The BIG THREE (Asthma, Diabetes, Hypertension): Be careful. YOU control how these conditions affect your Social Security Disability claim.
Ok, before I get started, let me get one thing straight. I am not saying that you should not put any information about these conditions in your Social Security Claim. That is NOT what I am saying. However, these conditions are unique in a variety of ways:
1) You control whether they get better
HYPERTENSION - in most situations, proper diet and proper exercise can go a long way towards making your situations better. It’s important that you take the opportunity to follow your treatment regiment.
ASTHMA - there are some things that you can do to prevent asthma attacks. You can avoid certain chemicals, dusts and fumes. You can avoid certain exercises and heat. You can avoid certain conditions.
DIABETES - like Hypertension, proper diet and proper exercise can go a long way. It’s important that you take the opportunity to follow your treatment regiment.
2) You control whether they get worse
Ok, here’s the part where I get GUTTER so get ready to get your feelings hurt.
HYPERTENSION - I don’t give a damn HOW much you like that bar-b-q fish sandwich. 1000 mg of salt is a 1000 mg of salt. Recognize this part as well. If your doctor is telling you that you need to lose weight, this is NOT a request. If you are obese and your diet is bad, it’s not going to help your case or your health.
ASTHMA - Repeat after me “SMOKING AND ASTHMA DON’T MIX”! That’s right, dammit, put the Black and Milds down. I down care how much you need to suck on that stick in order to relax. If you have asthma, you better learn to eat an apple.
DIABETES - I know you don’t like raw vegetables and OOOOOOOO, that haagen daas looks good. Back AWAY from the table. Like Hypertension, some things just don’t mix.
3) Doctors can put information in your case that may be harmful to your case
There are two words that doctors can put in your notes that are DEVASTATING to your claim:
UNCONTROLLED - in most instances, this word can mean two things. One, your condition is so far gone that it doesn’t matter what you do, you can’t get it under control. Or TWO, your condition is not being controlled by you. In any event, you don’t want a judge to decide which one of these she wants to pick.
NONCOMPLIANT - this word is like a written FORK. If it’s there, you’re done as far that condition is concerned. Unless you can give a great reason why you haven’t been doing what the doctor TOLD you to do (that’s what non compliance means), then a judge may determine that you aren’t TRYING to get better.
Most people don’t realize that they bear the burden of proving they are disabled. As such, you must take all necessary to make sure you do what you need to do.
NEWS FLASH: ALMOST every source of money can impact your Supplemental Security Income (SSI) check so GET ready!
If you decide not to read the rest of this post, take this ONE sentence to heart if you are receiving Supplemental Security Income:
“EVERY SOURCE OF MONEY OR RESOURCES can affect your SSI CHECK!!”
WHOOOT, DERE IT IS, DAMMIT!!
I know you may think I’m being stank but it’s important that you understand how this program works. So here’s a few things that you need to consider:
1) SSI is a NEED BASED PROGRAM. The MORE you get from someone else, the LESS you need from SSI!
SSI is a Need Based Program. This means that if you are found disabled and you don’t have the financial ability to support yourself, you may be eligible for SSI. Recognize, if you get money or resources from some place else, your funds from SSI will be GREATLY reduced.
2) You can’t save TOO much SSI.
Now, I know it’s easy to want to keep a little to the side. Be careful because after a particular point, the amount of money you have saved will NOW become an asset that can count against you. (Unless you have Special Needs trust but that’s a WHOLE different topic)
3) If you get some extra money, spend it!
Ya’ll know what I”m talking about here. Someome dies and leaves you an extra house. You win the lottery. You slip and fell at a store and got a settlement. WOO HOO! It’s party time. So you decide that you are going to save your extra money and just live on your SSI and only USE your savings when you have to use it. WRONG!! If SSI is aware that you have extra funds, those funds are going to be counted against your SSI until you spend those funds down.
4) SSI is USE IT OR LOSE IT!
When I tell people SSI is USE IT or LOSE IT, I am really trying to tell them that if you get money from some other source that results in your benefits being reduced, after a period of time you may lose your SSI altogether.
5) They look at your house hold!
Do they look at your household?? OOOOO BUT YES!! They look at whether you are staying for free or if you have to pay rent. They look at the finances of the household as well. Like I said, they look at your household income
6) You can’t hide funds from the federal government so WHY try??
You do realize that almost every source of funding you receive is attached to your Social SEcurity number, don’t you? An IRA? Lottery? Settlement? All of these? Of course! Most of these sources have to report to the IRS so guess what happens when that information hits the system?? YOu guessed it!! SSA will find out.
7) When you get it, TELL!! After you spent it, TELL AGAIN!
Some people are fearful of telling people about the money they receive but I’m a firm believer that you save yourself SO much drama by being up front and being truthful. And after you spend the money, you want to make sure you take the time to go back and tell that you have spent all of the money so it doesn’t affect your SSI too much.
You got 12 months and then it’s GONE!!!!!!
Most people don’t realize that if your SSI benefits are discontinued, it is placed in a Suspended status. What is a suspended status? This means that if you tell SSA your situation has changed, you may be able to get your benefits reinstated. After 12 months, your status goes from suspended to terminated. What is a terminated stataus? This means that you have START OVER!!
9) Receipts! Receipts! Receipts! Keep them, save them, and show them!
This way is the best way to protect yourself. If you get some extra money, keep receipts because you want to be able to show SSA that you spent the money.
SSI is a tricky program because almost every little money from OTHER sources will affect it. Even more, they don’t always tell you that it is being affected until AFTER it has. Keep SSA in the loop about your financial changes so you don’t get caught off guard.
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
-
Brought to you by:
