Posted on August 28,2012 in Social Security Disability

Congratulations, you may have been approved for Social Security Disability Insurance (SSDI) benefits. Hopefully, the government awarded you with a nice sized retroactive back benefit award as well. When you read through the written decision, you may come across something that mentions the need for a representative payee. What is a representative payee and why do you need one?

In cases where the Social Security Administration (SSA) has approved a claim for an individual who has a diagnosed mental condition interfering with his or her ability to manage finances, the government may require someone to manage them for him. The person managing the funds can be a friend, family member, private agency, or Social Services. SSA will disperse the disability benefits directly to the representative payee who will in turn be charged with giving it to the disabled person, landlord, creditors, or any other places as necessary.

What is the representative payee paid for his or her services? Some private agencies may charge a small fee for their services. Social Services is prohibited from charging a fee. Friends and family typically will not charge anything.

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 Posted on August 25,2012 in Social Security Disability

Now that our new and improved website is up and running, I wanted to share with you our e-book entitled, "10 Things Social Security Won't Tell You." The Social Security disability benefits process for claimant's applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) is extremely complicated and filled with potholes at almost every turn. The e-book delves into a number of things that the government normally won't tell claimants that could make a difference in the outcome of their claims. Below are the ten topics discussed in the book:

1. Did you really apply for disability benefits?
2. Your appointment with the SSA doctors IS important.
3. Complete the "optional" remarks section of the Adult Disability Report.
4. List ALL of your conditions.
5. Check your medical records.
6. If your initial application is denied, appeal.
7. Forms, forms, and yes, more forms.
8. Hire a Social Security disability attorney to represent you.

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 Posted on August 11,2012 in Social Security Disability

On July 25, 2012, the Social Security Administration (SSA) issued Social Security Ruling, SSR 12-2p; Titles II and XVI: Evaluation of Fibromyalgia. The purpose of the ruling is to give guidance as to how the government establishes that fibromyalgia is a medically determinable impairment and how to evaluate the condition in Social Security disability benefits claims. How does the ruling change the landscape for people suffering from fibromyalgia applying for disability benefits?

If you are applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), you will have to survive a five step sequential evaluation process to demonstrate that you are in fact disabled. Many people suffering from fibromyalgia are denied disability benefits at the early stages of the disability process. At step one, Social Security evaluates whether a claimant is performing substantial gainful activity.

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 Posted on August 06,2012 in Social Security Disability

The Social Security Administration (SSA) does not pay short-term or partial disability benefits.  Under the Social Security Act, "disability" is defined as the inability to work.  To determine whether a claimant is capable of working, SSA employs a five step sequential evaluation process.  Step two of the process asks whether a claimant's medical condition is "severe."  If a claimant does not have a severe medical impairment, he or she will not be found disabled by the Administration.

What makes a medical condition severe?  A medical condition is severe if it significantly limits a claimant's physical or mental ability to do basic work activities. Basic work activities is relatively broad language, but SSA does give examples of what they mean, such as:

(1) Physical functions such as walking, standing, sitting, lifting, pushing, pulling, reaching, carrying, or handling;

(2) Capacities for seeing, hearing, and speaking;

(3) Understanding, carrying out, and remembering simple instructions;

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 Posted on August 03,2012 in Social Security Disability Medical Conditions

Do you have a medical condition that prevents you from working? If so, you may have applied for Social Security Disability Insurance or Supplemental Security Income benefits. The Social Security Administration denies the overwhelming majority of claims. Fortunately, the government has an appeals process that you can go through if you disagree with their initial decision. Eventually, many claimants have to go before an administrative law judge and argue that they are incapable of working to try and obtain their benefits. It is not uncommon for claimants suffering from physical conditions to state that they cannot sit or stand for a long period of time. How does this limitation change whether a claimant is entitled to disability benefits?

At step five of the sequential evaluation process, the government has the burden of proof in establishing that work exists in significant numbers in the economy that the claimant is capable of performing. To do this, the government often calls upon vocational experts to testify as to vocational factors based on the Dictionary of Occupational Titles at disability hearings. The problem is that the Dictionary of Occupational Titles does not directly address a claimants need for a sit/stand option.

