The Importance of Medical Records
There is no doubt that the most important aspect of a claimant’s Social Security Disability/Supplemental Security Income claim (SSD/SSI) lies in the content of his/her medical records. In fact, the Social Security Administration (SSA) defines disability as the inability to engage in any substantial gainful activity due to any medically determinable physical or mental impairment which can result in death or which has lasted or can last for a continuous period not less than 1 year.
The only way that one can prove a medically determinable impairment is by way of medical records. Of course, treating physicians and other medical providers are in charge of drafting these records. So, plainly stated, doctors hold the most important key in their patients’ SSD/SSI claims. However, it is not simply medical records what wins a disability claim but the content of those records.
Confirming a Patient’s Limitations
Different from what many people think, in order to determine whether someone is disabled, the SSA does not focus on medical conditions and diagnoses as much as they look for limitations caused by those conditions. It is in this respect that treating physicians can be their patients’ best allies.
When treating doctors not only describe a patient’s medical condition or diagnosis but also their specific physical or mental restrictions, they can give their patients powerful evidence of disability. This is essential in light of the fact that SSA often hires their own physicians and medical examiners that will comment on a claimant’s condition. For the most part, these doctors will only review records or examine a claimant once, and then render opinions (that in the overwhelming majority of the time) will be unfavorable to claimants.
Established Relationships are Key
Another reason why a treating physician’s opinion is such a powerful tool for a claimant in a disability case is found in the SSA’s own rules. Generally, the SSA will give more credence to the opinion of medical providers who have examined claimants than to the opinion of someone who has not. Further, the SSA will also give more weight to opinions from the claimant’s treating doctors since they have the best picture of his/her overall medical impairments and how they affect them (after all, they have been the ones monitoring the claimant’s medical state for a longer period of time). This means that if an individual’s doctor(s), based on the medical treatment he/she has provided them, finds that the claimant has limitations that are consistent with their medical history, tests and treatment, the doctor’s opinion will most likely have controlling weight. That’s why an established relationship with a doctor is of such high importance.
However, beware! Just going to a doctor a few times and getting a favorable opinion from him/her will probably not be given a lot of credit by the SSA. Also, if a doctor gives an opinion that their patient is disabled, but such opinion lacks specific limitations or medical support to back that opinion, it will likewise be given little or no weight. As a result, it is important for disability claimants to talk to their doctors about their limitations and make sure that any limitations or favorable opinions given by their doctors make it to the medical records.
Be Proactive!
In light of all this, remember that medical records, followed by a medical provider’s opinion stating that a claimant has limitations causing their disability, can win an SSD/SSI case regardless of what SSA’s hired “doctors” say or write. It is up to a patient-claimant to make sure that the records of his/her physician address those areas to improve their chances of success (confirming they have mental/physical limitations). In the end, no one will have more of an impact on an SSD/SSI claim than a claimant’s doctor.
If you would like more information about the Social Security Disability claims process, you can view the website of Rue & Ziffra, P.A. or call for a free consultation. We employ Social Security attorneys that are knowledgeable in many aspects of disability claims and other types of personal injury cases.
Rue & Ziffra, P.A., proudly serves areas throughout Volusia County and Flagler County, Florida, including, Port Orange, Daytona Beach, New Smyrna Beach, Edgewater, Ormond Beach, Palm Coast, Flagler Beach, DeLand, Deltona, Bunnell, Orange City, Sanford, Orlando and Leesburg.
The above entry is NOT LEGAL ADVICE and should not be intended or construed as such. It is intended only as general information. No individual reading it should act upon it. Reading this entry does not create any relationship between Rue & Ziffra, P.A. and individuals reading it. If you have questions or concerns, please seek professional legal counsel.
Showing posts with label Social Security Disability. Show all posts
Showing posts with label Social Security Disability. Show all posts
Thursday, March 24, 2011
Thursday, March 10, 2011
Medication Side Effects Can Help Your Disability Claim
There is a popular saying that goes, “Sometimes the cure is worse than the disease”. Speaking as a Social Security attorney, there is a lot of truth to that old adage and it is certainly applicable to many Social Security Disability claims. This is because, when an individual claims they are disabled, Social Security regulations state that those adjudicating the claim have to consider the claimant’s ability to perform work-like activities given his or her physical and/or mental limitations. This is known as a disability claimant’s “residual functional capacity”. As a result of the regulations, the Social Security Administration will examine one’s limitations and more specifically, their cause. It is in this evaluation where medication side effects come into play.
Medical conditions can cause a wide variety of symptoms, many of which may not be significant to cause functional limitations (a condition that causes a disability claimant to be limited in the work they can perform). Other conditions, however, may cause symptoms strong enough that only equally strong medication(s) can be used to control them. Unfortunately, many medications carry with them undesirable, yet common side effects.
The question, then, is what happens if a person’s symptoms are controlled with medications (and the limitations caused by those symptoms are no longer a major problem) but the side effects result in limitations as strong as the ones caused by the original symptoms? The answer is clear: Social Security will have to consider those side effects and the limitations they cause because, just as the original symptoms, they have an impact on a person’s residual functional capacity. Let’s look at back pain as an example. Back pain can cause significant pain that may result in a person’s inability to sit, walk, stand and carry objects for a reasonable period of time. In order to control the pain, doctors may prescribe a strong, narcotic medication. What often happens is that, although the medication will bring down or eliminate the level of pain, its side effects may significantly compromise the person’s ability to work. For instance, if the medication causes severe drowsiness, the individual may have trouble paying attention, concentrating, keeping up with their workflow or following instructions properly. In more serious cases, like ones involving cancer, the side effects associated with chemotherapy can have a devastating effect on a person’s ability to function. As a result, Social Security will have to evaluate those side effects and weigh them accordingly to determine whether or not they limit their ability to work.
In light of all this, it is important to remember one thing: If one of your prescribed drugs makes you tired, overly drowsy or sleepy, too emotional or even irrational, unable to drive, unable to concentrate or think clearly, or unable to remember things, this can have an impact on your claim for Social Security Disability benefits! Medication side effects that prevent you from working are as important as the symptoms that trigger the need for the medication(s) in the first place.
