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Recent Blog Posts
Does “Daily Living” Prove You Are Not Disabled Due to a Mental Disorder?
Psychiatric disorders often pose a challenge for Social Security Disability Insurance applicants. Social Security officials tend to discount medical evidence of serious mental health problems, such as depression. The attitude of many administrative law judges is that if a person can function at home with a documented mental disorder, they can also handle the stress of a full-time job.
Social Security Must Consider Stresses of the Workplace
However, that is clearly not always the case. For example, in a recent disability case from Springfield, a federal magistrate faulted Social Security's treatment of a 51-year-old applicant's claim. The applicant worked for many years as an attorney. About six years ago, he stopped working due to a variety of mental and physical impairments. Of note, the applicant's physicians diagnosed him with depression, sleep apnea, insomnia, and migraine headaches. At one point the applicant was diagnosed with major depressive disorder after he expressed “suicidal ideations” to an emergency room doctor.
How Does Social Security Assess My Capacity for Work?
When you file a claim for Social Security Disability Insurance benefits, an administrative law judge (ALJ) must review your case and determine, among other things, your “residual functional capacity” or RFC. The RFC is basically an assessment of your current work-related capabilities, taking into account your medical impairments. Additionally, an RFC classifies your ability to perform “sedentary,” “light,” or “medium” work, as well as whether you can perform the same type of job as performed before the onset of your disability.
Social Security Not Allowed to Ignore All Evidence, Make Up Their Own
A Social Security ALJ is not supposed to make up an RFC out of thin air. The ALJ must review expert medical opinions offered by your treating physician and any state agency doctors who review your medical records. The ALJ does not have to accept any medical opinion that is not supported by evidence; however, there does have to be some evidence in support of an RFC determination.
How Will New Social Security Regulations Affect My Disability Claim?
Social Security recently announced major changes to its rules for handling disability insurance claims. The new regulations, which apply to claims filed on or after March 27, 2017, affect how Social Security administrative law judges (ALJs) must weigh evidence provided by different medical sources in determining whether an applicant meets the legal definition of disabled.
Abolishing the “Treating Source Rule”
One of the biggest changes is Social Security's decision to abolish its longstanding “treating source rule.” This rule basically said that an ALJ must defer to the medical opinions of your treating physician, provided they were supported by “objective medical evidence.” In other words, the ALJ did not have to accept your doctor's unsubstantiated opinions at face value. But if there were test results or other medical records backing up your treating physician's diagnosis, the ALJ had to afford these medical judgments “significant weight or provide "good reasons” for not doing so.
Can I Get an Immediate Decision Following a Disability Hearing?
A Social Security Disability Insurance hearing is often a stressful experience for applicants. The hearing itself may not last long—in some cases a hearing is over in just 10 or 15 minutes. However, there may be a waiting period of several weeks afterwards while the administrative law judge (ALJ), the Social Security official in charge of the hearing, prepares a final written decision.
Getting a “Fully Favorable” Ruling
Still, it is possible to get an immediate oral ruling from the ALJ in some cases. These rulings, known as “bench decisions,” are only available under specific circumstances. First, a bench decision must be “fully favorable” to the applicant. In other words, the ALJ not only finds that you are legally disabled, but he or she also agrees with the date you said the disability began.
Does My Crohn's Disease Qualify Me for Disability Benefits?
Approximately 780,000 Americans suffer from Crohn's disease. Named for one of the doctors who first identified the disease in the 1930s, Crohn's disease is a chronic inflammatory condition that affects a person's gastrointestinal tract. In severe cases, the symptoms of Crohn's disease may qualify a person for Social Security Disability insurance benefits.
Social Security Ignores Medical Evidence of Crohn's-Related Disability
Social Security officials do not always take Crohn's disease seriously. Recently, an Illinois federal magistrate ordered Social Security to reconsider the disability benefits application of a woman diagnosed with Crohn's disease nearly a decade ago. The magistrate expressly criticized a Social Security administrative law judge for ignoring medical testimony presented by the applicant's treating physician.
