How long after a consultative examination does it take to get a decision?
I was recently asked how long after Social Security sends you to a doctor for a consultative examination will it take to get a decision.
I previously wrote about how long it takes to receive an initial decision after you apply for Social Security disability benefits and how long it takes to get a Social Security hearing.
Unfortunately, there are no hard and fast rules for how long it will take to …
Email claims Social Security is voluntary and tax deductible – true or false?
An email is making the rounds purporting to be a “history lesson” on Social Security for “young whipper snappers” who “weren’t taught or just didn’t know” the following truths about Social Security. In case you doubt any of these, the email tells you “facts are facts.”
The email tells you:
Social Security is VOLUNTARY and has been since FDR set it up.
Participants would only have to pay 1% of their annual income.
The money put into Social Security would be deductible from the participant income taxes.
Money put into Social Security would go into Trust Fund and not the General Operating Fund.
Annuity payments to retirees would never be taxes as income.
OMG! Voluntary? One percent? Deductible?
IS THIS TRUE?!?!
What is a Protected Filing Date (PFD) in a Social Security disability case?
The Protected Filing Date (PFD) is the date you contacted Social Security and asked to file an application.
What is so special about that?
The PFD is used to determine how far back your benefits can be paid.
What makes it “protected?”
Since the application process takes time, Social Security does not want to penalize you for delay between the time you ask to start an application and the time you actually finish it.
For example: if you contact Social Security on January 2nd to start an application (Social Security is closed on new year’s day), but do not turn in all the paperwork until February 1st, Social Security will …
What’s the Wordle?
Wordle.net creates very pretty tag clouds based on most used words on your site. Here’s ours:
How long does it take to get a decision in a Social Security disability case?
How long after you complete your application for Social Security disability benefits (or Supplemental Security Income – SSI benefits), does it take to get a decision?
In Colorado where I practice, it usually takes between four and six months after you apply to get the initial decision. Sometimes, Social Security will describe this as between 120 and 180 days.
Social Security Stimulus: are children eligible?
I was recently asked if children who receive Social Security benefits are eligible for the one time $250 economic recovery stimulus payment.
Originally, it looked like the answer was “no.” When this article was written in March 2009, the SSA FAQ said the following.
Question: Are children who receive Social Security benefits eligible for the one-time economic recovery payment?
Answer: No, children under the age of 18 (19 if still in high school) who receive Social Security benefits are NOT eligible for the one-time payment. However, disabled adult children will receive a payment.
However, it was pointed out to me that children on Supplemental Security Income (SSI) are eligible for the economic recovery stimulus payment.
Question: Are children who …
How Social Security reviews cases: the 5 step sequential evaluation process
I have written about how Social Security defines disability, work, and a substantial gainful activity.
But, how does Social Security really evaluate a case?
Social Security reviews cases using the five-step sequential evaluation process to decide is a person is disabled. Here are the 5 questions that make up the sequential evaluation process:
Does your impairment keep you from being able to perform a substantial gainful activity (SGA), generally full-time, competitive, work?
Is your impairment severe? AND, is your impairment expected to remain severe for at least 12 months?
Does your impairment “meet or equal” one of Social Security’s “Listing of Impairments?” A listing of medical conditions, acceptable medical evidence, and the severity necessary for an impairment to be considered disabling. There are separate listings for adults and for children.
Does your impairment prevents you from being able to perform any job you performed over the last 15 years which was also a substantial gainful activity?
Does your impairment prevent you from being able to perform any other type of work which exists in substantial numbers of the national economy?
Let’s take these one at a time:
The subjective nature of pain and the disability case
Former disability examiner, Timothy Moore, writes about his experiences with lower back pain and the Social Security Disability Process:
About one week ago to the day, I injured my lower back. And though I am now fully on the road to recovery, I can’t help but wonder what it would be like to be saddled with nagging lumbar back pain indefinitely …
… light jobs would be difficult because handling any amount of weight, let alone, say, 20 pounds, would aggravate a back problem. I rediscovered this reality yesterday as I, in a limited fashion, tried to help my wife with groceries. The simple weight of a gallon jug of milk was enough to make me wince. How about a sedentary job? Well, the problem with sedentary jobs has to do with…being sedentary.
As many claimants with chronic lower back pain will attest, being in a seated position can become very uncomfortable even after a few minutes. But even “sedentary jobs” are not entirely sedentary. Most sedentary work still involves having to get up and down from a seated position dozens of times during the course of a day. And this can obviously present a problem for someone with lower lumbar pain. …
Disability examiners, their supervisors, and the medical consultants with whom disability examiners work all too often slap decisions on cases without allowing claimants reasonable consideration with respect to their pain.
Tim goes on to discuss why disability examiners do not give reasonable considerations to pain. Read the entire article here.
How to postpone a Social Security hearing?
Even though it often takes a year or even two years to get your Social Security hearing, you may find that you are not ready when the big day finally comes.
Is there any way to continue, postpone, or delay my Social Security hearing?
Yes. You can request a continuance to postpone your hearing.
Lets look at how to do this.
What is a rheumatologist?
The American College of Rheumatology has a great overview of what a rheumatologist is and when you should consider seeing one.
A rheumatologist is an internist or pediatrician who is qualified by additional training and experience in the diagnosis and treatment of arthritis and other diseases of the joints, muscles and bones. Many rheumatologists conduct research to determine the cause and better treatments for these disabling and sometimes fatal diseases.
What Do Rheumatologists Treat?
Rheumatologists treat arthritis, certain autoimmune diseases, musculoskeletal pain disorders and osteoporosis. There are more than 100 types of these diseases, including rheumatoid arthritis, osteoarthritis, gout, lupus, back pain, osteoporosis, fibromyalgia and tendonitis. Some of these are very serious diseases that can be difficult to diagnose and treat.
When Should You See a Rheumatologist?
If musculoskeletal pains are not severe or disabling and last just a few days, it makes sense to give the problem a reasonable chance to be resolved. But sometimes, pain in the joints, muscles or bones is severe or persists for more than a few days. At that point, you should see your physician.
Seeing a Rheumatologist in a Social Security case:
Seeing a specialist can often be critical in the Social Security case.
How do unemployment benefits affect a Social Security disability claim?
How do unemployment insurance benefits affect a claim for Social Security disability benefits?
Receiving unemployment benefits can be a problem if you have a claim for Social Security disability insurance (SSDI) or Supplemental Security Income (SSI) because you are making two inconsistent statements:
To get unemployment benefits, you are claiming that you are able to work, but you cannot find a job.
But, to get Social Security disability benefits, you are claiming that you cannot perform any type of work at a …
How long after my case is assigned to a Judge does it take to get a hearing?
If you are keeping in touch with the Office of Disability Adjudication and Review (ODAR) which is preparing your case for hearing, you may be told that your case has finally been assigned to an Administrative Law Judge (ALJ).
However, ODAR may not tell you is how much longer it will take to get a hearing date, now that your case has been assigned to a Judge. So, how long after your case is assigned to a judge will it take to get a hearing?
Save yourself a trip to Social Security – Use SSA Online!
Before you put yourself through the drudgery of going down to your local Social Security office, check the Social Security website to see if you can take care of your problem without going in.
There are a lot of things you can take care of online.
Tips when going to the Social Security Administration office
I hear a lot of horror stories about going to the Social Security office.
If you need to go to the Social Security office to get a replacement card, change your name, or try to straighten something out with SSA, here are a few tips:
