Social Security Disability Law Weekly, Episode 5, includes discussion of use of technology in disability claims; alcohol abuse and mental health claims; importance of trying work before applying for disability; problem of being disabled and uninsured; how to qualify for Social Security based on mental illness/bipolar disorder; improve your Social Security Reconsideration appeal; and, more reasons to file an appeal of your disability denial. Download Episode 5 or press play below to listen in your browser.

Show Notes: Social Security Disability Law Weekly Podcast Episode 5

• Subscribe in iTunes (subscribe in iTunes)

This Week’s Topics:

• Why Technology is Important to Social Security Disability Law
  • Discussion of my attendance at American Bar Association TechShow in Chicago
  • Discussion of how technology has improved Social Security’s processing of disability claim files
• Question from Last Week’s Podcast
  • Does Alcohol Dependence in Mental Health/Depression claims guarantee that your disability claim will be denied?
• Issues during my week in practice
  • Attempting to obtain disability benefits without ever attempting to work
    • Discussion of importance of trying work before applying for Supplemental Security Income Payments
    • Link to Delaware Division of Vocational Rehabilitation
  • Serious medical problems without medical insurance
    • Review of how lack of medical insurance limits options for individuals that have disabilities
    • Link to Delaware Division of Social Services Medicaid Information Page
• Social Security News (Discussion of Topics Reported in the News and Blogs this Week)
  • Bipolar Disorder and Social Security Disability by Aaron Rifkind of Illinois Social Security Blog
    • Explanation of the Medical Listing criteria for qualifying for disability benefits based on Bipolar Disorder
    • Important to also determine if you qualify based on your Residual Functional Capacity
  • Four Tips for Filing for Your Social Security Disability Reconsideration by Cavey Barrett, Attorneys at Law
    • Steps you can take to improve your reconsideration appeal
  • Another Reason to Appeal Your Denial by Gordon Gates of the Social Security Disability Lawyer Blog
    • Discussion of how high turnover at Disability Determination Services impacts denial rates at the initial application and reconsideration levels

Closing Credits:

• Contact Steve Butler to Discuss Social Security Disability Law Weekly
  • DelawareDisability.com Contact Form
  • Email: Steve@SSAlaw.us
  • Twitter: @DisabilityGuy
  • Facebook: http://facebook.com/SSALaw

I hope you enjoyed the fifth episode. Please feel free to give me any feedback for improving future episodes. If you enjoy the podcast, you can subscribe in iTunes.

Social Security Disability Law Weekly is a podcast devoted to issues in Social Security Disability Law. Discussion is focused on Social Security Disability Insurance and Supplemental Security Income payments. Social Security Disability Law Weekly is hosted by Steven Butler of Linarducci & Butler, PA.

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Sample Social Security Disability Denial Letter

My clients are often concerned that they were denied benefits because their doctors indicated to Social Security that they could work. The notice specifically states, “the following reports and records were used to decide your claim”. It is often assumed that if a doctor is listed in the notice, that a medical report was provided regarding the individual’s disability status. This assumption is normally wrong. In my experience, 99% of the time only medical records were provided to the Social Security Administration after the Disability Determination Service requested information. The notice is simply providing a list of any doctors that provided medical information to the Disability Determination Service.

What Information did my Doctor Provide to Social Security?

Often your physician does not even realize that he or she has sent information to the Social Security Administration. This is because your doctor’s staff normally responded to the medical request on your doctor’s behalf. In Delaware, the Disability Determination Service is only authorized to provide a flat fee of $15 for any medical evidence requested from your doctor. Most doctors are not willing to provide a detailed medical opinion regarding your disability and to make copies of all of your medical records for $15. Consequently, they simply provide a copy of your medical records.

The reason that it is important to understand that Social Security simply relied on medical records, is because otherwise you may assume your doctor believes that you can work and that you are not disabled. I have had multiple clients that have told me that they did not appeal a decision because they believed that their doctor indicated to Social Security that they could work. They never discussed the decision with the doctor, and sometimes even switched to a new doctor because they blamed the denial on their doctor’s report.

But if Social Security Denied me, doesn’t that mean that my Medical Records don�t Support Disability?

