active claim, you don’t get any money.
7) Don’t wait until AFTER you get your benefits to contact your LTD carrier to find out how it will be affected.
Most people get the SHOCK of their life because once they have gone through the 2 years or so of waiting for your SSD benefits and you think it’s cool and then BOOOOO YAAA! you get your SSD benefits. your back pay goes to your LTD carrier and you stop getting LTD checks. NOW, you are mad and don’t want to do. Unfortunately, you may not be able to do anything.
Now, don’t get me wrong. LTD programs are AWESOME! THey provide some well needed money when you’re sitting over there waiting on the SSA process to unfold. Just recognize this point. The LTD program may not be designed (depending on your policy) to keep you covered forever so you need to EDUCATE yourself about what it covers so you don’t get surprised.
How come I get disability from other sources but not Social Security Disability?
I know you’re fired up. You can’t seem to understand why you are applying for Social Security and your Long Term Disability or your VA benefits or your State Disability benefits or your Workers Compensation has already been approved. It’s an OUTRAGE! Right? Isn’t it??
Uhhhh, NO! But wait a minute, does it help? If my LTD carrier has approved me, shouldn’t I get Social Security right away?? What about the VA? They are federal, too. Shouldn’t that matter? Does it matter? Huh? What??
Uhhhh, NO!
Ok, now that I have done a thoroughly effective job of throwing water on the fire, let me give the ‘down and dirty’ about other disability programs and Social Security:
1) Getting Disability from another source does NOT guarantee approval for Social Security
It is important to know from the beginning that the Social Security Administration is not BOUND by any disability determination by another agency. In other words, just because someone has determined that you are disabled, doesn’t mean that Social Security has to make the same decision. Most people don’t realize that each agency uses a different standard to determine disability.
2) Getting disability from another source may be helpful to your Social Security case.
The nice thing about other disability sources is that they are usually very medical intensive. They go through a lot of steps to get doctors to complete forms, give opinions, or give assessments. This information can be beneficial to your case.
3) Getting disability from another source may be harmful to your Social Security case.
It’s also important to remember that any statements made against your interest. For instance, if a doctor completes a form for a Long Term Disability carrier saying that your condition will only last 9 months and you should return back to work, this goes against SSA’s requirement that your condition keeps you out of work for 12 months or more.
4) If you have the opportunity to apply for something else, IN ADDITION, to Social Security, you should.
However, if you have the opportunity to apply for LTD, STD, VA, WC, or any disability type program while you’re waiting for Social Security, you should. Why? For one, they tend to approve or deny faster. Two, if you get approved, you will have money coming in while you wait. Three, any paperwork used here can be forwarded to Social Security.
5) Make sure you let Social Security know that you are applying (or that you have been approved) for other disability programs.
I hate to say this so don’t think I’m being a smart ass but Social Security workers don’t have ESP and they can’t read minds. If you don’t tell them that you are applying for another disability program or that you got approved, they won’t know.
Remember, Social Security disability is a lengthy process so anything that you can provide to improve your opportunities may be helpful.
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.
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
The REAL World frustations for you and the Social Security Administration
I’ve represented clients before the Social Security Administration for over 8 years. During that time, I’ve had a chance to worked with, talked to, or interacted with some great people who are truly trying to do the right thing. What is the right thing? Processing a person’s claim when they apply for Social Security Disability benefits. I’m a firm believer that you “Catch more flies with honey than with vinegar”. For those of you who don’t know what that phrase means, I am a firm believer that you can get more useful information from SSA by just asking questions and (more importantly) listening when the people who do this EVERY DAY have some thing to say.
I am not going to sit here and say I speak for the Social Security Administration (because I don’t) nor am I going to defend them or slam them. However, after spending so many years talking to some great people in the agency, here’s a few things I’ve found to be relatively consistent:
1) They are trying to move your case as fast as they can
I know you don’t want to hear this but do you REALIZE how many cases come through SSA every day?? Imagine if 100 people file a new claim every day in one office. That’s about 500 people a week FOR ONE OFFICE. So what makes you think your case is special?? I hate to be nasty but you have to keep in mind that when you apply, your case is one of ALOT of cases that are coming through the pipeline so you have to keep that in mind. Another thing you need to realize is that SSA has the burden of processing your case as fast as possible. It serves no purpose for them to sit on your case. They want to get you in and out.
