Should You Discontinue Medical Treatment if your Primary Doctor has Released you from Care?

It is not a good idea to discontinue treatment.  In fact, discontinuing medical treatment may prevent you from getting your benefits. If your doctor releases you from care and you feel that you still need ongoing medical treatment, it is important to find a new doctor.  You may also want to find a specialist within the field of medicine for which you are requiring care.  If you are alleging a mental condition, it is also a good idea to seek advice and treatment from a psychologist or psychiatrist.

In order to win your case, you need to show the Social Security Administration (SSA)  that you have a history of ongoing medical treatment for the illness that you are alleging is preventing you from working.  Without medical treatment, it is very hard for a judge to award you your case.  You need to present medical records that show your diagnosis, treatment plan and any possible future care that you will be needing.  Your testimony alone is not sufficient and it will not be enough to prove your case. Medical records such as treatment notes, medical tests such as MRIs, X-rays and scans, and physical therapy notes are extremely helpful and necessary.

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Limitations Erode Your Ability to Work

Limitations from your medical conditions are the basis for being found disabled under the rules of the Social Security Disability program.  For example, if you have back problems you may be unable to bend, stoop, or crouch because of limited range of motion of your back, or due to back pain.  The inability to bend, stoop, or crouch, or you ability to do those things only on an occasional basis would be your limitations in this example.

Someone with psychological problems could have limitations that are different than physical limitations.  A person with anxiety may have limitations that allow them to do only simple and non-detailed work, due to problems with focus and concentration.  Other psychological limitations could include limits on interaction with the public, or even interaction with other employees.

The more limitations a person has the harder it becomes to find suitable work that will accommodate their limitations.  Since the rules of Social Security require a finding of ‘not disabled’ if the claimant is capable of working in any job, the concept of limitations and your residual functional capacity (RFC) to work (after taking into account your limitations) becomes a critical step in deciding if a person is disabled.

Things to Remember About Your Limitations

  • Be honest, do not exaggerate
  • Be sure to include physical and mental limitations
  • Remember to include limitations from side effects of any medication you are taking
  • Make a complete list of your limitations, with each stating which medical condition is producing the limitation, and then share that with your disability lawyer prior to your hearing

Disabling conditions are going to produce limitations, and it is essential that you can properly discuss your limitations in a reasonable way.  As you focus on your limitations, remember that even if they don’t get the vocational expert to say ‘no jobs’ available, meaning you are completely disabled or unemployable, they still may play a part in helping the judge understand that you could not sustain work over time.  If your Administrative Law Judge (ALJ) finds that you would be unable to sustain full time work, you win your benefits.

Posted in Basics of SSD, Capability to Work (Step 5), Past Relevant Work (Step 4), Vocational or Work Issues, Your Limitations | Comments Off on Limitations Erode Your Ability to Work

How to Win your Reconsidered Social Security Disability Application?

The request for reconsideration is your first appeal after your initial application for Social Security disability is denied.  Your appeal for reconsideration is filed with the Social Security Administration and is decided at the DDS (Disability Determination Services) agency by a DE (disability examiner) that took no part in the initial decision.  One of the ways to improve your chances of winning your benefits at the reconsideration level is by getting a copy of your file.  Many times medical evidence may be inadvertently overlooked by the DE at the DDS agency handling your claim.  A request for medical records is sent to your doctor when you file your initial application for benefits; however, if your doctor does not respond, there is very rarely any follow up done to obtain the records and thus a decision regarding your disability is made without those records.

Obtaining of a copy of your claim file will show you exactly what medical evidence was used to decide your application.  If you find that certain records were excluded, do the best you can to make sure the DDS agency handling your claim has the correct name, address, and contact numbers for the doctor that failed to submit the records as well as for any new doctors you may have begun seeing after you filed your initial application for benefits.  Additionally, your file should contain an RFC (residual functional capacity) form filled out by a doctor employed by DDS.  This form is used to indicate any functional limitations you may have due to medical conditions contained in the medical records used to decide your claim.  You can use this form to ensure all of your medical conditions were in fact considered by the disability examiner at DDS and to figure out what further information and/or records are needed to ensure you win your case when you file your request for reconsideration.   Finally, you are required to fill out forms about your health and your ability to care for yourself when you appeal your initial denial for Social Security benefits.  Take your time filling out these forms and make sure that all of the information you provide is up to date and accurate.

Posted in Appealing a SS Decision, Questions & Answers, Reconsidered Application, Winning Disability Benefits | Comments Off on How to Win your Reconsidered Social Security Disability Application?

Does My Child Qualify for SSI Benefits?

The criteria used to determine whether a child qualifies for Supplemental Security Income (SSI) Benefits is quite different than that of an adult.  Determining whether a child (under 18 years of age) qualifies involves a three step process which includes the following:

  1. Is the child working at Substantial Gainful Activity (SGA) level
  2. Does the child have a medically determinable impairment or combination of impairments that is considered severe and
  3. Does the child’s impairment(s) meet or functionally equal a listing

If it is determined that a child is working at or above SGA level then the claim will be denied.  The current SGA amount for 2009 is $ 980.00.  The newly determined SGA amount for 2010 is $1000.00.  If a child is not working or is earning less than SGA level then the process would move to Step 2.

At Step 2, medical records are reviewed to determine if a child does in fact have a condition that would be considered “Severe”.  If it is determined that the child’s condition(s) is severe then the process would move to Step 3.

At Step 3, it must be determined whether a child either meets a listing or has a condition that medically equals or functionally equals a listing.   The Social Security Administration has a total of 15 listings used to determine whether a child qualifies for benefits.  Those listings are categorized in the areas of Growth, Musculoskeletal, Special Senses and Speech, Respiratory, Cardiovascular, Digestive, Genitourinary, Hematologic, Skin, Endocrine, Multiple Body System, Neurological, Mental, Malignant Neoplastic, and Immune.   If a child precisely meets one of these categories of listing requirements then the child will be eligible for benefits and will be found disabled.

It may however still be possible to qualify for benefits if a child does not meet a listing but instead functionally equals a listing.  A child is determined to functionally equal a listing if the child’s impairment(s) results in marked limitations in 2 domains of functioning or an extreme limitation in one domain.  A domain is an area of functioning that shows what a child is or is not capable of doing.  There are 6 domains that are used which are the following:

  1. Acquiring and using information,
  2. Attending and completing tasks,
  3. Interacting and Relating to others,
  4. Moving about and manipulating objects,
  5. Caring for self, and
  6. Health and Physical well-being.

A child needs either 2 marked limitations or 1 extreme limitation in any of the 6 domains listed.  A marked limitation is one that is determined to interfere seriously with the child’s ability to independently initiate, sustain or complete activates.  An extreme limitation is one that interferes very seriously with the child’s ability to independently initiate, sustain or complete activities.  An impairment can also be shown to be considered marked if a child’s standardized test scores are at least two standard deviations below the mean or 3 standard deviations below the mean in the case of an extreme impairment.  A child that meets these standards would be found entitled to SSI benefits.

Posted in Basics of SSD, Questions & Answers, Winning Disability Benefits | Comments Off on Does My Child Qualify for SSI Benefits?