Let me tell what a Social Security Disability medical appointment is NOT!!
WARNING!!! WARNING!! WARNING!!! I’m going to get JIGGY in this post so if you’re sensitive and your feelings get hurt easily, STOP READING NOW!
Ok, so you’ve applied for Social Security Disability. You get a letter in the mail telling you that you have an appointment with a doctor that they have scheduled for you. After much waiting, you are fired up and ready go to this doctor. You’re going to let her or him know what the REAL deal is.
It’s important to know that Social Security is within its authority to schedule you for a doctor’s visit in order to determine the extent of your disability. These evaluations are important and provide valuable information for SSA.
However, before you go, I want to let you know a few things so you don’t fall and bump your head.
Here are some things that these doctors ARE NOT:
1) IT IS NOT TIME FOR YOU TO LOSE YOUR DAMN MIND!!!
WHY? WHY? WHY are you in the doctor’s office going off?? What the hell is wrong with you??? Why are you cussing out the receptionist? Why are you being rude to the nurses? Why are you being mean to the doctors? Listen, if you are just looking to get kicked out of the appointment, then you definitely are on the right track. Trust me when I tell you this. These appointments are usually only a ‘one time thing’ so go in and get it over with and keep moving. You are NOT doing yourself any favors by losing your mind. If you do this, two things may happen. ONE, they may not examine you. If they don’t, this evidence (or lack of evidence) will hurt your case. TWO, they may make a note in their record (trust me, I’ve seen them) and judges aren’t moved by people who are nasty (not a good credible move).
2) IT IS NOT an appointment for you to get treatment!
When SSA schedules you an appointment, they usually are scheduling you for something specific. The doctors know what SSA wants them to examine you. In other words, if it’s a breathing test. Then, that’s all you’re going to get. If it’s a back evaluation, then that’s all you’re going to get. Remember, these doctors ain’t trying to be your friend or your primary. They are not going to prescribe meds. They are not going to send another doctor for follow up. So go in, do what they say (to the best of your ability) and keep rolling.
3) IT IS NOT for you to tell them about every condition that you have under the sun!
OOOOOOOO, this happens SOOOOOO many times and I can’t tell you how this PROLOOOOOOONGS your case! Here me when I say this, when you start your case with SSA, TELL THEM EVERYTHING THEN!!!!! AT the beginning of process, SSA wants to know what your problems are so they can medically develop them as necessary. Don’t stroll into the appointment and have a ‘BY THE WAY’ moment! What is a ‘BY THE WAY’ moment? It’s, quite simply, this! “BY THE WAY, my back hurts, too”, “BY THE WAY, I’m depressed!”, “BY THE WAY, I got diabetes!”. Why do I say this? Well, if you forgot to tell SSA about these other conditions, NOW, they have to GO BACK and re-evaluate and redevelop those medical conditions. In other words, by you telling the doctors ALL of these things that you SHOULD have said in the beginning, you are now ADDING time to your case.
4) IT IS NOT for you to decide what they should or should NOT be testing or examining!
Listen, like I said before, SSA is sending you to an appointment because they need something specific. I ain’t trying to be funny but you’re not SSA so you are in NO position to tell the doctor what they should or should NOT be doing. They are given specific instructions regarding what they should cover. You don’t have to like it but you need to respect it.
5) IT IS NOT for you to decide to NOT go to the appointment (unless you have an emergency)!
IF YOU DON’T GO TO THE APPOINTMENT, YOU WILL BE DELAYING THE PROCESSING OF YOUR CASE!!!! I know ya’ll are tired of all of my yelling but I really get frustrated. LOL. I know that alot of people are just not familiar aspects of the SSA case so it’s my position to get you up to speed. However, I can’t tell you the number of times I’ve had people who just DECIDED that they were not going to go to their scheduled appointment. It amazes every time. These appointments are necessary and important so unless you’re in an emergency situation, you need to go.