2) If you don’t give them everything they need, they can’t help you
SSA relies on information that you give them. Listen to me when I say this. They rely on information that YOU give them. So if you decide to NOT tell them about a doctor because YOU decided that it wasn’t important and they discover that you went to that doctor, NOW, you have to wait while they get those records. Remember, don’t pick and choose what you THINK is important. Provide them with everything they need so they can make an informed decision.
3) Cussing them out, Calling them out, Telling them off, or Blowing up their phones DOES NOT HELP!
I”ve said this a million times. How would YOU respond if someone called you “cussing you out” or “telling you off” or “calling every 5 to 10 minutes”? Come on now. Think about all of those telemarketers or bill collectors. You will unplug your phone or put the phone on silent. If you answer the phone, the first nasty word you hear, you hang up the phone. Now, SSA doesn’t unplug their phones or put their phones on silent. However, what makes you think they are going to be responsive to you ‘going off on them on the phone’? I know you’re frustrated but you have to keep things in their proper perspective. These people are PEOPLE, too.
4) Contrary to popular belief, ALOT of people are in the same position as you.
Here’s where it really gets tough. When most people apply for Disability, they aren’t able to work. When you’re not able to work, the wheels fall off the car. What I mean is that you aren’t able to pay your bills, buy your food, or pay for your medicines. You aren’t able to sustain yourself. Unfortunately, a lot of people are in the exact same situation. I represented a guy who applied while he lived under the Interstate overpass. I’m not saying that your situation isn’t important. I’m just saying that, unfortunately, a lot of people are in the same position as you.
5) If you don’t tell them something has changed, how will they know
Remember, remember, remember, you must inform SSA of your changes in circumstances. If you have a new doctor, you gotta tell them. If you move, you gotta tell them. If you go back to work, you gotta tell them. You can’t trust that SSA will figure it out on their own. If they do, they have to investigate. Remember, that takes time to investigate which adds time to your case.
6) If you are a TERI case, they will move your case but it still takes time.
For those of you who don’t know, TERI stands for Terminally Ill. These cases are tricky because when SSA gets these cases, they move on them fast. However, they still need a little time to get the necessary paperwork to process the case. SSA takes these cases very seriously but they still take a little time to process.
7) It is a PROCESS and there is no going around it
I’ve said this a million times but it still is tough to appreciate sometimes. Remember, when you are applying for Social Security Disability, you must go through the Social Security Disability PROCESS. You can’t skip any steps. You must go through the process in order to ensure that you meet the requirements. There are no short cuts.
If you make it up, bring it up, add something new, or make them look for it, it adds time to the process
The SSA has a duty to investigate anything that is relevant to your case. So its important that you keep them informed early and often about anything that is relevant to your case. Sometimes, when you are listening to others who have had success getting disability benefits, you may add a few things that you think will help you. Remember, SSA has to look at everything that may impact your case so be upfront and honest.
9) There is no single one piece of MAGICAL evidence. They have to look at it all.
SSA has a responsibility to look at the weight of the evidence. In other words, SSA has a burden to look at all of the evidence to determine if leans in your favor or against you. The reason this is important is because sometimes people think that one letter from their doctor will guarantee a favorable outcome. Remember, SSA has to review everything before they can make a decision. The letter from your doctor may help but it’s not a slam dunk.
10) If you keep starting over, so will SSA
I’ve had a few people mention to me that they wanted to know if it was ok to reapply after an initial denial. Remember, every time you start your case over again, they start your case from scratch. Now, they will usually re-open your prior application (depending on how long you waited to file again) but they are going to start from scratch with your new application. More importantly, your case won’t move faster just because you are starting over again.
11) If they ask for it, give them what they need
When you file for disability, get ready. They are going to send you a BOAT load of paperwork. This paperwork is designed to assist them with processing your case. The longer you wait to give it to them, the slower your case will be processed.
