SSA

Demystifying, General Info, SSA, SSDI

Work with your doctor on your disability claim

The most important aspect of meeting the rules for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits is medical evidence. Medical evidence consists of all reports, notes, tests and opinions from a claimant’s medical provider. At Greeman Toomey Law Office we use a document known as a Medical Source Statement (MSS), which is sent to our clients’ medical providers, to help prove that our clients are disabled. An MSS is either a physical or mental health questionnaire that asks our clients’medical providers to answer specifically tailored questions about our clients’ability to perform work-related activities. Before an MSS is sent to a claimant’s medical provider it is important for the claimant to discuss all of their disabilities with their doctor and inform doctors how those disabilities impact their daily lives. A doctor who is willing to write statements addressing the claimant’s inability to work at a full-time level can be a valuable tool in helping meet the rules for Social Security disability.Below are some things to do before a Medical Source Statement is sent to your provider: Ask your medical provider whether they would agree that you are either unable to work or have the inability to work fulltime because of your disabilities.  Ask your medical provider if they would be willing to complete the MSS in support of your Social Security Disability claim. And, be sure to tell your doctors about all of your disabilities and how the impact your life. It’s important that your medical providers have a good understanding of ALL of your disabilities. Sometimes medical providers will choose not to complete Medical Source statements, or will charge a fee to work on the questionnaires. Some medical providers will require a Functional Capacity Evaluation to be administered (at a cost to the client) before they are willing to complete the MSS.

General Info, SSA, SSDI

Social Security disability claims on the rise

A number of contributing factors have resulted in an increase in the number of Social Security disability claims filed over the last 40 years. In 1970 there were 1.4 million disabled workers who received Social Security Disability Insurance (SSDI). That number nearly increased six fold by 2011 as 8.3 million people were collecting SSDI benefits according to the Congressional Budget Office, which recently released a report on SSDI policy options. The report indicated that there were three main reasons why SSDI claims have increased so much over the last 40 years. These reasons include the aging Baby Boom Generation, changes in federal policy and changes in opportunities for employment and compensation. To learn more about policy changes recommended by the Congressional Budget Office visit: http://www.cbo.gov/sites/default/files/cbofiles/attachments/43421-DisabilityInsurance_screen.pdf    

General Info, SSA, SSDI

The Greeman Toomey Blog

The Greeman Toomey Blog is updated nearly every day with insights, updates and explanations of the issues surrounding the practice of Social Security Disability law.  The group of content writers for the GT Blog is comprised of 10 SSDI attorneys and a couple experienced paralegals who deal directly with their subject matter daily.  If you have any suggestions or questions you would like the bloggers to address, please contact us through the form on this website. You can receive blog updates via our Twitter feed (@greemantoomey) or by liking us on Facebook or just check back here. Thanks for reading the GT Blog!  

Demystifying, General Info, SSA, SSDI

Supplemental Security Income (SSI)

Supplemental Security Income (SSI) is a needs-based disability program for which there are both “medical” and “non-medical” eligibility requirements you must meet in order to receive benefits.  One non-medical requirement for SSI has to do with income.  The link below shows how Social Security defines income as well as income that is not counted against the SSI income limit. http://www.disabilitysecrets.com/resources/social-security-disability/supplemental-security-income-ssi/income-limits.htm

Legal News, SSA, SSDI

Proposed Cuts to Social Security Budget Would Result in More Costs

A recent piece in the Huffington Posts demonstrates the absurdity of a proposal to cut $752 million dollars from the “program integrity” department of the Social Security Administration. The department is responsible for periodic reviews of recipients’ continued income eligibility and medical status. According to the article, Social Security Chief Actuary Stephen Gross estimates that every dollar spent on reviews saves $6, while each dollar spent on SSI redeterminations saves $9. So, the proposed $752 million cut could end up costing $5 to $6 billion dollars.

Demystifying, General Info, SSA, SSDI

Non-Medical Requirements for SSA Disability

In order to receive either Social Security Disability benefits or Supplemental Security Income, you must meet both medical and non-medical requirements. If you receive a decision stating you’ve met the medical requirements but the Social Security Administration is still determining if you’ve met the non-medical requirements, they are reviewing the following: If you’ve filed a claim for Social Security Disability, SSA must determine if you have worked long enough or recently enough to qualify. If you paid taxes into Social Security while working, you earn work credits and establish what is called a “date last insured.” In order to receive Social Security Disability benefits you must be found disabled prior to this date. A general rule of thumb is that you must have worked five of the past 10 years. If you have never worked or do not have enough work credits, you may be eligible for Supplemental Security Income (SSI). In order to qualify for SSI you must meet certain financial requirements. SSI is a needs-based disability program, SSA needs to make sure that your resources are low enough before awarding any benefits. Your local SSA office will look at your household income, resources and living arrangements. The resource limit for an individual is $2000 and for a couple it is $3000. But certain things do not count against your resource total. For example, the house you live in and one car. Unlike Social Security Disability benefits, SSI benefits are offset by any additional income you receive. It is possible that you could meet the non-medical requirements for both programs. In that case, SSA cannot pay you both Social Security Disability and SSI. You will receive benefits from whichever program offers you the highest amount. The maximum monthly benefit for SSI is $698. For Social Security Disability, the amount varies per person based on how much money they have paid into SSA. These factors were evaluated when you first filed an application, but SSA will take another look when you are approved. After SSA has finished evaluating the non-medical requirements, the Notice of Award will be issued. This will outline your payments and any necessary deductions.

