How to React if Your Social Security Disability Claim or SSI Claim is Denied

December 27, 2017 by Mark Doenges

Original Article Here. From the Disability Benefits Center website:

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An overwhelming 70 percent of applicants are disappointed when their disability applications are denied by the SSA. What happens when a disability application is turned down by the SSA? Do these applicants need to find other ways to financially support themselves and their families? If your application for disability benefits has been denied by the SSA, do not give up hope. You may still receive the disability benefits you need to make ends meet. You just need to know what to do and where to turn. If your Social Security Disability claim is one of the 70 percent that are denied during the initial application process, keep the following advice in mind.

Appeal the Denial

Many applicants make one of two mistakes after receiving a notice of denial from the SSA. Some will give up hope of receiving the disability benefits they so desperately need. Others will just try to re-apply for Social Security Disability benefits all over again. Neither of these choices is wise.

If your application for Social Security Disability benefits is turned down, giving up is never a good idea. A mere thirty percent of applications are approved at the initial stage of the disability application process, whereas more than half of the applicants who pursue the disability appeal process go on to receive Social Security Disability payments in the future.

Re-applying for disability benefits with the SSA is not the best course of action. While it is true that the appeal process takes longer than the initial application process, if you re-apply for benefits rather than pursuing the appeal process, chances are that your application will just be denied again and you will, eventually, have to endure the appeal process if you hope to receive Social Security Disability payments at some point in the future.

Seek Out Legal Help

If you have been denied Social Security Disability benefits during the initial application stage of the application process, you should seek out help prior to filing an appeal. Hiring a Social Security Disability attorney can significantly increase your chances of receiving a favorable decision during the disability appeal process.

Many people decide not to hire a disability lawyer because they feel that it is not within their financial means to do so. After all, legal help can be expensive and those who are applying for disability benefits are usually suffering from financial hardships. The good news is that it does not have to cost you any up-front, out-of-pocket expense to obtain the legal services you need.

Social Security Disability lawyers work on a contingency basis, receiving a portion of the back pay that you are awarded by the SSA. When you hire a lawyer to represent you during the disability appeal process, your lawyer will receive either 25-percent of your disability back payment or $6,000 (whichever is less). This not only makes it affordable to hire the legal representation you need, but it also gives your attorney some personal motivation to win your disability case, since they do not get paid if you are nor awarded benefits.

If you are one of the 70 percent of applicants who have been denied disability benefits, the good news is that nearly two-thirds of applicants are awarded benefits at their disability hearing. Statistics show that your chances of winning your appeal are significantly increased when you have a lawyer representing you at this hearing.

Remember, you only have 60 days from the date you receive your determination letter from the SSA to appeal the decision to deny your benefits. If your claim for benefits has been denied, contact a Social Security Disability attorney as soon as possible to begin the disability appeal process.

AVATAR Therapy for Auditory Hallucinations: If You Can’t Beat the Voices, Join Them

December 13, 2017 by Mark Doenges

One in four patients with schizophrenia responds poorly to antipsychotic medication, continuing to hear persecutory auditory hallucinations, but a promising new therapy technique shows encouraging results.

Two key points from the article, which appears in MD Magazine:

“AVATAR, an acronym for Audio Visual Assisted Therapy Aid for Refractory auditory hallucinations…allowed patients to create an avatar, or visual representation of the source of their perceived auditory hallucinations, known as the “persecutor,” whose speech closely matched the pitch and tone of the persecutory voice in their heads. Patients were then encouraged to engage in a dialogue with the avatar, who was controlled by a therapist. Instead of propagating a relationship where the persecutory voice dominates a submissive patient, the therapist could control the avatar so it would slowly yield control to the patient as time passed.”
“The results are especially encouraging because the trial involved a sample of people suffering from persistent psychoses who reported unremitting and distressing auditory hallucinations for at least the previous year, despite regular supervision and continuing pharmacological treatment. Moreover, more than a third of all patients across both therapy groups had a clinical record of treatment resistance and were prescribed clozapine before the start of the study.”

Read the full article, AVATAR Therapy for Auditory Hallucinations: If You Can’t Beat the Voices, Join Them, Here

December 13, 2017 by Mark Doenges

This is an excerpt from our New Client Handbook. If you are a new client, or considering becoming a new client, please review this except as it contains valuable tips, reminders, and information!

