What Is Disability Insurance Benefits?

    There are several types of Social Security disability benefits. For all of them you must prove that you're disabled but you have to show something else as well and that's something else varies from one type to another. For Disability Insurance Benefits (DIB,) in addition to proving you're disabled, you must have worked a fair amount recently -- five out of the last ten years, or 20 of the last 40 calendar quarter before becoming disabled, if you want to be technical. That standard is a little different for those under the age of 31 since they haven't had time to have worked as long as older people.

    DIB benefits are computed based upon prior earnings. If you have earned more in the past, you get more DIB.

    You don't have to be poor to get DIB. It doesn't matter if you have money in the bank and it usually doesn't matter to Social Security if you have a pension. 

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Fibromyalgia

     Can you get on Social Security disability for fibromyalgia? Yes, but it's awfully hard. If you've got fibromyalgia, you already know that the diagnosis doesn't get much respect from many doctors. Even though it's real, many medical professionals treat it as if it were imaginary. Unfortunately, there's a lot of this sentiment at Social Security.

    It helps a lot in fibromyalgia cases if the diagnosis has been made by a rheumatologist. The patient with fibromyalgia need not continue to see a rheumatologist. The treatment options for fibromyalgia are quite limited. A family doctor can handle the management of fibromyalgia in most cases.

    As in every case, age makes a big difference with Social Security disability cases. Also, Social Security will also look at every other health problem you have. You may be hurting all over but that bad knee may be the part that gets you found disabled. The arthritis in the knee shows up on an x-ray while the fibromyalgia all over doesn't.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

How Do I Dress For A Social Security Disability Hearing?

Not the look you want

    If you're having a hearing by telephone it doesn't matter what you wear! If it's a video hearing or an in person hearing there's no need to get dressed up. If anything that might not be a good idea. You can wear whatever you might wear to go to the grocery store. I'd say to avoid jewelry or much makeup. You wedding band is OK. If you just have to wear some small earrings, it's OK, but nothing beyond that.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

What Is SSI?

    There are several types of disability benefits that come from the Social Security Administration. One important type is Supplemental Security Income (SSI). You must be able to prove you're disabled to get SSI but that alone isn't enough. There's always something else besides disability you have to prove to get any type of Social Security disability benefits. In the case of SSI you must be poor. There are two aspects of being poor enough for SSI. You have to have a low income plus you must have low resources. By low resources, Social Security means countable resources below $2,000. Not everything counts, though. A house, if you're living in it doesn't count. One car doesn't count. Ordinary sorts of jewelry, like an engagement ring, doesn't count. Household furniture and appliances don't count. Still, $2,000 is low. It's easy to go over that and lose your SSI at least temporarily. If you do lose SSI due to excess resources, you have 12 months to again become eligible without having to start over with a new claim.

    Here are some thing to avoid if you're on or hope to get on SSI:

• Giving away things you own to become eligible for SSI. This doesn't work. It results in long periods of ineligibility.
• Letting others hold money for you so you can go below $2,000. It's still your money so you're  still ineligible. If you get some lump sum of money while on SSI or trying to get on SSI, Social Security is going to ask what you did with the money.
• Holding money for other people. That can look like its your money.

     What can you do if you receive a lump sum of money while you're on or trying to get on SSI, such as a personal injury settlement or an inheritance? Here are some things that work:

• Pay off your debts, including your home mortgage.
• Make home repairs.
• Replace worn out appliances or furniture.
  
• Replace your old car with something better.
• Buy some new clothes.
  
• Spend some money to make a trip to see friends or relatives you haven't seen in a while.
  

    There's way more that can be said about SSI income and resource policies. Consult Social Security or an attorney, like my law firm, if you have questions.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Your Medical Condition

     How much difference does your medical condition make in determining whether you'll be approved for Social Security disability benefits? It's the most important factor but not the only one. Age, education and work experience must also be considered. Age, in particular makes a big difference at Social Security. Consider two Social Security disability claimants with the same medical condition, one age 45 and the other, age 60. The 60 year old might be approved while the 45 year old might be denied.

