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May 24 2016

What Happens At Our Initial Meeting?


Adams & Associates » Blog Post » Page 3

professional meetingThe process of applying for Social Security disability in Rabun County can be long and daunting. An experienced Accredited Disability Representative (ADR) will make the process easier.

At our initial meeting, ADR Randy Adams will help you understand the ins and outs of your claim. You will be asked a series of questions that help determine whether or not your claim meets the requirements of the Social Security Administration (SSA). Don’t worry if you don’t know answers to all of the questions. They are just a framework to get your claim started. You should bring any documents that provide information to the questions you may be asked or that you feel may be helpful in your claim.

Some Questions We May Ask

In order to determine whether or not you qualify for Social Security disability insurance (SSDI) or SSI, we will ask you questions regarding your birth, residency, citizenship, marriage, finances, education, past work, medical history, and your disability. Some questions are specific to SSDI and others will only be asked if you are applying for SSI. However, you should be prepared to answer as many of these questions as possible.

Basic Questions about You

  • What is your full name, address, date of birth, and social security number?
  • If you are or have ever been married, what is the name, date of birth, and social security number of your spouse? When were you married?
  • Are you a U.S citizen or a qualifying non-citizen alien?
  • Have you ever lived or worked outside of the United States?
  • Have you recently traveled outside of the United State for a period of 30 days or more?
  • Have you ever applied for SSDI or SSI? If so, when and what was the outcome?

Questions about Your Finances

  • What is the total value of your real and personal property, including houses, land, vehicles, and anything else of value that you or your spouse own?
  • How much money do you have in your bank accounts, stocks, savings bonds, life insurance, retirement, and other financial accounts?
  • Do you receive any other cash payments, such as retirement, pensions, Social Security benefits, etc.?
  • Who pays for your housing, food, and other necessities?
  • Have you given away any resources in the last 3 years?

Questions about Your Education and Work

  • What is the highest level of education that you completed?
  • Were you considered low performing or behaviorally challenged in school, or did you have any kind of individual education plan?
  • Do you currently work? If not, when did you become too sick to work?
  • Where have you worked for the past 15 years, and how much did you earn annually at those jobs?
  • What kinds of work have you done throughout your lifetime? Did you need accommodations for these jobs?

Questions about Your Medical Conditions

  • What medical conditions do you have, including mental and physical impairments?
  • Describe your symptoms with as much detail as you can.
  • Name the doctors you are currently seeing or have ever seen for your conditions.
  • Do you have any mental health issues, such as depression or anxiety?
  • Are you blind? If so, what is the vision acuity of your best eye with the use of corrective lenses?

What You Should Bring With You

  • A photo ID that includes your date of birth, such as a driver’s license, state ID, or passport.
  • Your Social Security card or non-citizen identification.
  • Any SSDI/SSI applications you have submitted in the past as well as appeal and outcome information.
  • Financial information, such as tax returns, bank accounts, stocks, savings bonds, land and home appraisals, vehicle details, personal property values, life insurance, and anything else that could be converted to cash.
  • A list of all employers and places you’ve volunteered for at least the past 15 years, as well as descriptions of those jobs.
  • A list of schools or training programs you have attended and any records or individual education plans you have in your possession. If you do not have records, we may request them for you.
  • A list of your doctors, psychiatrists, counselors, chiropractors, and any other medical professionals who have treated you for your condition.
  • A list of your medications and medical devices that you use.
  • Any medical records or other evidence that you have that you feel supports your condition. If you do not have medical records, we will request them for you.

At the Interview

Our initial meeting will be a time to get to know one another. We will ask you questions and make copies of the documents you bring. We will explain the process of applying for SSDI/SSI and let you know what to expect going forward. An experienced ADR will explain the nuances of the Social Security system as they apply to your claim specifically. Feel free to ask any questions throughout the meeting or call us if you think of questions after you leave our office.

If you are considering applying for Social Security disability in Rabun County, call Adams & Associates Disability Inc. at 1-888-551-1190 to schedule your free case evaluation.

 

Categorized: Blog Post, Social Security Disability

May 10 2016

How the Disability Claims Process Works


Adams & Associates » Blog Post » Page 3

Close up of Social Security Disability Claim Form

If you are applying for Social Security disability in Clayton or elsewhere in Georgia, you may be wondering what to expect.  The process of applying for Social Security Disability Insurance/Supplemental Security Income (SSDI/SSI) has many nuances and can be extremely complicated. An experienced Accredited Disability Representative (ADR) can explain the process to you and help you apply for SSDI/SSI as well as appeal if your claim is denied.

