Will your doctor be determining your Social Security status?

In the Social Security Administration's (SSA) process of determining disability, certain factors are weighed in the decision. One of the biggest factors is medical records and information about the claimant given to SSA from the claimant's own treating physician. If your doctor is supportive of your case for disability, it can certainly improve the chances of a favorable outcome in your bid for Social Security disability (SSD) or SSI disability benefits. However, contrary to certain misperceptions, your personal physician does not ultimately decide if you get disability benefits. And even if he or she encourages you to file a claim with social security, you should not assume that you will be approved based simply on this.

After a claimant has been denied in the initial application (at the appeals level), disability judges tend to pay considerably more attention to a treating physician’s opinions regarding your impairment and how it affects your ability to function. This is provided only if this opinion is not out-of-line with the information contained in the physician's treatment notes. Disability examiners, on the other hand, often do not place significant value on the opinions provided by your physician, and so even a strongly supportive statement from your doctor (that is detailed with regard to remaining functionality) may not have much influence on a decision from DDS regarding your claim.

Can workers' comp and disability payments lower Social Security benefits?

A disability payment from workers’ compensation and/or another public disability payment could reduce your and your family’s Social Security benefits. A workers’ compensation payment is one that is made to a worker because of a job-related injury or illness. It may be paid by federal or state workers’ compensation agencies, employers, or insurance companies on behalf of employers.

Public disability payments could also affect your Social Security benefit. Those are paid under a federal, state or local government law or plan. Those payments are usually not based on a work-related disability. They differ from workers’ compensation because the disability that the worker has might not be job-related. Examples are: civil service disability benefits, military disability benefits, state temporary disability benefits, and state or local government retirement benefits based on disability.

You decide when Social Security retirement benefits start

Some may still not understand that you can get a reduced benefit as early as age 62. The 1983 Social Security Amendments raised the full retirement age beginning with people born in 1938 or later from 65 to 67. But it did not change the minimum age for retirement.

One man recently had his leg amputated as a result of his diabetes. He applied for disability benefits based on his diabetes a few years ago and was denied because he could still work. Now that his condition has worsened, can he get disability benefits?

The answer is he should certainly apply for Social Security disability benefits if his condition prevents him from working. A new disability determination will need to be made.

Under Social Security law, a person is eligible for disability benefits if he has a severe medical condition that is expected to prevent him from working for at least 12 months, or will end in death.

On The Continuing Looting of Social Security

The governing elites at work in Washington and on Wall Street have manufactured a fiendishly clever "grand bargain" they want President Obama to embrace in the name of "fiscal responsibility." The government, they argue, having spent billions on bailing out the banks, can recover its costs by looting the Social Security system. They are also targeting Medicare and Medicaid. The pitch sounds preposterous to millions of ordinary working people anxious about their economic security and worried about their retirement years. But an impressive armada is lined up to push the idea -- Washington's leading think tanks, the prestige media, tax-exempt foundations, skillful propagandists posing as economic experts and a self-righteous billionaire spending his fortune to save the nation from the elderly.

These bureaucrats have devised a tricky way to quash Social Security benefits, but do it in a rather cowardly way, behind closed doors so the public cannot see what's happening or figure out which politicians to blame. The essential transaction would amount to misappropriating the trillions in Social Security taxes that workers have paid to finance their retirement benefits. This swindle is portrayed as "fiscal reform." In fact, it's the political equivalent of bait-and-switch fraud.

Defending Social Security sounds like yesterday's news -- the fight people won when they defeated George W. Bush's attempt to privatize the system in 2005. But the financial establishment has pushed it back on the table, claiming that the current crisis requires "responsible" leaders to take action. Will Obama take the bait? Surely not. The new president has been clear and consistent about Social Security, as a candidate and since his election. The program's financing is basically sound, he has explained, and can be assured far into the future by making only modest adjustments.

Will this claim stand up to scrutiny, even as the framework and funding of Social Security unravels as you read this? We will see what kind of "change" we were sold, and quite soon, it seems.