If you would like more information about Social Security Disability benefits, you can view the website of Rue & Ziffra, P.A. or call for a free consultation. We employ Social Security attorneys that are knowledgeable in many aspects of disability claims and other types of personal injury cases.
Rue & Ziffra, P.A., proudly serves areas throughout Volusia County and Flagler County, Florida, including, Port Orange, Daytona Beach, New Smyrna Beach, Edgewater, Ormond Beach, Palm Coast, Flagler Beach, DeLand, Deltona, Bunnell, Orange City, Sanford, Orlando and Leesburg.
The above entry is NOT LEGAL ADVICE and should not be intended or construed as such. It is intended only as general information. No individual reading it should act upon it. Reading this entry does not create any relationship between Rue & Ziffra, P.A. and individuals reading it. If you have questions or concerns, please seek professional legal counsel.
Medical conditions can cause a wide variety of symptoms, many of which may not be significant to cause functional limitations (a condition that causes a disability claimant to be limited in the work they can perform). Other conditions, however, may cause symptoms strong enough that only equally strong medication(s) can be used to control them. Unfortunately, many medications carry with them undesirable, yet common side effects.
The question, then, is what happens if a person’s symptoms are controlled with medications (and the limitations caused by those symptoms are no longer a major problem) but the side effects result in limitations as strong as the ones caused by the original symptoms? The answer is clear: Social Security will have to consider those side effects and the limitations they cause because, just as the original symptoms, they have an impact on a person’s residual functional capacity. Let’s look at back pain as an example. Back pain can cause significant pain that may result in a person’s inability to sit, walk, stand and carry objects for a reasonable period of time. In order to control the pain, doctors may prescribe a strong, narcotic medication. What often happens is that, although the medication will bring down or eliminate the level of pain, its side effects may significantly compromise the person’s ability to work. For instance, if the medication causes severe drowsiness, the individual may have trouble paying attention, concentrating, keeping up with their workflow or following instructions properly. In more serious cases, like ones involving cancer, the side effects associated with chemotherapy can have a devastating effect on a person’s ability to function. As a result, Social Security will have to evaluate those side effects and weigh them accordingly to determine whether or not they limit their ability to work.
In light of all this, it is important to remember one thing: If one of your prescribed drugs makes you tired, overly drowsy or sleepy, too emotional or even irrational, unable to drive, unable to concentrate or think clearly, or unable to remember things, this can have an impact on your claim for Social Security Disability benefits! Medication side effects that prevent you from working are as important as the symptoms that trigger the need for the medication(s) in the first place.
If you would like more information about Social Security Disability benefits, you can view the website of Rue & Ziffra, P.A. or call for a free consultation. We employ Social Security attorneys that are knowledgeable in many aspects of disability claims and other types of personal injury cases.
Rue & Ziffra, P.A., proudly serves areas throughout Volusia County and Flagler County, Florida, including, Port Orange, Daytona Beach, New Smyrna Beach, Edgewater, Ormond Beach, Palm Coast, Flagler Beach, DeLand, Deltona, Bunnell, Orange City, Sanford, Orlando and Leesburg.
The above entry is NOT LEGAL ADVICE and should not be intended or construed as such. It is intended only as general information. No individual reading it should act upon it. Reading this entry does not create any relationship between Rue & Ziffra, P.A. and individuals reading it. If you have questions or concerns, please seek professional legal counsel.
Monday, February 21, 2011
How to Use Social Security’s Rules to Your Advantage
Are You At Least Fifty Years Old? Use “The Grid” to Your Advantage!
Social Security defines the term disability as the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or expected to last for a continuous period of not less than 12 months.” To put this more simply, an individual is not considered disabled as long as he or she has the mental and physical ability to perform any job that exists in sufficient numbers in the national economy of the United States. And when the Social Security Administration says “any job” you better believe that they mean exactly that.
So, the question is, assuming that you can no longer do any of the work that you did in the past but you can perform a different job (that often times may not require you to exert yourself as much) are you not considered disabled? For the most part, the answer will be no, you are not…unless you meet certain disability criteria found in the Medical-Vocational Guidelines, also known as “the Grid”.
What is the Grid?
In order to determine whether you are disabled, Social Security examines the status of your residual functional capacity, (the state of your physical and mental ability to work after taking into account your medical impairments) your age, your education and your previous work experience. Social Security will often compare these categories against a set of guidelines, called the Medical-Vocational guidelines, to determine an individual’s disability. Although they will examine each state of your medical condition and past work experience, they will look primarily at your physical ability to do work. To make this process easier, the categories and guidelines have been arranged in the form of a grid, which you can review here: http://www.ssa.gov/OP_Home/cfr20/404/404-ap11.htm.
In order to determine whether you are disabled, Social Security examines the status of your residual functional capacity, (the state of your physical and mental ability to work after taking into account your medical impairments) your age, your education and your previous work experience. Social Security will often compare these categories against a set of guidelines, called the Medical-Vocational guidelines, to determine an individual’s disability. Although they will examine each state of your medical condition and past work experience, they will look primarily at your physical ability to do work. To make this process easier, the categories and guidelines have been arranged in the form of a grid, which you can review here: http://www.ssa.gov/OP_Home/cfr20/404/404-ap11.htm.
How Can I Use the Grid to My Advantage?
Individuals who are 50 years old or more and who have had past relevant work involving duties with heavy exertion can often find an advantage with using the Grid to claim their disability. So, for example, if a 50 year old person with a high school education whose past relevant work involved heavy lifting or exertion is now limited to a sit down job where the skills he has acquired during his working history are not usable, he or she could still be found disabled. Imagine that; a person has the capacity to do a job but is still awarded disability benefits, courtesy of Social Security’s own rules!
