How to Handle a Social Security Disability Appeal

Posted on November 10, 2010 by Editorial Board

What should you do if you have the option to file a Social Security Disability appeal? Don’t pass up an appeal!  By appealing you protect your chance of receiving your full back award.  Also, appealing your case moves it up the ladder of the disability evaluation process.  At the third level you will have a hearing with a disability judge.  A higher percentage of cases is awarded at the disability hearing level, but you have to appeal twice to get there.

Use your disability appeal to explain to Social Security why your case should be awarded this time around.  If Social Security denied your case the denial letter will state what medical records they looked at.  On occasion some of your medical records are missing from the list.  Tell Social Security about the missing records.  If you can, get the records yourself and send them to Social Security.

The forms you have to fill out to appeal depend on what level your case is at in the disability evaluation process.  The denial letter will tell you the forms you need.  All of the forms are available at Social Security’s website, ssa.gov.

Keep an eye on the deadline.  Social Security gives you 60 days after you received the denial to file your appeal.  Since Social Security isn’t sure how long it took for you to get the denial in the mail they add an additional five days, making the actual deadline 65 days from the date of the denial.

If you don’t meet the deadline you must provide a reasonable explanation.  Social Security might allow a late appeal, especially if they sent the denial letter to the wrong address.  But don’t risk missing the deadline!  Submit your appeal early.

Posted in Appealing a SS Decision, Social Security Forms, Why People Are Denied, Winning Disability Benefits | Comments Off on How to Handle a Social Security Disability Appeal

Fibromyalgia Can Become a Disabling Condition

Posted on November 9, 2010 by Editorial Board

Fibromyalgia (fibro for short) is a painful and frustrating condition for many people. Even though they ache all over and feel exhausted, their doctors often  can’t find anything wrong with them.  Medical tests are normal, yet they have a constant dull ache in their muscles, tendons, and ligaments. Symptoms of fibro may start after an emotional or physical trauma, but oftentimes no event triggers this complex pain disorder.

For people with severe symptoms, fibromyalgia — also called fibromyosis or myofacial pain disorder — is very debilitating. Sufferers may find it difficult to continue their normal daily activities. If they are no longer able to perform their job they may apply for Social Security disability benefits.

To qualify for Social Security disability benefits, a person must have an impairment that medical evidence–including signs, symptoms, examinations, and tests–confirms. Because the causes of fibro are not fully understood and the symptoms vary from individual to individual, the Social Security examiner may not classify it as a disabling condition. In fact, unlike conditions such as diabetes or lupus, Social Security does not specify at what point fibromyalgia becomes disabling.

Before applying for Social Security disability benefits, a person should know what is in his or her medical records. This is especially true for people with fibro because the condition is not yet widely recognized as disabling and the Social Security examiner will look for specific evidence.  Social Security often treats it as a chronic fatigue disorder, so you may want to be familiar with that condition as well.

Fibromyalgia records should ideally include a diagnosis by a rheumatologist or orthopedist, because diagnosis from a specialist carries more weight than a diagnosis from an internist or primary care physician. Because the Social Security listing of impairments does not include fibro, pairing the diagnosis of fibro with another condition, such as degenerative disc disease or arthritis, may help you have multiple ways to objectively prove your case.

Social Security provides disability benefits to people who cannot work because of severe impairments that are medically documented. To qualify for benefits, medical records must clearly document the applicant has a decreased residual functioning capacity because of their condition.  That reduced capacity, or ability to do less than before, can demonstrate that you can no longer work.

The growing recognition among medical specialists that fibromyalgia is a specific disease with a definitive diagnosis may make it easier to qualify for disability benefits in the future. For now, people with fibro who are no longer able to work must take extra steps to prove their disability. With a diagnosis by a qualified specialist and documentation of the impact of the disorder on the person’s ability to work, a person who suffers from severe fibromyalgia could get Social Security disability benefits.