    There's no simple way of determining whether your medical condition will be enough for you to be found disabled. There's what's called a "Listing of Impairments" at Social Security but those "Listings" are far from the only way a Social Security disability claim can be approved. The "Listings" themselves aren't just a list of names of diseases. Each disease has its own specific criteria for approval and those specific criteria are terribly hard to meet. As an example, you might see leg amputation in the "Listings" but you don't merely need to have had an amputation. In most cases, you'd also have to have problems with your stump that are so bad that you can't use an artificial leg. When an amputee has that sort of problem, in most cases, their surgeon goes back in to modify the stump so they can use an artificial leg. For most of our clients, meeting a "Listing" is impossible.

    In the end, it's just complicated. Like it or not, you're probably going to need a lawyer to help guide you through the Social Security maze.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Avoid Unnecessary Payment Delays

     Remember when you filed your Social Security disability claim that they asked for your bank account information? Even if you don't remember it, I assure you they did ask for it and you gave them your bank account information, if you had a bank account. (I have clients argue with me about this but they're always wrong!) It's now three years later and you've finally been approved for Social Security disability benefits. Can you guess where I'm going with this? Right, you may have closed that bank account since you filed your claim but Social Security doesn't know this. Unless you tell them quickly, they're going to try to deposit your benefits into a closed bank account. The money will bounce back and you'll suffer delay in getting your benefits.

    Your solution to this problem is to contact Social Security as quickly as possible after you find out you've been approved if your old bank account has closed. You can give them the new bank account information or let them know you have no bank account so they can send you a check. I do mean that you should contact Social Security right away. Most of the time it takes a month or more before the money comes in but not always. Sometimes, it comes in within days.

    By the way, it's not the end of the world if your direct deposit bounces back because your old bank account is closed. It's just going to add a month or two of unnecessary delay.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Why Is There A Waiting Period?

    There are actually two waiting periods in Social Security disability. If you're approved for any sort of disability benefit other than SSI there's a five month waiting period after disability begins before cash begins. There's also a 24 month waiting period on top of that before Medicare begins.

    You're expecting that there must be some reason you can understand why these waiting periods exist but there really aren't any, at least not any you'll accept.. The waiting periods exist for two reasons. One is to save money. The other is because compromises were made in order for Social Security benefits to pass Congress in the first place. Those who opposed disability benefits and Medicare couldn't prevent passage of the legislation. All they could accomplish was to make it as brutal as possible. Why would members of Congress be so hostile to disabled people? I really can't tell you.

    If you think this is awful, let your members of Congress know. They're the ones who can change this.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Happy 89th Birthday, Social Security!

 

FAQs On Consultative Examinations

    Social Security sends a lot of disability claimants out for medical or psychological exams at the agency's expense. Here's some FAQs on these exams:

What's a "CE"?

It's an abbreviation for Consultative Examination. It's what they call the exams that Social Security sends you to.

Do I have to go?

Probably. They can turn you down for refusal to cooperate if you don't.

Is it a bad sign if they don't schedule a CE? Or is it a bad sign if they do?

It's neither, really.

Why do they schedule CEs?

In theory, they're doing it because they feel they don't have enough evidence. Sometimes, that's really the case. Sometimes, it seems to be overwhelmed employees scheduling CEs to put your case off for a bit because they are too busy to work to your case. Sometimes, CE scheduling just seems random.

Do the CEs hurt claimants?

Sometimes they hurt. Sometimes they help. Mostly it's neither. You wonder why they wasted the money and time on the CE.

How good are the consultative exams?

Not so great. Nobody goes to medical school to do the CEs especially when you're not paid much to do the exam, which is usually the case. You're not getting the cream of the crop doing CEs. They're mostly going through the motions.

The CE is scheduled at the same time that I'm scheduled with my own doctor. What do I do?

