'A Patient Voice' Community

hello again --

this is the second part of my discussion of social security disability benefits.


test for social security disability benefits (continued)

a dr could express his/her opinion that you are "disabled," but the soc sec admin is not required to accept that judgment; the soc sec admin makes its own evaluation, which has to be in reference to specific factors that might be entirely different from those used by the dr.

there are currently no provisions for partial or short-term disability benefits (PS2), altho disability benefits may be awarded for a previous "closed period" of at least 12 months during which you were disabled but for which you are no longer eligible because of the cessation of your disability, http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1688/kw/(closed%20%2212%20months%22) .


social security disability insurance (SSDI) versus supplemental security income (SSI)

there are actually two programs that provide benefits for people who are disabled (PS3, PS4) -- social security disability insurance and supplemental security income (PS5).

simplified and with some exceptions, the social security disability insurance (SSDI) program pays benefits to people who are disabled and have earned a certain total amt of money in their lifetime, at least half of it during the past 10 yrs. the payments are based on lifetime earnings.

simplified and with some exceptions, the supplemental security income (SSI) program pays benefits to people who are disabled but did not work long enough and in the past 10 years to qualify for SSDI. a person also has to be of low income and resources to qualify for SSI. the payments are based on amts periodically set by law.


we need to go to the third part of this post! thank you for being so patient!

-- susie margaret

PS2 -- this topic is covered in the "frequently asked Qs" section of the social security admin website, http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1650 , http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1688/related/1 .

PS3 -- altho it may appear that the primary significance of having two programs is to distinguish the benefits for people who have worked a certain amt from the benefits for people who have not worked enough, the actual reason for the difference is that each program has its own purpose and therefore its own govt fund from which benefits are drawn. as a practical matter, the amt of benefits that a person will get under either program will turn out to be the same.

PS4 -- the purpose of the SSDI program is to replace a percentage of a disabled worker's income. the purpose of the SSI program is to give a disabled person a certain amt of money to live on even tho s/he has not worked long enough and earned enough money, overall and in the past 10 yrs, to qualify for benefits from the SSDI fund.

PS5 -- a chart comparing the two programs is at the bottom of the page at http://www.ssa.gov/redbook/eng/overview-disability.htm .

hello again, again --

this is the third part of my discussion of social security disability benefits.


lawyers and disability advocates

unless you are extremely well organized, almost obsessive-compulsive, and have a lot of documentation, i do not recommend trying to apply for social security disability benefits on your own. the test for disability under the law is very strict, and there are all sorts of ways to compromise your application inadvertently.

you have nothing to lose by getting an evaluation of your case with a lawyer or disability advocate (PS6) who specializes in social security law; practically all of these will give you a preliminary evaluation for free. it is to their benefit to give you a realistic assessment, because even if they accept your case, they get a fee only if you/they win. if you/they do win your case, the fee is usually a certain percentage of your back benefits -- not a percentage of the amt you will receive in the future but a percentage of your retroactive benefits.

you can find specialists in social security law in the yellow pages (PS7) under "attorneys," then looking for the large ads that say "social security," "disability benefits," or something that sounds similar. you can find disability advocates in the yellow page listings under "social security disability benefits" and "social security services" (PS8).

in addition, the national organization of social security claimants representatives (NOSSCR) has a referral service, 800/431-2804, http://www.nosscr.org .

finally, if anyone you know is getting disability benefits, you might also ask them if they used a lawyer or advocate and, if so, whom.


how to apply

it is possible to apply for disability benefits by phone. what actually happens is that you call 800/772-1213 and make an appt for someone to take your application by phone. you can also apply on-line, http://www.ssa.gov/applyfordisability .


at last! let's go to the fourth -- and final -- part of this post!

-- susie margaret

PS6 -- a disability advocate is not a lawyer but does exactly the same things as a lawyer in social security disability cases; this is one of the few kinds of law where a person's representative does not have to be a lawyer.

PS7 -- usually i consider it cheesy to look for lawyers in the yellow pages, but i make an exception for social security lawyers, because they are specialists and that is the fastest way to find them.

