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Once your claim reaches Disability Determination Services (DDS) and the evidence of record has been reviewed, the DDS examiner may need more information about your condition to determine whether you meet the agency's disability requirements. This may include having you attend consultative examinations.
Should you attend?
Without a doubt, yes!
And, send DDS the confirmation/authorization form immediately after receiving the notice to confirm that you will keep the appointment as scheduled.
Remember, Social Security has closed many claims for non-compliance such as, ignoring their requests for more information and not attending agency scheduled appointments.
But, the appointment date or time is inconvenient...
If for any reason you cannot keep your appointment as scheduled, do the following:
Bring the following with you to your appointment:
Social Security will develop its own medical evidence in connection with your disability claim. This may include asking you to: complete certain agency questionnaires and medical forms; and / or attend medical or psychological examinations with agency-appointed doctors.
A common questionnaire is the Function Report - Adult - Form SSA-3373-BK. The goal of the Function Report is to gain a better understanding of how your physical or mental impairment(s) affects your ability to perform specific activities.
The important thing to remember is that Social Security takes your claim with a grain of salt. They are on a quest to determine whether you are being truthful about your condition.
That being said, you should ALWAYS:
Prove to them that you have nothing to hide.
Don't downplay your physical or mental limitations because you don't want to seem like you're feeling sorry for yourself.
For example, if you can only stand for 1 hour without feeling dizzy then that is what you should say.
Similarly, if you say you prepare your own meals, tell Social Security what that consists of. Do you prepare complete meals from scratch or are you physically limited to heating frozen / pre-packaged meals in the microwave?
There's a big difference so, be specific!
Stating that you can't do anything because of your condition is not always believable and may throw up a red flag. Again, be honest but be specific.
Need help completing the form?
Contact your disability attorney or advocate right away.
LaVan & Neidenberg can assist you with completing the Function Report, or any other questionnaire or form you may have received from Social Security, and will ensure that your answers illustrate your limitations properly.
Call us today - 1-888-234-5758.
Similar to being prepared for the security checkpoint at the airport--having your boarding pass in hand, taking your identification out of your wallet, removing your watch, shoes, and belt--you have to be ready for what is expected of you when applying for Social Security Disability Benefits, if you want to move through the process smoothly.
If any of the following statements are true:
Then...
The Law Offices of LaVan & Neidenberg will make it so.
As always, we strive to inform and prepare our clients.
We have compiled a detailed list of the documents and information you will need to provide Social Security when starting an application or requesting an appeal.
Social Security's requirements will be daunting but don't let this deter you from securing the disability benefits you deserve.
Our highly trained staff will walk you through the application process and beyond. CALL FOR A FREE EVALUATION of your case--1-888-234-5758.
The truth is every claim is analyzed differently. Your case will contain different medical evidence [even if you see the same doctors as your friend]. Your medical evidence, along with all the other aspects of your claim file, will most likely be analyzed by a different examiner and / or Administrative Law Judge [ALJ]. Although Social Security has strict guidelines, the examiner or judge reviewing your case may be more conservative or more liberal than the person who examined your friend's case. Therefore, the outcome may be different.
We don't ever get tired of saying this: strong medical evidence is critical to your case. You must make it a priority to receive constant and consistent medical treatment [at least 1 time every 3 months] from the same doctors, if possible.
Even if you are clearly disabled, your physical and / or mental limitations must be marked or severe and prevent you from performing ANY job in the regional and national economy.
Being denied can be avoided with the right guidance.
LaVan & Neidenberg, P.A. can help you navigate through the complex disability process so that you steer clear of common pitfalls and increase your chances of winning your claim.)
To increase the chances of winning your Social Security, Veterans', or long-term disability claim, you must comply with your doctors' orders.
That means, you must: take your prescription drugs (i.e., medication that is prescribed by your doctor) as directed; attend physical or mental therapy sessions; see a specialist for your condition; etc.
A judge will view your compliance favorably and will take into consideration your efforts to get better (even if your efforts are fruitless and your condition has not improved or has worsened).
At the disability hearing...
(The following is a hypothetical situation.)
A claimant testifies that they suffer from a seizure disorder but, they also admit that they do not take their prescribed medication, Dilantin (a common seizure medication).
As a result of the claimant's testimony, the judge decides to render an unfavorable decision.
The judge states that if the claimant took their seizure medication as prescribed, the claimant's seizures would occur less frequently or possibly cease.
The judge also states that the claimant would be able to work despite their diagnosis.
What if my medication makes me feel worse?
Drugs have side-effects - some are mild, others are severe. There is no telling how your body will react to a particular drug.
However, if your medication(s) is making you physically or mentally sick, tell your doctor immediately. He or she may be able to prescribe another drug with less side-effects.
If you've tried more than one drug for the same issue and you still feel sick, ask your doctor to write a statement explaining when and why he or she suspended your prescription.
LaVan & Neidenberg will ensure that your disability claim file contains a record of your prescription drugs and how they affect you. Our attorneys will protect your rights throughout the claims process. CALL us today for a FREE EVALUATION of your case - 1-888-234-5758.
Fact: Social Security and VA disability claims processes are long and arduous.
The wait times alone are enough to drive anyone mad but, getting mad at the agency, your attorney, or your advocate won't speed up the process. However, if you go into the process expecting long wait times (simply because they are inevitable), you will save yourself a lot of frustration.
Don't abandon your claim because it's taking too long!
Yes, it is true that it can take up to 2 years to receive a hearing date from Social Security but, consider this... time will pass whether you're waiting for a hearing date or not. Why not stick by your claim and every day get closer to having your case heard in front of a judge? (A hearing greatly increases your chances of being awarded disability benefits.)