Step 1: Meeting with a Representative

The first step in the disability claims process is meeting with a representative who will gather information necessary to determine whether or not your claim meets the requirements of the Social Security Administration (SSA). You should be prepared to answer questions regarding your birth, residency, citizenship, marriage, finances, education, past work, medical history, and your disability. You should also bring any documents that provide information about those things.

Step 2: Submitting an Application

Once your representative gathers information from you, we will submit an application on your behalf. Applications for SSDI/SSI may be submitted online and supporting evidence is then mailed to the SSA.

More than two million applications for disability benefits are submitted each year. Of those, approximately 30% are denied for technical reasons, such as current income that exceeds allowances, lack of work credits, missing medical evidence, or lack of detailed information on the application. Because we do not want your application to be immediately denied due to technical reasons, we will ask you in-depth questions during our initial meeting.

Step 3: A Claims Examiner Is Assigned

About 70% of the SSDI/SSI applications submitted proceed to a 5-step evaluation process. During this step of the process, a claims examiner is assigned to your specific claim. The claims examiner evaluates all of the evidence that we submit and may request additional information. The examiner considers the following:

  • Your current work status.
  • The severity of your condition.
  • Whether or not your impairment meets SSA criteria.
  • Whether or not you can do work that you’ve previously done.
  • Whether or not you can do any other kind of work.

More than 60% of applications are denied at this level. Of those, about 50% of claimants go on to appeal their claims. The other 10% give up. With the help of an experienced ADR, you will have the ability to confidently appeal a denial.

Step 4: Appeal Disability Claims Process

If your application is initially denied, within 60 days of the date of denial we will request reconsideration by the state disability determination services. At this step, a different disability examiner and medical team will be assigned to your claim. We may submit additional evidence for consideration. Medical treatment is essential throughout this process so that we can continuously update disability information with the SSA. Only 10% of people are approved through reconsideration. The other 90% are denied; however, only 18% of those denials continue with the appeal process.

Step 5: Administrative Hearing

Within 60 days, we will appeal a denial of the reconsideration. At this point, an Administrative Law Judge (ALJ) will review all documentary evidence submitted in the claim as well as witness testimony. An official hearing will be held where we may ask questions of the witness and present arguments to the ALJ. An ALJ will issue a determination, which may be appealed if denied.

Step 6: Appeals Council Review

If the ALJ denies your claim, you may appeal to an appeals council; however, the appeals council may refuse to hear the claim. If they accept the claim, the appeals council will review all evidence of record, any additional evidence submitted, and the ALJ’s decision. The council may also consult with physicians. They will uphold, change, or reverse the ALJ’s decision. The appeals council may make findings but send the claim back to the ALJ for another hearing. If your claim is dismissed or denied, you may appeal directly to federal court within 60 days.

Step 7: Federal Court Appeal

A claim that is denied may be appealed to federal court. The court will consider all evidence on record, additional evidence, and decisions made by lower level reviewers. Your lawyer may also submit a brief detailing exactly how your claim meets the requirements of an SSDI/SSI claim. The federal court approves more than 80% of the claims that it reviews. Thus, once you reach the federal court appeal level, you have a much better chance of approval.

Step 8: Receiving Benefits

Once approved, SSDI benefits are payable approximately 6 months after the date that SSA determines your disability to have begun. However, you may also be able to receive “back pay” for benefits lost prior to that waiting period. If your claim went through a lengthy appeal process, you will receive a large lump sum payment to “catch up” on benefits that you were owed throughout the process.

SSI claimants are eligible for payments beginning the first day of the month following the application date. SSI payments do not include a “back pay” period. Thus, it is essential that you apply for SSI right when you are eligible.

If you are applying for Social Security disability in Clayton or elsewhere in central Georgia, Adams & Associates can assist you. We will be with you at each step from the initial application through your hearing.  Call us at 1-888-551-1190 today.

 

Categorized: Blog Post, Social Security Disability

Apr 29 2016

Medical Treatment Is Crucial to the Success of Your Social Security Disability Claim


Adams & Associates » Blog Post » Page 3

physician and worried patientMEDICAL TREATMENT IS CRUCIAL TO THE SUCCESS OF YOUR SOCIAL SECURITY DISABILITY CLAIM

Eligibility for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits often depends on the quality of a claimant’s medical evidence.  You must have a severe “medically determinable” physical or mental impairment that has lasted or is expected to last for at least one year or is expected to result in death. An impairment is medically determinable if it is adequately documented by evidence from medical professionals. Thus, it is essential that you obtain continuous medical treatment to show that you have an ongoing physical or mental impairment.

What Is a Physical or Mental Impairment?

A physical or mental impairment is one that results from anatomical, physiological, or psychological abnormalities.

A physical impairment is an anatomical or physiological disorder or condition affecting one or more body systems, such as the neurological, musculoskeletal, respiratory, cardiovascular, digestive, lymphatic, and endocrine systems.