A .pdf version is available Here.

http://needsocialsecurity.com/2017/12/13/894/

What You Should Know Before You Apply for SSI Disability Benefits for a Child

December 13, 2017 by Mark Doenges

If you or someone you know is preparing to apply for SSI disability benefits for a child, this Fact Sheet from the SSA provides a great overview of information pertaining to the process.

A downloadable .PDF can be found by clicking Here, and more information can be found on the SSA website Here.

The Glossary of Social Security Terms

December 11, 2017 by Mark Doenges

This is the Glossary of Social Security Terms, as posted by the Social Security Administration. Here you will find, in alphabetical order, common terms and their definitions relating to Social Security. Click on the links within the definitions for even more helpful information.

Via SSA.gov

AIME Average Indexed Monthly Earnings

The dollar amount used to calculate your Social Security benefit if you attained age 62 or became disabled (or died) after 1978. To arrive at your AIME, we adjust your actual past earnings using an “average wage index,” so you won’t lose the value of your past earnings (when money was worth more) in relation to your more recent earnings. If you attained age 62 or became disabled (or died) before 1978, we use Average Monthly Earnings (AME).

See: How are the Average Monthly Earnings (AME) or the Average Indexed Monthly Earnings (AIME) computed?

AME (Average Monthly Earnings)

The dollar amount used in calculating your monthly Social Security benefit if you attained age 62 or became disabled (or died) before 1978. The AME is determined by dividing the total earnings in the “computation years” by the number of months in those same years. See Your Retirement Benefit: How It Is Figured .

Appeal (Appeal Rights)

You will receive a letter of explanation whenever Social Security makes a decision regarding your eligibility for Social Security or Supplemental Security Income (SSI) benefits. If you disagree with the decision, you have the right to appeal (ask us to review your case). If our decision was wrong, we’ll change it.

Application for Benefits

To receive Social Security benefits, Supplemental Security Income (SSI) payments, or Medicare, you must complete and sign an application.

You can apply for retirement, disability, Medicare andspouse’s benefits online, in person at a local Social Security Office, or by telephone at 1-800-772-1213. Our TTY number is 1-800-325-0778.

Application for a Social Security Card

The application form you need to complete to obtain a Social Security number, or a replacement card. For more information see Get or Replace a Social Security Card.

Baptismal Certificate

An official religious record of your birth or baptism. In some situations we can use a baptismal certificate to establish your age.

Base Years

In initial computation, a worker’s (wage earner’s) base years for computing Social Security benefits are the years after 1950 up to the year before entitlement to retirement or disability insurance benefits. For a survivor’s claim, the base years include the year of the worker’s death.

Benefit Verification Letter

An official letter from Social Security that verifies the amount an individual receives each month in Social Security benefits and/or Supplemental Security Income (SSI) payments. These letters are normally issued following a request from a person receiving benefits or his/her authorized representative.

Benefits

Social Security pays five types of benefits:

Retirement
Disability
Family (dependents)
Survivors
Medicare

The retirement, family (dependents), survivor and disability programs pay monthly cash benefits, and Medicare provides medical coverage.

Benefits – Reduced

You can get the following reduced monthly benefits before reaching full retirement age:

Retirement benefits at age 62 through the month before your reach Full Retirement Age;
Husband’s or wife’s benefits at age 62 through the month before you reach full retirement age, provided no child of your deceased spouse either under age 16 or disabled and entitled to benefits is in your care;
Widow’s or widower’s benefits beginning at any time from age 60 or age 50 if you are disabled through the month before you reach full retirement age;
Widow’s or widower’s benefits, if your spouse received a retirement benefit before full retirement age;
Disability benefits received after a reduced retirement benefit; or
Retirement or disability benefits received after a reduced widow’s or widower’s benefit. This applies only if you were born before 1928.

Birth Certificate (Original)

The record maintained by a governmental entity such as a state, county, parish, city, or borough that documents your birth. For additional information on obtaining a birth certificate see the NCHS – Alphabetical List.