If you are pursuing disability benefits, it is important that you discuss your disability application with your doctor. Tell your doctor that you plan to apply for benefits, and ask for him or her to provide you with a letter in support of your disability application. If your physician provides detailed information indicating the limitations that you experience because of your medical condition, it is more likely that the Social Security Administration will actually know your doctor’s medical opinion.

It is not sufficient for your doctor to indicate that he or she believes that you are disabled; he or she also needs to provide an explanation to support that conclusion. Ask your doctor to provide a detailed description of your medical diagnosis, any test results that support your diagnosis, your symptoms and limitations, and how your medical condition would interfere with your ability to complete a normal workday or workweek. The Social Security Administration normally rejects a simple conclusion that you are unable to perform work. Social Security needs to know why your doctor believes that you cannot perform work. Without this detailed information, the Disability Determination Service must try to determine what your doctor thinks based on his or her records alone.

After you receive a denial from the Social Security Administration, I recommend again discussing your disability with your doctor. Ask your doctor to read your decision and determine if your doctor agrees with the decision. If your doctor disagrees with the determination, ask your doctor to provide another letter explaining why he or she disagrees with the conclusion. Ask your doctor if additional treatment is available or if you should be referred to a specialist. Make sure your doctor understands the importance of you receiving disability benefits.

Work with an Attorney to Review and Appeal your Denial.

It is important to remember that the notices sent by the Social Security Administration are form letters. You will not receive a detailed explanation of why your records do not support your disability, instead you will receive only a short summary indicating that your condition will not last long enough in order for you to qualify for Social Security Disability, that you can still perform some type of work, or that you do not meet other non-medical requirements of the disability program. Because this information can be misleading, it is important that you simply do not abandon your claim and accept the conclusion of the Social Security Administration without understanding the decision.

The majority of attorneys that handle Social Security disability claims will see you on a free consultation basis, and usually are willing to review your decision and try to make a determination if additional information can be provided to the Social Security Administration that will establish that you meet the disability eligibility requirements. Take advantage of this free consultation before deciding to abandon your claim, and find out how an attorney can help improve your claim.

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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First, thank you to all my wonderful current and former clients. Your confidence in me is the only reason that I have a job. Thank you for understanding when I have to deliver disappointing news or when I cannot immediately speak with you or return your call. Thank you for believing in my office and me, and for referring your friends and family when they need assistance. Despite the daily struggle that many of you face, you are still courteous, understanding, and patient as we navigate a difficult system together. I am always shocked when even the people that I could not help, refer a family member or friend to me. Thank you for believing in me and for trusting me.

I also want to thank the wonderful and underappreciated employees at the Social Security Administration, Delaware Disability Determination Service, and Office of Disability Adjudication and Review. You all have thankless jobs and are many times the focus of unwarranted criticism. Without the work that you do, many would have nothing to be thankful about today. Although I do not always agree with your conclusions (see Impact of High Administrative Law Judge Denial Rates on Disabled Delaware Residents ), I thank you for your hard work, your dedication, and your compassion. You each have difficult jobs with an extraordinary workload, but most of you still go beyond the duties of your positions to help others.

I also appreciate all of the community members that have enough confidence in me to continue to turn to me for help, or respond to my requests for help each day. I have the opportunity to interact with many wonderful doctors, attorneys, elected officials, and community organizers on a daily basis. Each of you assists me by referring new clients, responding to my requests, and by helping my clients. The support that you provide to your own clients, patients, and your communities, makes my job easier and improves the lives of my clients.

Finally, I would to thank my family, friends, and employees. Each of you is responsible for my success. You provide me with assistance and support when I need it, and understanding when I am demanding and unpleasant. I would not be able to accomplish all I that I do each day if it were not for your help. When I have difficulties in my own life, you provide a shoulder to lean on, and you help make my life easier. Thank you each for being part of my life.

So as you celebrate Thanksgiving today, do not think about what your live is lacking, but instead what you have. Even if you are in a difficult position today, take time to thank those that have supported you, and think of those that are less fortunate. And as each new days begins, try to remember to continue to take time to thank those who help you on a daily basis. Thank you again to everyone mentioned (and those that I have forgotten) and Happy Thanksgiving!

