Updates to Provide Your Attorney While a Social Security Disability Claim is Pending

When you have a claim pending for Social Security Disability Benefits/SSI, it is very important that you keep your attorney informed about any relevant changes in your life. Normally the Social Security Administration obtains details about your eligibility and your medical condition when you apply for benefits, but they rarely update the information while the claim is pending.

I ask all of my clients to keep me updated about their condition the entire time that I am representing them. I explain that some changes are so important to their case, that if they fail to provide me with updated information, I may have to terminate my representation. Although some of the items on the list seem obvious, they are included to reinforce their importance.

Items that you should notify your attorney about while a disability claim is pending:

Financial Changes

• You return to work (including under-the-table, part-time employment or full-time employment);
• You begin to receive Unemployment Insurance, Workers’ Compensation (including lump sum payments/settlements), Short Term Disability, Long Term Disability, Retirement Payments, any Social Security Payments, or payments from any other recurring source;
• You are approved for Medicaid, Cash Assistance (Welfare), Food Stamps, or any other Public Assistance Program;
• Your spouse loses his/her job, begins to receive Social Security payments (Disability, SSI, Survivor’s or Retirement), begins Unemployment Insurance, receives any payments from Worker’s Compensation, or is approved for any Public Assistance Program;
• You lose eligibility for benefits that you were previously receiving;
• You file for bankruptcy;
• Your home is foreclosed, or you are being evicted.

Personal Changes

• You get married;
• You get divorced;
• You have a child (or adopt a child);
• You enroll in school or vocational training;
• You are arrested, charged with a crime, or a warrant is issued for your arrest;
• You fail to pay child support;
• You move or change your address;
• You change (or disconnect) your telephone number.

Medical/Treatment Changes

• You begin treatment with any new healthcare providers;
• You are diagnosed with any new medical conditions;
• You are scheduled for surgery;
• You are hospitalized;
• You are involved in an accident, experience a new injury, or aggravate an existing injury;
• You stop pursuing treatment for your condition;
• Your treatment is terminated by any of your doctors for any reason;
• You begin to use illegal drugs or non-prescribed medications (using a friend’s prescription);
• You begin to abuse alcohol (or if you have any psychiatric condition, you use any alcohol);
• Your are noncompliant with your medication or treatment;
• Your doctors release you back to work.

Other Changes

• You receive any correspondence from the Social Security Administration; or
• You obtain another attorney to represent you for any reason.

These items are important because each of them can potentially have a positive or negative impact on your Social Security Disability Claim. Changes in your financial situation may affect your eligibility for Supplemental Security Income and Medicaid. Changes in your treatment may help the Social Security Administration better understand the severity of your condition.

The value that I add, is that I am able to advise you on how any of the changes listed will impact your claim. If you are making choices that harm your claim, I am able to discuss those choices and immediately explain the potential impact of your decisions. If you are involved in any other legal proceeding, I am able to provide you with advice on whether your Social Security claim could be affected by the outcome of the other matter. I believe that it is important for you to understand the disability process and any obstacles that can prevent you from qualifying for disability benefits. By constantly updating your file, I am able to make sure that the Social Security Administration has at least had an opportunity to consider your complete medical profile before a decision is made on your disability.

If you have questions about how any of the changes discussed can impact your Social Security Disability/SSI claim, it is important to consult with an attorney or the Social Security Administration.

This article was written by Steven Butler. Steven is a partner at Linarducci & Butler, PA and his practice is limited to Social Security Disability/SSI claims. Steven offers free initial consultations for Social Security Disability/SSI claims to residents of Delaware, Maryland, New Jersey and Pennsylvania. To schedule a consultation with Steven, please use the Linarducci & Butler Contact Form or call 302-613-0707 to schedule an appointment.

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