A mental impairment is a psychological disorder such as mental retardation, emotional or mental illness, and organic brain syndrome.

How Can You Prove that You Have a Severe Medically Determinable Impairment?

The only way to prove that you have a severe medically determinable impairment is with acceptable medical treatment. Physical and mental impairments can be shown through signs (clinical observations by your doctor), symptoms (what you experience), and laboratory findings. The existence of symptoms alone cannot be the basis for an impairment. Medically acceptable clinical and laboratory diagnostic techniques performed by medical professionals are necessary.

A disability examiner deciding a claim cannot make medical determinations because he or she is not a trained medical professional. The examiner must see verifiable medical evidence that your impairments are severe.

Licensed physicians, psychiatrists, and psychologists are acceptable sources of information. Chiropractors, acupuncturists, massage therapists, and other service providers without a medical license do not carry any weight with a disability examiner.

Medical specialists will provide the most acceptable medical opinions of your impairment. For example, if you have an impairment related to your feet, a podiatrist is the best source of information.

Clinical and laboratory tests are the most effective type of medical information. Valid tests may include MRIs, CAT scans, X-rays, biopsies, blood screening, and mental exams performed by licensed psychiatrists or psychologists.

Physician’s notes from office visits and ER treatment are also acceptable; however, those notes must provide more information than just a description of your symptoms.

What Information Should Be Included in Medical Evidence?

If your medical provider is willing to support your SSDI/SSI claim, then you should ask him or her to be sure your records include the following information:

Your date of onset. The disability claims examiner will want to know when your symptoms first began and when they became disabling.

Your level of disability. Your physician can evaluate whether or not you are able to perform work-related activities. Your physician can fill out a form that details your residual functional capacity, which describes what you can and cannot do due to your impairment. If he or she is not familiar with the criteria considered by the SSA, you may consider finding a medical provider who specializes in SSDI/SSI claims.

Your prognosis. You must show that your condition has lasted or is expected to last at least one year, or is expected to result in death. Your medical provider should be able to assess whether your impairment is expected to improve, stay the same, or worsen over time.

Does the Age of Medical Evidence Matter?

A claims examiner will consider all medical evidence that you provide. When determining the onset of your disability, a claims examiner will review when your doctor first made a diagnosis and when your symptoms became disabling. However, it is essential that you have current medical treatment records as well. Do not make the mistake of stopping medical treatment after you have been diagnosed. If you prove that you were disabled five years ago, but have not sought treatment recently, a claims examiner has no acceptable medical treatment to consider your current level of disability and prognosis. In order to be eligible for SSDI/SSI currently, you must prove that you are currently disabled. Your statements, no matter how genuine, cannot be the sole basis of disability. Only a trained medical provider has the knowledge to provide necessary information in a disability claim.

What if You Have Not Obtained Recent Medical Treatment?

Because medical proof is at the core of your success in applying for SSDI/SSI benefits, it is essential that you obtain acceptable medical treatment. If you have not recently received medical care for your impairment, the SSA will not be able to make a decision about your current level of disability. In such an event, the SSA may ask you to complete a Consultative Exam by an appointed doctor. Such a medical provider will only help the SSA determine the extent of your disability and will not provide you with ongoing treatment and care. It is important to be as honest and compliant as possible with an SSA doctor because their opinions are highly influential in determining your case. However, the best thing for you to do is to see your own doctor so that you can get both treatment and medical evidence.  Evidence from your own doctor will likely be more thorough and helpful to your claim than a report from a consultative examiner who sees you briefly only once.

To find out about your eligibility for Social Security disability or SSI benefits, call Adams & Associates Disability Inc. at 1-888-551-1190.

 

Title: MEDICAL TREATMENT IS CRUCIAL TO THE SUCCESS OF YOUR CLAIM

 

Meta description: Role of medical evidence in proving your claim; medical evidence you need; acceptable sources of medical evidence; importance of recent treatment.

Keyword: Eligibility for Social Security Disability

 

Categorized: Blog Post, Social Security Disability

Apr 25 2016

Are You Disabled?


Adams & Associates » Blog Post » Page 3

elder woman with nurseAre You Disabled Enough to Apply for Social Security in Clayton Georgia?

The key question regarding your eligibility for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits is whether you have a medical condition or combination of conditions that meets Social Security’s definition of “disability.” The criteria are very technical, but the bottom line is:  if you can’t do any full time job because of a medical condition, there’s a good chance you are disabled.

In order to be considered “disabled,” all of the following must be true:

  • You have a physical or mental impairment that is a “severe” condition.
  • You cannot engage in “substantial gainful activity” because of that condition.
  • The condition must be expected to last at least one year or to result in death.

When Is a Condition “Severe?”

