Jonathan Ginsberg: What are the biggest mistakes you have seen Social Security disability claimants in Texas make over the years?
Stanley Denman: As you know, no one plans to be disabled, and few disability claimants have an experience with the process of applying for and winning social security disability benefits. So it’s not surprising that disability claimants make a lots of mistakes – we all would! In my opinion, these are the biggest ones:
“Any lawyer will do.” Texas disability claimants often hear that “you have to get a lawyer” to win disability benefits. They wrongfully assume that the “J.D.” after the lawyer’s name is all that matters. Social security does not grant disability claims just because a lawyer is involved. In fact, an inexperienced and inattentive lawyer can hurt more than help in winning a case.
If you have made the difficult decision to file for disability because you no longer have the capacity to work even a simple, entry-level job, you need to start the process by filing a disability application with Social Security.
When you call the toll free number or apply online, SSA will ask you if you want to file for Title II disability (SSDI), Title XVI Supplemental Security Income, or both.
I generally advise my clients to file for both. If it turns out that you own assets, or have household income over the SSI limits, Social Security will determine that you are not eligible for SSI and you can proceed with your SSDI case.
Generally speaking, SSDI is a more robust program in that your monthly benefit will likely be higher, you won’t have to worry about assets you own or household income disqualifying you and you will eventually be eligible for Medicare (as opposed to Medicaid, which is associated with SSI).
In order to qualify for SSDI, however, you have to be insured for these benefits. SSDI is, in fact, an insurance program – the premiums you pay arise from the payroll taxes you have contributed over the years. Continue reading →
Most people applying for Social Security disability have some sort of firm diagnosis. For example, if you have back problems, your doctor may have shown you an MRI report documenting a herniated or bulging disc. If you have heart issues you may have been diagnosed with congestive heart failure or coronary artery disease. And if you struggle with mental health problems, you may have been diagnosed as being bi-polar, or having PTSD, or anxiety disorder.
When you get to your hearing, however, you should not rely on these labels as you explain to the judge why you contend that you no longer have the capacity for “substantial gainful activity” (i.e., work).
First, understand that many times the label used by one doctor might be different than that used by another. In my practice, for example, I frequently represent clients with mental health issues who have been diagnosed with depression, anxiety, PTSD, and/or bi-polar disorder – all by different physicians or psychologists. One medical provider may choose the label “depression” while a second doctor may choose the label “bi-polar.”
Similarly, I have seen multiple doctors read the same MRI report and come to different conclusions. One doctor may see a herniation, while another may see a bulge or an extrusion. Continue reading →
Because Social Security is so backlogged with its disability claim evaluation process, many truly disabled claimants try to return to work even for a short period of time because they need to survive.
In some cases, returning to work can damage your case because a Social Security judge may conclude that you really do have the capacity to perform competitive work. However, in other situations, your unsuccessful attempts to work can help your case by demonstrating that you truly want to work but you just cannot do so.
In this blog post, I want to break down how SSA looks at part time work, unsuccessful work attempts and successful work efforts.
First, you need to understand the term “substantial gainful activity” or SGA. Social Security uses this term a good bit and you need to understand what it means. Continue reading →
Recently a young man wrote me to ask my opinion about whether he qualifies for some form of Social Security disability. In his very thoughtful email he asks a number of questions that I suspect a lot of folks are wondering about.
After practicing in this area of law for 20+ years I can generally sense fairly quickly whether someone has a viable case. In my last blog post I discussed what I look for generally in a mental health disability claim. So now I thought I would explain – step by step – how I analyze potential client inquiries using this case as an example.
Obviously I will not use this gentleman’s real name and I will change the facts a little to preserve his anonymity. Continue reading →
Are you pursuing Social Security disability benefits based on a mental health condition such as:
A significant number of disability applicants list mental health problems as either a primary or secondary impairment that prevents that applicant from working. From my perspective as a disability attorney who speaks with hundreds of honest, sincere claimants every year, I think that mental health disorders are both extremely common and widely untreated in the general population. In short, there are a lot of folks out there who are really suffering and far too few get treatment that could really improve their lives. Perhaps you fall into this situation. Continue reading →
When you pursue disability benefits, you will be asked to fill out numerous forms by Social Security. You will find that many of these forms are repetitive – they seem to ask for the same information over and over.
Having spent a good deal of time with SSA’s forms (I wrote a book about how to fill them out properly), my guess is that this redundancy arises from the overall dysfunction at the Social Security Administration. Someone, in some far away office somewhere in the country, was given the assignment of heading up a team to update SSA’s disability forms. Government agencies rarely simplify anything so this nameless bureaucrat and his/her comrades no doubt spent months changing the format and the fonts, and adding questions to the forms.
Since there are only so many ways to ask you for an explanation why you believe you are disabled, the new forms ask for the same information 5 or 6 different ways.
With a few exceptions discussed below, I am not convinced that anyone with any decision making power actually reads your responses to these forms but you have to fill them out. Continue reading →
You probably would not be surprised to discover that the most common impairment cited by Social Security disability applicants involves back pain. Because disability adjudicators and judges see so many back pain cases, you cannot simply walk into a disability hearing and testify that your back really hurts and that you cannot lift very much, walk very far, or sit very long, and expect to win.
Instead, Social Security disability judges expect to see evidence in the form of diagnostic test results (such as an MRI or CT scan), treatment notes from one or more physicians – ideally specialists – dating back months or years, evidence that conservative treatment like physical therapy or epidural injections have failed, and evidence that you are either a surgical candidate or that you have been referred for long term pain management.
In addition to evidence related to your back pain, Social Security judges look at evidence about other conditions such as depression, anxiety, diabetes, heart problems, and non-medical factors like your age, education, and work history.
Because so many folks have questions about back pain disability cases, I thought it would be helpful to describe the types of musculoskeletal pain cases that are getting approved at the end of 2017 and into 2018, and which types of cases are not being approved. Continue reading →
In order to win disability benefits from Social Security, you (and your lawyer) have the burden of proving that you meet SSA’s definition of disability – that you are unable to engage in substantial gainful activity because of a medical or mental health condition that has lasted or is expected to last 12 consecutive months or result in death.
There are three (3) ways you can prove that you meet this definition:
meet a Social Security listing
fit within a “grid rule”
prove that your capacity to function at even a simple, entry-level job has been so compromised by your multiple medical issues and/or medication side effects that you would not be a reliable employee
I want to explain why you need an “elevator speech” for your Social Security disability case.
If you are not familiar with the term elevator speech, it comes from the world of job search. Imagine that you are in need of a job and you find yourself in an elevator with the CEO of a company that would be a perfect fit for your skills and education. You have a 45 second elevator ride to introduce yourself to the CEO, tell him (or her) who you are, and how you would be the ideal candidate for a job at his company.
45 seconds is not a lot of time – you need to cut out the fluff and convince this busy CEO why you would be a benefit to his company.
You should use this same approach when you are communicating with Social Security and especially when you are testifying to a judge. They have something you want – the power to award you life changing disability benefits. So it stands to reason that you need to make the claims adjudicator or the judge’s life easy by demonstrating how you fit SSA’s definition of disability.
Focus on Social Security’s Definition of Disability
Fortunately, you don’t have to guess about what they need – Social Security tells us in clear terms that in order to qualify for disability you have to prove that you are unable to reliably perform the duties of even a simple, entry-level job because of a medically determinable condition. You also have to prove that your job limiting condition has lasted or is expected to law at least 12 consecutive months or result in death. Continue reading →