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You may be one of the many people who are currently collecting either Social Security retirement or disability payments the old fashion way – by check. If that is the case soon you will not see that Social Security check in the mailbox any longer.

The Social Security Administration has mandated that anyone receiving Social Security checks, including those who receive Social Security Disability Insurance (SSDI) or Supplement Security (SSI) payments, must sign-up for electronic payments by March 1, 2013 because Social Security will no longer issue paper checks.

There are two ways to receive electronic payments, direct deposit and through a Direct Express card.

Direct deposit payments will be directly deposited into a bank account of your choosing. Those who do not have a bank account, or who do not wish to do direct deposit, will have to receive their payments through a Direct Express card, which works similarly to a debit card. Those who do not sign-up for direct deposit by the deadline will receive a Direct Express card and will begin receiving payments through the card as of March 1, 2013.

For more information on how to setup direct deposit visit: http://www.ssa.gov/deposit/.

Social Security Statements Available Online

Another technological advance Social Security is now using is to offer Social Security statements online. These statements were previously mailed out. Many times people who are applying for SSDI question what their monthly payments would be if they are found disabled. Earlier this year Social Security unveiled online access to Social Security statements to allow people to get estimates for retirement, disability and survivor’s benefits. To access these online statements you must be at least 18 years old, have a valid Social Security number, have a valid e-mail address and have a valid mailing address. To access this feature visit: http://www.socialsecurity.gov/mystatement/.

For applicants who pursue Social Security disability claims based on mental health impairments, Global Assessment of Functioning (GAF) scores can play an important role. GAF scores are made by treating providers who perform Diagnostical and Statistical Manual of Mental Disorders (DSM-IV-TR) assessments.

Courts have held that Social Security must consider GAF scores when evaluating a claimant’s mental health impairments. For example, the Eighth Circuit has discussed the necessity of an administrative law judge to “consider a claimant’s total GAF score history.” Pate-Fires v. Astrue, 564 F.3d 935, 944 (8th Cir. 2009) (citing Colon v. Barnhart, 424 F.Supp.2d 805, 813-14 (E.D.Pa. 2006)). Courts have also held that a history of low GAF scores is indicative of an inability to work. In Brueggemann v. Barnhart, the vocational expert testified that a claimant with a GAF score of 50 could not work. Brueggemann v. Barnhart, 348 F.3d 689, 695 (8th Cir. 2003). Other courts have made similar rulings. See, e.g., Cruse v. U.S. Dep’t of Health & Human Servs., 49 F.3d 614, 618 (10th Cir. 1995) (holding that the ALJ’s conclusion that a claimant was not disabled was not supported by substantial evidence where the ALJ misinterpreted or ignored the claimant’s psychiatric assessment rating indicating the claimant had marked mental impairment, which would substantially impair his ability to work); Golubchick v. Barnhart, No. CV-03-3362, 2004 WL 1790188, at *7 (E.D.N.Y. Aug 9, 2004) (emphasizing a medical expert’s testimony that a GAF score below 50 is generally incompatible with the ability to work); Mook v. Barnhart, No. 02-2347, 2004 WL 955327, at *6 (D.Kan. April 26, 2004) (noting a VE’s testimony that a claimant’s GAF score of 50 would eliminate any possible jobs in the national economy).

Despite these court rulings, many administrative law judges are unfamiliar with GAF scores and the implication they have on the disability process. An experienced advocate like the attorneys at Greeman Toomey can help educate the judge on GAF scores and the implications they have for your case. Contact us at 1-877-332-3252 or at www.greemantoomey.com today.

The Social Security Administration (SSA) maintains a list of medical conditions that are so severe they automatically mean that you are disabled. If your condition is not on the list, the SSA must decide if it is of equal severity to a medical condition that is on the list. The rules state that an Administrative Law Judge must consider the opinion of a physician or psychologist designated by the Commissioner concerning medical equivalence whenever a claimant is not engaging in substantial gainful activity and has a severe impairment(s) that does not “meet” the requirements of a listing.

The equaling analysis is often performed by a non-examining State agency physician at the initial and reconsideration levels. However, in most cases there are additional medical records presented before a hearing that were not available at the time of the prior determinations by the SSA.