12) Sometimes, it’s JUST NOT THEIR FAULT!
Recognize this, if they are waiting for something and it hasn’t come their to them, what do you expect them to do? If you tell them that your doctor says you’re disabled but your doctor won’t release your medical records, what do you expect them to do? If you tell them that your friend can answer questions about you but your friend won’t call them back, what do you expect them to do? If they schedule you for an appointment but you keep missing the appointment, what do you expect them to do? If they contact your child’s school and the school refuses to cooperate, what do you expect them to do? Most people don’t realize that the SSA process is a two way street. If they aren’t getting what they need because of someone else, you can’t get mad or frustrated because they aren’t making a decision fast enough.
Contrary to popular belief, SSA is frustrated as well. They have to handle a large case load and they have to make sure the cases are handled as fast as possible. Your case is important to them but they can only work with what they have.
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.
I hate to tell you but some people don’t WANT the health care system to change!
Here’s a question for you that I want you to think about:
“If you and everyone in your house hold got sick AND nobody in the house could work AND NO ONE had savings AND NO ONE had Long Term or Short Term Disability plan AND NO ONE could afford COBRA payments, HOW are you going to pay for your health insurance????”
It’s amazing because as the debate about health care rages on, I am CONSTANTLY amazed by the amount of people who are dwelling on the fact that THEY don’t want to pay for health care for the millions of illegal immigrants or all those people who are lazy and don’t wanna work or all of those welfare people.
HELLLLLLO? What world are YOU living in? Do you not know that YOU are just one stone throw away from the unemployment office? Do you not know that one SLIP and FALL in your house OR one trip on your drive way and BOOM, life as you know it can change?
Stop focusing on all of THOSE people who don’t have insurance and WHO they are because the reality, VERY QUICKLY, you could be THOSE people!
Here’s where I have some problems and I think they are worth mentioning:
Why are you stressing? ANY PROGRAM is going to cost money!
How come EVERY new program that is of significance is HIGHLIGHTED by its cost? No one complained and raised an eye brow when BILLIONS of dollars were poured into Iraq (and NOT just for our troops). We financed contractors to go over there to help rebuild their country. We financed our troops to help make sure the country remained stable. No one blinked an eye. However, the MOMENT you talk about ensuring that the American people have benefits so we ALL have a safety net, here COMES the money argument. My problem is that ANY (and I repeat ANY program) passed by Congress is going to cost money so why are you stressing me over this cost. Taxes may not go up for this but it will go up for that so why are are we tripping??
What the HELL is the RIGHT WAY to reform Health Care?
I want you to notice some unique facts about the late Senator Ted Kennedy
- 1966
- Senator Kennedy passed legislation creating the national community health center program. He joined a health center in Columbia Point in Dorchester, Massachusetts, with a center in Mound Bayou, Mississippi as the start of a national program that now includes more that 1200 health centers nationally serving more than 20 million low income patients.
- 1969
- Senator Kennedy gives his first speech calling for national health insurance for all Americans. His amendment creating a minimum tax — the so-called “Alternative Minimum Tax” — becomes law, setting a limit on the amount of taxation for middle-income Americans.
1971
- Senator Kennedy becomes Chairman of the Senate Health Subcommittee. He held a series of field hearings around the country on national health insurance, and is a leader in passing the National Cancer Act to expand research on all aspects of cancer.
- 2009
- Senator Kennedy’s Health Committee was also the first committee in Congress to pass comprehensive health reform legislation called for by President Obama — the Affordable Health Choices Act that will reduce health costs, protect individuals’ choice in doctors and plans, and assure quality and affordable health care for all Americans.
