Social Security Disability Claims
Examiner
Speaks Plainly
Discover how to get an accurate
Social Security Disability or SSI Claim Decision
in the least amount of
time.
"Claims ESP is
an informative site useful for persons with disabilities
who seek to acquire Social Security Disability
benefits and Supplemental Security
Income benefits in the least amount of time from the
Disability Determination Services unit -- a contractual
division of the Social Security Administration. Get an
insider's view of the process here, and discover how to
increase your odds of winning your disability claim right
now..."
--Lo
Crosby,
Editor and Ex Disability Claims
Examiner
Are you
applying for or assisting a family member, friend or
loved one in applying for Social Security Disability
Insurance (SSDI-Title 2) or Supplemental
Security Income (SSI-Title 16) Benefits
through the Social Security Administration? If
so, then
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You have come to the
right place to discover insider tips
for getting your Social Security
Disability Insurance Benefits and SSI
Disability claims decisions reviewed
by your disability examiner in a
timely and accurate
matter.
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While the
information on this site may not assist you in winning your
Social Security Disability Insurance claim or your SSI
disability benefits claim if you are not otherwise disabled
under the Social Security rules and regulations which
govern who qualifies
for benefits,
Nonetheless...
If you
follow the simple tips and advice posted at this online
Social Security Disability (disabilty, dissability) claims
resource information center, you will be empowered with
ways to assist your claims examiner
with:
Decreasing the "processing time" needed
to reach a decision on your claim and Increasing your
chances of getting the best decision on your
claim.
Dear
Disability Applicant or
Representative:
Let's face it, there
are lots of social security disability attorney and lawyer
websites, and disability advocate sites which promise to
help you win your claim. This is not one of them. Visit
my resource links page if you need an
attorney, lawyer, legal
representative, paralegal or disability
advocate to help you
appeal a negative disability claim
decision.
Instead, the editor of this
site is an ex Social Security Disability / SSI claims
examiner who has handled hundreds of initial adult
claims for the Social Security Administration while working
under one of their Disability Determination Services'
offices (aka Disability Adjudication Services) in
two southeastern states.
Disability claims examiners
do not work directly for the federal Social Security
Administration (SSA), but instead they work for a state
agency that Social Security contracts with to handle the
medical and vocational part of a disability
claim.
The claims examiner,
oftentimes in collaboration with a disability medical
consultant on staff, will decide if you meet the medical
and vocational criteria for disability as set forth in the
rules and regulations established by SSA.
Your initial application for
benefits is generally processed by the Social Security
local office, which determines which programs you might
qualify for and then forwards the accepted applications on
to the state agency charged with determining whether or not
you are medically and vocationally disabled under the
Social Security disability rules. If you are determined to
be disabled, then you will be granted an "allowance" for
benefits. If it is determined that you are not disabled,
then your claim will be "denied" by the DDS
office.
That said, at the disability
determination level of your application, your role in
the process is a relatively simple
one.
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Basically
there are only three to four things
you are able to do that will assist
the disability claims examiner in
reaching a good and timely decision
on your initial claim. They
are:
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- You should complete all claims
forms accurately (whether it be
a
work
history form, the Activity of
Daily Living function report or the various other
questionnaires sent to you for seizures, pain, cardiac
problems or the like). Not providing all the information
you are asked for can hurt your claim. Why? In many
instances, it is as simple as the examiner not having (or
making) the time to give you a follow up call to get the
missing information. This site will pinpoint some of the
crucial questions that you must answer and how to answer
them correctly when completing SSA disability
forms.
- You can offer to assist in
getting critical medical records if the examiner has not
been able to get a response from your doctors or medical
practitioners (your medical records are called
MER--medical evidence of record). How will you know that
the examiner has not been able to get the information? See
#4 below (and my article
entitled
Checking the Status of Your Disability
Claim). If you do
provide medical records when you apply for
disability, I can show you how to keep that act --
which you consider helping -- from working against
your processing time. Because it is the exception
rather than the rule that medical records are
received with a case record by the claims examiner,
many examiners will put those claims aside for a
period of time because it involves a little extra
initial work. I can show you how to keep that from
happening by simply adding one cover sheet listing a
little information regarding the dates of treatment,
etc.
