Tuesday, August 9, 2022

What To Say To Get Disability

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Has Your Medical Condition Changed Or Improved

What Not to Say at Your Disability Hearing

If your condition has improved, be honest about that fact. Explain what has improved and what hasnt. Improved is a real open ended term. Changed is the same. Changed could mean that your condition has declined. Again, be honest.  Dont be afraid to explain what its like suffering from your medical condition.  Nobody likes to be called a complainer, but this is one time to not down-play your pain, your fatigue or other symptoms that makes working difficult or impossible.

How Far Back Will My Benefits Go

Your benefits should begin with the month of the date of entitlement in your case. Many people ask why benefits dont begin on the date they were found disabled. Social Security disability benefits never begin on the date one is found disabled because of the waiting period of five full calendar months. Another rule limits payment of back benefits to 12 months before the date of the application. Therefore, your benefits begin either 12 months before the date of application or five full months after the date you were found to be disabled, whichever is later.

Tips To Get A Higher Va Disability Rating In 2021

Okay, lets explore in detail, the Top 5 Ways to Increase Your Service-Connected VA Disability Rating in 2021, regardless of your current VA disability rating or how many times youve been denied VA benefits in the past.

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Avoid Euphemisms And Made

Differently abled, people of all abilities, disAbility, diffAbled, special needs and the like, are all euphemistic and can be considered patronising. While the intention is usually good, these phrases tend to fall into the trap of making people with disability out to be special or inspirational, just for living with disability .

Why Would There Be A Problem If I Were Overpaid

You Get Nervous

If you are paid too much, the Social Security Administration almost always figures it out eventually. Then, after you have already spent all of the money, it will send you a letter demanding that you repay the overpayment. If you do not have the money to repay the full amount of the overpayment, the Social Security Administration may threaten to cut off your checks until the overpayment is recouped. Usually it will accept a more reasonable reduction of your monthly checks, but this is still a hassle and you may have trouble making ends meet during the time that your check is reduced. Under some circumstances it may be possible to get repayment of all or part of the overpayment waived; but this is not something to count on.

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Understand Your Doctor’s Perspective

First, understand that doctors have mountains of paperwork to complete, such as patients’ charts, insurance forms, invoices, and forms from the SSA . If you’ve already applied for disability benefits, the SSA’s request for paperwork is probably buried somewhere in that pile, along with a request for information from your lawyer, if you have one.

It is likely your doctor has had many patients who have applied for disability with the SSA. Doctors form habits about how to deal with such claims, and some doctors have attitudes toward the Social Security disability system that can range from friendly to hostile. But you can still take charge and have some control over making sure your doctor addresses your medical concerns regarding your disability.

What Information Do I Need To Get From My Doctor

The exact information you need to get from your doctor depends on the basis of your claim. Here are some examples.

Back pain. A claimant who files for disability based on lumbar and thoracic spinal stenosis and who has received treatment from an orthopedic doctor, a neurosurgeon, a physical therapist, and a pain management doctor needs the following types of information:

  • copies of CT scans, x-rays, and MRIs that show the extent of the spinal stenosis
  • radiologists’ reports that describe the findings from imaging studies
  • records from any surgical attempts to relieve the symptoms
  • detailed records of pain management visits, including medication list, dosages, reported side effects, and results from random urinalysis demonstrating compliance with prescribed medication
  • detailed physical therapy plan and the applicant’s response to treatment
  • statements from doctor about applicant’s ability to work , and
  • physical residual functional capacity assessments .

Mental illness. A claimant who files for disability based on bi-polar disorder and generalized anxiety disorder and who has attended an in-treatment program at a local psychiatric facility on weekends needs the following type of information:

Combination of impairments. A claimant who files for disability based on type 2 diabetes, chronic obstructive pulmonary disease , and depression needs to provide the following types of information in support of her claim:

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Providing Your Residual Functional Capacity

An RFC is a detailed assessment of your ability to perform certain work-related activities in light of your symptoms. Your RFC is the most you can do on a regular and sustained basis and is created using the objective medical evidence in your file. RFCs can be either physical or mental assessments. If your condition doesn’t meet a listing, then RFCs are one of the most important things that your doctors can provide for you.

Remember, though, that RFCs must be supported by objective medical evidence for the SSA to give them consideration; otherwise the SSA can disregard them.

Part 2 Of 3: Requesting Support From Your Doctor

Stupid things People ACTUALLY Say about my DISABILITY!ð | THINGS NOT TO SAY TO SOMEONE IN â¿ï¸?
  • 1Bring the proper forms with you. In some cases, the doctor may be asked to write a letter that answers certain questions about your disability. In other cases, the doctor might have to fill out a form. In both situations, you should bring the document with the questions or requirements when you go to the appointment.XResearch source
  • If you are filing for disability benefits with the Social Security Administration , bring a residual functional capacity form. There are separate forms for physical and mental conditions. You can find these online or at a Social Security Center.
  • If you are filing for disability benefits from a state, contact either your states Department of Health or Department of Labor for more information.
  • If you are asking for disability for extra assistance or an excused leave in school or university, ask the administration for the proper forms.
  • If you need the disability forms for work, human resources should be able to help you. If you work for a small business, ask your boss.
  • 2Explain why you want to go on disability. State how your condition prevents you from working and how your disability claim could help. Use specific examples from your life to help illustrate the struggles.XResearch source
  • Describe in detail how the condition affects your life. You might say, “Because of my medications, I can no longer drive. Unless I can get a ride, I am stuck in my house.”
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    Things Not To Say To Someone With A Disability

    As general rule, talk to someone with a disability the same as you would anyone else. As for what NOT to say? Heres a cheat sheet with a few tips.

    When it comes to chatting with someone with a disability, there are a few rookie errors that people sometimes make.

    As a general rule of thumb, talk to someone with a disability just like youd want to be treated yourself be polite, respectful, and interested. As for what NOT to say? Heres a cheat sheet with a few tips.

    This Is Where Your List Of Limitations Comes In

    Don’t tell your doctor verbally about all your limitations and try to get your doctor to write them all down during an appointment. If you do, you will be disappointed. There will not be enough time, you may not remember everything, and the doctor will likely take skimpy or even no notes. Even when doctors listen well, they will not write down the detail you want. Instead, say you have made a list of the problems you have with doing certain things and hand it to the doctor. Ask your doctor to give that information it to Social Security when the agency request information about you. Some doctors may glance at it and try to hand it back. In that case say, “No, Doctor, I made that copy for you.”

    After the doctor looks your limitations over, ask the doctor to discuss any limitations he or she disagrees with. Most doctors won’t contradict you, but if you exaggerate your limitations so much that they are out of line with what most doctors see in other patients with the same problems, you will get resistance from the doctor. You know the truth about your limitations, with some exceptions. Stick to that and you are most likely to get the help you need.

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    Get A Professional To Fill In Question 25

    Its a good idea to get a specialist or professional who knows your child to fill in question 25.

    They should be someone who knows about your childs condition. For example, if your child has a physical condition or has difficulty walking you should ask a doctor, nurse or care worker. If your childs condition is more related to learning difficulties or behavioural problems, you should ask someone like their teacher or specialist support worker. A Special Educational Statement’ could also be included as evidence – talk to your school to get one.

    Before they answer the question, talk to them about how you care for your child and how much time you spend caring for them. Tell them that the DWP wants to know how your child needs more care than a child of the same age without any disabilities or health conditions.

    If you get someone from school to fill in question 25 for you, its important that they have actual knowledge of your childs needs during a typical school day. A member of school staff might want to talk about the positive aspects of your childs progress – but it will be more helpful if they talk about the additional help your child needs. It might be worth leaving the statement out if you dont think theyve made a strong enough case for you to get DLA.

    The box for question 25 is quite small – if the person filling in the form runs out of space you can get them to continue on a separate sheet of paper. 

    Our Disability Attorney In Nj Describe Judges At Your Social Security Disability Hearing

    Respectfully Connected

    If youre working with a disability attorney in NJ, your application for Social Security disability will be reviewed by an administrative law judge who represents the Social Security Administration . The ALJ works as a neutral researcher whose job is to inquire about your disability and grant benefits if youre disabled according to the Social Security Act.

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    What Is A Continuing Disability Review

    The Social Security Administration is required periodically to review the cases of all people who are receiving disability benefits. Usually cases are reviewed every three years; but some cases are reviewed more often. Sometimes the decision will direct the Social Security Administration to conduct a review at a certain time. Often the Notice of Award will tell you when to expect a review.

    Consult With A Social Security Lawyer Nj Residents Trust

    Going to a disability hearing at the SSA can be intimidating for someone who has never gone through the process before. Having a skilled professional help you to prepare can often strengthen your disability case. When seeking Social Security disability tips, you will want to be sure to get them from an experienced Social Security lawyer NJ residents trust. Call Hermann Law Group, PLLC at 286-3030 today for assistance with your disability case. Hermann Law Group, PLLC knows the experienced and dedicated attorneys you can trust to help give you the Social Security disability tips to strengthen your case. Call today for your consultation!