Individuals who are 50 years old or more and who have had past relevant work involving duties with heavy exertion can often find an advantage with using the Grid to claim their disability. So, for example, if a 50 year old person with a high school education whose past relevant work involved heavy lifting or exertion is now limited to a sit down job where the skills he has acquired during his working history are not usable, he or she could still be found disabled. Imagine that; a person has the capacity to do a job but is still awarded disability benefits, courtesy of Social Security’s own rules!
Keep in mind that the grid does not apply in all cases. The Social Security Administration is often very particular about awarding disability based on the grid’s guidelines. However, it does give an almost automatic advantage to Social Security Disability claimants that are at least 50 years old and have done past work that required more exertion than jobs requiring sitting for most of the day.
As always, it is important for you to work with your doctors in establishing your physical limitations (as opposed to just verifying your medical conditions) in order to prove that you cannot do your past relevant work. Once you prove that, the grid can be your way to being approved for disability benefits.
This article was submitted by Social Security Disability Attorney, Luis Gracia from Rue & Ziffra, P.A. Rue & Ziffra, P.A. is a Florida personal injury law firm located in Daytona Beach, serving those who are injured in various types of injury claims, from automobile accidents to Social Security Disability claims.
Rue & Ziffra, P.A., proudly serves areas throughout Volusia County and Flagler County, Florida, including, Port Orange, Daytona Beach, New Smyrna Beach, Edgewater, Ormond Beach, Palm Coast, Flagler, DeLand, Deltona, Bunnell, Orange City, Sanford, Orlando and Leesburg.
The above entry is NOT LEGAL ADVICE and should not be intended or construed as such. It is intended only as general information. No individual reading it should act upon it. Reading this entry does not create any relationship between Rue & Ziffra, P.A. and individuals reading it. If you have questions or concerns, please seek professional legal counsel.
The above entry is NOT LEGAL ADVICE and should not be intended or construed as such. It is intended only as general information. No individual reading it should act upon it. Reading this entry does not create any relationship between Rue & Ziffra, P.A. and individuals reading it. If you have questions or concerns, please seek professional legal counsel.
Monday, February 14, 2011
On The Record Request: A Short-Cut to Receive Disability Benefits
So you have received your second Social Security Disability denial. The denial letter says that another person took a look at your claim and still determined that you are not considered disabled. Your only option now is to file a request for a hearing in front of an administrative law judge. Yet, you find out that the Social Security Administration is taking over a year to schedule hearings. On the other hand, you know you are disabled. Your doctor (or doctors) claims you are disabled. What should you do now? Well, now is the time when you can seek out an experienced Social Security Disability Attorney to put his/her skills at work to try and get you approved for benefits.
Hearings vs. On the Record Requests
After your request for hearing is filed, your claim will be transferred to the Office of Disability Adjudications and Review, better known as ODAR. Once the files reach ODAR, they are assigned to an administrative law judge and scheduled for a hearing. However, the reality is that many judges sometimes receive such an overwhelming amount of caseloads that it is almost impossible for them to quickly review all files that come to their respective ODAR’s. This can be made into an even more complicated situation if the evidence on the records proves that the claimant filing a hearing is indeed disabled. Instead of holding a hearing where evidence of disability is obvious, judges will often suggest that an “on the record request” be made.
How are On the Record Requests Beneficial?
An on the record request is a written petition sent to the ODAR that seeks a favorable decision (i.e. approval for an individual’s Social Security Disability claim) without the necessity of a hearing. By the time a case is being set for hearing, the bulk of a claimant’s medical treatment is already completed and/or available in the form of written records. If this is the case, you (or preferably your Social Security Disability attorney) should be able to present the specific medical conditions and limitations that bring about your disability as well as each individual piece of documentation that supports these limitations.
If your medical records show that your medical condition meets or equals one of the Social Security impairment listings, an on the record request can be a quick and easy way to prove your disability claim to a judge without waiting for a hearing.
Not every Social Security Disability claim is fit for an on the record request, however. If the record is devoid of specific medical limitations, does not clearly support the limitations you claim as a result of your disability or presents a conflicting issue as to whether you could still perform a job even with the limitations you are claiming, the on the record request will most likely be denied. If this happens, do not think that you will not prevail in your claim. It simply means that you will have to request and appear at a hearing.
Summing it All Up
If you are filing or have filed for Social Security Disability benefits, do not be disappointed if you initially get denied. Remember to work with your medical provider to have them establish your medical limitations or develop your medical evidence. You need their support and claim that your condition is indeed disabling and that you qualify under a Social Security impairment listing. The moment these limitations are established (or you have maintained sufficient medical support to prove you meet the requirements for disability) either submit or have your Social Security Disability attorney submit an on the record request. You have really nothing to lose by doing this, and the upside could be receiving an approval of Social Security benefits without months of waiting for a hearing!
If you or someone you know would like more information about Social Security Disability, do not hesitate to contact the Personal Injury attorneys at Rue & Ziffra, P.A. We have a Social Security Disability staff that is knowledgeable in various aspects of the processes of Social Security Disability. For your free consultation, call toll free (888) 246-8613 or visit us at http://www.rueziffra.com.
Rue & Ziffra, P.A., proudly serving areas throughout Volusia County, Florida including, Port Orange, Daytona Beach, New Smyrna Beach, Edgewater, Ormond Beach, Palm Coast, DeLand, Deltona, Bunnell, Orange City and Sanford.
The above entry is NOT LEGAL ADVICE and should not be intended or construed as such. It is intended only as general information. No individual reading it should act upon it. Reading this entry does not create any relationship between Rue & Ziffra, P.A. and individuals reading it. If you have questions or concerns, please seek professional legal counsel.
Hearings vs. On the Record Requests
After your request for hearing is filed, your claim will be transferred to the Office of Disability Adjudications and Review, better known as ODAR. Once the files reach ODAR, they are assigned to an administrative law judge and scheduled for a hearing. However, the reality is that many judges sometimes receive such an overwhelming amount of caseloads that it is almost impossible for them to quickly review all files that come to their respective ODAR’s. This can be made into an even more complicated situation if the evidence on the records proves that the claimant filing a hearing is indeed disabled. Instead of holding a hearing where evidence of disability is obvious, judges will often suggest that an “on the record request” be made.