To qualify for SSDI/SSI benefits you must have a “severe” medical condition that results in total disability. Benefits are not payable for partial or short-term disability.

A condition is considered severe if it interferes with basic work-related activities.

Examples of basic work-related activities include, but are not limited to, walking; sitting; standing; lifting; pushing; pulling; reaching; carrying; use of judgment; the ability to understand, remember, and carry out simple instructions; the ability to react appropriately in a typical work setting; and the ability to cope with changes in work routine.

You must have medical evidence that you are unable to perform basic work-related activities.  Your statements alone will not be sufficient.

What Is Substantial Gainful Activity?

Adults seeking SSDI/SSI benefits must be unable to engage in any “substantial gainful activity.”

“Substantial” work is work that involves significant physical and/or mental activities.

“Gainful” work is:

  • Work performed for pay or profit; or
  • Work of a nature generally performed for pay or profit; or
  • Work intended for profit, whether or not a profit is realized.

To prove you cannot perform “substantial gainful activity,” you must show that you cannot do work that you have done before (your “past relevant work”) and you are unable to adjust to other work because of your medical condition.

Your Past Relevant Work

“Past relevant work” is work you have done during the past 15 years that involved significant and productive physical and/or mental activities that you did long enough to learn how to do it.

If SSA finds that you cannot perform work that you have done in the past, SSA will consider whether or not you can adjust to any other work.

Other Work

To be considered disabled, you must be unable to adjust to any other work.  In most cases that means you cannot do a simple sit-down job on a full-time basis. In determining whether or not you can adjust to other work, the SSA considers all of the following:

Medical Conditions – All of your medical conditions will be considered when evaluating limitations on your ability to adjust to other work, not just the condition that is giving you the most difficulty.

Age – Advancing age is considered an increasingly limiting factor in your ability to adjust to other work. Younger people under the age of 50 do not generally have age-related limitations.

Education – The SSA will consider your formal education as well as any special job training such as trade or vocational school. Illiteracy and inability to communicate in English significantly limit an individual’s ability to adjust to other work.

Past Work Experience – The SSA will consider your performance in past work. For example, if you were unable to lift more than 30 lbs. in previous jobs, your lifting abilities are limited in adjusting to other work.

Transferrable Skills – The skills you have gained from education, training, and previous work experience will be considered when evaluating your ability to adjust to other work.

The Listing of Impairments—a Short Cut to Disability

The Social Security Administration (SSA) maintains a listing of physical and mental impairments that are potentially disabling. Severity criteria are provided for each impairment.  If your condition is on the list of impairments and meets the severity criteria, you will be found to be disabled.  SSA will not need to consider whether you can do your past work or other work. They will presume your condition is so severe that you are unable to work.

If you have a condition or combination of conditions that are not listed but are equally as severe as any of the listed impairments, you will also be considered disabled.

Your condition must be especially severe to qualify under the listing.  Most people do not qualify this way and need to show they cannot do past work or other work.

When Is a Child Considered “Disabled”?

Children must satisfy different criteria to qualify for SSI. Children do not have to prove that they cannot engage in substantial gainful activity. They must only have a severe condition that results in marked and severe functional limitations that is expected to last at least one year or to result in death.

The SSA maintains a separate list of physical and mental impairments that apply to child disability. However, like with adults, if a condition or combination of conditions is not listed but is as severe as the impairments listed, the child may still be disabled.

For Help with Your Disability Claim

To apply for Social Security in Clayton, Georgia, call Adams & Associates Disability Inc. at 1-888-551-1190. We will help you complete the paperwork to make a strong application.  If your claim has already been denied, we will file your appeal and represent you at your hearing.

 

Categorized: Blog Post, Social Security Disability

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Accredited Disability Representative (ADR), recognized by the Social Security Administration as a qualified EDPNA (eligible for direct pay non-attorney) with over 20 years of experience representing disabled individuals in Cumming, Clayton, and other areas of North Georgia.
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    Adams and Associates Disability, Inc.
    © Adams & Associate | 621 Hwy 441 South Suite #3 | Clayton, GA, 30525
    DISCLAIMER: We are not a Law Office, a Social Security Claims attorney office, or a Social Security Disability attorney office. We are Accredited Disability Representatives (ADR) recognized by the Social Security Administration as a qualified EDPNA (eligible for direct pay non-attorney) with over 20 years of experience representing disabled individuals. The information on this website consists of generalized statements believed to be accurate as of the time the web page in question was published. Please do not rely on any advice on this website; rather, use the information to help you formulate questions for a disability representative and then speak to a representative about your particular situation. Adams and Associates offers no legal advice. Please also be aware that sending an email does not create a representative-client relationship. Any information you provide through our website should not contain any information that you would otherwise expect to be protected by representative/client privilege.