Don't minimize the effect of mental impairments on disability. Depression, anxiety, attention deficit disorder, personality disorder, PTSD, or other mental disorders can cause disability.
"Disability" is defined as the inability to perform substantial gainful activity, which in 2013 means earning at least $1,040 per month.
The inability to concentrate, follow spoken or written instructions, respond appropriately to co-workers or supervisors, or to make simple work related decisions could indicate disability.
Mental impairments must be diagnosed by your doctor and examination by a psychologist or psychiatrist is even better. Your doctor should also evaluate the severity of your symptoms. If your physician or psychologist can provide you with a "medical source statement" showing how your symptoms will affect your function at work, it is extremely helpful.
The Forsythe Firm - Social Security Disability Specialists - 7027 Old Madison Pike NW, Suite 108, Huntsville AL (256) 799-0297
Saturday, November 30, 2013
Sunday, November 24, 2013
DON'T FORGET THE SIMPLE THINGS
I make my living practicing Social Security disability advocacy. You would be surprised how many times I see little things that can delay or derail a Social Security disability claim. I'd like to spend a few lines here briefly warning claimants about the "little things" that can bog down your disability claim.
Incomplete Applications or Forms. An incomplete form leaves Social Security guessing at the information you leave blank. They don't have time to look it up for themselves. The answers they assume may harm your chances of getting an award.
Not Giving a True Assessment of Your Functional Capacity. Most people over-estimate what they can do. How long can you stand at one time? How far can you walk without resting? How much can you lift? Can you do things like yard work, vacuuming, laundry, shopping? I am amazed at what claimants sometimes write down for these questions when I know there is no way they can do the activity for as long as they are estimating. It is important what you say here. You must be truthful, of course. But give answers that accurately describe actual limitations. For example, if you can clean your house but it now takes you 2 days instead of 2 hours--that is a significant limitation that should not be answered simply, "Yes." Explain.
Ignoring Your Work History. At some point, a vocational rehabilitation expert will probably go over your job history. His or her purpose is to tell Social Security if (a) you can still do any of your past work, and (b) if there are other jobs you can still do. List all jobs you had within the past 15 years and give a detailed description of job duties, including standing, sitting, lifting, pushing/pulling, bending, reaching, crouching, crawling, kneeling, climbing, etc. This form is called the Work History Report and it is extremely important because Social Security disability has both a medical and vocational aspect.
Incomplete Applications or Forms. An incomplete form leaves Social Security guessing at the information you leave blank. They don't have time to look it up for themselves. The answers they assume may harm your chances of getting an award.
Not Giving a True Assessment of Your Functional Capacity. Most people over-estimate what they can do. How long can you stand at one time? How far can you walk without resting? How much can you lift? Can you do things like yard work, vacuuming, laundry, shopping? I am amazed at what claimants sometimes write down for these questions when I know there is no way they can do the activity for as long as they are estimating. It is important what you say here. You must be truthful, of course. But give answers that accurately describe actual limitations. For example, if you can clean your house but it now takes you 2 days instead of 2 hours--that is a significant limitation that should not be answered simply, "Yes." Explain.
Ignoring Your Work History. At some point, a vocational rehabilitation expert will probably go over your job history. His or her purpose is to tell Social Security if (a) you can still do any of your past work, and (b) if there are other jobs you can still do. List all jobs you had within the past 15 years and give a detailed description of job duties, including standing, sitting, lifting, pushing/pulling, bending, reaching, crouching, crawling, kneeling, climbing, etc. This form is called the Work History Report and it is extremely important because Social Security disability has both a medical and vocational aspect.
Saturday, November 23, 2013
HOW AGE AFFECTS SOCIAL SECURITY DISABILITY
Your age can have a
tremendous impact on your Social Security disability claim. The older
you are, the better your odds are of winning disability benefits. The
odds of winning increase dramatically for claimants over 50. They
increase again at age 55. Younger individuals can win disability
benefits - but the impairments generally have to be more severe.
For disability purposes, Social Security uses the following age categories:
18-44 - a younger individual. A claimant would either need to meet one of the Listings or show that he cannot perform even sedentary work. If an individual does not meet or equal a Listing, can perform even sedentary work and is able to read and write English (even with a poor education) he will have a difficult time winning an award at this age. Exceptions would be if the claimant has an extremely catastrophic illness, severe mental retardation, or if he/she meets a listing. (Listings describe severe symptoms that must be met).
Ages 45 - 49 - still a younger individual but Social Security realizes that the occupational base may be somewhat more limited for persons who are age 45 and over. If the applicant does not meet or equal a Listing, is limited to either light or sedentary work and is literate (reads and writes in English) - he will likely be found not disabled. An individual in this age category can win disability for severe physical and/or mental conditions that limit nearly all work activities.