How are On the Record Requests Beneficial?
An on the record request is a written petition sent to the ODAR that seeks a favorable decision (i.e. approval for an individual’s Social Security Disability claim) without the necessity of a hearing. By the time a case is being set for hearing, the bulk of a claimant’s medical treatment is already completed and/or available in the form of written records. If this is the case, you (or preferably your Social Security Disability attorney) should be able to present the specific medical conditions and limitations that bring about your disability as well as each individual piece of documentation that supports these limitations.
If your medical records show that your medical condition meets or equals one of the Social Security impairment listings, an on the record request can be a quick and easy way to prove your disability claim to a judge without waiting for a hearing.
Not every Social Security Disability claim is fit for an on the record request, however. If the record is devoid of specific medical limitations, does not clearly support the limitations you claim as a result of your disability or presents a conflicting issue as to whether you could still perform a job even with the limitations you are claiming, the on the record request will most likely be denied. If this happens, do not think that you will not prevail in your claim. It simply means that you will have to request and appear at a hearing.
Summing it All Up
If you are filing or have filed for Social Security Disability benefits, do not be disappointed if you initially get denied. Remember to work with your medical provider to have them establish your medical limitations or develop your medical evidence. You need their support and claim that your condition is indeed disabling and that you qualify under a Social Security impairment listing. The moment these limitations are established (or you have maintained sufficient medical support to prove you meet the requirements for disability) either submit or have your Social Security Disability attorney submit an on the record request. You have really nothing to lose by doing this, and the upside could be receiving an approval of Social Security benefits without months of waiting for a hearing!
If you or someone you know would like more information about Social Security Disability, do not hesitate to contact the Personal Injury attorneys at Rue & Ziffra, P.A. We have a Social Security Disability staff that is knowledgeable in various aspects of the processes of Social Security Disability. For your free consultation, call toll free (888) 246-8613 or visit us at http://www.rueziffra.com.
Rue & Ziffra, P.A., proudly serving areas throughout Volusia County, Florida including, Port Orange, Daytona Beach, New Smyrna Beach, Edgewater, Ormond Beach, Palm Coast, DeLand, Deltona, Bunnell, Orange City and Sanford.
The above entry is NOT LEGAL ADVICE and should not be intended or construed as such. It is intended only as general information. No individual reading it should act upon it. Reading this entry does not create any relationship between Rue & Ziffra, P.A. and individuals reading it. If you have questions or concerns, please seek professional legal counsel.
Monday, February 7, 2011
Applying for Social Security Disability: What to Do to Make a Strong Case
Submitting a Social Security Disability application and going through the claims process can be a challenging task for anyone, let alone someone who is ill and disabled. This is because the Social Security Administration has set policies and procedures in place that strictly guide how a claim is processed and evaluated.
Contrary to what you may think, many disabled individuals try to fight for Social Security benefits alone, without legal representation from an attorney. What’s worse, is that they often “go into battle” unprepared, not knowing what to say or how to prove that they are indeed disabled. This is a truly unfortunate circumstance, especially when justly disabled people get denied for benefits when maybe they could have said or done a few things differently.
Although there is no particular tip that can guarantee an individual approval for Social Security Disability benefits, there are some ways to help make your case stronger, whether you seek out legal representation from a lawyer or choose to do it alone:
Gain support from your doctor
It is crucial that your physician supports your claim for Social Security Disability benefits. They are the one that has been treating you directly for your disabling condition and they can give credit to your physical expectations and limitations. Lack of a medical diagnosis backing up your disability can often be the reason you get denied.
One advantage to hiring a Social Security Disability attorney to represent your claim is that they can order your doctor to complete a Residual Functional Capacity Assessment form. This is a form that can be filled out by your treating physician that states, point by point, the details and limitations of your disability. For example, this form will include questions such as how much you can lift and for how long can you stand or sit during a given period. Having your doctor fill out this form can help you develop the medical evidence necessary to win your case.
It is important to realize that, although getting supportive medical treatment can make your case for disability stronger, receiving consistent, supportive medical care is even better. This simply means to stick with one or two physicians and don’t skip out on any appointments!
Focus on your limitations
The Social Security Administration often judges an individual as being truly disabled by the limitations they have as a result of their disability. Instead of emphasizing the general medical diagnosis given to you by your doctor, focus on communicating to the administration how your disability limits you to do certain things, and how these limitations affect your ability to continue working.
There are three main types of limitations that can result from a disability:
1.Postural – Physical limitations such as experiencing difficulty with balance, problems with sitting and/or standing too long and difficulty reaching for and/or handling objects.
2.Environmental – Limitations concerning your surroundings, such as having difficulty being exposed to certain temperatures.
3.Mental – Limitations concerning your mental state, such as having difficulty understanding instructions or concentrating for certain periods of time.
Give complete information
From the time you first apply for Social Security Disability benefits to when you are talking to a judge in a hearing, always give complete information regarding your disability. Make sure that the Social Security Administration is aware of all the medical providers treating you and how to contact them. Also, inform the administration (and your doctors) of any and all medical ailments you have. This includes both physical and mental conditions. The administration is required to consider all of your medical conditions, individually and in combination, to determine whether you are disabled.
Understand the Social Security Administration Process
Although hiring an attorney can greatly help an individual successfully receive disability benefits, it is important for everyone filing a Social Security Disability claim to know and understand how the process works. Knowing what’s expected of you right from the beginning can help to increase your chances of receiving benefits, not to mention save you time and frustration if “issues” occur.
Along with understanding the process of filing for Social Security Disability benefits, it also proves important to know and understand the administration’s language. The government has adopted and continues to reinvent a system filled with acronyms and numbers. In order to communicate effectively with them, you must learn what they are (and will be) saying!
Filing for Social Security Disability benefits doesn’t have to be intimidating, and it sure doesn’t have to be straining on someone who is already suffering from a disability. If you or someone you love would like more information on Social Security Disability, please contact the Flagler County personal injury attorneys at Rue & Ziffra, P.A. for your free consultation.