Child

We use the term “Child” to include your biological child or any other child who can inherit your personal property under State law or who meets certain specific requirements under the Social Security Act; such as:

a legally adopted child,
an equitably adopted child,
a stepchild, or
a grandchild.

Cost of Living Adjustment (COLA)

Social Security benefits and Supplemental Security Income (SSI) payments may be automatically increased each year to keep pace with increases in the cost-of-living (inflation).

Computation Years

Computation years are the years with highest earnings selected from the “base years.” We add total earnings in the computation years and divide by the number of months in those years to get the AME or the AIME. (We use your 35 highest years of earnings to compute your retirement benefits.)

CPI-W (Consumer Price Index)

An index prepared by the U. S. Department of Labor that charts the rise in costs for selected goods and services. This index is used to compute Cost of living adjustments.

Credits (Social Security Credits)

Previously called “Quarters of Coverage.” As you work and pay Social Security taxes, you earn credits that count toward your eligibility for future Social Security benefits. You can earn a maximum of four credits each year. Most people need 40 credits to qualify for benefits. Younger people need fewer credits to qualify for disability or survivors benefits.

For more information read: How You Earn Credits (05-10072).

Decision Notice (Award Letter or Denial Letter)

When you apply for Social Security, we decide if you will receive benefits. We send you an official letter explaining our decision and, if benefits are payable, we tell you the amount you will get each month.

Delayed Retirement Credits (DRC)

Social Security benefits are increased by a certain percentage (depending on date of birth) if a person delays taking retirement benefits beyond full retirement age.

The benefit increase no longer applies after age 70, even if the person continues to delay taking benefits.

Dependent Benefits

See Family Benefits.

Direct Deposit

The standard way to receive Social Security benefits and Supplemental Security Income (SSI). Your money is sent electronically to an account in a financial institution (bank, trust company, savings and loan association, brokerage agency or credit union). For more information see Social Security Direct Deposit.

Disability Benefits

You can get disability benefits if you:

are under full retirement age
have enough Social Security credits and
have a severe medical impairment (physical or mental) that’s expected to prevent you from doing “substantial” work for a year or more, or have a condition that is expected to result in death.

For more information see: Disability Programs.

Documents (Proofs)

Forms and papers such as birth certificates, marriage certificates, W2 forms, tax returns, deeds, etc., submitted by individuals applying for benefits and services. We can accept only originals or copies certified by the agency that has the original document.

Early Retirement

You can start getting Social Security retirement benefits as early as age 62 if you are insured, but your benefit amount will be less than you would have gotten if you waited until your full retirement age.

If you take retirement benefits early, your benefit will remain permanently reduced, based on the number of months you received benefits before you reached full retirement age.

Early Retirement Age

Age 62. For more information read Retirement benefits by year of birth.

Earnings Record(lifetime record of earnings)

A chronological history of the amount of money you earned each year during your working lifetime. The credits you earned remain on your Social Security record even when you change jobs or have no earnings.

Evidence (Proofs)

The documents you must submit to support a factor of entitlement or payment amount. The people in your Social Security office can explain what evidence is required to establish entitlement and help you to get it. For more information see Evidence Required to Establish Right to Benefits.

Family Benefits (Dependent Benefits)

When you’re eligible for retirement or disability benefits, the following people may receive benefits on your record:

spouse if he or she is at least 62 years old (or any age but caring for an entitled child of the deceased spouce under age 16 or disabled);
children if they are unmarried and under age 18, or under age 19 and a full-time elementary or secondary student ;
children age 18 or older but disabled before age 22;
ex-spouses age 62 or older.

Family Maximum

The maximum amount of benefits payable to an entire family on any one worker’s record.

FICA Tax

FICA stands for “Federal Insurance Contributions Act.” It’s the tax withheld from your salary or self-employment income that funds the Social Security and Medicare programs.

Full Retirement Age

The age at which a person may first become entitled to full or unreduced benefits based on age.

For workers and spouses born in 1938 or later and widows/widowers born in 1940 or later, the full retirement age increases gradually from age 65 until it reaches age 67 for

Workers and spouses in the year 2027
Widows and widowers in the year 2029.

This increase affects the amount of the reduction for persons who begin receiving reduced benefits. For information about the year you were born, read Full retirement age.