I know I may have been harsh but its important for you to understand that these appointments are a necessary part of the SSA process. It may be frustrating because a lot of you may not have a full appreciation for every piece of the puzzle but understand that this piece will help you but it can also hurt you. Be smart.
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
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.
Two magical points in Social Security: 18 years old and 65 years old
One of the toughest things to explain to people regarding Social Security is helping them understand that there are two points where Social Security takes significantly different turns. One, is when you turn 18 and the other is when you turn 65 (or 66 or 67 depending on when you were born). Here’s why:
The 18th YEAR
1) Child to Adult
Under the Social Security Regulations, a person is considered an adult at the age of 18. As a result, this means that your child is no longer considered a child under Social Security standards.
2) Benefits may end right away MAYBE
Most people don’t realize that the standards for disability is different for adults than it is for children. So if your child is getting disability benefits, you shouldn’t be surprised if Social Security makes the decision to either cut off your child’s benefits or review the file to determine if the child should continue receiving benefits at 18.
3) Benefits may continue
Under some circumstances, the benefits may continue. If the child is still in high school, the benefits may continue for a brief period. In addition, if Social Security determines the child meets the criteria for a disabled adult, the benefits may be continued as well.
4) Rep Payee Stops
Depending on the condition your child, once they turn 18, Social Security may determine that the child has the ability to manage their own funds. As a result, if a Representative Payee had previously been assigned, they may discontinue the Representative Payee services.
5) Parents may lose rights
The toughest part of the process is usually for the parents who have been used to having complete access to their child’s information. However, once the child has been determined to be an adult, the access to that information may ceases..
The 65th YEAR (or 66 or 67)
1) Disability and retirement is from the same pool of money
Most people don’t realize that once the person reaches retirement age (65, 66, or 67), the money you receive for disability automatically changes to retirement. Same money, different name.
2) You can apply for Disability even if you retired early
Some people decide to retire early but it is important to remember that if you retire early, you may be eligible to receive disability. It’s important to remember that when you retire early, you typically will only receive 80% of what you would have received had you reached full retirement age. Applying for disability before you reach retirement age may give you the ability to apply for the remaining 20%.
3) No more extra money
Sometimes people who retire think that they can get extra money by applying for disability. As stated above, if your application for disability benefits is for the period of time when you are eligible for retirement benefits, you are probably not going to get anything more than you have.
4) Disability reviews stop
Most importantly, the reviews stop. As most people know, Social Security can review your benefits to determine if you are still disabled. Once you hit retirement, it stops.
It’s tough because some people don’t realize that Social Security has different cut off points during the course of the Social Security Disability process. Understanding them, may make a difference.
How to deal with limited medical resources when applying for Social Security Disability
One of the toughest parts of Social Security Disability is the fact that when you apply, YOU have the burden of proving that you are disabled. The unfortunate part of the process is that most people who are applying don’t have the medical insurance in order to prove their case. As a result, these people are stuck in the position of trying to figure out HOW they are going to prove that they are unable to work.
I always hate being asked the question “How can I prove I’m disabled if I don’t have medical insurance?”. My usual answer is “do the best you can!”. This answer doesn’t provide much comfort but it is the unfortunate situation that most people find themselves in when they are applying for disability benefits.
However, here are a few things that you may want to think about when you are trying to get treatment:
1) Free Clinics. Contrary to popular, a lot of areas have free clinics to provide treatment to those who are underinsured or have no insurance.
2) Health Department. At the end of the day, the best place to start is the health department. Some counties provide limited health insurance to individuals and these programs are typically run by the health department.
3) University Medical Schools. Interestingly enough, alot of medical schools have special programs which enable them to provide treatment to the poor.
4) Community Health programs. Sometimes, non profit organization may provide limited health services and benefits to those with low income.
Most people don’t appreciate it when I say “Some treatment is better than no treatment. Get what you can.”. The simple fact is that most people don’t have the financial means to obtain the medical treatment they desire or require. As such, I encourage people to do whatever they can to obtain the medical treatment they need in order to prove their case.