Saving Medicare, long term disability health care an uphill battle

It's a worsening situation. Saving Medicare and long term health care benefits with a disappearing Social Security safety net and millions of sick and aging adults. Besides covering 38 million Americans 65 and older, Medicare helps pay for the health care of more than 7 million younger Americans who suffer from significant disabilities.

Paul Gornstein, a 57-year-old Frisco, Texas man with Alzheimer's disease, and his wife, Karen, predict their out-of-pocket health care expenses this year will approach $15,000. High monthly premiums under COBRA also strain finances.

Under current law, however, those with disabilities aren't eligible for Medicare until two years after they begin receiving Social Security disability insurance checks. 61-year-old Metta Johnson is one of 1.8 million disabled Americans languishing in that two-year waiting period.

No longer able to work, she became eligible for Social Security disability benefits in February 2008, which means she has seven months left until she goes on Medicare.

Because she can't afford private insurance, she prays that her condition doesn't worsen before then.

"It's not my fault that I'm disabled," Johnson said. "I paid my Social Security and Medicare taxes during my entire working life. Why now, when I most need the care, must I wait so long? It doesn't seem fair."

Advocates from 120 consumer groups are asking the same question of Congress as the lawmakers work on health care reform legislation. The coalition – which includes the Alzheimer's Association, American Cancer Society Cancer Action Network and National Multiple Sclerosis Society – has called for an end to the Medicare waiting period for people with disabilities.

When Congress extended Medicare coverage to people with permanent disabilities in 1972, it also established the waiting period. Lawmakers added the wait to hold down the cost of the new government benefit, avoid overlapping with private insurance and make sure Medicare would be available only to people whose disabilities were long-lasting.

Despite what seemed like sound reasons for its enactment at the time, the 24-month waiting period has left millions of Americans vulnerable at the worst time of their lives, draining their finances and jeopardizing their health, said Stuart Guterman, a policy analyst at the Commonwealth Fund, a private foundation that researches health care issues.

Wait for Social Security Disability Benefit Claim Hearings Excruciatingly Long

Katie Couric's CBS News special report on Social Security Disability claims hearings taking forever pointed out the problem in 2008, but the problem remains. Many, if not most Americans are stuck on waiting lists to see claims representatives, with wait times for hearings in some states exceeding 2 years. 2 1/2 years in Georgia. 18 months in the New York metro area. There are 1.4 million pending cases (as of last year), with 154,841 of those being veterans who need serious and regular care.

While Katie's story has died down, more Americans than ever need Social Security disability benefits, and are getting the old, cold shoulder of bureaucracy, and a system which seems to be grinding to a halt amidst scandal and political indecision. The wait for just a mere hearing is far too, unacceptably long, and Americans should be making noise that they deserve the care they were promised, and should have, when times get tough.

Beware Insurance Policies that Promise Guaranteed Long Term Disability Care

With the AIG Insurance and financial markets debacle, and the Social Security Administration imploding, many Americans are learning the hard way that the promises of yesterday by corporate insurance companies claiming to be able to offer clients long term health care policies which include disability benefits are virtually worthless. Story after story, and case after case illustrate the magnitude of the health care disaster happening in America right now. Social Security disability benefit claim hearings alone are literally taking years to materialize for folks who've paid into the system for years and even decades, only to get the corporate runaround when their time came due to get their comeuppance.

So, what's the best answer to this crisis? Keep holding congress's feet to the fire over health care and Social Security reform. Don't heavily rely on "the system" to take care of you; i.e. take preventive health care precautions. Exercise your rights as a human being to good health care, and to have your say in a system being turned on its ear by corruption and greed.

Social Security Disability Criteria: Medical Vocational Allowances

Once a Social Security disability claim has been taken at a social security office by a CR, (or claims representative), it is then forwarded to a state disability processing agency. This agency goes by different names in different states, but in most states the agency is designated as DDS, or Disability Determination Services.

In some cases, a Social Security disability claimant will have a condition that's listed in the blue book (the impairment listing manual, titled "Disability Evaluation Under Social Security"). And if they meet or equal the approval criteria for that condition, they may possibly be approved for benefits.