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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Social Security Administration District Office Responsibilities

When you apply for benefits (either directly at your local Social Security Office, by telephone, or on the Internet), your application is processed at your nearest Social Security Administration Office. The local office is responsible for determining if all required materials have been submitted, and checking for your eligibility for every disability program that the Social Security Administration administers. Although the Social Security Administration will accept any medical evidence that you have with you, the local office does not actually review your medical records or request additional records that are needed to determine your medical eligibility.

The main role of your local Social Security District Office is to process your application when you apply for benefits, and to process your decision. To determine your non-medical eligibility, your local Social Security Administration Office reviews your work history, your current financial status, and in some situations information about your spouse, deceased spouse, ex-spouse, and/or your parents. The local office also assist you in determining the correct date to use as your alleged onset date (the date you became unable to work) and in completing forms that are needed to make the medical determination on your claim. Once all the information is received by the local office, a determination is made of whether you meet the non-medical requirements for at least one disability program. As long as you qualify on a non-medical basis for a disability program, your file is transmitted to the Disability Determination Service for a medical eligibility decision.

Disability Determination Service Responsibilities

The Disability Determination Service is a State Agency contracted by the Social Security Administration to determine your medical eligibility for disability benefits. The Disability Determination Service is funded by the Federal Government, and its employees are trained in applying Social Security Administration Regulations and operating procedures. Although each State has its own Disability Determination Service, the medical requirements to be found disabled are the same throughout the United States.

While your application is pending, it is usually in your best interest to provide information directly to the Disability Determination Service (unless it is requested by your Social Security Administration Office). If medical updates or other information is needed to determine your medical eligibility, you will receive a phone call or letter from the Disability Determination Service requesting the information. If you submit any information directly to the Social Security Administration Office, it is supposed to be transmitted to the Disability Determination Service for consideration; however, since your local Social Security Administration Office and the Disability Determination Service are rarely in the same location, it is in your best interest to provide information directly to the Disability Determination Service.

Processing after Medical Determination is Made

Once a medical decision is made on your claim, your file is transmitted back to your local Social Security Administration Office for processing. If you are denied benefits, a denial letter is issued on Social Security Administration letterhead explaining the evidence that was used to deny your claim and why you do not qualify for benefits. If you file an appeal, your local Social Security Administration Office is responsible for processing your appeal and transmitting your file to the proper location for further consideration of your disability.

If you are approved for disability benefits, the local Social Security Administration Office again confirms that you meet the non-medical requirements (based on the medical approval), and your payments are calculated. If you are only eligible for Social Security Disability Insurance or Widow/Widower’s Disability Benefits, your benefits are processed in a national payment center and a Notice of Award is issued. If you qualify for Supplemental Security Income Payments or you also receive Workers’ Compensation Payments, additional information must be provided to your local Social Security District Office before your benefits and award notice can be released.

What the Social Security Administration District Office Does Not Do

The most important thing to understand about the disability determination process is that your local Social Security Administration Office is not responsible for the medical determination of your disability. Opinions given on the strength of your claim at the local office are not relevant. Many of the Claims Representatives do not even fully understand the rules to be found disabled (nor should they be required to). Statements by Social Security Administration employees advising you to not pursue benefits, do not bother appealing your denial, you do not need an attorney, or there is no reason why you will not be approved, are not usually supported by facts. The Social Security Administration Claim’s Representatives are not supposed to provide you legal advice on how to pursue your claim, or discourage you from filing an application if you meet the non-medical requirements. Even if you do not currently meet the non-medical requirements, you may still qualify based on your status from the past.

Ask for Help Understanding the Process

I personally represent individuals at all stages of the Social Security Disability Process. One of the benefits of having an attorney assist you with your disability claim is that I eliminate the majority of your personal contact with the Social Security Administration District Office. Although all of the Social Security Administration employees that I work with are dedicated hard workers, I hear too often from my clients that they are misled or confused by information provided by the Social Security Administration Office. Based on my experience on all aspects of the Social Security Administration Disability Process, I am normally able to assist you in understanding and navigating the process while providing you with a better chance of being approved for disability benefits.

If you are considering applying for Social Security Disability Benefits, or you are already in the process of applying for benefits, I normally recommend that you contact an attorney to discuss your specific claim. If you are confused by the process, or believe that you have received misleading information, it is important to discuss your unique situation with an attorney that is experienced in the Social Security Administration Disability Process.

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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