- You should keep any consultative
examination (CE) appointments that you have been
given with a doctor that the examiner asks you to attend, and
be on time. Generally,
if you are asked to attend a CE, it means that the examiner
has not been able to "allow" or issue a favorable decision
on your claim based on the medical information already in
your case record. There are many reasons why failing to
keep a CE appointment frustrates your examiner to no end.
But the number one reason actually has nothing to do with
you or even the reason you say you could not keep the exam.
I will explain why keeping your CE appointment at all costs
is critical to maintaining a positive relationship with
your disability examiner.
- Periodically,
check the status of your disability
claim. You can do this
strategically to ensure a decision at the earliest possible
date. At what point in the determination process should you
make the first call, the second, the
third?
In addition to
providing specific examples of how to complete forms
in a way that provides the most useful information to
your examiner, I will also explain how each of the
forms are used in the
sequential evaluation process. Sample forms
for review will be available.
For example, in completing
the work history form, many claimants do not indicate the
number of hours he/she "stoops" on a job or has to "stand"
or "sit" on a job, or do not indicate the amount of
"reaching" done on a job. Electing not to calculate or
estimate the amount of time you spent doing a specific
activity during your 8-hour workday can actually mean the
difference between an allowance and a denial on your claim,
especially if you fall in the age category of an "older"
individual.
Examiners should call you to
get additional work history that address this information
when you leave it off your work history form. But...you may
never get the call if your examiner is managing a growing
caseload of 150-200 claims. So where does the examiner get
the information from if they don't call you to clarify?
Good question and the answers will be revealed as this site
is developed.
Yes, I'm just beginning
to add articles to this site, but here
is
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What you
can look forward to on this site
in the near
future:
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The Examiner's Role
& Tools Used to Decide Your
Claim
- Medical/Vocational Evidence (How to
make sure your information is
telling.)
- Residual
Functioning Capacity Forms--RFCF--(For Physical
Disabilities)
- Mental
Residual Functioning Capacity Forms--MRFC &
Psychiatric Review Technique Forms--PRTF--(For Mental
Disabilities)
- Range of
Motion Form--ROM--(For Muscular-Skeletal
Impairments)
- Questionnaires
(Cardiac Impairments, Seizures, Asthma, Pain,
etc.)
Activities of Daily
Living / Third Party Functioning Reports (Mental
Allegations or Claimant on drugs normally prescribed for
Mental Impairments), Vocational Analysis and
Sequential Evaluation
The Staff Medical Consultant's (MC)
Role
- Medical Consultants review medical and
psychological summaries written by Disability Examiners and
/ or they may write case summaries in complicated
cases
- Medical
Consultants sign forms / authorize certain Xrays such
as PFTs (Pulmonary Function Tests or lung study
tests) or stress test in cardiac
cases
Medical Consultants (MCs) on staff in the
Disability Determination Services (DDS) office include
doctors specializing in a variety of disciplines, such as
internists, orthopedists, ophthalmologists, rheumatologists
and others. These doctors sign off on a good number of
disability claims in many states. By "sign off" is meant
that once the examiner writes up/completes the RFC form or
the PRTF or the MRFC summary, the doctors must sign the
form to indicate their agreement with the examiner's
assessment. And this is how it should be since examiners
are generally not doctors and mostly are just guessing at
an assessment unless they have many years of experience in
adjudicating claims.
Unless your disability
examiner has been certified and designated as a Single
Decision Maker (SDM), MCs can influence how your case is
summarized. Some MCs are more conservative than others.
Examiners quickly learn what will and will not get pass a
MC review and then start to issue decisions which they know
the MC will sign off on. Though it shouldn't be that way,
that is the way it is. This makes it very important that
your medical records objectively portray a disability so
that even conservative MCs will concur with the examiner's
conclusions.
Quality
Assurance
Role
This department
in the DDS office randomly polices/reviews the work
of staff disability examiners/adjudicators and
Medical Consultants and has the authority to "send
cases back" for further information gathering or
further development if they feel the records are
incomplete or inconclusive.
Of course the problem is that
this department is more likely to review an "allowance"
decision than a "denial" decision. Go figure. And this is
just one of the reasons when a claimant asks an examiner
what the decision on their claim is in the DDS office, the
examiner must say, "we are not allowed to say." Because
even if the examiner has approved the claim (i.e. issued a
favorable decision), that decision might be a denial by the
time it gets out the door and is returned to your local
Social Security office so that it can be mailed to you.
More in this area to come...