First, for those of you who are thinking that I’m digging up these stats from la la land, go visit http://kennedy.senate.gov/senator/timeline.cfm. This website is the Senator’s government website and review the information. Now, I want you to notice something here and NO, it’s not that I am saying ‘HIP HOP HOORAY’ for Senator Ted Kennedy. Senator Kennedy introduced the concept of a National Health Center in 1966 and National Health Insurance (which we are trying to do now) in 1969. Recognize that fact! For over FORTY YEARS, we have been trying to get health care. Since 1969, we wasted Money in a lengthy expensive conflict (Vietnam), we went through Water gate, and we have spent countless funds in combat operations in IRAQ (TWICE!!). We can spend money on all of these things and we can’t introduce an option for healthcare??? What’s even MORE surprising was that in 2009, TWO THOUSAND AND NINE, Senator Kennedy’s committee was the FIRST to pass comprehensive legislation. Are you kidding me? He’s been talking about health care for 40 years and we only get legislation now? What’s even more amazing is that every time I look up I see ads or Senators or Congressmen talking about “Let’s reform health care the RIGHT WAY” but NO ONE is offering any suggestions for WHAT the RIGHT WAY is! They want to talk but NOT put pen to paper!
If not OBAMA, then who???
It’s amazing but I did a little background check about how other Presidents have tackled the health care initiative. I was surprised by what I found.
President Lyndon B. Johnson
The Social Security Act of 1965, which created Medicare and Medicaid, was part of Presidents Lyndon Johnson’s “Great Society” vision for the country.. This plan provided health care for the elderly and individuals with special medical needs. Even with this broad base of support, there was still a great deal of concern among more conservative elements of society, who saw this move towards increased government involvement in health care for the citizenry as a dangerous step down the road to a socialist dictatorship.
President Richard Nixon
Nixon, for his part, was stalwart in his belief that a national health insurance plan was vital to the country’s future. He stated in his 1974 State of the Union Address that “The time is at hand this year to bring comprehensive, high quality health care within the reach of every American.” Nixon’s own past experience with poverty and family illness made this a personal issue for the President. Yet Nixon’s call for an employer mandate to provide health insurance as part of his planned universal health care coverage for all citizens was seen as inadequate by many democrats in congress. The plan was also opposed by powerful unions such as the AFL-CIO and the United Autoworkers, who lobbied hard to defeat the legislation.
President Jimmy Carter
In retrospect, after his tenure in the White House in the late 1970’s, President Jimmy Carter said that, although he was a proponent of universal health insurance, the country’s economic difficulties at the time made health care reform politically unfeasible.
President Bill Clinton
The Clinton plan also supported universal health insurance through the enforcement of individual and employer mandates. The government would control the competition between private insurance companies The Health Care Task Force, chaired by Hillary Clinton when she was first lady, gave President Clinton a complex plan in September 1993. Despite a Democratic Congress, the size and complexity of the plan slowed its progress through Congress and lost the interest of the general population.
What’s frightening is that the health care debate has been ranging on since the 1930s so this is by no means a RECENT phenomenon. Like clock work, whenever it comes around, people start losing their minds. So in the last 40 years, we’ve had a variety of presidents who have braved taking a chance on making sure ALL americans have health care but unfortunately, we run into the “RIGHT WAY” and “SOCIALIST” discussion. We’ve had at least 6 different Presidents (Truman, Roosevelt, Nixon, Johnson, Clinton, and now Obama) take a stab at trying to push the need to make sure we all have insurance. Is it coincidence or a reason that they can’t get it passed?
So what would YOU do if you had no Health Care? Let’s look at the NOW WHAT situation!:
For the last 8 years, I have represented people who have applied for Social Security Disability benefits. Unfortunately, a lot of my clients have been people who have found themselves in the tough position of trying to figure out HOW to get health care. Think about it like this. If you have been working and your insurance has been paid by your employer and then, BOOM, you can’t work, here’s how it may unfold and so I ask you “NOW WHAT?”:
a) You get hurt OUTSIDE of work (no workers compensation, no personal injury, etc.) and now you can’t return! Now what?
b) You use your annual leave, your sick leave, and maybe even family leave and after a few months you still can’t go back to work. 3 or 4 months have passed! Now what?
c) You stop working so you apply for COBRA so you have a few months of health insurance. About 3 or 4 months have passed! Now what?
d) If you are lucky, you apply for Short Term Disability or Long Term Disability. If you are not lucky, NOW what??
e) You apply for unemployment but you know you can’t do the work you used to do and you are having a hard time finding another job. The Unemployment pays for a few things but not enough to pay for the insurance you need to cover your health care cost. Now what??
f) You start cashing out your stocks, mutual funds, and savings accounts. If you’re lucky, you have funds to last you while you apply for disability with the state (if you worked for the state), the VA (if you’re a veteran), or Social Security. All of these programs may take a few months or up to years. If you DON’T have stocks, mutual funds, and savings accounts, NOW WHAT??