Not every condition is listed in the book, however, and often the criteria is difficult to satisfy. For the majority of individuals who apply for disability, getting approved for benefits will mean receiving what is known as a medical vocational allowance.

A medical vocational allowance is given when the determination has been made that a claimant has functional limitations (physical, mental, or both) that prevent them from engaging in substantial gainful work activity, either at one of their former jobs (known as "past work"), or at some other type of other work for which they might otherwise be expected to transition to based on their age, education, work skills, and current limitations (not surprisingly, known as "other work").

If it is determined that a claimant cannot return to their past work, and cannot perform some type of other work, they will ordinarily be approved for disability. If the determination, however, is made that they can still perform their past work, or if it is determined that they are unable to perform their past work but can still transition to some type of other work, their claim will be denied.

This is essentially how the disability evaluation process works at the initial claim level for social security disability and SSI disability cases.

What happens at a Social Security disability hearing?

Social Security disability hearings typically take place at a hearing office known as the Office of Disability Adjudication and Review or ODAR. The hearings are presided over by a Federal Administrative Law Judge or ALJ. The ALJ is an impartial and independent decision-maker. At the commencement of the hearing, the ALJ will introduce him/herself and explain that the decision made after the hearing will be based on the medical evidence of record, the testimony from the claimant and other witnesses and any arguments made by the claimant’s representative (if the claimant appointed one). The ALJ will explain that the decision is independent and impartial regardless of any prior decisions.

The ALJ will ask those in attendance to enter their appearance into the record. Those in attendance, besides the claimant and representative, are usually a vocational expert (V.E.) and a medical adviser (M.A.) The ALJ is responsible for scheduling the appearance of a V.E. to help answer issues concerning the skills and exertion required to perform past relevant work. (see article The Social Security Disability hearing and Expert Witnesses - Vocational Experts The ALJ schedules M.A. testimony less often in order to address questions concerning the medical records. These experts are required by law to provide unbiased testimony.

More Than 50 Million Americans Have Disabilities, Require Aid

About 50 million Americans have disabilities of some degree or another, and require some form of assistance. That number will only increase, as the available funds within social safety nets designed to care for these people declines, and large swaths of the populations either retire or claim one of the many increasing disorders or disabilities plaguing our nation.

The United States Census Bureau reported on August 6, 2007 that during the year 2002, around 18 percent of the American people claim of having a disability. On the other hand, about 12 percent have severe or serious disability.

Something must be done about this pernicious dilemma, and soon, if we are to retain any semblance of being a nation with any kind of respectable standard of living or quality of life.

Social Security Disability Application Process Faster Due to Internet

Although the advent of the internet has allowed for faster social security disability application processing, individuals will still have to meet a case worker in person, just like it's always been done. In many, if not most social security offices, all internet-filed social security disability applications "go through the calendar" for a variety of reasons. In other words, the applicant still has to be called in to a social security office for a face-to-face interview or phone interview.

In many cases, claimants who apply for social security disability online will submit the application for disability (form SSA-16), but will neglect to complete the disability report (form SSA-3368). Additionally, many claimants will neglect to print out, sign, and return the medical release forms used by the Social Security Administration (form SSA-827) without which a claimant's medical records cannot be gathered and their claim for disability cannot be evaluated.

Of course, claimants who fail to submit medical release forms will have these forms sent to them by their local social security office. However, doing so consumes time and this illustrates again that the filing of a social security disability application online does not necessarily mean that the claim will move faster in the system. This applies to the individual who is pursuing disability benefits and the social security field office claims rep who must do the intake on the claim and prepare it to be sent to a state disability agency--usually referred to as DDS, or disability determination services--where it will be assigned to a disability claims examiner for a medical evaluation.

Social Security Death Benefit Defined

After death occurs, it is imperative that the survivors of a deceased Social Security member take all the necessary steps in determining the availability of Social Security Death Benefit to them. The Social Security Death Benefit provides assistance to eligible survivors of a beneficiary by way of a “lump sum Social Security Death Benefit.”