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    Report The Death Of A Social Security Or Medicare Beneficiary

    You must report the death of a family member receiving Social Security or Medicare benefits. The Social Security Administration processes death reports for both. Find out how you can report a death and how to cancel benefit payments. In addition to canceling SSA and Medicare benefits, find out what other benefits and accounts you should cancel

    Learn The Proper Way To Draft An Effective Disability Appeal Letter

    Expect to Get Asked These Questions at Your Social Security Disability Hearing

    By Bethany K. Laurence, Attorney

    If the Social Security Administration decides that you are not eligible for disability benefits, or decides that the amount of your disability benefits needs to change, the agency will send you a notice outlining its decision. You have the right to appeal this decision, and if you disagree with the result of the appeal, you can appeal further to an administrative law judge . If you disagree with the ALJ’s decision, you can appeal to the Appeals Council, and finally, if you disagree with the Appeals Council decision, you can appeal to a federal court.

    Although the SSA requires you to fill out certain specific forms when you appeal a decision, those forms include a space for you to explain why you think the decision was wrong. The forms only give you a few lines to write your explanation, but you should feel free to write the phrase “see attached page” on the form and submit a letter along with the form that carefully outlines the problems you see with the determination. You must appeal in writing within 60 days of the date you receive the notice.

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    Tips For Winning Your Disability Case

    Knowing how the Social Security disability system works is key in getting disability benefits, as is knowing how to grease the wheels. Here are a few tips on keeping your claim moving properly through the system and making sure the right people at Social Security have the information they need to make a disability decision.

    Focus On The Person Not The Impairment

    In Australia, best-practice language is to use person with disability or people with disability.

    Person-first language is the most widely accepted terminology in Australia. Examples of person-first language include: person who is deaf, or people who have low vision. Put the person first, and the impairment second . Other phrases that are growing in popularity and acceptance are: person living with disability, and person with lived experience of disability. These are inclusive of people who may have experienced disability in the past, but dont any longer, and also people who are carers.

    We also prefer to say person without disability, and do not recommend the terms non-disabled or able-bodied.

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    Giving The Judge Vague Answers

    At the hearing, the ALJ is likely to inquire as to the frequency, intensity, and duration of your symptoms. Vague answers to these questions are a pet peeve of many ALJs. If, for example, you suffer from migraine headaches, don’t say, “I get a lot of migraines, and they hurt really badly.” Instead, try to quantify your symptoms to the extent possible: “I get a migraine headache about four to five days a week, and they usually last from four to as much as twelve hours.” Try to describe your pain in detail with descriptive words like “burning,” “shooting,” “aching,” or “throbbing,” rather than simply stating that something hurts.

    Also, be sure to use examples from your daily life that illustrate your functional limitations. Think back to specific instances where your medical issues have caused you problems. Did you miss the most recent Thanksgiving with your family because of depression or anxiety? Have you dropped dishes and broken them due to arthritis in your hands? Are you unable to pick up your young child because of back pain? The ALJ is much more likely to be persuaded with specific answers and concrete examples than vague assertions.

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    There are far-reaching benefits of building disability awareness and confidence in your workplace. Our range of face-to-face and eLearning courses are designed to break down unintended barriers and equip your staff with the knowledge and understanding they need to contribute to a welcoming and inclusive culture. 

    Find out more about our learning solutions for workplaces

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    How To Receive Federal Benefits

    To begin receiving your federal benefits, like Social Security or veterans benefits, you must sign up for electronic payments with direct deposit.

    If You Have a Bank or Credit Union Account: 

    • Call the Go Direct Helpline at .

    If You Don’t have a Bank or Credit Union Account: 

    Make Changes to an Existing Direct Deposit Account:

    Learn how to make changes to an existing direct deposit account. You also may contact the federal agency that pays your benefit for help with your enrollment.

    Whether You Meet A Disability Listing

    The SSA outlines a number of conditions that, if all the criteria are met, are eligible for automatic approval. These conditions are known as “listings.” If your doctor thinks that your condition qualifies for automatic approval under a listing, the doctor should complete a listing form that explains his or her opinion and provide the appropriate medical documentation. Here is an example.

    The claimant was diagnosed with skin cancer, specifically sarcoma. Sarcoma of the skin is eligible for automatic approval for benefits under the disability listing for cancers if the cancer has spread to, or beyond, the regional lymph nodes. A biopsy revealed that the claimant’s cancer had spread. To prove she met the listing requirements for sarcoma of the skin, the claimant provided the following information from her doctor.

    • The pathology report that initially diagnosed the claimant with sarcoma of the skin.
    • A surgical and pathology report that established that the sarcoma cells had spread to her lymph nodes.