Health Insurance (Medicare)

The federal health insurance program for:

people 65 years of age or older;
certain younger people with disabilities; and
people with permanent kidney failure with dialysis or a transplant, sometimes called ESRD (End-Stage Renal Disease).

For more information, see Medicare Resources and theOfficial U.S. Government Site for Medicare.

Insured Status

If you worked and earned enough Social Security credits to be eligible for retirement or disability benefits or enable your dependents to be eligible for benefits due to your retirement, disability, or death, you have insured status. For more information, see How You Earn Credits(05-10072).

Lawful Alien Status

Refers to people admitted to the U.S. who are granted permanent authorization to work by the United States Citizenship and Immigration Services (USCIS) (formerly INS) or admitted to the U.S. on a temporary basis with USCIS (INS) authorization to work.

Lifetime Earnings “Earnings Record”

Lump Sum Death Payment

A one-time payment of $255 paid in addition to any monthly survivors benefits that are due. This benefit is paid only to your widow/widower or minor children.

Maximum Earnings

The maximum amount of earnings we can count in any calendar year when computing your Social Security benefit.

Medicaid

A joint federal and state program that helps with medical costs for people with low incomes and limited resources.

Medicaid programs vary from state to state, but most health care costs are covered if you qualify for both Medicare and Medicaid. For more information see The Centers for Medicare and Medicaid Services

Medicare

See Health Insurance. For more information, see Medicare Resources and the Official U.S. Government Site for Medicare.

Month of Election

This usually applies to retirement claims. In certain situations, you can choose the month in which your benefits will start.

There are many different factors that can affect when you want to begin receiving your payments.

Normal Retirement Age

See Full Retirement Age.

Number Holder

See Wage Earner.

Nutrition Assistance Programs

The U. S. Department of Agriculture program that helps needy families buy food. For more information see:Nutrition Assistance Programs (05-10100).

OASDI (Old Age Survivors and Disability Insurance)

The Social Security programs that provide monthly cash benefits to workers and their dependents when they retire, die or become disabled.

Payment Dates for Social Security Benefits

If you applied for Social Security benefits before May 1, 1997, your payments usually are dated and delivered on the 3rd of the month following the month for which the payment is due. For example, payments for January are delivered on February 3rd.

If the 3rd of the month is a Saturday, Sunday or Federal holiday, your payments are dated and delivered on the first day before the 3rd of the month which is not a Saturday, Sunday or Federal holiday. For example, if the 3rd is a Saturday or Sunday, payments are delivered on the preceding Friday.

If you filed for Social Security benefits May 1, 1997, or later, you are assigned one of three new payment days based on date of birth:

If you were born on the…	Your payment will be delivered on the…
1st through 10th of the month	Second Wednesday of the month
11th through 20th of the month	Third Wednesday of the month
21st through end of the month	Fourth Wednesday of the month

If your scheduled Wednesday payment day is a Federal holiday, we’ll send your payment on the preceding day that is not a Federal legal holiday.

For a schedule of benefit payment dates, see our payment calendar.

Payment Dates for Supplemental Security Income (SSI) Payments

SSI payments are usually dated and delivered on the first day of the month for which they are due. However, if the first falls on a Saturday, Sunday or Federal holiday, they are dated and delivered on the first day preceding the first of the month which is not a Saturday, Sunday or Federal holiday.

For a schedule of benefit payment dates, see our payment calendar.

PIA (Primary Insurance Amount)

The monthly amount payable if you are a retired worker who begins receiving benefits at full retirement age or if you’re disabled and have never received a retirement benefit reduced for age.

Proofs

See Evidence.

Protective Filing Date

The date you first contact us about filing for benefits. It may be used to establish an earlier application date than when we receive your signed application.

QC (Quarter of Coverage)

See Credits, (Social Security Credits).

Reduction Months

Months beginning with the first month you’re entitled to reduced benefits up to, but not including, the month in which you reach full retirement age.

Representative Payee

If you receive Social Security benefits or Supplemental Security Income (SSI) and become unable to handle your own financial affairs, we (after a careful investigation) appoint a relative, a friend, or an interested party to handle your Social Security matters.

Representative payees are required to maintain complete accounting records and periodically provide reports to Social Security. For additional information seeRepresentative Payee Program.