"Life is all about timing... the unreachable becomes reachable, the unavailable becomes available, the unattainable... attainable. Have the patience, wait it out. It's all about timing." - Stacey Charter
Maintain a Positive Outlook.
Do your best to maintain a positive outlook throughout the process and keep good relations with those who are helping you. You will have better results.
Try to remain calm even if your case has stumbled across a few road blocks (long waits, misplaced paperwork, etc). You can be certain that the individuals working on your case are working on literally hundreds of other cases simultaneously. Not to mention answering just as many phone inquiries each week.
Remember that sometimes the last impression you made on someone can make the difference as to whether or not your case gets more attention, or less.
What if my condition improves while I'm waiting for a hearing date?
It is possible for your condition to improve while you are waiting for a Social Security hearing date. If your condition improves to the extent that you are able to return to work and make a living (i.e., engage in substantial gainful activity), it is important to you keep your claim active. You may be eligible to receive disability benefits for a closed-period.
In other words, if your disability prevented you from engaging in substantial gainful activity for 12 months or more AND you are seeking disability insurance benefits (not SSI), you may be eligible to receive a lump-sum payment for the income lost.
Do you have a disability claims attorney?
If you've answered yes, then you will need to keep him/her abreast of any changes in your status. What you want to avoid is: missing important notices; requests for additional information; appointments; medical examinations; and deadlines set by Social Security, VA, or your long-term disability insurance carrier. Your failure to comply may have serious consequences. An agency may even decide to close your disability claim for non-compliance.
What kind of changes need to be reported?
If you've:
Who should I tell?
As previously mentioned, you will need to contact your lawyer or representative as soon as possible with the new information. They should take care of alerting the agency processing your disability claim.
If you are representing yourself, you will need to contact the Social Security Administration, Department of Veterans Affairs (see Where is my VA Disability Claims File?), or your private insurance carrier directly.
Remember to always keep a record of your conversations/correspondence with Social Security, VA, or your private insurance carrier and always keep copies of EVERYTHING you submit to them.
Learning to live with a disability can be physically and emotionally trying -- it's hard to predict how it will affect one's psyche. Some may find strength in their impairment and start or rally around a cause that inspires others who are affected to do the same, while many individuals will fall into a deep depression at the very sight of what they have lost. Everyone manages their life's stressor differently and one coping mechanism may be to repress our feelings with alcohol or drugs.
But, if you are contemplating starting a disability claim (or are in the middle of one) you will need to seek alternative methods of coping -- FAST. An alcohol or drug addiction is a sure-fire way to have your disability claim red-flagged. Especially since alcohol and certain drugs can produce mood/affective disorders and psychotic symptoms.
Here's an example of how an addiction to alcohol can harm your disability case: if you are a claimant who suffers from major depressive disorder and an addiction to alcohol, a judge may say that if you stop drinking and receive treatment for your addiction, you will no longer feel depressed and consequently, deny your claim.
After you have sought treatment for your addiction, you will need a letter from your treating physician or alcohol/drug treatment program stating that you are clean and the date you stopped using.
Visit the Resources section of our website for links to organizations that offer in-person and online support groups and other assistance programs.
Asking your treating physician(s) to complete a specialized medical assessment form such as, the Residual Functional Capacity Questionnaire or the Mental Capacity Assessment, is the most effective way to illustrate how your disability interferes with your attention and concentration and limits your ability to function in a competitive work situation (i.e., your level of inability to sit, stand, walk, stoop, crouch, grasp, reach, and move).
If your doctor(s) is reluctant about completing a medical assessment form, you can ask him or her to write a statement explaining the severity of your disabilities and the treatment that you receive. What you want to avoid is a letter from your doctor saying, "My patient is 100 percent disabled and cannot work." A judge will give this type of statement very little weight. However, if the statement is detailed and well-thought out, it can greatly improve your chances of being awarded disability benefits.
While medical assessments can be powerful, they can also prove worthless if your doctor(s) does not take his or her time to complete it. Many times (to our detriment), our doctors are pretty busy. With back-to-back appointments and unexpected emergencies, doctors are often reluctant to take on additional responsibilities such as, writing letters or completing forms in support of your disability claim. But, don't let this deter you from asking for their support. Some doctors despite their busy schedules will help their patients by providing them with the necessary medical evidence to prove their disability.
LaVan & Neidenberg can help you build a strong medical case for your disability claim. We will provide you with specialized forms mentioned above for your treating physicians to complete. Start gathering the right medical evidence.
Seek Medical Treatment for Your DisabilitiesThe critical aspect in any disability claim is having medical evidence that explains your impairment(s) and substantiates your claim.
This means obtaining treatment for your condition(s) on a sustained and consistent basis. It is suggested that you see a doctor or specialist at least 1 time every 3 months. The best scenario is to receive treatment from the same doctor(s) over time. Such doctors are referred to as a "treating source" physician. The diagnoses and opinions of a treating source physician usually carry greater weight.
On the other hand, we understand that obtaining such treatment can be difficult as many disability claimants do not have medical insurance or cannot afford to pay the required co-pay fees.
The unfortunate reality is Social Security and the Department of Veterans' Affairs (VA) does not discount the necessity of medical evidence because you cannot afford the treatment.
If you find yourself in the challenging position of needing medical treatment and you do not have insurance, the staff at the Law Offices of LaVan & Neidenberg can offer you suggestions on how to obtain the required treatment at little or no charge.
Call us now for a FREE legal consultation and EVALUATION of your case - 1.888.234.5758.