Ages 50 - 54 - This age category is considered "closely approaching advanced age," and the burden of proving disability gets a bit easier. Education and past work experience are key factors. If a person has a "residual functional capacity" (RFC) that limits him to sedentary work, has no skilled work history and no transferable skills, and has a limited education (less than high school diploma), he will probably be found "disabled" even though he doesn't meet or equal a listing.
Age 55 + - is considered "advanced age." This is the relatively easiest category for disability applicants. Education and past work experience are very important at this level. An individual in this age group who has less than a high school diploma and no transferable skills--who is further limited to sedentary or light work - is likely to be found disabled.
For disability purposes, Social Security uses the following age categories:
18-44 - a younger individual. A claimant would either need to meet one of the Listings or show that he cannot perform even sedentary work. If an individual does not meet or equal a Listing, can perform even sedentary work and is able to read and write English (even with a poor education) he will have a difficult time winning an award at this age. Exceptions would be if the claimant has an extremely catastrophic illness, severe mental retardation, or if he/she meets a listing. (Listings describe severe symptoms that must be met).
Ages 45 - 49 - still a younger individual but Social Security realizes that the occupational base may be somewhat more limited for persons who are age 45 and over. If the applicant does not meet or equal a Listing, is limited to either light or sedentary work and is literate (reads and writes in English) - he will likely be found not disabled. An individual in this age category can win disability for severe physical and/or mental conditions that limit nearly all work activities.
Ages 50 - 54 - This age category is considered "closely approaching advanced age," and the burden of proving disability gets a bit easier. Education and past work experience are key factors. If a person has a "residual functional capacity" (RFC) that limits him to sedentary work, has no skilled work history and no transferable skills, and has a limited education (less than high school diploma), he will probably be found "disabled" even though he doesn't meet or equal a listing.
Age 55 + - is considered "advanced age." This is the relatively easiest category for disability applicants. Education and past work experience are very important at this level. An individual in this age group who has less than a high school diploma and no transferable skills--who is further limited to sedentary or light work - is likely to be found disabled.
TIP # 1 - GET A MEDICAL SOURCE STATEMENT (PART I)
A "medical source statement" is a form completed by one of your treating
doctors. The form gives a complete but to-the-point evaluation of the
functional limitations caused by your impairment. For example, the MSS
will state how much you can lift, how long you can stand and sit, limits
on your ability to walk, bend, stoop, push/pull, etc. A different form is used for mental impairments.
Many people assume that routine medical records will include this information. It does not. Others assume that Social Security will ask the doctor for this form. They do not. It is up to the claimant or his representative to get this form completed and to submit it to Social Security.
A properly completed Medical Source Statement is, in my view, the single most important piece of evidence that can be provided in a Social Security disability claim. It increases the odds of an award tremendously, and it can speed up the process quite a bit. Getting your doctor to agree to complete this form may be a challenge. But you should always try.
If you have questions about your disability claim, please contact me in Huntsville. (256) 799-0297.
Many people assume that routine medical records will include this information. It does not. Others assume that Social Security will ask the doctor for this form. They do not. It is up to the claimant or his representative to get this form completed and to submit it to Social Security.
A properly completed Medical Source Statement is, in my view, the single most important piece of evidence that can be provided in a Social Security disability claim. It increases the odds of an award tremendously, and it can speed up the process quite a bit. Getting your doctor to agree to complete this form may be a challenge. But you should always try.
If you have questions about your disability claim, please contact me in Huntsville. (256) 799-0297.
Friday, November 22, 2013
GET A 'MEDICAL SOURCE STATEMENT' FROM YOUR DOCTOR (PT. 2)
TODAY'S TIP:Get a medical source statement from your doctor.
This is perhaps the most important tip that can help get you approved.
No, Social Security will NOT ask for this and they will not do it for you. You must go to your doctor and get it yourself and send it to Social Security. Then, call and make sure they got it. (They loose stuff).
What is a medical source statement? For physical conditions, it is a 7 page form that asks the doctor many detailed questions about what you can and cannot do, physically. (For mental conditions, there is a 3 page form). This information is NOT contained in your doctor's medical records. Getting this form is above and beyond anything Social Security will do for you. Let me stress, you must take the initiative and take charge of this part of the claim for yourself - between you and your doctor who treats you.
This form may be the single most important key to winning a Social Security disability claim. That's because Social Security goes by functional limitations (what you can no longer do), not by fact that you have a certain medical condition.
Medical Records - Focus on diagnosis of your illness and what treatment was given.
Medical Source Statements - Focus on your function - what you can and cannot do.
Which one does Social Security pay more attention to? Function. That means the Medical Source Statement signed by your doctor may weigh 100 times more than just the medical records. (Note: Some doctors will not complete a MSS but if yours will, it is often worth the effort).
This is perhaps the most important tip that can help get you approved.
