Social Security survivors’ benefits for widow/ers and children
Survivors’ benefits are a type of Social Security benefits paid to surviving family members when someone dies. This may include benefits paid to the widow(er), parents or children.
In my experience, not a lot of attorneys take survivors’ benefits cases so it is difficult to get your questions answered:
Am I, or my children, eligible for survivors’ benefits?
When am I, or my children, eligible for survivors’ benefits?
Social Security stopped my, or my children’s, survivors’ benefits. Why?
Social Security has a Electronic Fact Sheet which provides a summary of who may be eligible to receive monthly benefits. If Social Security stops …
Where can I find Social Security forms?
Are you looking for a specific Social Security form? Social Security has a page where you can find it.
You can search for a form or browse by category:
Prepare for Your Interview
Benefits Claims Supporting Forms
Medicare Prescription Drug Help Forms
Other Forms
Forms for Other Agencies
Forms You Can Complete and Submit Online
Listed below are the most frequently used appeal forms:
SSA-61 Request for Review By a Federal Reviewing Official
SSA-561-U2 Request for Reconsideration
HA-501-U5 Request for Hearing by Administrative Law Judge…
Quick Disability Determination expands into more states
We all know that the wait to have your disability case decided is too long. Fortunately, Social Security is introducing programs to try to speed up the process, and reduce the backlog of cases awaiting decisions.
Social Security issued a final rule on September 5, 2007 extending nationwide its Quick Disability Determination (QDD) process. Under QDD, a predictive model analyzes specific elements of data within the electronic claims file to identify claims where there is a high potential that the claimant is disabled and where evidence of the person’s allegations can be quickly and easily obtained. … Arizona, …
How to get your Social Security medical records – Part 5
In Colorado the cost of medical records are based on the number of pages you get. This means getting your records can quickly get expensive. But, you do not have to request every single scrap of paper, phone message, or referral that was ever generated by your doctor’s office. If you want to, you certainly can. But, chances are you will be paying for records you do not really need.
One way to keep the costs of your case down is to limit the scope of the medical records you are requesting. You can do this in two ways: Limit the dates of service (how far back …
How To Get Your Social Security Medical Records – Part 4
So, how much is it going to cost me to get my medical records?
The cost of obtaining medical records differs from state to state. In Colorado, where my practice is located, doctors’ offices are supposed to charge no more than the “reasonable cost” of providing the records.
Under Colorado law, the “reasonable cost” is $14.00 for pages 1-10, $0.50 per page for pages 11-40, and $0.33 for every page after that. Plus postage.
So, it all comes down to the number of pages of records you are requesting. If you are requesting 60 pages of records, the cost would be as follows:
$14.00 for pages 1-10
$15.00 for …
How To Get Your Social Security Medical Records – Part 3
How do you get your medical records? In Colorado, anyone over the age of 18 can get a copy of their medical records by making a written request to their doctor’s office.
If you have only one doctor, or just a couple of doctors, you can simply ask. Sometimes, the records will be waiting for you by the time you are done with the examination. Of course, this is a best case scenario and things get more complicated from here:
You may have to fill out a HIPAA compliant authorization allowing the doctor’s office to release your records. Unfortunately, while HIPAA provides guidelines of what …
How To Get Your Social Security Medical Records – Part 2
In Part 1, we talked about some of the reasons why Social Security may not get all your relevant medical records.
Here is the real kicker: you often only find out what records Social Security has obtained in the denial notice.
In Colorado, where my Social Security practice is located, Social Security used to send out a letter listing what records they had before making a decision. This notice also asked if you had any additional records you wanted Social Security to consider before a decision was made.
I have not seen that notice in years. Nowadays, you get …
How To Get Your Social Security Medical Records – Part 1
If you just filed for benefits, you may be wondering if there is anything you can do to improve your chances of being approved?
Yes! Get your medical records!
Why should I get my own records? Social Security is supposed to get my records themselves — and that does not cost me anything. Why should I spend my money to get the records myself?
Unfortunately, you probably won’t know if Social Security actually got your records until they make their decision.
While you may have given Social Security the names and addresses of your doctors, AND signed authorizations allowing your doctors to release information to Social Security, there …
What can I do if I cannot afford medical treatment on my Social Security disability case?
It is vital to get regular medical treatment when you are applying for Social Security disability benefits. I have even seen Judges roll their eyes when a claimant says there are no doctors they can see.
But, I don’t have insurance and I can’t afford to see a doctor on a regular basis. What am I supposed to do?
I’ve gone through my savings.
I’ve asked my spouse, parents and other family members to help me get medical care.
I’ve already even applied for Medicaid….
What if I am earning more than the Substantial Gainful Activity amount?
A number of people responded to my prior post about “substantial gainful activity” amounts. To briefly review: the general rule is that you cannot earn more than the substantial gainful activity amounts to be found disabled.
What do I do if I am earning more than the substantial gainful activity amount? Does than mean I cannot get Social Security disability benefits?!?
Not necessarily. Earnings above SGA amounts are an important factor. But, there are exceptions (including sheltered work, subsidies, unsuccessful work attempts, impairment related work expenses, and trial work periods) that may allow …
Useful Site: Social Security Benefit Calculator
How much will you get from Social Security?
You can check your annual Social Security statement (mailed annually before your birthday) for a rough idea.
Or you can use Social Security’s on-line benefit calculator.
Does Social Security consider all work a Substantial Gainful Activity?
Social Security defines disability as the inability to engage in a “substantial gainful activity” (SGA).
A simplified way of putting this is to say that in order to be found disabled, you have to show that you are unable to work. BUT, this can be misleading. Not all work qualifies as a substantial gainful activity.
So, how do you know if your work is a substantial gainful activity?
The easiest test is earnings.
In 2012, if your gross earnings, that is, before taxes or any other deductions, are $1,010 or more per month as an employee, that is probably a substantial gainful activity. Keep in mind that the …
How Social Security considers your ability to work in a disability case
Under Social Security regulations, disability is the inability to engage in a “substantial gainful activity.” This means that to win a Social Security disability case, you have to show that your impairments prevent you from being able to work.
More specifically, you have to show that you are unable to perform the duties of any work you have performed over the past 15 years AND that you are unable to perform the duties of any other work that exists in substantial numbers in the national economy. Note: these are steps 4 and 5 of the …
Social Security basics: what is a “disability?”
In order to qualify for disability benefits under Social Security you have to be found disabled.
Well, thank you Captain Obvious.
Ok. But, what does it mean to be disabled? Is it enough to have a medical impairment? Is the diagnosis, itself, enough?
In short, no. Under Social Security regulations, it is not enough to have a medical condition. Your impairment(s) have to be severe enough to prevent you from being able to engage in a “Substantial Gainful Activity (SGA).” In most cases, a Substantial Gainful Activity translates to full-time, competitive, employment.
The touchstone of a …
Social Security tip: get regular medical treatment
I hear a number of reasons for not seeing a doctor on a regular basis:
I don’t like going to the doctor.
I prefer herbal medicine.
I have a high threshold for pain.
When I hurt I just stay in bed.
This is unfortunate because regular and ongoing treatment is one of the foundations of building a Social Security case.
Why? Treatment generates medical records which do several things to build your disability case:
Medical records can establish a medically determinable impairment. Social Security regulations prevent approving a disability claim based on symptoms alone. Social Security requires a medically determinable impairment, basically, a diagnosis …