A one-time payment of two hundred fifty five dollars ($255) is payable to the surviving spouse if he or she was living with the beneficiary at the time the death occurred. In the absence of a surviving spouse, the minor children can also be entitled to monthly Social Security Death Benefit checks.

Usually if death results from a motor vehicle accident, benefits are provided under no-fault insurance provisions. This describes what Life or Casualty insurance is which is one type of Social Security Death Benefit.

Employer’s payments cover severance pay as well as /or vacation time (paid leave). There are some states which provide benefits to survivors of a crime victim. Where an individual case fits in the process can be determined by an experienced Social Security attorney. He or she can evaluate the case and advise whether it is worth going forward or not.

Delaying Collecting Social Security Benefits Pays

The evidence is in, and the experts are weighing in on Social Security and using discretion when choosing what time in your life to retire and claim benefits.

Your Social Security benefit increases by approximately 7 percent each year you delay taking it from age 62 to 66 and by 8 percent a year until age 70, Laurence Kotlikoff, an economics professor at Boston University, found. That could be a better return than retirees are getting on their investments.

"You have to compare that with what your pension is giving you," says Hugo Benitez-Silva, an associate professor of economics at SUNY-Stony Brook. So, if your 401(k) or IRA is not giving you a higher return than that, you might want to start delaying Social Security and drawing down your other assets first, Benitez-Silva says.

Olivia Mitchell, a professor of insurance and risk management at the University of Pennsylvania's Wharton School, agrees. "Delaying is better if you can afford to wait," she says. "What you should do is save more of your money upfront and use that savings to finance your early retirement and then use the [Social Security] benefit later."

So, for example, a boomer with a final salary of $75,000 might receive a $1,320 monthly Social Security check if he collects at age 62, according to a University of Pennsylvania Pension Research Council Working Paper by James Mahaney and Peter Carlson. If the same boomer were to delay until age 70, he would get $2,884 monthly, more than twice as much. Even after counting cost-of-living increases, the boomer who began to collect at age 62 would by age 70 probably receive only $1,637 a month.

Source: US News and World Report

When Does Social Security Schedule a Psychiatric Exam?

If you're in search of answers involving Social Security benefits and scheduling psychiatric examinations, then the following contains some crucial information for you:

Once a Social Security disability claim has been received, it is forwarded to a state disability agency for processing. Your disability claim is assigned to a special disability examiner who has the responsibility of making a medical disability determination. Disability examiners then gather the medical evidence for the treatment sources that you provided at your initial disability application interview.

If the disability examiner who receives your medical treatment information finds that your treatment notes are not current (within the past three months), or there is no treatment for your alleged psychiatric condition, or the treatment information contained in file is insufficient for a medical decision, they may consider a consultative psychiatric exam to see if you have a medically determinable psychiatric impairment.

Generally, Social Security will not unnecessarily schedule consultative examinations unless they feel they need more information for a medical decision.

American Poor Failed By Social Security Safety Net Programs

Government safety net programs such as Social Security and food stamps have pulled growing numbers of Americans out of poverty since the mid-1990s. But even before the current recession, these programs were providing less help to the most desperately poor, mainly non-working families with children, according to a new study by the Center on Budget and Policy Priorities, a private group in Washington.

The recession is expected to raise poverty rates, economists agree, although the impact is being softened by the federal stimulus package adopted this year, which temporarily expanded measures like food stamps, child tax credits, unemployment benefits and housing and tuition aid.

However, in view of the gloomy employment report last week, economists are debating whether to increase stimulus funds overall. But in a side argument, poverty experts are also asking whether elements of the package aimed at the most vulnerable Americans should be extended beyond their scheduled expiration in two years or even made permanent.

Source: Erik Eckholm, New York Times

Social Security Administration Working to Reduce Backlog of Disability Cases

During a speech to the National Organization of Social Security Claimants’ Representatives last year, Michael J. Astrue, Commissioner of Social Security, reported on the progress made in fiscal year 2008 in the agency’s efforts to expedite backlogged disability cases.