PS8 -- many of the listings for disability advocates show only name/address; they do not always have large ads.

hello, hello again, again --

this is the fourth -- and final -- part of my discussion of social security disability benefits.


expediting a case

there are several ways to speed up the processing of your case. some are easier than others.

first, look at the social security "compassionate allowances," http://www.socialsecurity.gov/compassionateallowances/conditions.htm , http://www.ssa.gov/disabilityresearch/publicusefiles.html , and see if your disability is listed there. that is a list of disabilities that are so severe that it is presumed you would qualify for benefits and so they are granted automatically.

second, a new social security program allows for "quick disability determination" (QDD), http://www.ssa.gov/disabilityresearch/qdd.htm , http://www.ssa.gov/disabilityresearch/publicusefiles.html . once an application for disability benefits is submitted, a computer program flags those claims that are likely to be decided quickly and refers them specifically for quick resolution.

third, ask for an expedited decision on your case, which you can get if you have a "critical or dire need," http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1984/~/cases-can-be-expedited-depending-on-the-situation . to find out about this, you or your lawyer should call the congressional and public affairs branch of the social security administration, 703/605-8000.

finally, some people have reported that writing to their senator or congressperson and asking for help has worked for getting a hearing scheduled sooner than would be expected otherwise. whenever you make any contact with anyone -- the social security office, a senator, someone's staff, whomever -- keep track of the date, the name of the person whom you talked to, what office they were from, where you reached them (phone/address), what you asked about, and what they said. make multiple copies of everything you send to anyone, and never give away your last copy.


i hope this helps.

-- susie margaret

Hi Margaret,

Those are some useful resources. Another one that I have come across is www.socialsecurity-disability.org .

This looks very comprehensive Susie! Great work!

I have a few pointers if someone wants to initially file on their own. BUT, like Susie Margaret posted above, you might be better to contact an attorney. However, before you "sign papers" with an attorney, ASK when does their "cut" start -- is it from the date of the SSD Application TO the date of SSD Approval? Because, I filed on my own but I waited until almost the very end (over 9 months for me) to "sign" with an attorney, and therefore, the Attorney said his "cut" of my back pay for SSD was less.

To file on your own... .On the Application...
1. Soc Sec. looks for SPECIFICS. "I can't work" is NOT enough "detail" (though you can state "I can't work", but you need to give details).
2. DON'T lie-- ever! You'll forget what you wrote or said in an interview, so ALWAYS BE TRUTHFUL.
3. Specifics include things like:
-- How far, in feet, can you walk before you must sit down?
What is the minimum you can walk? the maximum?
--HOW does your mental or physical dis. AFFECT your daily life? If you write "I can't walk long enough to buy groceries" you better not be going to Bingo at night or going hunting with your buddies. They do check and if you lie it is fraud.
-- Exactly HOW does your problem affect your abilities within your family, work, socially? Can you reach to a shelf above your head to get dishes to feed your family? Can you bend over to clean up a liquid spill your 4 year old boy made? Can you pick up and carry your 2-year old?--how far? how long? Can you sit--how long? Can you drive and do every action required (sit, turn head, reach to the mirror etc)?
-- Basically for everything you list that you physically CAN'T DO, be specific. How? How long in time or distance? Why is it different from "normal"? Can you do it if you HAVE to? BE HONEST though!

See next post...

Evaluations.... and more evaluations...

You'll be asked to "go see" whoever SSD wants you to see, Dr, PT, psychologist etc.

DON'T try to fool any "expert".

These "doctors" are not "for" OR "against" you. However they ARE responsible to write their evaluation and observations. If you try to fool them, they might be smarter than you think and catch you in lies. So don't lie or over-exagerate.

Physical "tests" might include seeing you stand, walk, heel or toe 'walk', use of your arms and legs, and other activities designed to see you at your best and worst.

Mental "tests" often include an MMPI. Again, DON'T try to "beat the test" or lie. The MMPI has a "validity scale", meaning, "How much does The MMPI Test think you are lying or being truthful ON the test?" The validity scale is fairly accurate--- it's why it's called a validity scale.

Other Mental evaluation will include an interview-- you can't study for this or know in advance what will be asked. Be honest. You may be asked to do other "pencil and paper" type tests or 'scales' or 'inventories'.


Just know that even if you do your own initial application, you can change your mind and get an attorney too, like I did later.


Why did I do my own application?
1. I had copies of all my medical tests-- MRIs, EMGs etc. -- and sent those with my application.
2. I knew to put specifics -- time, distance, how much, under what conditions, how did X affect my daily life, etc.
3. I knew for certain my conditions were "severe" and I'd probably be approved for SSD.
4. I wasn't willing to lie to get benefits.


Lifes

hello, SSDhelp and LIFES --

thanks so much for the addition of resources to this thread!

when i revise the list again, i will include the info you've sent. in the meantime, it will appear here.

-- with much appreciation -- susie margaret

Hi
I am new to this forum.
Thanks for sharing such a useful information.