Will my Disability Attorney or Representative Complete my Paperwork for Me?

Your disability attorney should make sure that your appeals are filed on time and that all the paperwork needed to process your claim is filed.  However, some of the paperwork for a disability claim cannot be completed without input from the client.  Social Security wants a lot of information that only the client can provide.  Examples include the client’s day to day activities, physical and mental limitations from their medical conditions, and details of their past work.

A good disability attorney should offer to help you with all of the paperwork.  Seeking Social Security disability can be a difficult and stressful process.   Your attorney’s office should make this process easier for you while increasing the chances of winning your case.  Helping you do the paperwork is one of the many ways a disability attorney can help you win your case.

The information you give to Social Security will be in your file for the entire course of your case.  What goes into that paperwork might mean the difference between winning and losing.  It’s crucial that the information reported in the paperwork clearly expresses the key facts that establish that you are unable to work and are disabled. 

Posted in Basics of SSD, Filing Initial Application, Medical Evidence, Questions & Answers | Comments Off on Will my Disability Attorney or Representative Complete my Paperwork for Me?

If I am Awarded Disability Benefits will I be Entitled to a Back Award? If so, will it be Paid in a Lump Sum?

If you are awarded Social Security Disability insurance benefits and you have been disabled for more than five months before the date of your award you will be entitled to a back award, which will be paid in a lump sum.  There is a five month waiting period for disability insurance benefits, so you are not paid for the first five months of disability.  However, benefits can be awarded for up to one year prior to the date of your application for disability benefits.  If you have to pursue your claim through the administrative law judge level the additional delay will also be included in your back award.  Therefore, your lump sum payment of back award benefits for social security disability may be very substantial.

If you are awarded SSI benefits, the rules are different.  Benefits will not be awarded prior to the date of your SSI application, and you are only eligible for benefits beginning with the first full month of disability.  However, there is no five month waiting period for SSI benefits and it is therefore very likely that you will be entitled to some amount of back award.   However the Deficit Reduction Act of 2005 requires that if your past due monthly SSI benefits exceed three times the maximum monthly benefit your back award will be paid in up to three installment payments, six months apart.  Installment payments are limited to three times the maximum monthly benefit.  However that limit only applies to the first two installment payments.  If a third installment payment is necessary, then all remaining benefits will be included in that installment payment.

There are certain exceptions to the installment payment requirements; for example if you have outstanding debts relating to food, clothing, or shelter, or if you have necessary medical needs.  If you believe you are entitled to an exception and should have your benefits paid sooner, you should contact Social Security at 1 (800) 772-1213.

Posted in Basics of SSD, Questions & Answers, Winning Disability Benefits | 1 Comment

How can an Attorney Help my Social Security Disability Case?

It is important to know that an attorney can help you out at every step of the claim process.  An attorney can also take your case at any point in the process as well.

This help includes gathering all the necessary preliminary information that is needed in filing the initial application, filing a request for reconsideration if your initial application was denied, filing a request for hearing if needed and then ultimately representing you at a hearing if necessary.  An attorney can also help you if you lost your case at hearing by filing an appeal with the appeal council.

The application process can be a complicated, time consuming and confusing process.  An attorney has the knowledge and expertise of knowing what official documents need to be filed with the Social Security office at each step of the process, what medical or other evidence is required and what deadlines need to be met.  Missing a deadline in this process may cause you to lose your case and have you miss out on your benefits.

An attorney can also help you in gathering all the medical records that will be needed to properly present your case.  Particular care is taken in obtaining doctor notes, ER visits, medical tests results and doctor opinions in pursuit of winning your case.

While at a hearing, an attorney also has the experience of knowing exactly what legal and medical research is needed to properly defend your case as well as knowing exactly what questions need to be asked, what key documents or diagnostic tests need to be discussed, and what evidence certain judges look for during the court proceeding.  You may also have a medical expert or vocational expert hired by Social Security to be present at your hearing who will be discussing the facts of your case as well.  An attorney will also cross-examine those experts and make sure that the hired experts properly state the facts of your case.

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Schizophrenia and Social Security Disability Benefits

If you or someone close to you has been diagnosed with Schizophrenia you should know that people with schizophrenia may be eligible for Social Security Disability and/or and SSI benefits. The eligibility process is a complicated one, and not everyone with this condition will be approved.

To obtain disability benefits for Schizophrenia, an applicant must be limited due to their medical condition to a degree that will prevent the applicant, or claimant, from being able to perform a full time job.  The limitations must be so severe that the claimant wouldn’t be able to sustain a job over time, even if they were hired.

Symptoms of Schizophrenia and Disability Benefits

It is important to note that a claimant’s symptoms from Schizophrenia should ideally be described by a medical doctor or psychiatrist, and not only by the claimant.  Many mental conditions, like schizophrenia, are described in the medical listings (****ADD LINK to 12.03 ****, which is the Social Security administration’s list of disabling impairments.

The A criteria of the Schizophrenia listing require that a claimant demonstrate at least one of the following symptoms;

  1. Delusions or hallucinations
  2. Catatonic or other grossly disorganized behavior
  3. A state of illogical thinking, incoherence, loosening of associations, or poverty of content of speech (associated with either a blunt, flat, or inappropriate display of mood or affect)
  4. Emotional withdrawal and/or isolation

Life Quality, Schizophrenia and Disability Benefits

The second part of the listing, the B criteria, will show at what level or degree Schizophrenia affects the quality of life of the applicant. Disability determination is largely based on a claimant’s ability to work, and these are work like activities they evaluate claimants under.

The listing includes four areas described below.  To meet a listing you would have to meet the A criteria above, and be declared to be at a marked level in 2 of the following 3 B criteria;

  1. Difficulty in activities of daily living;
  2. Difficulty in maintaining social functioning;
  3. Difficulty in maintaining concentration, persistence, or pace
  4. Repeated episodes of decompensation

The listings are slightly more complicated than described above; there is also a C criteria as a substitute for the B criteria.  This involves demonstrating an inability to function over an extended period. You should review this with a disability lawyer with experience representing people with mental illness to see how it can best be used in your particular case.

If the applicant does not fit into the listing above there is still a chance the claimant could obtain disability benefits if Social Security believes the claimant will be unable to sustain competitive employment.  This is usually demonstrated by unscheduled breaks or expected absences due to their medical condition.

The critical evidence that will help someone win their disability benefits for psychiatric conditions is their treatment records.  Whether you win under the listing, or under a sustainability argument, Social Security or the judge who hears your case will likely look to your medical records to determine the level of severity of your condition to decide what work you are capable of.

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