“The plan we presented to Congress in May 2007 is working,” Commissioner Astrue said. “We have moved quickly to utilize new technologies, improve our business processes and add new staff. Combined with the hard work of our employees and the support of Congress, we are clearly on the right track to providing Americans with disabilities the prompt service they deserve.”

During FY 2008, Social Security hired 190 new Administrative Law Judges (ALJs), opened a National Hearing Center (NHC), eliminated virtually its entire aged case backlog of more than 135,000 cases waiting over 900 days for a hearing decision, and implemented a quick disability determination (QDD) process in all 50 states.

As a result of these and many other activities, the disability backlog at the hearings level, which had been growing at the rate of about 70,000 cases each year for most of this decade, grew by only about 14,000 cases.

Canadian Veterans Return Medals to Protest Government Default on Long Term Disability Benefits

Two veterans, Dennis Manuge of Dartmouth, Nova Scotia, and Robin Brentnall of Gambo, Newfoundland and Labrador, have mailed their service medals to Gov. Gen. Michaelle Jean to protest what they term as a clawback of long-term disability pensions for veterans, in addition to filing a class action lawsuit on behalf of Canadian vets who've seen little financial remuneration for their wartime efforts and subsequent disabilities.

The Class Action was initiated in March of 2007 on behalf Dennis Manuge and all other disabled veterans whose SISIP (Service Income Security Insurance Plan) Long Term Disability Benefits are reduced by the amount of the monthly VAC Disability Pension they receive under the Pension Act.

On May 20, 2008, the Federal Court of Canada certified the claim as a Class Action and defined the Class as follows:

All former members of the Canadian Forces whose long term disability benefits under the SISIP policy number 901102 were reduced by the amount of their VAC disability benefits received pursuant to the Pension Act from April 17, 1985 to date.

The effect of the certification of this claim cannot be understated. Upon certification, the claim changed from one individual pursuing litigation against the Government of Canada alone to in excess of 6500 disabled veterans pursuing the Government of Canada for their collective losses.

How To Secure Social Security Benefits If You're Disabled

If you are disabled and looking to collect benefits, there are some facts you should be aware of. First, workers who contribute a portion of their earnings to Social Security often underestimate what it takes to reap their benefits if they become permanently disabled. The process can be tricky and more time-consuming than people expect, and the sluggish economy appears to be contributing to a surge in applications, experts say.

Also, some workers who've been laid off and who re struggling with multiple debilitating health conditions may find their combined disabilities rise to the level of prohibiting them from working, said Paul Gada, personal financial planning director for Allsup, a Social Security disability claims-services company in Belleville, Ill.

"The realities of the harsh economy have forced them to come to grips with their conditions more," Gada said. "You have to do more introspection."

Applications for Social Security disability benefits rose more than 17% in the first quarter, according to Allsup, which takes a fee only if its clients receive a benefits award. There are 7.4 million people receiving disability benefits that average $1,063 a month, according to the Social Security Administration's most recent data.

The number of U.S. adults reporting a disability increased by 3.4 million between 1999 and 2005, according to a recent report from the Centers for Disease Control and Prevention. More than 47 million people, or an estimated one in five adults, report having a disability. The three most common causes are arthritis or rheumatism, back problems, and heart disease.

Collecting Social Security Benefits If You Are a Surviving Divorced Spouse

If your divorced spouse dies, you can receive benefits as a widow/widower if the marriage lasted 10 years or longer and you are age 60 or older (or age 50 if you are disabled.)

Benefits paid to a surviving divorced spouse who is 60 or older (age 50 if disabled) will not affect the benefit rates for other survivors receiving benefits.

Also, you do not have to meet the length-of-marriage rule if you are caring for a child under age 16 or who is disabled, or who is getting benefits on the record of your former spouse. (The child must be your former spouse's natural or legally adopted child.) However, if you qualify because you have the worker's child in your care, your benefit will affect the benefit amounts of others on the worker's record.

Something to keep in mind when applying for Social Security disability benefits as the survivor of a divorced spouse.