    Visit our section on disability listings for more information.

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    When Will My Regular Monthly Benefits Begin

    Usually regular monthly benefits begin the month after you receive your check for past-due benefits, although occasionally people get a check for regular monthly benefits first. Your check will be sent out to arrive on the second, third or fourth Wednesday of the month, depending on what day of the month you were born. The check will pay benefits for the previous month. Thus, for example, the check for Januarys benefits will come in February.

    What Is A Social Security Card

    What should I not say at my Social Security Disability Hearing?

    Your Social Security card is an important piece of identification. You’ll need one to get a job, collect Social Security, or receive other government benefits.

    When you apply for a Social Security number , the Social Security Administration will assign you a nine-digit number. This is the same number that is printed on the Social Security card that SSA will issue you. If you change your name, you will need to get a corrected card.

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    Tips For How To Win A Social Security Disability Hearing

    If you are facing a disability hearing with the Social Security Administration , then it is best to schedule a consultation with your NJ Social Security lawyer first. An experienced lawyer will be able to assist you with your case and give you Social Security disability hearing tips. The following information will discuss Social Security disability hearing tips and what to expect during a hearing. Going to your disability hearing can be a stressful event. Often times you have had to wait several weeks or months to have your case heard by the Administrative Law Judge . These following Social Security disability hearing tips will help to get you prepared for your hearing and increase the chances of you winning your case. If you find that you have further questions on the Social Security disability hearing tips, contact your disability attorney to schedule a consultation.

    What Evidence To Prove

    If you want to get the disability benefits for your migraine headaches, your task is to complete your claim with the strong evidence. You should have evidence that your headache is because of your military service. You should prove that you have a debilitating migraine. If you have a plan to file a claim, make sure that you complete it with the following proofs:

  • The specific event or incident happened during the military service that caused migraines.
  • The evidence that your migraines started during the period of your military service.
  • You have migraines because of another condition connected to the service.
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    Medical Vocational Allowance For Depression

    The standard of proof for getting disability benefits for depression is high, and some people may not meet the standard but still are unable to work. If that happens you can still be eligible for disability benefits under the Medical Vocational Allowance. To qualify this way you need to download the Residual Functional Capacity evaluation form from the SSA website. Your doctor or psychologist needs to fill out this form and provide detailed information about your illness and the limitations you have as a result of that illness.

    Then, the SSA will look at the RFC evaluation and your work history, the skills you have, and the limitations caused by your illness. They will try to find some type of work that you can do with the skills and limitations that you have. If they cant find any kind of work that you can do then you will be eligible to receive Social Security disability benefits. 

    Making Statements That Can Hurt Your Case

    Things you should never say to a handicapped person(part 2 ...

    If the ALJ asks you a question directly, you absolutely must answer it honestly. But your duty to tell the truth does not require you to bring up information unsolicited that might be harmful to your case. Here are a couple general areas or statements to avoid unless you are specifically questioned about them.

    • You have family members who are receiving disability or unemployment benefits.
    • You have a criminal history.
    • You have problems with drugs or alcohol.
    • You haven’t followed your doctor’s orders or treatment plans.
    • You live in a town where no employers are hiring, and
    • You can’t get to work because you don’t have a car.

    Again, and this cannot be stressed enough, if the ALJ asks whether, for example, your spouse is on disability benefits, you must answer honestly. You just don’t need to offer the information if you’re not asked about it.

    Another instance: if you volunteer that “no one’s hiring where you live,” the judge might think that you believe you could work if only jobs were available. Here are some other points you should avoid bringing up at a disability hearing.

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    Write Down Your Limitations

    When you do get an appointment, you need to be prepared, since doctors are busy and are almost always in a hurry. Before you go in, write down the name of each one of your medical problems on a piece of paper. After each disorder, think about specific ways it limits your ability to function normally, using real-life examples. Be sure to include how you are limited in lifting and carrying and how long you can stand and walk. Include any problems you’ve noticed with environmental factors like dust, heat and cold that limit your abilities. If you have a mental disorder, document how well you get along with others, remember things to do, and follow instructions. Note any limiting effects of medications, such as lethargy, sleepiness, or headaches.

    Don’t assume your doctor will know all the limitations you have and report them to Social Security. Doctors often know less about their patient limitations than the patients themselves. Even small limitations can be important in Social Security’s decision on whether you can do certain jobs. For example, suppose you have work experience doing an activity that requires you to flex your thumb repeatedly, but you can’t do it any more. That limitation might keep Social Security from saying you can do your prior work. But if your doctor hasn’t included the limitation in his or her report, Social Security won’t consider it.

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