No, Social Security will NOT ask for this and they will not do it for you. You must go to your doctor and get it yourself and send it to Social Security. Then, call and make sure they got it. (They loose stuff).
What is a medical source statement? For physical conditions, it is a 7 page form that asks the doctor many detailed questions about what you can and cannot do, physically. (For mental conditions, there is a 3 page form). This information is NOT contained in your doctor's medical records. Getting this form is above and beyond anything Social Security will do for you. Let me stress, you must take the initiative and take charge of this part of the claim for yourself - between you and your doctor who treats you.
This form may be the single most important key to winning a Social Security disability claim. That's because Social Security goes by functional limitations (what you can no longer do), not by fact that you have a certain medical condition.
Medical Records - Focus on diagnosis of your illness and what treatment was given.
Medical Source Statements - Focus on your function - what you can and cannot do.
Which one does Social Security pay more attention to? Function. That means the Medical Source Statement signed by your doctor may weigh 100 times more than just the medical records. (Note: Some doctors will not complete a MSS but if yours will, it is often worth the effort).
EXPLAIN YOUR WORK HISTORY FULLY
Tips for getting approved for Social Security disability benefits.
TODAY'S TIP:
Explain your past work fully and accurately on your application.
Here's why. Social Security must determine whether you can perform any of your "past relevant work." This is all work you have done on a full-time basis during the past 15 years. You need to accurately list how much you lifted, carried, pushed/pulled, etc. on each job. You should also estimate the amount of standing, sitting, reaching, bending, crouching, crawling, etc. that each job required. The more you were required to do at each job, the less likely you are now able to perform that job. For example, if you had to lift up to 50 pounds on your past work, and you can now lift only 20 pounds, you can no longer perform the past work.
Also, Social Security must determine whether or not you have any skills that will transfer from past work to other work. This requires a thorough description of the functions you performed at each of your past jobs. (I once had a case for an electrician's helper who was said to have transferable electrical skills. When I questioned this, it was found that the helper mostly drove the truck and carried items like tools and ladders, with no electrical experience at all). It pays to list every job and the exact requirements and functions of each job. This is normally reported on a form called "Work History Report." If Social Security does not send this form to you, you should find the form, complete it carefully and send it in in time for it to be considered prior to any decision on your claim. Yes, this form may take you hours to complete if you are careful, but it is worth the time. If you have an attorney or representative, he/she will complete this for you.
TODAY'S TIP:
Explain your past work fully and accurately on your application.
Here's why. Social Security must determine whether you can perform any of your "past relevant work." This is all work you have done on a full-time basis during the past 15 years. You need to accurately list how much you lifted, carried, pushed/pulled, etc. on each job. You should also estimate the amount of standing, sitting, reaching, bending, crouching, crawling, etc. that each job required. The more you were required to do at each job, the less likely you are now able to perform that job. For example, if you had to lift up to 50 pounds on your past work, and you can now lift only 20 pounds, you can no longer perform the past work.
Also, Social Security must determine whether or not you have any skills that will transfer from past work to other work. This requires a thorough description of the functions you performed at each of your past jobs. (I once had a case for an electrician's helper who was said to have transferable electrical skills. When I questioned this, it was found that the helper mostly drove the truck and carried items like tools and ladders, with no electrical experience at all). It pays to list every job and the exact requirements and functions of each job. This is normally reported on a form called "Work History Report." If Social Security does not send this form to you, you should find the form, complete it carefully and send it in in time for it to be considered prior to any decision on your claim. Yes, this form may take you hours to complete if you are careful, but it is worth the time. If you have an attorney or representative, he/she will complete this for you.
SUBMIT A WORK HISTORY REPORT
Need to get Social Security disability started? Here is today's tip for getting Social Security disability benefits approved.
Submit a complete Work History Report with your application. The work history should detail carefully all the jobs you have held within the past 15 years. You should list how much standing, walking, sitting, lifting, bending, etc. you were required to do on each job. This form can be downloaded from the internet.
If we can be of any help to you in filing a disability claim, appealing a denied claim, or helping you with a hearing, please call us. Free inquiries. Never a fee unless you win and get back pay.
THE FORSYTHE FIRM
Social Security Disability Specialists in Huntsville
PHONE: (256) 799-0297 Toll Free: 855-854-CASH
Visit Our Website Here
Submit a complete Work History Report with your application. The work history should detail carefully all the jobs you have held within the past 15 years. You should list how much standing, walking, sitting, lifting, bending, etc. you were required to do on each job. This form can be downloaded from the internet.
If we can be of any help to you in filing a disability claim, appealing a denied claim, or helping you with a hearing, please call us. Free inquiries. Never a fee unless you win and get back pay.
THE FORSYTHE FIRM
Social Security Disability Specialists in Huntsville
PHONE: (256) 799-0297 Toll Free: 855-854-CASH
Visit Our Website Here
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