Demystifying, SSA, SSDI

What is a Function Report?

Once you have applied for Social Security disability and the Social Security Administration (SSA) has determined you meet requirements for one of its disability programs, either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), a medical decision must be made to determine if you are disabled. There are many different pieces of information that Disability Determination Services (DDS), a state agency that determines whether an SSA applicant is disabled, considers in its determination. Many times an SSDI or SSI applicant will be asked to complete a Function Report to help DDS representatives make a disability determination. A Function Report is a multi-page questionnaire about an applicant’s activities and how their disabilities impact their daily lives. Although a multi-page questionnaire may seem like a daunting task for someone who is disabled to complete, it is important for an applicant to fill-out this form and return it do DDS by the time prescribed by the disability determination agency. Failure to do so almost certainly will result in a denied disability claim. The refusal to complete the Function Report is interpreted by DDS as a failure to cooperate. The Function Report examines a variety of topics including how an applicant’s disabilities impact the ability to work, in-depth detail about an applicant’s daily activities and an explanation about how an applicant takes care of basic personal needs like showering, dressing and preparing meals. Here are some tips to make sure your Function Report has a valuable impact on your disability case: 1) Answer every question. 2) Answer every question completely and don’t limit yourself to the space provided on the form. If you feel you need more space to adequately answer the questions, please include an additional piece of paper to fully respond. 3) Make sure you print the forms. A legible answer to a question will diminish the possibility of having your answers misunderstood. If an applicant feels too overwhelmed to complete the Function Report on their own, they are free to ask a friend or relative to help complete it, but it is important to understand that DDS is trying to understand the capabilities of the applicant. This includes the applicant’s ability to complete this type of questionnaire. If the applicant has someone else complete the Function Report DDS may not have a full understanding about the applicant’s physical and or mental health limitations. If it is necessary to seek assistance with completing the Function Report, the person helping must also indicate that they assisted the applicant on the form. If you receive a Function Report while you have a Social Security disability claim pending remember to complete it to the best of your ability and return it to DDS within 10 days of receiving it.

Legal News, SSA, SSDI

Social Security Disability Point and Counterpoint in the Opinion Pages

Frank Bruni of the New York Times published an op-ed arguing that the tripling of persons receiving Social Security disability benefits is being caused, in part, by those who are “gaming the system.” David Vogner of the Huffington Post published his own opinion on the HuffPost’s blog rebutting Mr. Bruni’s opinion, asserting that the increase in recipients is a result of claimants being unable to find employment. One of Mr. Vogner’s counterpoints to Mr. Bruni’s pejorative description of Social Security disability recipients deserves to be highlighted and clarified: Social Security Disability Income Benefits (DIB) are only paid to those who have paid enough into Social Security. Mr. Vogner’s defense of Social Security overlooks Mr. Bruni’s misleading reference to the federal Treasury; disability payments come from FICA and Self Employment Contribution taxes and the Disability Insurance Trust Fund, a separate account within the Treasury that is funded by FICA and Self Employment Contribution taxes. Semantically, some DIB payments come from the Treasury, but the whole truth omitted by Mr. Bruni is that DIB recipients are paid from the same account those recipients paid into when they were working – one could argue that Mr. Bruni is using a straw man argument to make his point.

Legal News, SSA, SSDI

Treating Physician Rule

Pierce asserts that the treating physician rule should be rescinded because, in part, too many people are being awarded disability as a result of this rule.  Basically, the rule states that great weight should be afforded the opinion of a treating source opinion regarding his patient’s ability to work.  The reasoning behind the rule is sound.  A treating physician, provided he has a sufficient treating relationship in regards to the amount of time and frequency of visits, is in the best position to judge his patient’s limitations. Pierce further argues that getting rid of the treating physician rule would take away one of the tools that unscrupulous attorneys are now exploiting in order to gain advantage for their clients, forcing SSA to allow more claims and costing the government money in benefits as well as attorney fees.  This argument turns the fact finding nature of the disability determination on its head. First of all, the treating physician rule is not an absolute, there are factors to be considered in determining how much weight should be given a doctors opinion.  In this fact finding process, fortunately, representatives realize that the person to best judge a person’s limitations is his treating doctor. The fact that an attorney can reach out on his clients behalf, to treating sources, and solicit these opinions, is vital to the disability process.  Given the nature of this process, it seems that this further case development should be praised rather than vilified. Case developers at DDS are overworked to the point where such information is rarely, if ever, solicited. Pierce argues that the treating physician rule puts the ALJ in a difficult position because the cases have already been reviewed by a case examiner and medical expert (neither whom have ever met the claimant).  Interestingly, Pierce admits that an ALJ has the difficult task of determining the extent of a claimant’s mental or physical limitations, and that his solution is to take away the one opinion which will shed the best light on a claimant’s limitations.  The fact that these doctor’s opinions may lead to more disabled people actually being found….well…disabled, should not be a deterrent to applying the rule and letting the disability chip fall where they should, and not as a result of the whim of a financial concern

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