Social Security Ruling 96-6p requires an Administrative Law Judge to obtain an updated medical opinion from a medical expert in the following circumstances:

• When no additional medical evidence is received, but in the opinion of the Administrative Law Judge or the Appeals Council the symptoms, signs, and laboratory findings reported in the case record suggest that a judgment of equivalence may be reasonable; or
• When additional medical evidence is received that in the opinion of the Administrative Law Judge or the Appeals Council may change the State agency medical or psychological consultant’s finding that the impairment(s) is not equivalent in severity to any impairment in the Listing of Impairments.

Therefore, if an Administrative Law Judge believes that the evidence suggests a medical equivalence may be reasonable, or that additional evidence may change the State agency’s prior medical equivalence determination, an updated opinion about medical equivalence is required.

Medical records play a crucial part in showing whether someone is eligible for Disability Insurance Benefits and Supplemental Security Income. Your records are the primary source used by the Social Security Administration, the state-level Disability Determination Services (DDS), and the SSA Administrative Law Judges to determine whether you are disabled under the SSA’s rules. The SSA does ask claimants to provide any records the claimant may already possess, but claimants do not have the primary responsibility to gather medical records.

The SSA has the duty to gather a claimant’s relevant medical records both under the United States Code and SSA’s own regulations. Once a claimant has given the SSA permission to request medical records, the SSA and DDS will request medical records from the medical providers named by the claimant (such as hospitals, clinics, and mental health professionals). The regulations also require ALJs to work toward clarifying a claimant’s medical records if the records already gathered are too incomplete or deficient to provide a basis for a determination of disability.

Unfortunately, the SSA and DDS are not always able to fully update a claimant’s medical records for a variety of reasons. In those situations, a claimant can gather his or her own medical records and submit them to the SSA and DDS. A claimant who is represented by an attorney does have an easier option: the claimant can have his or her attorney gather and submit the medical records on his or her behalf. Gathering medical records is only one of the many tasks our attorneys perform for our clients; we also provide legal advice to our clients regarding Social Security benefits and we use our experience and education to make compelling legal arguments for our clients to help ensure they receive benefits.

No one needs an attorney or a representative to apply for Social Security disability benefits. The process is described as “non adversarial,” which means that the Social Security Administration (SSA) tries to be accessible, and to help you through the process of applying and gathering medical evidence. However, most people find communications from the government hard to understand, deadlines hard to meet, and legal standards hard to prove on their own. Hiring an experienced attorney is risk-free: Because payment is on a contingency basis, your attorney only gets paid if you win. If you lose your case or decide not to pursue Social Security benefits, your attorney’s work is free. This encourages attorneys to only take cases they believe have merit, and it should encourage you to consider hiring an attorney to help you with this complicated process from the very beginning.

If you win your case, and the Social Security Administration decides you are or have been disabled at any point in time, an attorney will typically receive 25% of back pay owed to you by the SSA. This amount is limited to $6000. The SSA considers and approves the fee agreement between you and your representative before any attorney fees are paid.

So, why hire an attorney? Because hiring an experienced attorney is risk free, and makes the long and often frustrating process of applying for Social Security benefits much more navigable. Having an attorney cannot make this process any quicker, but it can help ensure you do not miss key steps or evidence, which gives you the best chance of winning your claim. Attorneys will contact your doctors and therapists, gather all the evidence you need for your case, and request opinions from your doctors and caretakers in ways designed to highlight the strongest parts of your claim. They will take time to answer your questions about your case and about the Social Security disability process. Most importantly, they will make legal arguments at your hearing and have a detailed understanding of the current case law, which makes it much more likely you will be successful in your claim. It’s one of the only legal fields where you can get an attorney’s advice without any out-of-pocket costs. Really, the question is – why not hire an attorney to represent you in your Social Security disability case?

The Social Security Administration considers disability cases based on a medical and vocational (work related) criteria. The first step in proving you are disabled to earn Social Security Disability Insurance (SSDI) benefits is to show that you are unable to perform the type of work you used to perform, prior to being disabled. In addition to this you must show you are unable to do “other work.”

An applicant’s age and past work experience factor greatly in whether an SSDI claim is successful when considering physical disabilities, but not necessarily mental health disabilities.

