Documenting Social Anxiety for Social Security
Preface: It should be noted that medical evidence (such as treatment records and opinions) are often the best evidence of how social anxiety disorder is disabling. However, by its very nature, social anxiety disorder can make treatment difficult if not impossible. This post discusses alternative methods of documenting a social anxiety disability case.
Every case is different so it is very difficult to make general statements about how to prove a case. At least, other than, “make sure SSA gets your medical records.” Personally, I recommend working with a lawyer to help figure out the best way to develop your …
Social Security disability review for children turning 18
Many parents mistakenly believe children’s Social Security disability benefits (Children’s SSI) are forever. However, that is not the case. If your child is still on disability when he/she turns 18, you may receive a letter that says the following:
Earlier we wrote to tell you that we would review your Supplemental Security Income (SSI) disability case to decide if you were still disabled. We are writing now to tell you that because you are over age 18, we will use the same disability rules we use for adults who file new claims to decide your case. However, we will not apply the rule that says we must deny your claim if you are working.
Doctors and other trained staff will decide if you are disabled under the disability rules for adults. We may decide that you are not disabled under the disability rules for adults and your SSI payments could stop. The disability rules for adults are different than the disability rules for children we used when we last looked at your case. So we may find you are not disabled now even though we found you disabled before. When we decide we will let you know our decision. Our letter will explain your right to appeal the decision. If you appeal the decision you can also choose to have us continue to make payments until we decide the appeal.
Social Security has to make a re-determination of disability at age 18 in order for benefits to continue. In short, once a child turns 18, they have to once again prove they are disabled — this time under the adult standard.
Should I make a video for my Social Security disability case?
Some of my clients want to make a video for Social Security showing their disability. It’s a tempting idea. What’s could be a better way of showing how a conditions disabling, than by simply letting the judge see for himself. However, there is a downside to using videos in Social Security cases that people often overlook.
Here are the pros and cons of using video in a disability case:
Social Security disability just got a bit easier – SDM forms not evidence in appeals
Social Security frequently has single decision makers (SDMs) complete forms describing what an individual can and cannot do in the workplace. These are very important case since the ultimate issue in a Social Security disability is whether an individual can still perform some type of work.
§404.906 describes the SDM process:
(2) In the single decisionmaker model, the decisionmaker will make the disability determination and may also determine whether the other conditions for entitlement to benefits based on disability are met. The decisionmaker will make the disability determination after any appropriate consultation with a medical or psychological consultant. The medical or psychological consultant will not be required to sign the disability determination forms we use to have the State agency certify the determination of disability to us (see §404.1615). However, before an initial determination is made that a claimant is not disabled in any case where there is evidence which indicates the existence of a mental impairment, the decisionmaker will make every reasonable effort to ensure that a qualified psychiatrist or psychologist has completed the medical portion of the case review and any applicable residual functional capacity assessment pursuant to our existing procedures (see §404.1617). In some instances the decisionmaker may be the disability claim manager described in paragraph (b)(1) of this section. When the decisionmaker is a State agency employee, a team of individuals that includes a Federal employee will determine whether the other conditions for entitlement to benefits are met.
The problem with a SDM deciding an individual’s limitations is that SDMs are not doctors, nor nurses, nor any type of medical professional. The SDM is often the Social Security case manager working in the Disability Determination Services (DDS) office.
The SDM often works with a medical expert to evaluate the extent of a claimant’s impairments and the resulting limitations. However, it is the SDM, not the medical professional, who often completes the limitations forms and decides whether an individual is disabled.
The key to Social Security children’s disability cases: functional equivalence
Most children’s Social Security disability cases are decided using Functional Equivalence. If you need some background before diving into this, check out my earlier piece on the basics of Social Security and children’s disability benefits.
If you cannot clearly prove that a child meets or medically equals a listing, it often a good idea to prepare to prove the case using functional equivalence. Do not worry about the terminology. The process is fairly simple: to decide functional equivalence, Social Security looks at children’s functions in 6 areas (or “domains”):
Acquiring and using information.
Attending and completing tasks.
Interacting and relating with others.
Moving about and manipulating objects.
Caring for yourself.
Health and physical well-being.
To win a child’s Social Security disability case for functional equivalence, you need to have either a) an extreme in limitation in one domain; or b) a marked limitation in two domains.
However, what constitutes a marked or an extreme limitations can be hard to determine.
How to view Social Security’s new encrypted disks
I previously wrote about how to read Social Security’s (previously non-encrypted) cd disks and several articles on how to find information with the Social Security files.
Since Social Security has started provided encrypted Social Security exhibit CDs, many people contacting my office have not been able to access their files. The Social Security encrypted disks are keeping claimants from accessing their data.
First, you have to be running Microsoft Windows. Fortunately, some early concerns about having the encryption system only working in Windows Vista seem to be unfounded. I have been able to access the encryption system in Windows 7. However, if you are using a Mac (like I am) or Linux, you are out of luck unless you virtualize a Windows system.
Let’s go through how to get at those file!
