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I NEED HELP WHILE WAITING FOR DISABILITY

"I need help.  I've filed for Social Security disability months ago.  How can I survive until my case gets settled?" This is a good question.  If you are disabled, not working and have little or no income--survival is the question.  It may take months or years for Social Security to decide your case.  What can you do.  Here are some sources of help you may want to consider: FOOD STAMPS :  Contact your county's Department of Human Resources.  In Madison County, it's located at 2206 Oakwood Avenue NW.  Phone (256) 427-6000.  Website:   http://dhr.alabama.gov/counties/county_results.aspx?id=Madison MORTGAGE PAYMENTS :  Contact "Hardest Hit Alabama" at www.hardesthitalabama.com   or call 1-877-497-8182. LOW COST MEDICAL CARE (DOCTORS) : Click on the link below for a list of low cost clinics near you.  http://www.needymeds.org/free_clinics.taf?_function=list&state=al UTILITY BILLS OR OTHER NEEDS: ...

CONGRESS PUSHES SOCIAL SECURITY BACKWARD

"Lawmakers in the Congress are convinced that Social Security is awarding too many disability benefits.  They are pushing the agency to deny, deny, deny and are changing rules to make getting disability benefits harder and harder." The media is also fueling the fire with reports about Social Security that are misleading, and in many cases, just outright wrong. A good example is an April 2017 article in the Washington Post which asserts that as many as one-third of working-age adults in rural communities are living on monthly disability checks."  The truth is that data supposedly used by the Post to demonstrate this "fact" simply does not exist. Here is what I think we can expect in the months and years ahead:  Congress will pressure Social Security into new rules that make it more and more difficult to receive disability payments.  You will continue to pay into the federal disability program with less and less realistic hope of getting a benefit if you be...

ANXIETY, PTSD, DEPRESSION, HEADACHES

Conditions like PTSD, Major Depressive Disorder, Bipolar, Migraine Headaches, Depression and Chronic Fatigue are sometimes called "invisible diseases."  There are no objective medical tests that prove the existence of these conditions.  Moreover, it is very difficult to medically determine their severity. Social Security judges and decision makers are becoming increasingly more skeptical of awarding disability benefits to claimants based on these conditions.  This is especially true in claimants under the age of 50. If you base a disability claim on these issues, you are going to need big time evidence to prevail.  Here are some things that judges and adjudicators will look for: a long history of treatment by mental health professionals, including a psychiatrist or licensed psychologist.  Seeing a counselor, nurse practitioner or even a family doctor probably won't be sufficient.  a prolonged history of treatment with several prescription drugs, take...

GETTING SOCIAL SECURITY "BACK PAY"

"Back pay" accumulates while you wait on Social Security to approve your claim.  Here's what's important: 1.  You must prove that you are disabled according to Social Security's rules.  They have their own rules about disability, and it's these rules that you must use to prove your case. 2.  Back pay depends on your "onset date," that is, the date your disability commenced.  In most cases, benefits can be paid back to your onset date.  Incidentally, the onset date can be earlier than the application date. The earlier the onset date, the more back pay you can receive. Social Security may argue that you are not disabled.  They may also argue that you did not become disabled when you claim you did.  It is necessary to use medical evidence to prove both all aspects of your case, including your eligibility for back payments. Let me use an example. If you allege that you first became disabled on March 1, 2013 (your "alleged onset date...

ARE YOU ON THE RIGHT "LEVEL"?

Social Security has many "levels" within its system.  Getting on the right level is critical for success. Here's the best example.  Many people get denied when they file for disability benefits.  They turn around and file a new application, which is also denied.  I've met people who have filed as many as 5 Social Security disability claims--denied one right behind the other.  They are repeating a failed process on the same level, over and over.  It isn't going to work. They should move up to the next level and file and appeal.  The Social Security system is like a ladder.  Rung one is the application.  Rung two is the hearing (appeal).  Rung three is the appeal to the Appeals Council.  Rung four is a lawsuit in Federal District Court, etc.  Where is the greatest chance of success?  The best chance of success is at "rung 2," a hearing with an administrative law judge.  This is where a majority of disabilit...

HOW TO GET DISABILITY BENEFITS AT AGE 50

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If you are applying for Social Security disability benefits, it is more likely that you will be approved if you are over age 50.  Why? Because of the medical-vocational guidelines.  These "grid rules" make it easier for persons who are of advanced age or who are approaching advanced age. The factors which Social Security must consider in determining whether a claimant is disabled are: age education prior work experience residual function capacity ( See definition below)* When all 4 of these factors are favorable, it is much more likely to get a favorable decision on your disability claim.  (See my separate post on getting a Medical Source Statement, which addresses the residual function capacity). Definition of "Residual Functional Capacity' (RFC):  This is the maximum amount of work related activity that the claimant can do:  sitting, standing, walking, pushing/pulling, lifting, bending, etc.  T he RFC is key to getting a favorable d...

THE FIVE-STEP PROCESS AT SOCIAL SECURITY

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By law, Social Security must use a sequential five-step process in determining if you are disabled and eligible for an SSDI or SSI benefit.  Here is that five-step process. 1.  Are you now working?  Social Security takes the view that if you are engaged in "substantial gainful activity" (SGA), such as a full-time job, you are not legally disabled.  The process ends at Step 1 if you are now working at SGA.  Definition:  "Substantial gainful activity means earning at least $1,070 per month in gross wages, tips, commissions or self-employment income (2017). 2.  Do you have at least one severe medically determinable impairment?  Definition:  A n impairment or combination of impairments is considered "severe" if it significantly limits an individual's physical or mental abilities to do basic work activities. 3.  Does the claimant meet one of the Listings?  Definition:  The Listings may be seen at  https://www.ssa.gov/d...