The two magic ages where it is easier to show that you are disabled under Social Security’s rules are 55 and 50.

At age 55 you have to show that you cannot do your past work because of your disabilities and that you can’t perform more physically demanding work. At age 50 showing you can’t perform past work would not be as important as showing you are unable to do work where you have to walk, stand and lift a lot. Disabilities dealing with the back, neck, hips, legs, arms, ankles and feet would all fit into this category.

Those under age 50 have more of a burden to prove they are disabled when claiming physical disabilities.

If you are under age 50 you have to show that you are unable to do both past relevant work and any “other work.” This means a claimant’s ability to do work classified as sedentary, light, medium, heavy or very heavy will be considered. Social Security will consider your ability to sit, stand, walk, lift, carry, push and pull among other actions.

For more information on how Social Security considers Past Relevant Work visit: http://www.socialsecurity.gov/OP_Home/rulings/di/02/SSR82-62-di-02.html  

For more information about “Other Work” Social Security considers visit: http://www.socialsecurity.gov/OP_Home/rulings/di/02/SSR83-10-di-02.html

As a case manager, I conduct interviews with clients, complete initial applications, and file appeals. I also answer incoming calls from clients and make sure SSA is updated when necessary.

One of the questions clients commonly ask is – when do I need to call my case manager? You should contact your case manager right away if you:

• Change your address
• Change your phone number
• Receive a new diagnosis
• Are hospitalize
• Return to work
• Receive a decision from Social Security regarding your claim

We periodically update your medical information so it is not necessary to contact us each time you go to the doctor or start treating at a new clinic. However, it is important that you maintain a list with the names and telephone numbers of all doctors, clinics, and hospitals you treat with or at so when we request updated information you will have it easily available.

My advice to all our clients is simple: keep treating with your doctors and keep in touch with my office if you move or change your telephone number. Medical evidence is extremely important in proving a claim for disability — you need to continue to treat with your doctor and follow the recommended treatment plan. Absent medical evidence supporting your claim, it will be very difficult to prove disability.

Also, let your doctors know you have filed for Social Security disability. Their opinion as to your diagnoses, the severity of your impairments, and what limitations you may have is given considerable weight.

Following these guidelines will ensure that your case manager can get in touch with you and that SSA will have all the relevant information at each stage of the disability claim process.

After you’ve filed a Social Security Disability (SSD) or Supplemental Security Income (SSI) claim with the Social Security Administration (SSA) your local Social Security office will evaluate the non-medical and technical aspects of the claim. If you meet the technical requirements for one of the benefit programs your claim will be transferred to a state disability agency for a medical determination. In Minnesota and many other states the state agency is called Disability Determination Services (DDS).

There is at least one DDS office per state used to evaluate the SSD and SSI claims. Each office has trained examiners that use the SSA’s rules to determine if the claimants meet the medical requirements for disability. Each of the DDS offices are federally funded.

DDS is responsible for requesting and reviewing medical reports from the medical providers listed on your application. If the DDS examiner working on your claim decides that more information is necessary to make a determination, you will be asked to attend a consultative examination. These examinations are paid for by the SSA. The doctor at this examination will write up a report following your appointment and submit that report to DDS for review.

The DDS office also sends out various questions for the claimant to complete. The most common questionnaires are the Work History Report and Function Report. The Work History Report asks for information regarding your employment history for the past fifteen years. The Function Report focuses on how your conditions affect your daily activities. There are other questionnaires that the examiner may feel are necessary for evaluating your claim. A few examples are the migraine, pain or seizure questionnaires.

The examiner will then use your medical reports, consultative examination report (if requested), and the questionnaires you’ve completed to make a decision. The decision will be sent to your local Social Security office and then mailed off to you and, if you are being represented on your claim, to your representative. If your claim has been approved your local Social Security office will confirm you still meet the non-medical and technical requirements. If you meet these requirements the SSA will issue your benefits.

If the DDS office denies your application you have 60 days to file an appeal. This appeal is called the Request for Reconsideration. DDS offices are also responsible for making the medical determination on your Request for Reconsideration. Your claim will be assigned a different examiner to review medical reports and any questionnaires you have completed. The new examiner also has the option to request you attend a Consultative Examination if more information is needed.

For more information on DDS please click here.