Social Security Disability Forms

Posted on November 22, 2010 by Editorial Board

Social Security Disability Forms are part of the paperwork you have to fill out during the disability application process.  You have to do some of the forms when you start your case, while others are mailed to you by Social Security after you have already started your case.

The Disability Forms ask about your work history and any work you have done during the period you are claiming disability.  They also ask about your day-to-day activities, which Social Security calls “ADLs” (Activities of Daily Living).

Very few people know how important the Disability Forms are when they fill them out.  The Disability Forms are part of your file for the entire life of your disability claim.  Social Security will look closely at them for evidence that you can return to work.  They will compare your Disability Forms to your medical records and your testimony at your disability hearing to see if there are inconsistencies.  One of the important roles of a disability attorney is to review your Disability Forms and help you clarify any statements that appear to contradict your other statements.

If you are pursuing disability benefits without an attorney, try to avoid some of the common mistakes made by disability applicants.  Give a full and balanced account of your Activities of Daily Living.  If you state you cannot do any housework or care for yourself at all, this will damage your case if the medical records don’t show your condition is that bad.  If you care for children or disabled adults, make sure to tell Social Security if friends or family help you.

Be careful when describing your past work.  Many people overstate their job duties and this makes it more difficult to win their case.  Don’t just give your job title; give details about what you actually did at the job.  If you simply state you were a “manager” Social Security will believe you did desk work, even if you never did.  The Disability Forms ask whether you hired and fired people at your job.  Only answer “yes” if you had the final say.  If a supervisor had to okay your decision then you did not have authority to hire and fire workers.

Posted in Basics of SSD, Social Security Forms, Why People Are Denied, Winning Disability Benefits | 1 Comment

Form 3441 Used to Appeal a Social Security Disability Case

Posted on November 19, 2010 by Editorial Board

If  Social Security denies your case you must fill out a Form 3441 as part of your appeal.  The form asks for updated information about your medical treatment, medications, daily activities, and if you recently worked or attended school.  When you complete a Form 3441 it becomes part of your case file.  Social Security will review it along with the rest of your file in deciding your appeal.

Completing a Form 3441 can be frustrating since it asks for information that you already gave Social Security when you started your claim.  Still, it is important that you take the time to do the form carefully and completely.  You don’t want to give Social Security a reason to deny your claim.

For example, Form 3441 asks if there has been a change in your health since you last completed a disability report.  If you don’t report changes in your health Social Security will likely decide that they were right to deny your case in the first place.  If you tell Social Security that your health is the same you will probably get the same decision as before – a denial.

As always, you should be truthful when completing forms for your Social Security Disability case.  You should also be ready to provide new information to Social Security through the 3441 form.  If you have new medical findings, like a new MRI or X-ray that shows new detail for one of your problems, you need to let them know about it.  Also, if you are now taking new medication (a new prescription), or if you have been referred to a new specialist doctor or physical therapy, let them know on your form 3441.

Posted in Appealing a SS Decision, Basics of SSD, Questions & Answers, Social Security Forms | Comments Off on Form 3441 Used to Appeal a Social Security Disability Case

Beck Anxiety Inventory Test: How Severe is Your Anxiety?

Posted on November 18, 2010 by Editorial Board

The Beck Anxiety Inventory Test is a common method of assessing the severity of anxiety and is widely used throughout the medical profession. Also referred to as the Beck Anxiety Inventory, this test has been in use in various versions since being published in 1961.  Even today this test is very important for those who study anxiety.

The test itself is a multiple choice test with twenty one different questions and is currently recognized as the best way of measuring anxiety levels in an individual over the age of thirteen. Subjects are required to rate themselves on the 21 different questions.

For example, one of the self-rated criteria is the ‘Fear of Losing Control.’  To evaluate themselves, the test subjects must choose between ‘not at all,’ ‘mildly,’ ‘moderately,’ or ‘severely.’ Each answer is given a score of 0,1,2 or 3, and the total from the twenty one questions is then tallied. The quantitative nature makes this test very simple, and it can be quickly completed in five to ten minutes.

Beck Anxiety Test Scores

If the overall calculated score is 0-21, then there is low anxiety and no problems should be experienced. If the score is between 21 and 35 then the subject is experiencing moderate anxiety and may require advice on managing stress. When the score is any higher than 35 a strong potential for anxiety problems may exist.

As anxiety can manifest itself in many forms, this test is helpful in determining the main symptoms and their severity in order to figure out what types of treatment and therapy may be needed.

For instance, a mild or moderate anxiety level may just require advice regarding relaxation techniques and generally managing stress, whereas a severe anxiety level may require more intensive counseling and anti-depressive medication such as Sertraline or Prozac.

The Beck Anxiety Inventory Test score can also be an important piece of evidence should a sufferer wish to apply for disability benefits from the US Government’s Social Security Disability program.   Although the test is based on subjective answers from patients, it is still an objective medical finding that many doctors rely on.

In order for the Social Security Administration (SSA) to declare someone disabled, the claimant, or person who applies for disability benefits, must prove that they are incapable of working due to their medical condition which is either terminal or expected to last for over 12 months.  Because this test is internationally recognized by mental health care professionals, it can be provided to the SSA as part of your medical evidence records to show the level and type of anxiety being experienced by the claimant.  This test can show that the anxiety is a severe impairment, allowing the examiner to proceed beyond step 2 in the 5 step disability determination process that every Social Security Disability case goes through.

Posted in Mental Conditions | 3 Comments

Past Work: As Performed vs. As Usually Performed

Posted on November 17, 2010 by Editorial Board

Social Security will deny your claim if they believe you could do your past relevant work, either as you performed it or as it is usually performed.  Social Security looks at the information you give them in the disability forms and in testimony to understand the demands of your past work.  They use the Dictionary of Occupational Title (the DOT), a government job survey, to decide how your past work is usually performed.

Let’s say you worked as a warehouse manager before you were injured.  If it was a small warehouse you probably did more heavy lifting and walking than most warehouse managers.  The

DOT states that warehouse managers typically lift no more than twenty pounds, making it a light job.  Even though you can’t do the lifting needed in your past job, Social Security will deny your case if they believe you can do the lifting and other requirements of the warehouse manager job as the DOT describes it.

Disability claimants younger than age 50 are rarely affected by this rule.  Even if Social Security decides you couldn’t do your past work or if you have none, they will still decide whether there is other work you can perform.  If you are 50 or older it becomes more important.  If you can’t perform your past work because of your medical conditions you can be found disabled under the grid rules.  However, Social Security will not look at the grid rules if they think you can do your past work as it is usually performed.  They will simply deny your claim.

Another possibility is that the DOT says your past job is usually more difficult than the job you actually did.  Let’s go back to the warehouse manager.  Say that your boss knew you had medical problems and so she let you sit when necessary.  Your boss also said you didn’t need to lift more than ten pounds.  This would probably be considered a seated job (“sedentary job”).  Even though the DOT says the job normally requires more lifting and walking, Social Security will deny your case if they think you could do the job as you actually did it (seated with little lifting).  This is true even if the company closed and that job no longer exists!

Be careful when providing information to Social Security.  When you describe how you did your past work make sure to describe your work duties in detail.

Posted in Past Relevant Work (Step 4), Questions & Answers, Vocational or Work Issues | Comments Off on Past Work: As Performed vs. As Usually Performed