Let me tell you what NOW WHAT is! It’s nothing. You’re now hoping that you qualify for disability. You’re praying you can find another job. You’re lucky if you have a spouse or family member or friend who can support you. But the REALITY is that any ONE of us can go from A-F in the NOW WHAT category that I showed you so fast that you won’t realize what happened. You can go from having a nest egg to working a good job to planning for your future to a “how the HELL am I going to get to the next day” situation.
Am I saying that we should take whatever situation that is presented to us?? No, that’s not what I’m saying. My problem is that for the last 70+ years we have had multiple presidents and politicians try their BEST to insure that everyone is covered but for some odd reason, people are quick to hollar “SOCIALISM, SOCIALIST” yada yada yada to the TOP of their lungs. And I got news for you, most of the people who scream these things are either 1) people who have health care, 2) people who are under the delusion that they will never benefit from this health care system because they don’t think they will ever be in the situation to need it, and / or 3) people who think that the change in the health care system may affect their financial bottom line.
So the challenge I present to you is this one. If you’re in a situation where you are 100% confident that you are completely covered in the WORST case situation (which is what I’ve covered up top), you are the only ones who can complain. However, considering that 95% of the country probably can not say with CONFIDENCE that they will NEVER need help, you may want to start re-evaluating the need for a National Health Insurance OPTION or Universal Health Care system.
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!
Let me tell you WHY you can’t run DIRTY with Social Security
For those of you who may be a little perplexed by the phrase “RUN DIRTY”, allow me the opportunity to clarify. “Running dirty” is a phrase to denote doing something illegal, wrong, or against the policies and procedures. I use this phrase whenever I’m talking about people who are trying to be sneaky and get Social Security Benefits at the same time. I, also, use this phrase whenever I’m talking about people who decide to WITHHOLD evidence from Social Security in an attempt to make their case better.
Interestingly enough, I’m surprised by the number of people who TRY and then ACT SURPRISED when they get caught. If you’re thinking about ‘RUNNING DIRTY’, here’s a few things that you need to consider:
1) The PAPER gets you EVERY TIME!! Most people don’t realize that part of the reason Social Security has you fill out so many papers is that they are checking for consistency. They want to ensure that you are not changing your story up every time.
2) The MEDICAL RECORDS get you EVERY TIME! People forget that Doctors and Nurses are very diligent and detailed in their record keeping. So you need to be aware of the fact that if you tell your doctors something that relates to your health condition (like the fact that your back hurts from working all day! OOPS, you didn’t tell Social Security), this information may appear in your records.
3) The LABS / X-RAY / TESTS don’t lie! Now, if you KNOW you’re doing illegal drugs and you go to the hospital, why would you still lie? They take toxicology information on you through labs and this stuff will always come forth. Also, you can lie about alot of things but your tests (X-Rays, MRI, Labs) will typically provide the actual results for more of your situations.
4) You don’t know WHAT your 3d parties will say! You typically have to provide the names of individuals who can speak about you and your condition. Contrary to HOW hard you try, you don’t really know WHAT they will say when Social Security talks to them.
5) The POWER of the FEDS! Do you have ANY idea of the number of systems the Social Security Administration has access? If you go to jail, they know! If you owe child support, they know! If you return to work, they know! There’s a lot of systems that alert Social Security to things that relate to your Social Security case so you need to be aware.
Social Security is a complicated system and since you’re applying for Federal Benefits, it’s important to be mindful of the fact that your actions may have an impact on your case. If you’re deciding to take some action that you KNOW you’re not supposed to do, be mindful! It may CATCH you in the end.
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