Retirement Age – Full Benefits

Full retirement age was 65 for many years. However, beginning with the year 2000 (for workers and spouses born in 1938 or later, or widows or widowers born in 1940 or later), the retirement age increases gradually from age 65 until it reaches age 67 in the year 2022.

For additional information on full retirement ages and benefit amounts, see

Retirement Age – Minimum

The minimum age for retirement—age 62 for workers, and age 60 for widows or widowers. You can choose a reduced benefit anytime before you reach full retirement age.

Retirement Earnings Test

If you receive monthly Social Security benefits before your full retirement age and work, your earnings from wages and/or self-employment cannot exceed a certain amount without reducing your monthly benefits. For more information, see How Work Affects Your Benefits (05-10069).

Retroactive Benefits (Back Pay)

Monthly benefits that you may be entitled to before the month you actually apply, if you meet the requirements.

Retirement Benefit

Money that is payable to you upon retirement if you have enough Social Security credits. For more information, seeRetirement, Retirement Benefits (05-10035) and Your Retirement Benefit: How It Is Figured (05-10070).

Self-employment Income

You are self-employed if you operate a trade, business or profession, either individually or as a partner, and have net earnings of $400 or more in a taxable year. For more information, see If You Are Self-Employed (05-10022).

Social Security

Social Security is based on a simple concept: While you work, you pay taxes into the Social Security system, and when you retire or become disabled, you, your spouse and your dependent children receive monthly benefits that are based on your reported earnings. Also, your survivors can collect benefits if you die. For more information read A Snapshot (05-10006).

Social Security Number (Social Security Card)

Your first and continuous link with Social Security is your nine-digit Social Security Number. It helps us to maintain an accurate record of your wages or self-employment earnings that are covered under the Social Security Act, and to monitor your record once you start getting Social Security benefits.

For more information, see Your Number and Card (05-10002).

Social Security Office

You can call our toll-free telephone number, 1-800-772-1213, to receive Social Security services. Our TTY number is 1-800-325-0778. This toll-free telephone number service is available from 7 a.m. to 7 p.m. any business day. All calls are confidential.

See our Social Security Office Locator for the address of your local office. In addition, many services are now available through the Internet

There is no charge for any of our services.

Spouse

You are the spouse of the worker if, when he or she applied for benefits:

you and the worker were married; or
you would have the status of a husband or a wife for that person’s personal property if they had no will; or
you went through a marriage ceremony in good faith, which would have been valid except for a legal impediment.

SS-5

See Application for a Social Security Card.

Supplemental Security Income (SSI)

A federal supplemental income program funded by general tax revenues (not Social Security taxes). It helps aged, blind, and disabled people who have limited income and resources by providing monthly cash payments to meet basic needs for food, clothing, and shelter. For more information, see Supplemental Security Income (SSI).

Survivors Benefits

Benefits based on your record (if you should die) are paid to your:

widow/widower age 60 or older, 50 or older if disabled, or any age if caring for a child under age 16 or disabled before age 22;
children, if they are unmarried and under age 18, under 19 but still in school, or 18 or older but disabled before age 22; and
parents, if you provided at least one-half of their support.

An ex-spouse could also be eligible for a widow/widower’s benefit on your record.

A special one-time lump sum payment of $255 may be made to your spouse or minor children. For more information, see Survivors Benefits (05-10084).

Wage Earner

A person who earns Social Security credits while working for wages or self-employment income. Sometimes referred to as the “Number Holder” or “Worker.”

Wages

All payment for services performed for an employer. Wages do not have to be cash. The cash value of all compensation paid to an employee in any form other than cash is also considered wages, unless the form of payment is specifically not covered under the Social Security Act.

Widow

You are the widow/widower of the worker if, at the time he or she died:

you and the worker were validly married; or
you would have the status of a husband or a wife for that person’s personal property if he or she had no will; or
you went through a marriage ceremony in good faith that would have been valid except for a legal impediment.

The minimum age for widows benefits is 60, or 50 if disabled.

Widower

See Widow.

Work Credits

See Credits.

Worker

See Wage Earner.

The Social Security Disability Benefits Center

December 11, 2017 by Mark Doenges

The Social Security Disability Benefits Center is a fantastic resource for Disability information, which includes explanations on how to apply, the stages of your application process, medical conditions, and various other resources to aid you in your process. The website can be visited by clicking this link.