The above entry is NOT LEGAL ADVICE and should not be intended or construed as such. It is intended only as general information. No individual reading it should act upon it. Reading this entry does not create any relationship between Rue & Ziffra, P.A. and individuals reading it. If you have questions or concerns, please seek professional legal counsel.
Contrary to what you may think, many disabled individuals try to fight for Social Security benefits alone, without legal representation from an attorney. What’s worse, is that they often “go into battle” unprepared, not knowing what to say or how to prove that they are indeed disabled. This is a truly unfortunate circumstance, especially when justly disabled people get denied for benefits when maybe they could have said or done a few things differently.
Although there is no particular tip that can guarantee an individual approval for Social Security Disability benefits, there are some ways to help make your case stronger, whether you seek out legal representation from a lawyer or choose to do it alone:
Gain support from your doctor
It is crucial that your physician supports your claim for Social Security Disability benefits. They are the one that has been treating you directly for your disabling condition and they can give credit to your physical expectations and limitations. Lack of a medical diagnosis backing up your disability can often be the reason you get denied.
One advantage to hiring a Social Security Disability attorney to represent your claim is that they can order your doctor to complete a Residual Functional Capacity Assessment form. This is a form that can be filled out by your treating physician that states, point by point, the details and limitations of your disability. For example, this form will include questions such as how much you can lift and for how long can you stand or sit during a given period. Having your doctor fill out this form can help you develop the medical evidence necessary to win your case.
It is important to realize that, although getting supportive medical treatment can make your case for disability stronger, receiving consistent, supportive medical care is even better. This simply means to stick with one or two physicians and don’t skip out on any appointments!
Focus on your limitations
The Social Security Administration often judges an individual as being truly disabled by the limitations they have as a result of their disability. Instead of emphasizing the general medical diagnosis given to you by your doctor, focus on communicating to the administration how your disability limits you to do certain things, and how these limitations affect your ability to continue working.
There are three main types of limitations that can result from a disability:
1.Postural – Physical limitations such as experiencing difficulty with balance, problems with sitting and/or standing too long and difficulty reaching for and/or handling objects.
2.Environmental – Limitations concerning your surroundings, such as having difficulty being exposed to certain temperatures.
3.Mental – Limitations concerning your mental state, such as having difficulty understanding instructions or concentrating for certain periods of time.
Give complete information
From the time you first apply for Social Security Disability benefits to when you are talking to a judge in a hearing, always give complete information regarding your disability. Make sure that the Social Security Administration is aware of all the medical providers treating you and how to contact them. Also, inform the administration (and your doctors) of any and all medical ailments you have. This includes both physical and mental conditions. The administration is required to consider all of your medical conditions, individually and in combination, to determine whether you are disabled.
Understand the Social Security Administration Process
Although hiring an attorney can greatly help an individual successfully receive disability benefits, it is important for everyone filing a Social Security Disability claim to know and understand how the process works. Knowing what’s expected of you right from the beginning can help to increase your chances of receiving benefits, not to mention save you time and frustration if “issues” occur.
Along with understanding the process of filing for Social Security Disability benefits, it also proves important to know and understand the administration’s language. The government has adopted and continues to reinvent a system filled with acronyms and numbers. In order to communicate effectively with them, you must learn what they are (and will be) saying!
Filing for Social Security Disability benefits doesn’t have to be intimidating, and it sure doesn’t have to be straining on someone who is already suffering from a disability. If you or someone you love would like more information on Social Security Disability, please contact the Flagler County personal injury attorneys at Rue & Ziffra, P.A. for your free consultation.
The above entry is NOT LEGAL ADVICE and should not be intended or construed as such. It is intended only as general information. No individual reading it should act upon it. Reading this entry does not create any relationship between Rue & Ziffra, P.A. and individuals reading it. If you have questions or concerns, please seek professional legal counsel.
Social Security Disability Hearings: Why Representation is a Necessity
When it comes to Social Security Disability (and possibly all legal claims in general), there is nothing that places individuals on edge more than the word “trial”. A trial, which can be defined as the process where parties to a dispute come together to present evidence in a tribunal with the authority to adjudicate those disputes, is a serious and important event in the life of any claim. Both plaintiffs and defendants understand this importance. As a result, very few trials take place without attorneys present to represent the interests of their clients. Yet, when it comes to Social Security Disability cases, it is surprising to know that many individuals don’t seek representation from a lawyer when going to their disability hearing.
Social Security Disability hearings are intended to be informal events designed to allow the claimant to tell the judge the reasons why he or she can no longer work. However, many individuals (mistakenly) overlook a hearing because they do not relate it to being a “trial”. Unlike a trial, a hearing doesn’t follow the rules of civil procedure or evidence, is supposed to be non-adversarial and lasts only about 30 minutes to an hour. On the other hand, trials are much more formal, where procedure is strictly followed, and can potentially take months to resolve. Also, parties are typically subjected to examination from attorneys on both sides.
Although a hearing and a trial may seem obviously different, the reality is that when it comes to someone’s Social Security Disability claim, their hearing is really their trial.
Claimants filing for disability benefits often claim that they want their day in “court.” What they don’t realize, though, is that they will get it, albeit in a different way. If you look deeper at the hearing process, you will begin to see how it relates to a court trial:
•Before a hearing, claimants will have to first review their file and decide whether their record is complete and accurate. This is because if they fail to point out inaccuracies or incompleteness of exhibits in the record, they may receive a waiver of that issue.
•They will be placed under oath.
•They may be expected to make an opening statement where they will have to state the theory of their case, i.e., under what basis or authority they claim to be disabled.
•They will be subjected to questions from an administrative law judge. Although not often, sometimes judges can ask totally objectionable questions and just like in the case of exhibits, failure to object to the questions can result in a waiver.
•They may face vocational experts and/or medical experts and will have the chance to examine or cross-examine them. A claimant’s inability to properly question an expert can be fatal to their claim.
