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.
How will the 2011 government shutdown affect Social Security
Update 04/09/11: never mind – budget compromise reached.
What will happen to Social Security if/when the government shuts down on midnight April 8, 2011?
Fortunately, for those already on Social Security, the checks (including direct deposit) will keep coming.
However, those needing to take care of business with Social Security, or need to get problems resolved, may have more problems. Social Security has a shutdown contingency plan (pdf link – 1.85 mb) indicating the following continuing services, cutbacks and reductions
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 …
Social Security Disability Benefits for Children
Disabled children under age 18 can receive Social Security disability benefits under the Supplemental Security Income (SSI) program, or “Child’s SSI.” In order to qualify for children’s disability benefits, Social Security requires that the child:
Is not working at a job that Social Security considers to be substantial work; and
Has a physical or mental condition (or a combination of conditions) that results in “marked and severe functional limitations.” This means that the condition(s) very seriously limits his or her activities; and
The condition(s) has lasted, or is expected to last, at least 1 year or is expected to result in death.
Note: some conditions result in presumptive disability decision. If your child has one of these condition, he or she may be able to be instantly approved.
However, the majority of children’s disability cases focuses on the second part, the requirement of that a condition produces “marked and severe functional limitation.” There are several ways of doing this:
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
Social Security Hearings: Competitive and Non-Competitive Work
What does it mean if the Administrative Law Judge or Vocational Expert mentions “non-competitive work” during a Social Security disability hearing?
“Non-competitive” refers to types of work:
Competitive work is, well, just regular work; with no set-asides, no accommodations beyond the norm.
Work that is performed under special circumstances or that is set aside for disabled individuals (for example: work through Goodwill Industries) is typically viewed as “non-competitive.”
SSR 05-02 (a Social Security Ruling) provides guidance about what constitutes “work under special condition.”
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.
No increase in Social Security SSI disability benefits in 2011
Social Security announced today that there will be no increase in Social Security Supplemental Security Income (SSI) disability benefits for 2011. The Federal Benefit Rate (FBR) – the maximum monthly rate for SSI benefits – will stay at $674 for individuals per month, and $1,011 per month for couples.
Historically, SSI benefits have increased annually. The last increase was in 2009 increasing maximum SSI benefits from $639 to $674. This makes 2011 the third year in a row that SSI benefits are staying at the same rate. More information about changes to Social Security in 2011 including substantial gainful activity (SGA) and trial work period (TWP) amounts can be found …
Social Security Disability News: Fast-Track Getting Faster
Social Security has issued a press release that the Commissioner of the Social Security Administration has published final rules to reduce how long it takes to get an initial decision on the most severe disability cases.
The new rules allow disability examiners to make fully favorable determinations for adult cases under the agency’s Quick Disability Determination (QDD) and Compassionate Allowance (CAL) processes without medical or psychological consultant approval. It also will help the agency process cases more efficiently as it will give medical and psychological consultants more time to work on complex cases where their expertise is most needed.
“The new rules we are publishing today will help us get …
Appeals Council correcting technical errors
I was a the Colorado Bar Association Social Security CLE (Continuing Legal Education) program last week. One of the Judges stated during the presentation that the Social Security Appeals Council will begin correcting “technical errors.”
During the Q&A section, I had to ask whether this meant that the Appeals Council would begin approving more cases outright or if this would result in, effectively, “post hoc” fixing of Administrative Law Judges’ decisions.
The response was that this would not likely increase the number of approvals at the Appeals Council level and, again, this was designed to fix technical errors.
This is disconcerting as some of these “technical errors” might well result in sending cases …
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.
