Request your Social Security Statement online!
Your Social Security Statement is an important tool in applying for Social Security disability benefit. The statement provides a year by year listing of your earnings and an estimate of your retirement and disability benefits.
Social Security used to mail the statement annually, about three months before your birthday. As of 2011, Social Security no longer mails out the Social Security Statement, except to workers 60 or over who are not yet receiving benefits. However as of May 1, 2012, you can request a statement online.
If you are not able to confirm your identity via the Social Security website, you can also request a “SEQY” (which lists your …
Limitation forms for Social Security disability cases
Getting a Residual Functional Capacity is the single most important step in a Social Security disability case. These RFCs go by a lot of different names: Medical Source Statement, Medical Opinion, Narrative. However, Residual Functional Capacity simply means what you can still do despite your disabilities and impairments. Put another way, your RFC is what you can do considering your workplace limitations.
Since Social Security disability cases focus on your ability to work, your RFC is a critical part of your Social Security disability case.
So, how do I develop my workplace limitations and residual functional capacity?
While many lawyers use a custom form (my Colorado law firm uses a special forms for our clients which we have fine tuned over the years) Social Security provides two general workplace limitations forms that anyone can use.
St Baldrick’s Children’s Cancer Research Fundraiser
The annual St. Baldrick’s day head shave to raise money for children’s cancer research was a total blast at Jack Quinn’s Irish Pub in downtown Colorado Springs. The upper floor was packed wall to wall with shavees, friends, families, supporters and well wishers. The event raised over $42,000 towards children’s cancer research.
And I got to go from this … to this!
Parent misusing child’s Social Security benefits?
The responsibilities of a Social Security payee have come up a lot in the comments recently:
I don’t live with my parents for 3 years but they get my disability check. They don’t give me any or pay any to the place I live.
What if parent is receiving benefits for a child not living with her and keeping the money for herself.
Social Security has good information about payee responsibilities, written in nice clear language. Concerning how a parent can use a child’s Social Security (survivor’s or disability) benefits:
First, you must make sure the beneficiary’s day-to-day needs for food and shelter are met. Then, the money can be used for any of the beneficiary’s medical and dental care that is not covered by health insurance, and for personal needs, such as clothing and recreation. If there is money left after you pay for the beneficiary’s needs, it must be saved, preferably in an interest-bearing account or U.S. Savings Bonds.
A payee has to annually complete a worksheet describing how the benefits were used
Social Security’s phone number in Colorado Springs
If you need to call the Colorado Springs Social Security office by phone, it can be difficult to find the correct telephone number. Our office receives a number of calls a day because the numbers currently pulled up by Google have been disconnected! Social Security is transitioning to new phone system and the search engines have not caught up yet.
Well don’t worry, here are the numbers to call for the Colorado Springs Social Security office:
(888) 880-0688
TTY (719) 597-2770.
If you need a different Social Security office, SSA has a webpage for finding your local Social Security office address and telephone number. You can also reach a Social Security representative at the national toll-free number: 1-800-772-1213.
If you need to find the Colorado Springs Social Security office, it is at the following address
Can you keep the Social Security check for the month someone dies?
I was recently asked if you can keep (or do you have to return) a Social Security check for the month someone dies. Here is the answer straight from Social Security:
If A Beneficiary Dies
Let us know if a person receiving Social Security benefits dies. Benefits are not payable for the month of death. That means if the person died any time in July, for example, the check received in August (which is payment for July) must be returned. If direct deposit is used, also notify the financial institution of the death as soon as possible so it can return any payments received after death.
So, if …
Are lawyers slowing down Social Security disability cases?
A commenter recently wrote:
BEWARE! Attorneys will stretch out the claim filing because the longer it takes, the more money they get.
As I wrote in Can You Pick Your Lawyer Out of a Line-Up, lawyers should work for their money. So, if you are not getting value from your representative, maybe you should change who you are working with. However, it is something of a myth that lawyers can speed up or slow down Social Security cases. Of course, a lot of this perpetrated by legal advertising. You have probably seen more than one ad touting “Faster Results!”
So, let’s look at this issue.
What are lawyers’ promises of ‘Faster Results’ really about?
In most medium-sized markets, there are often a dozen lawyers, big and small, competing for your business. In a large market, there could be scores of attorneys competing against each other. Nowadays, you can also add large national companies trying to scoop up as many cases as possible like a blue whale trawling for plankton. The competition isn’t for winning your case; it’s for getting hired! While the lawyer/company won’t get paid unless the case is won, they don’t even get a chance to win the case unless you pick them!
However, since Social Security determines the fees lawyers can charge, you don’t see competition on price. Instead, you get the promise of “Whiter Whites!” which in legal circles translates to “Faster Results!” or “99% Success Rate” or “150 Years Combined Experience.” I have written about the last two previously, so let’s consider the faster results pitch.
It is certainly a compelling offer. Who doesn’t want at least a chance of getting their case done faster? However, are you about to sign on with a better firm, or are you just getting flim-flammed?