•Finally, claimants are many times asked for a closing argument. Not knowing what to argue may leave the record devoid of important issues for appeal.
So, with all of that said, the question is simple: being that Social Security Disability hearings are basically “light” versions of bench trials, why would anyone go to a hearing unrepresented? Considering that the disability process is so long and daunting, it makes sense to be as prepared as possible. A Social Security Disability attorney will make sure that his or her client’s interests are well protected. After all, lawyers representing disabled individuals only get compensated if they secure benefits for their clients.
Don’t make the mistake of trying to go through a hearing alone. Remember the old saying that goes “He who represents himself has a fool for a client”? Well, that is certainly true in Social Security Disability law. Going through the process alone is a risk that you should not bear. You have too much to lose.
If you or a loved one would like to receive more information about Social Security Disability representation, please contact the Volusia County personal injury attorneys at Rue & Ziffra, P.A. for your free consultation today.
The above entry is NOT LEGAL ADVICE and should not be intended or construed as such. It is intended only as general information. No individual reading it should act upon it. Reading this entry does not create any relationship between Rue & Ziffra, P.A. and individuals reading it. If you have questions or concerns, please seek professional legal counsel.
Social Security Disability hearings are intended to be informal events designed to allow the claimant to tell the judge the reasons why he or she can no longer work. However, many individuals (mistakenly) overlook a hearing because they do not relate it to being a “trial”. Unlike a trial, a hearing doesn’t follow the rules of civil procedure or evidence, is supposed to be non-adversarial and lasts only about 30 minutes to an hour. On the other hand, trials are much more formal, where procedure is strictly followed, and can potentially take months to resolve. Also, parties are typically subjected to examination from attorneys on both sides.
Although a hearing and a trial may seem obviously different, the reality is that when it comes to someone’s Social Security Disability claim, their hearing is really their trial.
Claimants filing for disability benefits often claim that they want their day in “court.” What they don’t realize, though, is that they will get it, albeit in a different way. If you look deeper at the hearing process, you will begin to see how it relates to a court trial:
•Before a hearing, claimants will have to first review their file and decide whether their record is complete and accurate. This is because if they fail to point out inaccuracies or incompleteness of exhibits in the record, they may receive a waiver of that issue.
•They will be placed under oath.
•They may be expected to make an opening statement where they will have to state the theory of their case, i.e., under what basis or authority they claim to be disabled.
•They will be subjected to questions from an administrative law judge. Although not often, sometimes judges can ask totally objectionable questions and just like in the case of exhibits, failure to object to the questions can result in a waiver.
•They may face vocational experts and/or medical experts and will have the chance to examine or cross-examine them. A claimant’s inability to properly question an expert can be fatal to their claim.
•Finally, claimants are many times asked for a closing argument. Not knowing what to argue may leave the record devoid of important issues for appeal.
So, with all of that said, the question is simple: being that Social Security Disability hearings are basically “light” versions of bench trials, why would anyone go to a hearing unrepresented? Considering that the disability process is so long and daunting, it makes sense to be as prepared as possible. A Social Security Disability attorney will make sure that his or her client’s interests are well protected. After all, lawyers representing disabled individuals only get compensated if they secure benefits for their clients.
Don’t make the mistake of trying to go through a hearing alone. Remember the old saying that goes “He who represents himself has a fool for a client”? Well, that is certainly true in Social Security Disability law. Going through the process alone is a risk that you should not bear. You have too much to lose.
If you or a loved one would like to receive more information about Social Security Disability representation, please contact the Volusia County personal injury attorneys at Rue & Ziffra, P.A. for your free consultation today.
The above entry is NOT LEGAL ADVICE and should not be intended or construed as such. It is intended only as general information. No individual reading it should act upon it. Reading this entry does not create any relationship between Rue & Ziffra, P.A. and individuals reading it. If you have questions or concerns, please seek professional legal counsel.
Top 5 Things to Avoid When Filing a Social Security Disability Claim
The Social Security Disability (SSD) claim process is both complicated and difficult. Trying to understand the multitude of Social Security regulations, standards and procedures can be a daunting task for any potential claimant. Although attorneys and representatives handling disability claims often give advice as to ways to maximize the chances of getting a claim approved, many times disabled individuals with solid claims are denied because of things that they should not have done, or things that they should have done but failed to do.
Below are the 5 most common mistakes that I see individuals filing for Social Security Disability make which hurt or eliminate their chances of being awarded disability benefits.
Waiting too long to apply
The quicker you apply for disability after recognizing that you will not be able to remain in the workforce, the quicker your period of eligibility for disability benefits is protected. Waiting too long to apply for benefits can result in the loss of your disability insured status; meaning that even if you are physically or mentally disabled, you will not qualify for benefits because you will not have enough credits to be insured. Although you may still qualify for disability under the Supplemental Security Income (SSI) program, strict financial requirements have to be met for eligibility under SSI.
Also, upon approval, claimants that apply for SSD are only entitled to receive back benefits not exceeding 1 year before their application date regardless of the date they are found to be disabled. (Those that qualify for SSI are only entitled to receive benefits from the date of their application) Therefore, promptly applying for disability benefits may result in receiving a larger back benefit award.
Not giving Social Security complete information
Frequently, I see disability denials where the information used by Social Security to evaluate the claim is incomplete. First of all, make sure you disclose all of your medical providers and their contact information in your initial application. Social Security is not going to “hunt down” this information from you if it is not provided to them in the beginning.
Secondly, disclose all of your medical conditions to the Social Security Administration. Too often I see claimants that focus only on a specific condition that they believe is causing them the most problems. However, the Social Security Administration is required to consider all of your medical conditions, individually and in combination, to determine whether you are disabled. Be sure to be specific as to the symptoms you are experiencing for each condition.
Finally, when it comes to your past relevant work, be detailed in the description of your physical and mental activities.
Focusing on medical conditions and not on limitations
The magic word in the world of real estate is location. The magic word in Social Security Disability law is limitations. You have to be specific as to the physical or mental limitations that you have as a result of your disabling medical conditions.
