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ADVANTAGES OF A LOCAL DISABIITY ADVOCATE OR ATTORNEY

Sure, you could call one of those out-of-state 800 numbers for help with your Social Security disability.  But here is what a local disability counselor or advocate should be able to offer you that these 800 numbers may not: a convenient, private, local office in which to counsel you personally and map out a plan to represent you individually. face-to-face meetings anytime you need advice, have questions or need to drop off or pick up documents.  a staff trained and dedicated to providing you with individualized, personal service. prompt return of your phone calls. in person , individualized preparation for hearings, meetings or conferences with Social Security - held with the representative who will actually attend the hearing or conference with you. Frankly, the folks at the 1-800 numbers generally don't have any local offices.  They don't specialize in personal service.  They usually focus on volume--handling as many cases as possible, a kind o...

FUNCTION REPORT: CRUCIAL FOR WINNING BENEFITS

Social Security disability is awarded base on a claimant's limited ability to function.  It is not awarded based on diseases, but on functional limitations. The primary way Social Security evaluates your functional ability is by a detailed questionnaire that they refer to as "the ADL (Activities of Daily Living) questionnaire.  The official name of the document is the "Function Report." The Function Report is an 8- page document with Sections A-D and it contains approximately 60 questions. I understand the temptation to ignore this form (just not bother with it) or to fly through it quickly because you feel it is a waste of time.  This is a crucial mistake.  You should spend a lot of time with this form.  In fact, this form should be your constant companion for a couple of days until it is completed lovingly, comprehensively, thoughtfully and very, very completely. The Function Report will ask you things like: Do you cook your own food? Ho...

WHY SOCIAL SECURITY WON'T PAY YOUR DISABILITY CLAIM

7 out of 10 Social Security disability claims get denied.  The most common reason given in the denial letter is: " We have determined that you are not able to do your past work.  However, there is other work which you are still able to perform." We call these "Step 5" denials and they are very common in claimants under the age of 50.  What went wrong?  Here are the common reasons Social Security could not pay your claim: 1)  Your application did not address your vocational restrictions, including your inability to perform any work that exists in the US economy.  If you were employed, for example, as a construction worker for the past 23 years and your doctor tells you that you can no longer do this type of heavy work, it does not mean that you are disabled.  It means that you need a career change.  To get Social Security, you have to prove that even with a career change--and moving to a lighter, easier job--you would still not be able to wo...

VETERANS MAY GET WRONG INFORMATION ABOUT DISABILITY BENEFITS

Unfortunately, disabled veterans sometimes get wrong information, even from Social Security. Sometimes, we have known of disabled veterans being told, in effect, that they cannot apply for disability benefits because they are still receiving military pay, or "still working."  However, the Wounded Warrior program permits disabled vets to apply for disability when they are receiving active duty pay if they are on medical leave, performing restricted duties or under therapy in a military treatment facility. Social Security's website states the following: Active duty status and receipt of military pay does not, in itself, necessarily prevent payment of Social Security disability benefits.  Receipt of military payments should never stop you from applying for disability benefits from Social Security. If you are receiving treatment at a military medical facility and working in a designated therapy program, or on limited duty, the government will evaluate your...

THE SOCIAL SECURITY OBSTACLE COURSE

Social Security disability was set up under the Social Security Act to provide income for workers who became disabled before reaching retirement age.  The program, for the most part, doesn't work.  There are too many obstacles placed in the way.  Here are a few of them.   Obstacle:  The Application for Benefits.  A typical Social Security benefit application package contains at least 38 pages of forms, questionnaires and documents.  Many people simply cannot complete all these forms in a way that allows benefits to be paid.  Social Security will use some of these forms, such as the Function Report, to deny claims. Obstacle:  The Consultative Examination.  In some cases, Social Security will order you to attend a "consultative examination" with the doctor of their choice.  This doctor typically spends about 15 minutes with you and performs no lab tests, X-rays or other diagnostic procedures.  In 90 percent of ca...

"RECENT WORK TEST" FOR SOCIAL SECURITY DISABILITY

If you stopped working more than 5 years ago, you do not have coverage for disability with the Social Security Administration. You need to have recent work to be eligible for disability benefits.  You must have worked at least 20 out of the last 40 quarters, or more simply put, you must have worked 5 out of the last 10 years. If you stopped working at a job that pays FICA tax more than 5 years ago, you will not be able to get disability benefits, no matter how much you paid into the system.  That money remains in the trust fund (pool) until you reach retirement age. Your Date Last Insured (DLI) is the date you stopped being insured for disability claims with Social Security.  If a disability begins after the DLI, it is not covered.  This is one more good reason not to delay in filing a claim as soon as you feel you have become disabled.

AFTER 5 YEARS OF NO WORK, DISABIITY BENEFITS EVAPORATE

No matter how long you have worked, if you stop working your Social Security disability coverage will disappear in about 5 years. Let's say you have worked for 20 years and paid into the Social Security disability system (mandatory for most workers).  After 20 years you stop working, even though you are only 40 years old. If you file a new disability claim more than 5 years after you stopped working, you will find that you are no longer covered and no benefits are available, no matter how sick you are.  The date you are last covered by the Social Security disability program is called the Date Last Insured (DLI). Coverage under the Social Security disability program is earned by working and accumulating "quarters of coverage."  In 2016, a quarter of coverage is any calendar quarter in which you worked and earned at least $1,260 during the quarter.   ____________ QUESTIONS: If I begin receiving a disability check, will that check stop 5 years after the...