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 Posted on July 21,2012 in Social Security Disability

Welcome to the new and improved website for Social Security Defenders LLC.  It was over two years in the making, but we believe we finally got it right.  Feel free to look around and check out our free e-book, Social Security disability blog, twitter page, published articles, and the plethora of disability benefits information spanning hundreds of pages.  Our goal was to provide as much free information to the public as possible to help claimants, representatives, medical providers, and others in the field with their quest to navigate the murky waters of dealing with the government and trying to get help to those in need.  Thank you for coming to our website!

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 Posted on July 18,2012 in Social Security Disability

Financial pressures on the Social Security Administration have no doubt resulted in lower allowance rates by administrative law judges in Social Security disability hearings. The decrease in approvals means that claimants have to be better prepared and more knowledgeable than before. How can claimants respond to stricter standards to get a competitive edge in a disability hearing?

Are you being represented by a Social Security disability attorney? If you answered no, then that is the first thing that you can do to potentially improve your chances of winning your claim. If you answered yes, it used to be the case that the attorney was the one who needed to be fully prepared at the hearing. Today, more often than not, the claimant needs to become an active participant in the disability process, especially at the hearing level. There has to be transparency between you and your attorney regarding your medical condition and any other issues related to your case. The attorney needs to know your updated medical treatment and any recent changes to your physical and/or mental limitations. Similarly, you have to understand the issues that will be discussed at your hearing and know what to expect when you have your day in court. You need to have an understanding of the types of questions that the judge will likely ask you and think carefully before answering them. In front of a judge with a very high approval rating, it may be a little easier to get away with not knowing certain aspects of your case. However, as Social Security puts more and more pressure on judges it becomes that much more important to be prepared for the day of your disability hearing.

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 Posted on July 15,2012 in Social Security Disability

For July's "Best Social Security Disability Blogs" of the month, we listed our top 4 blogs by Social Security disability lawyers nationwide:

ALJ (Non) Disclosure Policy Questioned By Congress -Maine lawyer Gordon Gates on Social Security Disability Lawyer Blog

Age And Social Security Disability Benefits -Illinois disability lawyer Aaron Rifkind on Illinois Social Security Disability Blog

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 Posted on July 15,2012 in Social Security Disability

There is nothing better then walking into a Social Security disability hearing, asking for a judge to approve your disability at a certain onset date, and having him or her completely agree with your statement. When a judge agrees with your alleged onset of disability he may issue a "fully favorable decision."  This means that you will be medically entitled to the full disability benefit award.

However, with added financial pressures on the system judges seem to be much more reluctant to grant fully favorable decisions. Fully favorable decisions cost the Social Security Administrations (SSA) tens of thousands of dollars.  In other words, in addition to having to pay a claimant disability benefits every month the government will also owe a lump sum back benefit award. This is not something that SSA likes to do. Instead, approval rates are down significantly this year. The few cases that are approved are typically not fully favorable.  The judge could very well disagree with when you think that you became disabled and rule in favor of a very different and more recent onset of disability, which is the case more often than not.

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 Posted on July 08,2012 in Social Security Disability

Fair or unfair, the Social Security Administration (SSA) makes it much easier to receive Social Security disability benefits as you get older. In fact, for claimants under the age of 50 it can sometimes seem as though you have to be near death to actually have a chance in obtaining the benefits. SSA will most likely argue that the older someone gets the more difficult it is for them to recover from a disabling condition, transfer job skills to a new profession, and adapt to change. There is some truth to those statements.

One problem with the current disability system is an over-dependence on age as a key factor in determining someone's qualification for disability benefits. Take Jason, a client of mine several years ago, who was 42 years old at the time and suffers from severe rheumatoid arthritis and diabetes. He has pain all over his body including his feet, legs, back, shoulders, neck, and hands. Medications have not helped to fully alleviate his constant pain and he had to be hospitalized on a number of occasions due to the excruciating pain. Jason has a high school education and worked as a janitor for a number of years. The judge at Jason's hearing agreed that he could not perform his past relevant work as a janitor, but ruled that he still has the capacity to perform other easier jobs in the economy and is therefore not disabled.

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