Quite frequently I see claimants who tell me that the reason why they believe they cannot work is because of their bad back, heart, depression, etc. These medical conditions are not limitations. Limitations are the individual physical and/or mental restrictions caused by the symptoms flowing from your medical conditions. In other words, in what ways are you limited in doing certain activities as a result of your medical conditions?
Why are limitations so important? Because depending on the degree of your limitations the most important factor in performing and keeping employment will be eliminated: Reliability. If you are not reliable to perform a job as it is normally performed, you will not be able to keep competitive employment. So, remember to focus on your physical or mental limitations.
Relying on your own “common sense” to win the case
You have to prepare your case according to what Social Security is looking for and not what you believe makes sense. Believe me, common sense is not necessarily required in the pursuit of Social Security Disability benefits.
The following “common sense” issues are irrelevant (i.e., do not count) in the disability review process:
•That you cannot think who in their right mind would give you a job with the medical condition(s) you have
•That the possible, hypothetical, job Social Security says you could do pays very little
•That you have never done that hypothetical job in your life and have never trained for it
•That the hypothetical job Social Security says you can do does not exist in your city, county or state and even if it does there are no openings for it
•That the hypothetical job Social Security says you can do is something that you have never even considered doing
All of these factors do not come into play when Social Security is evaluating your case. Instead, concentrate in proving why you cannot be expected to complete a work week without physical and/or mental interruptions.
Not using time to your advantage
It is true that it can take a long time from your initial application to the adjudication of your claim. However, you should do your best to use the amount of time it takes to process a disability claim to your advantage. Time gives you the opportunity to develop your claim. If your claim is weak on specific limitations, use the time to strengthen that aspect of the case. A rather weak claim at the time of the initial application can be made into a strong claim by the time your case is ready to go be heard by a judge.
Always remember that if your Social Security claim is approved you will be entitled to receive back benefits. That means that the government has to compensate you for the time you spent going through the process to receive your approval.
The above entry is NOT LEGAL ADVICE and should not be intended or construed as such. It is intended only as general information. No individual reading it should act upon it. Reading this entry does not create any relationship between Rue & Ziffra, P.A. and individuals reading it. If you have questions or concerns, please seek professional legal counsel.
Below are the 5 most common mistakes that I see individuals filing for Social Security Disability make which hurt or eliminate their chances of being awarded disability benefits.
Waiting too long to apply
The quicker you apply for disability after recognizing that you will not be able to remain in the workforce, the quicker your period of eligibility for disability benefits is protected. Waiting too long to apply for benefits can result in the loss of your disability insured status; meaning that even if you are physically or mentally disabled, you will not qualify for benefits because you will not have enough credits to be insured. Although you may still qualify for disability under the Supplemental Security Income (SSI) program, strict financial requirements have to be met for eligibility under SSI.
Also, upon approval, claimants that apply for SSD are only entitled to receive back benefits not exceeding 1 year before their application date regardless of the date they are found to be disabled. (Those that qualify for SSI are only entitled to receive benefits from the date of their application) Therefore, promptly applying for disability benefits may result in receiving a larger back benefit award.
Not giving Social Security complete information
Frequently, I see disability denials where the information used by Social Security to evaluate the claim is incomplete. First of all, make sure you disclose all of your medical providers and their contact information in your initial application. Social Security is not going to “hunt down” this information from you if it is not provided to them in the beginning.
Secondly, disclose all of your medical conditions to the Social Security Administration. Too often I see claimants that focus only on a specific condition that they believe is causing them the most problems. However, the Social Security Administration is required to consider all of your medical conditions, individually and in combination, to determine whether you are disabled. Be sure to be specific as to the symptoms you are experiencing for each condition.
Finally, when it comes to your past relevant work, be detailed in the description of your physical and mental activities.
Focusing on medical conditions and not on limitations
The magic word in the world of real estate is location. The magic word in Social Security Disability law is limitations. You have to be specific as to the physical or mental limitations that you have as a result of your disabling medical conditions.
Quite frequently I see claimants who tell me that the reason why they believe they cannot work is because of their bad back, heart, depression, etc. These medical conditions are not limitations. Limitations are the individual physical and/or mental restrictions caused by the symptoms flowing from your medical conditions. In other words, in what ways are you limited in doing certain activities as a result of your medical conditions?
Why are limitations so important? Because depending on the degree of your limitations the most important factor in performing and keeping employment will be eliminated: Reliability. If you are not reliable to perform a job as it is normally performed, you will not be able to keep competitive employment. So, remember to focus on your physical or mental limitations.
Relying on your own “common sense” to win the case
You have to prepare your case according to what Social Security is looking for and not what you believe makes sense. Believe me, common sense is not necessarily required in the pursuit of Social Security Disability benefits.
The following “common sense” issues are irrelevant (i.e., do not count) in the disability review process:
•That you cannot think who in their right mind would give you a job with the medical condition(s) you have
•That the possible, hypothetical, job Social Security says you could do pays very little
•That you have never done that hypothetical job in your life and have never trained for it
•That the hypothetical job Social Security says you can do does not exist in your city, county or state and even if it does there are no openings for it
•That the hypothetical job Social Security says you can do is something that you have never even considered doing
All of these factors do not come into play when Social Security is evaluating your case. Instead, concentrate in proving why you cannot be expected to complete a work week without physical and/or mental interruptions.
Not using time to your advantage
It is true that it can take a long time from your initial application to the adjudication of your claim. However, you should do your best to use the amount of time it takes to process a disability claim to your advantage. Time gives you the opportunity to develop your claim. If your claim is weak on specific limitations, use the time to strengthen that aspect of the case. A rather weak claim at the time of the initial application can be made into a strong claim by the time your case is ready to go be heard by a judge.
Always remember that if your Social Security claim is approved you will be entitled to receive back benefits. That means that the government has to compensate you for the time you spent going through the process to receive your approval.