Will I Receive Social Security Benefits if the Veterans Administration Already Found Me Disabled?
Social Security Disability Insurance is not the only federal program that determines whether someone is “disabled.” For instance, the Department of Veterans Affairs (VA) awards benefits to veterans who are disabled due to a “disease or injury incurred or aggravated during active military service.” Does this mean a veteran who is disabled according to the VA also qualifies for Social Security disability benefits? Not necessarily.
Social Security and the VA may define disability in similar terms, but they have completely separate review procedures. Social Security regulations, in fact, expressly state that it is not bound by any other agency's disability determination.
Recently, Social Security announced a slight modification to this rule. For claims made after March 27, 2017, Social Security says it “will not provide any analysis” of another agency's disability decision. However, Social Security “will consider all of the supporting evidence underlying” the other agency's decision. In other words, any medical evidence presented to one agency may also be considered by Social Security.
How Long Will I Have to Wait for Social Security to Consider My Disability Claim?
One of the biggest problems in applying for Social Security Disability Insurance benefits is the waiting. It takes more than three months, on average, to get an initial decision on an application for disability benefits. Additionally, only about one-third of applicants are approved the first time around. The remainder must go through an extended appeals process through the Social Security Administration's internal hearing system.
More Than 1.1 Million Americans Waiting for Disability Hearing
Just how long is the wait for an appeal? Nearly one-and-a-half years, according to a September 2016 report published by the SSA's inspector general. As of May 2016, SSA had over 1.1 million disability hearings pending, with an average wait time of 526 days. This represents an approximately 10 percent increase in wait times from the previous year and a nearly 50 percent increase over a four-year period.
What Happens if Social Security “Overpays” Me?
Mistakes happen. For instance, overpayments and underpayments to beneficiaries in Social Security disability insurance cases may occur. When an overpayment is made, Social Security may not seek to recover the excess amount if the recipient is “without fault” and such recovery “would be against equity and good conscience.”
Social Security Forgets to Tell Disability Recipient He Is No Longer Disabled
So what constitutes “fault” on the part of the disability recipient? Social Security regulations state it is any of the following acts:
- “An incorrect statement made by the individual which he knew or should have known to be incorrect”;
- “Failure to furnish information which he knew or should have known to be material”; or
- Accepting a payment that the recipient “knew or could have expected to know was incorrect.”
Does Multiple Sclerosis Qualify Me for Disability Benefits?
Multiple sclerosis (MS), an immune system disorder, is a serious disease of the central nervous system that can cause a wide variety of symptoms ranging from blurred vision and slurred speech to memory problems and paralysis. MS is a particularly scary disease because it is unpredictable. Some people are able to live and work normally with MS, while others may qualify for Social Security disability insurance benefits.
How MS Affects Your Ability to Work
Keep in mind, you are not considered legally disabled just because you have been diagnosed with MS. Social Security requires evidence of “impairments” based on your MS that prevent you from working full-time. If you have MS, here are a few questions that Social Security will likely ask:
- Do you have difficulty seeing due to blurred vision or blindness?
Will Social Security Revoke My Disability Benefits if My Condition Improves?
When you are approved for Social Security disability insurance, there is no guarantee you will continue to receive benefits indefinitely. By law Social Security must conduct a continuing disability review (CDR) every three to seven years to ensure you are still medically unable to work. The exact frequency of a CDR depends on the circumstances of your case. However, if you are under the age of 50 and have a medical condition that is expected to improve, you can expect more frequent reviews.
Court Finds Woman “Exaggerated” Pain Symptoms, No Longer Legally Disabled
Social Security can discontinue disability benefits if it determines you have made sufficient “medical improvement” such that you are capable of working again. It does not matter if you actually return to work or can resume the same job you previously held. Social Security is only looking to see if you are physically capable of some type of gainful employment.
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