What it boils down to is
that the quality of information you provide
or that is collected on you from your
medical doctors can and will influence the
outcome of your claim. You should begin to
focus on communicating what your functional
limitations are ( i.e. what you can and can
not do as a result of your mental or
physical disability.)
For example,
you may be diagnosed "HIV positive";
however, even though this diagnosis can be
potentially disabling in its full blown
stage, it may not yet have begun to affect
your ability to work or function. You may
in fact be without symptoms. Except for
some very specific diagnoses which are
listed in the Social Security "blue book"
listings of impairments, the majority of
conditions are evaluated based on how they
effect your ability to function -- or not
function -- in critical areas which Social
Security deems necessary for work related
activities.
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Some claims examiners do not use all the
tools at their disposal to gather pertinent information on
your claim, either through lack of knowledge or they don't
understand the importance of using the available resources.
With the high turnover rate of examiners, there are many
new examiners who don't have the necessary skills to get an
approval on a "borderline" claim.
The goal of this site is to
help you help your disability (dissability) examiner get
you an accurate decision in the least amount of time,
whether they are experienced or not, and with or without
the use of a social security disability attorney, legal
representative, advocate or
lawyer.
Additionally there
will be ....
A section on things you should
know,
like:
- Providing a list of which medical
conditions qualify you
to get
disability benefits immediately, even if no medical
evidence has been
submitted (these are called "PD" cases
or Presumptive Disability claims) and are only
available for SSI claims which have a greater chance
of being approved
- Providing a list
of conditions
that "won't buy you a cup of
coffee" in
the eyes of Social Security when it comes to
qualifying for disability benefits (i.e. high blood
pressure and diabetes where there is no end organ
damage (EOD)--I'll explain what EOD is
later)
-
Reviewing Common Disease Conditions and impairments with
information on how disability examiners evaluate
them
- Explaining when you don't need an
attorney. Conditions that you can "bank on" and not
have to give an attorney 25% of your back benefits and
how you can list that condition on your initial application
so that the disability examiner doesn't have to wait to see
your records, but may be able to issue a presumptive
disability decision (PD), allowing you to get benefits
immediately if you have an SSI
claim.
- Why you need to know which age category you
fall into. For
instance, A 54.5 year old with the exact same impairments
and vocational history as a 55 year old might be denied
benefits while the 55 year old with identical maladies will
be allowed benefits. More on this area in the vocational
analysis and GRID rules
section...
My extensive
disability resource
section, now under
development, will also
be useful to you in finding what you need online to
meet your Social Security Disability goals and to get
your questions answered by people in the field. Our
disability
FAQ section is a good starting place for this.
There is also a recommended
reading section which includes the best books
I've found to help you get started in understanding
the claims process.
While this site will not
attempt to give you definitions of the difference between
T2 (title 2) and T16 (title 16) Social
Security disability and SSI disability programs,
it will direct you to online resources that have already
provided such answers. But, basically, title 2 is an
insurance entitlement program based on premiums you
have paid into the system, while title 16 disability
benefit eligibility is based on economic need.
The scope of this site is
necessarily narrow since it is a free resource and tools
put together voluntarily by an ex claims examiner. But,
nonetheless, I intend to make it a comprehensive and as
complete as possible, over
time.
As an old
psychology professor of mine used to
say: "The
mark of an educated man is not that he knows everything,
but that he knows where to find
answers." I
can only promise to help you find answers to your questions
as they relate to your role and the role of your disability
examiner and the Disability Determination Services office
in the processing of your initial adult social security
disability claim.
Information on finding
competent lawyers, attorneys,
advocates and more will be
posted as it becomes available. I will also share with you
online resources, including
governmental, non-profit and
private, as well as book reviews from time to
time which may prove useful to you as you proactively
assist in the preparation of your claim.
Please sign up for the
free Claims ESP
newsletter if you would
like to receive updates on when new articles
are added to this site.
Here's to your health and to
the health of your social security disability
claim.
Sincerely,
Your
Editor,
Lo
Crosby
Welcome to
Social
Security Disability Claims
ESP
"Where you get
the tools you need to help your disability claims
examiner give you an accurate decision in the
least amount of time -- with or without the use
of an advocate, attorney, lawyer or legal
representative."
Site Disclaimer: This site is
not a part of the Federal Social
Security's government site, or affiliated with the
official site in any
way.
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