The above entry is NOT LEGAL ADVICE and should not be intended or construed as such. It is intended only as general information. No individual reading it should act upon it. Reading this entry does not create any relationship between Rue & Ziffra, P.A. and individuals reading it. If you have questions or concerns, please seek professional legal counsel.
How to Apply for Social Security Disability Benefits
What You Need and What You Need to Do
How to Apply
To begin the application process for a Social Security Disability claim, you must first schedule an interview with the Social Security Administration. This can be done by calling 1-800-772-1213 and setting up a telephone or in-person interview.
What You Will Need
When applying for Social Security Disability benefits, you must be prepared to provide the Social Security Administration with various pieces of information. The information you will need to provide includes:
What You Will Need
When applying for Social Security Disability benefits, you must be prepared to provide the Social Security Administration with various pieces of information. The information you will need to provide includes:
•An original or certified copy of your birth certificate
•Your most recent wage documents such as a W-2 form and pay stub from when you last worked
•A list of ALL medical providers that have treated you for your disability, including their name, address and telephone numbers
•Copies of any medical records in your possession documenting treatment for your disability
Tips to Help Maximize Your Claim
Many individuals feel that they can be approved for Social Security Disability benefits by simply stating to the Social Security Administration their physical ailments and why they cannot work anymore. This is often not enough to guarantee disability benefits, however, and many truly disabled people find themselves denied of benefits.
To help combat this, individuals filing for Social Security Disability should make sure to emphasize two issues to the Social Security Administration:
1.That they are receiving consistent medical treatment for their disability
2.That their disability has caused them to have limitations
2.That their disability has caused them to have limitations
It is important to show that you are receiving medical care for your disability, and that the care is consistent. This means you should not “jump around” from doctor to doctor or receive treatment a couple of times. Instead, seek medical attention from a professional doctor and clinic, and go to every appointment.
The Social Security Administration often judges an individual as being truly disabled by the limitations they have as a result of their disability. Instead of emphasizing the general medical diagnosis given to you by your doctor, focus on communicating to the Administration how your disability limits you to do certain things, and how these limitations affect your ability to continue working.
If you or someone you know has a disability that is keeping them from being able to work, it may be wise to contact an attorney knowledgeable in Social Security Disability. For a free consultation, please contact the New Smyrna Beach Personal Injury Attorneys at Rue & Ziffra, P.A.
The above entry is NOT LEGAL ADVICE and should not be intended or construed as such. It is intended only as general information. No individual reading it should act upon it. Reading this entry does not create any relationship between Rue & Ziffra, P.A. and individuals reading it. If you have questions or concerns, please seek professional legal counsel.
The above entry is NOT LEGAL ADVICE and should not be intended or construed as such. It is intended only as general information. No individual reading it should act upon it. Reading this entry does not create any relationship between Rue & Ziffra, P.A. and individuals reading it. If you have questions or concerns, please seek professional legal counsel.
Tuesday, August 31, 2010
Know Your Rights: Social Security Disability
People are generally aware of the Social Security benefits available upon the specified age of retirement. However, many don't realize that there is a separate type of insurance, Social Security Disability, that has been made available to individuals at any age. This type of insurance is designed to ensure an individual benefits if they are unable to work due to a medical condition or injury.
How do I qualify for Social Security Disability benefits?
In order to be qualified for Social Security Disability, an individual must typically meet certain standards regarding two criteria: the amount you have worked in the past and the nature of your disability.
In general, you need to have worked fairly regularly before you became disabled. Being out of a job for a significant and consecutive amount of years may be reason enough for denial of benefits.
As for the nature of your disability, any medical condition that prevents you from working could make you eligible for benefits. One must note, however, that the test for eligibility is not whether you can go back to a job you’ve lost or whether you’ve been able to find a job recently. The test is whether you are physically and emotionally CAPABLE of doing a job that is generally available in the everyday work place.
When can I file for Social Security Disability Insurance?
Since a medical condition or injury can disrupt your pattern of working (which can place devastating financial burdens on the suffering individual) it is okay to file for benefits immediately upon becoming disabled.
Although there is no guarantee of knowing for certain whether your condition will be judged as eligible for benefits, it can only help your case to file as soon as possible. Even if your condition is severe enough to make you eligible, it often takes a while for your claim to be processed and benefits sent out.
What if I am denied benefits?
It is fairly common for initial claims for Social Security Disability benefits to be denied. However, many individuals have found that their claim can be approved by appealing their case at a higher level. In this case, it may be helpful to hire an attorney knowledgeable in employment and Social Security law in order to receive more insight and representation for your condition.
How do I qualify for Social Security Disability benefits?
In order to be qualified for Social Security Disability, an individual must typically meet certain standards regarding two criteria: the amount you have worked in the past and the nature of your disability.
In general, you need to have worked fairly regularly before you became disabled. Being out of a job for a significant and consecutive amount of years may be reason enough for denial of benefits.
As for the nature of your disability, any medical condition that prevents you from working could make you eligible for benefits. One must note, however, that the test for eligibility is not whether you can go back to a job you’ve lost or whether you’ve been able to find a job recently. The test is whether you are physically and emotionally CAPABLE of doing a job that is generally available in the everyday work place.
When can I file for Social Security Disability Insurance?
Since a medical condition or injury can disrupt your pattern of working (which can place devastating financial burdens on the suffering individual) it is okay to file for benefits immediately upon becoming disabled.
Although there is no guarantee of knowing for certain whether your condition will be judged as eligible for benefits, it can only help your case to file as soon as possible. Even if your condition is severe enough to make you eligible, it often takes a while for your claim to be processed and benefits sent out.
What if I am denied benefits?
It is fairly common for initial claims for Social Security Disability benefits to be denied. However, many individuals have found that their claim can be approved by appealing their case at a higher level. In this case, it may be helpful to hire an attorney knowledgeable in employment and Social Security law in order to receive more insight and representation for your condition.
To learn more about Social Security Disability or how our firm may be of assistance in fighting to get you benefits, please visit http://www.rueziffra.com/ or call 888.246.8613.
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