Is there a perfect recipe for a Social Security disability case?
I had a great back and forth discussion with one of my readers in the comments about how different evidence affects a Social Security disability case. Here is part of the comment:
If you go to a mental health clinic for disabling mental impairments. They usually score you and document how impaired you are and what your level of functioning is. So, I would think it would be easier getting your case approved for a mental health disability if the mental health clinic has documentation showing you have extreme low level of functioning vs. someone applying for disability for say chronic fatigue or …
Can non-citizens receive Social Security SSI disability benefits?
Yes. Lawful immigrants to the United States are eligible to receive Social Security disability benefits.
In general, beginning August 22, 1996, most noncitizens must meet two requirements to potentially be eligible for SSI:
Be in a qualified alien category, and
Meet a condition that allows qualified aliens to get SSI.
There are eight categories of qualified aliens. The categories are:
Lawfully admitted for permanent residence in the United States (LAPR), including certain Amerasian immigrants;
Conditional Entrants under the law in effect before April 1,1980;
Paroled into the United States for certain reasons for a period of one year or more;
Refugee;
Granted asylum;
Deportation or removal is being withheld for certain reasons; or
Cuban and …
Getting problems solved at Social Security
I was recently asked how to take care of bad information in a Social Security file which was preventing the release of back Social Security disability benefits.
Of course the first issue is whether there is a deadline that may affect the individual’s rights. If there is, then the suggestions below may go out the window. You always have to first preserve your legal rights. There are often time limits and deadlines in Social Security cases. If you miss a deadline, your entire case may go away or at a minimun, you may lose some of your rights.
Put another way: these are tips on working with Social Security to get general problems solved
Criminal records, hire-ability, and Social Security disability
What if you cannot get a job because a criminal record? If no one will hire you, does that affect how Social Security will view your disability case?
I have a felony record from a stupid thing I did years ago. I did my time and I have not gotten in trouble since. When I was younger I did jobs that did not require a background check. Now, I’m older and I can’t do construction work any more. But I can’t get lighter work because I can’t get hired because of my record.
This is truly a “between a rock and a hard place” situation. There is no doubt that a criminal record affects an individual’s ability to get hired for jobs. Many jobs are completely foreclosed. Other jobs are at the discretion of a hiring supervisor – who may not want to hire someone with a criminal record.
How many Social Security disability applications are approved
Ever wonder what the Social Security disability approval rate is? Vicki Johnson, Director of the Colorado Disability Determination Services office presented at the September 2010 Social Security CLE (continuing legal education) program and discussed the percent approved in Social Security disability cases.
Note: Disability Determination Services (DDS) is the part of Social Security that evaluates Social Security case for medical disabilities and makes the initial decision.
Ms. Johnson reports that DDS approves 38% of Social Security disability cases.
Dependency in Children’s Social Security auxiliary benefit cases
Children of disabled parents, who receive Social Security Title 2 Disability Insurance Benefits (DIB), may be entitled to auxiliary benefits. However, Social Security has a number of requirements:
(a) General. You are entitled to child’s benefits on the earnings record of an insured person who is entitled to old-age or disability benefits or who has died if—
(1) You are the insured person’s child, based upon a relationship described in §§404.355 through 404.359;
(2) You are dependent on the insured, as defined in §§404.360 through 404.365;
(3) You …
How going to school affects a Social Security disability benefits case?
I have worked with a number of people who have gone back to school while applying for Social Security disability benefits. This may be going to (or back to) college, trade school, or just getting more training. Generally, Social Security wants to see people getting on with their lives and trying to find a way to make a living. Going back to school is a common part of this.
However, it can sometimes cause problems in a disability case. Social Security cases can be summed up as, “do your conditions keep you from being able to do some kind of work?” That is a bit of a simplification since the standard is whether an individual can engage is a “substantial gainful activity,” but it is a good question to start with.
I’m not trying to work, I’m just going to school. Is this going to be a problem?
That depends on several factors:
How to describe pain in a Social Security disability case?
Even though you live with your pain every day, the Social Security technician or the disability examiner doesn’t know what you are going through, and they won’t know, unless you can tell them. You may feel like yelling,
You don’t know what I go through every day!
And you would be right. No one really knows what it is like to be in another person’s skin. But, when you are applying for Social Security benefits, you have to do your best to communicate the quality of your pain.
Here are some areas to describe
Should I talk to my doctor before applying for Social Security disability benefits?
If you have a long-standing history with your doctor, it is often a good idea to speak with your doctor early on during the Social Security disability application process.
Here are some things you should discuss:
Let your doctor know that you are applying for Social Security disability benefits.
Ask your doctor if he or she feels that you are disabled? Does your doctor think you would be able to do some type of full-time work?
Is the doctor willing to write a statement to Social Security, or fill out a form from your lawyer, about your limitations?
Even if not, ask your doctor would be willing to help out in some other way. The doctor may have a suggestion that might help your case.
Keep in mind that depending on your age you may not need to prove that you cannot perform any kind of work to qualify for Social Security disability benefits.