If a representative promises faster results, the results are faster than what? Faster than the national average? That might only mean that they work in one of 25 states that is processes cases faster than the other 25 states. That may not be saying much.
If an representative claims “most of our cases are approved without a hearing!” To my jaded ears that sounds like they selectively pick cases which are likely to be approved anyway and brief them. Explaining why a case should be approved certainly helps the claimant and counts as work. However, sticking with easy cases is like never getting beyond tic-tak-toe, it doesn’t build legal muscles. Do you get a discount because your case is easy? Probably not.
If you still feel compelled to contact a law firm or non-lawyer representative company promising fast results, remember to ask these four questions:
Unfairly treated by Social Security Judge?
If you feel that you were treated unfairly by the Social Security judge, you can file an “Unfair Treatment Complaint” and ask that Social Security review what happened. Someone who was not involved in your case will review your complaint and take action, if appropriate. While there is no guarantee that Social Security will find that action is needed, you will be notified before Social Security closes the matter.
Keep in mind that filing an unfair treatment complaint does not appeal the judge’s decision. If you were denied and want to appeal the denial, you still need to complete an appeal. At the time of this writing, the form to …
Amputation and prosthetics: from coming to peace to a celebration of differences
This is a great episode of The Moth podcast which showcases true stories, told live. Here is Aimee Mullins discussing overcoming her families fear that show her prosthetics would make her ostracized, to expectations that continued to haunt her even after success as an athlete and model.
The Moth: Amy Mullins – A Work in Progress
Give it a listen!
photo credit: Andrea Rinaldi
2012 SSI benefit increases
Supplemental Security Income (SSI) benefits are going up in 2012. After three years of no cost of living (COLA) benefit increases, benefits are finally getting nudged upwards from a maximum of $674 per month for individuals (and $1011 per month for couples) to $698 for individuals and $1048 for couples.
photo credit: charlieambler
What medical records cost in your state
Here is a great site that lists all of the medical record charges by state. I have previously written about what it costs to get your records in Colorado. Colorado’s regulation is contained in 6 C.C.R. 1011-1, Chapter 2, Part 5.2.3.4
5.2.3.4 Unless otherwise prohibited by law, a representative of the patient, other than a “personal representative” as defined in the Federal Health Insurance Portability and Accountability Act (HIPAA) § 164.502(g), with the patient’s written authorization, shall pay for the reasonable cost of obtaining a copy of the patient’s record, which shall be $16.50 for the first ten or fewer pages, $.75 per page for pages 11-40, and $.50 per page for every additional …
What does a critical case review look like?
I have previously discussed expediting Social Security disability cases for Dire Need. I recently came across the worksheet that Social Security uses when evaluating these cases:
This includes consideration of the following issues:
Terminal illness.
Wounded warrior.
Compassionate allowance.
Dire need.
Suicidal/homicidal ideation cases.
Here is a link to the HALLEX for the form. Note: this a form Social Security uses internally. You do not need to use this to request consideration as a critical case. All you need to do is write a letter to the SSA office working on your case and state why the case should be expedited. Of course, the reason(s) should fall into one areas discussed above.
Shaving my head for St Baldricks children’s cancer charity
I will be getting shaved, shorn, polished, cue-balled, unleashing my solar panel, for St. Baldricks.
Join my team and you too can go all Yul Brenner, or Vin Diesel, or Mr. Clean, too! Or, Mrs. Clean!
Sponsor my shaved head and your donation helps fund children’s cancer research!
Come on! Click and go help out children in need! It’s even tax deductible!
Best Practices for Social Security Disability Representatives
Social Security has a great overview site for new Social Security disability representatives (both lawyers and non-lawyers) going over best practices before the Social Security Administration.
Here are some good tips:
Timely submit the form ssa-1696 and fee agreement.
Timely alert the hearing office of any change of address or phone number for either yourself or the claimant.
Do not submit duplicative evidence.
Submit evidence as far in advance of the hearing as possible, using electronic records express.
Before faxing evidence, check to ensure the evidence you are submitting matches the claimant.
Make sure the barcode is the first item faxed in order to ensure proper identification of all …
Can sit down jobs be LIGHT work?
Social Security separates jobs into groups based on physical requirements: sedentary, light, medium, and heavy. For many individuals, the outcome of a case depends on the number of sedentary jobs available.
This is often an issue in back injury cases where Light work is eliminated, but sedentary jobs are still a possibility. If there are enough of them. If a job can be put in the Light category, it may be eliminated based on physical limitations.
So, here is the question: can a sit down job requiring no more than lifting 10 pounds (typically suggesting Sedentary work) ever be a Light job? Yes, it can!
Many practitioners may be surprised by this. We have been taught (and we hear over and over) that sedentary work means: lifting no more than 10 pounds occasionally (up to 1/3 of an 8 hour day) or less than 10 pounds frequently (up to 2/3 of an 8 hour day) AND standing or walking no more than 2 hours out of 8.
So how can a job with almost no walking and lifting less than 10 pounds be light?