Posted in Fibromyalgia | 1 Comment

How to Deal with a Rude or Impolite Social Security Judge (ALJ)

Posted on November 8, 2010 by Editorial Board

Administrative Law Judges (ALJs) conduct the Social Security Disability hearings for the Social Security Administration (SSA).  ALJs, and the SSA in general, are dealing with a huge back log in cases that take way too long to decide on.  ALJs are under a lot of pressure to issue many decisions a month, to try and clear out their back log.  Although clearing out the back log is a good thing for everyone, the pressure these ALJs are under can create stress for some claimants.

How to Prevent an ALJ from Being Rude to You

Be respectful of the ALJ, their court room, and their time.  Be on time and ready to get started.  Allow the ALJ to lead the hearing through the various stages that need to be covered.  Experienced disability attorneys follow these same instructions, and to some extent go with the flow of each individual ALJ.

Stay on point, and don’t let your answer to one question wander if it’s not relevant to the question asked.  ALJs are busy, and many will not let you talk on and on about something they didn’t ask you about.  It is ok to give a complete answer that takes a minute so long as your answer is related to the question asked.  If you have something you want to share with the ALJ that is not relevant to the question they ask you then save it for later, when the ALJ or your attorney asks you if you have anything to add before the hearing proceeds.

What to do if the ALJ gets Mad in the Hearing

First try and remain calm.  Some ALJs will be a bit rude with the attorney as a way to “flex their muscle” and maybe even intimidate the claimant, as a way of testing the claimant’s truthfulness.  Experienced attorneys know ALJs that are nice people, but who routinely are rude in hearings. Many think the ALJ is just trying to assert their authority to the new people in the room.

If the ALJ is rude to you, either in their questions they ask, or in things they are saying about you, just remember to remain respectful.  The ALJ has the authority to make a decision in your case.  Although you can appeal their unfavorable decision, that appeal may take a year or more, so do not damage your chances of winning by getting caught up in emotions.  Engaging in arguments that escalate out of control will usually not help you.  You would be better off sticking up for yourself by making your points in a respectful way.  Go out of your way to be polite to the ALJ when they are being most hostile to you, and they will usually calm down.

Posted in Questions & Answers, Social Security Hearings, Why People Are Denied | Comments Off on How to Deal with a Rude or Impolite Social Security Judge (ALJ)

Vocational Experts: Can They Help Your Disability Case?

Posted on November 4, 2010 by Editorial Board

Vocational Experts (VEs) are intended to be impartial experts, meaning they are not out to prove or disprove your case.   Some VEs are actually independent.  They state their opinion and stick to it.  Other VEs let disability judges affect their testimony.  Judges can make it clear whether they want the VE to help them award or deny disability benefits.  Giving the judge what they want can allow the VE to avoid a conflict with the judge.

The key is to use the VE in your case as best you can.  Even VEs who seem opposed to your case can end up helping you.  A disability attorney who knows how to use the Dictionary of Occupations Titles and how to skillfully cross examine a VE to discredit them.  Once their testimony is discredited the judge must award disability benefits or find some other, more difficult way to deny the case.

VEs give testimony about how many problems an employer will tolerate.  For instance, if your medical conditions cause problems with following instructions and maintaining a steady work pace, will you be able to keep a particular job?  If you ask the same question to two different VEs you could easily get two different answers.

You and your disability representative have a right to question the VE if they give testimony to the judge.  There are ways to make those questions more effective.  A foundation should be laid.  This is done by pointing to medical evidence and testimony that supports the question.  Also, the question should contain specific limitations.  A good question to a VE sounds something like this: “Sue testified that she cannot pay attention long enough to understand a 30 minute T.V. program.  She could only recall 2 out of 4 words in her examination on June 5, 2010.  If, in addition to the other limitations already stated, a person can’t maintain attention for 30 minutes at a time, can they sustain work?”

Additionally, the questions can be asked in a way that invites the VE to help your case by appealing to their experience and expertise.  VEs are paid to do hearings because of their knowledge of work-related issues.  They don’t react well to questions that appear to attack that experience and expertise.  And so a carefully worded question can get helpful testimony and keep the VE from becoming defensive.

Posted in Past Relevant Work (Step 4), Social Security Hearings, Vocational or Work Issues, Winning Disability Benefits | Comments Off on Vocational Experts: Can They Help Your Disability Case?