Here we have an excerpt regarding the Initial Application Stage:

Social Security Disability: The Initial Application Stage

The initial stage of the Social Security Disability process involves the initial filing of your Social Security Disability application and the Social Security Administration’s review of your initial claim. In this stage of the process you will be filling out your application and providing the SSA with the documentation necessary to process your claim for Social Security Disability benefits. The Social Security office will then send your file to be reviewed for approval or denial based on the information provided in your application.

Applying for Social Security Disability Benefits

You can file your application for Social Security Disability online, over the phone or at your local Social Security office. You will be required to answer questions pertaining to your disability and your work history and will likely have to fill out a detailed Activities of Daily Living Questionnaire. It is important to prepare as much as possible before you apply to have the best chance of getting approved. Your medical records will need to be provided to the Social Security examiner and you may be asked to undergo a consultative exam. There must be evidence that your disability will last twelve months or longer in order to qualify for disability benefits.

When applying for disability benefits, you will be required to provide the Social Security office with certain personal information. It is helpful to have this information ready when completing your application for Social Security Disability benefits. Some of the personal information and documentation needed to complete your application include your social security number, your birth or baptismal certificate, the contact information for your doctors and the dates of your visits, the names and dosages of the medications you are taking, a complete history of your medical records, a copy of your most recent W-2 and a detailed work history.

Evaluating Your Claim for Social Security Disability Benefits

Once you have submitted your application, the Social Security office will check to see whether or not you have worked enough to qualify for Social Security Disability benefits and whether your current employment status disqualifies you from receiving disability benefits. If you meet the necessary criteria, the Social Security office will send your application to the Disability Determination Services department for a full review. It is this department that will be making the actual decision as to whether or not your disability claim is approved.

The Disability Determination Services office will review the information and medical records you have provided with your application for disability benefits. If the examiner reviewing your case does not have enough medical documentation to prove your disability, he or she may require you to attend a consultative exam. In some cases, more than one consultative exam may be requested.

After the Disability Determination Services have received all of the information needed to process your claim the employees with gather to evaluate the information within your file and will make a decision based on that information. They will approve or deny your claim based on the medical evidence provided, whether or not your specific disability is included in the Social Security Listing of Impairments, if you are able to perform the work you were doing prior to your disability and whether or not you are capable of performing any type of work at all.

Once the SSA approves or denies your claim they will send you a letter notifying you of the decision. If you are approved for benefits, your letter will state the amount of your monthly benefits and when those benefits will begin. If your application was not approved, the letter will explain why you were denied Social Security Disability benefits and what you need to do if you want to appeal the decision.

The Disability Determination Services only approves approximately 37 percent of the initial Social Security Disability applications received by the SSA. The remaining 63 percent of applicants are denied benefits. Many of those denied applicants go on to appeal the decision made by the Disability Determination Services. Hired a qualified disability lawyer will improve chances of being approved at the initial stage.

The Application Processing Time-Frame

It normally takes between three to six months for a Social Security Disability applicant to receive a decision on their initial application. The exception to this rule is those applicants who qualify for Social Security’s Compassionate Allowance program. The Compassionate Allowance program helps people with severe disabilities get approved for Social Security Disability benefits more quickly. If you have one of the disabilities listed under the Compassionate Allowance program, your initial application may be processed in as little as twenty days.

Logging Your Medical Activity

November 28, 2017 by Mark Doenges

From the time you first file for Social Security Disability benefits, it is very important that you keep a log of all your medical activity!

This log should include all your Doctor visits, ER visits, Hospital stays, Urgent Care visits, Physical Therapy visits, and changes in medications, conditions, and diagnoses. Names, addresses, and phone numbers of all your medical providers are also required so we and Social Security can contact them and request your medical records. This information helps us to complete Disability Reports. A Disability Report is required by Social Security each time your case is appealed to the next level. Remember–Medical information makes your case stronger!

Denied Disability?

November 27, 2017 by Mark Doenges

Forbes Disability Group LLC provides top level representation for disabled persons before the Social Security Administration so that they can have the best opportunity to obtain benefits.