Call Social Security as soon as possible and ask that they reschedule it

My CE was done in a chiropractor's office. Why?

Sometimes doctors moonlight from their regular jobs to do CEs on Saturdays. They just rent some space from a chiropractor.

How do I make a complaint about a CE?

Look at the written notice you received about the CE. It should have a phone number and address on it. That's who you contact to complain. They actually pay more attention to those complaints than you might think.

What kind of mistakes do people make when they go to CEs?

The biggest mistake is fakery. Don't do it. It can really hurt you. If you're asked to do something during the exam, do it to the best of your ability. You can say it hurts but do what you can. Also, don't go in with an angry attitude. That's not a good way to influence the doctor in your favor. Another mistake: Showing up intoxicated for the CE. They're going to notice. Yes, a few people really do show up drunk for CEs.

 

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Help Yourself

    Many clients arrive at our firm in desperate financial shape. Most of the this can be attributed to two problems -- waiting too long to file a claim for Social Security disability benefits and the delays at Social Security. However, there are often other problems because the claimant never realized that help was also available from other sources. Let's list some of these other sources of help for disabled people:

• Medicaid -- If you're even moderately poor, file a claim with Social Services, not Social Security. This gets you access to health care.
• Short or Long Term Disability benefits from your employer -- Were you covered by a pension plan where you worked? If so, you were probably covered by a Short or Long Term Disability plan. Ask about it. If you are covered, it will give you a regular income.
• Food Stamps -- If you're even moderately poor, file a claim with Social Services, not Social Security. Don't drain your savings to buy food.
  
• VA benefits -- Are you an honorably discharged vet? Are you eligible for service connected disability benefits? Are you sure you're not? It doesn't have to be an injury caused by military service. An auto accident off base that caused injuries that still bother you could be enough. It doesn't have to be an injury at all. Any medical condition that started while in military service would be enough. For that matter, there's non-service connected disability benefits for poor vets who served during time of war.
• Social Security retirement benefits -- If you're over 62 you don't have to choose between retirement and disability benefits. Take the retirement benefits now and try to get on the disability benefits which are likely to be higher but to take longer.

    Many of my clients rely upon help from relatives and friends. I often ask them "Do you really want to test exactly how deeply they love you?" Get as much help as you can from other sources.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Get Down In The Weeds

    Let's say you want to really get down in the weeds on Social Security matters. Here's a few places you can go online to see what's happening at the agency that administers Social Security:

• Congressional Research Service -- Posts reports on all kind of things, including Social Security. Tends to be written at the elementary level since they're writing for members of Congress and their staffs.
• FOIA Reading Room -- Social Security posts some of their more popular responses to Freedom of Information requests.
• HALLEX -- An manual for agency employees working on hearings and appeals.
• POMS Recent Changes -- POMS is Social Security's main staff manual.
• ALJ Discussion Board -- Where some of the agency's Administrative Law Judges go to talk about agency matters but it's mostly for wannabe ALJs.
• Disability Stats -- Statistics on Social Security disability claims.
• Emergency Messages -- Important staff instructions but usually not really about emergencies.
• Federal Register -- Where official notices are posted.
• OIG Reports -- Where the agency's Office of Inspector General posts reports on investigations they have completed.
• OMB Regs Review -- Changes to regulations that Social Security has asked the Office of Management and Budget to review.
• Social Security Contracting -- Where Social Security posts information about contractors they are seeking.
  

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Top Five Myths About Social Security

    Michelle Singletary at the Washington Post writes about these top five myths about Social Security:

• Myth No. 1: Social Security is, or will be, ‘bankrupt’

• Myth No. 2: Young adults won’t benefit from Social Security

• Myth No. 3: A shortfall makes collecting early a wiser move

• Myth No. 4: The federal government has raided the Social Security Trust Fund
  

• Myth No. 5: Members of Congress don’t pay Social Security taxes

    Four of these five myths share something in common. They're spread by opponents of the existence of Social Security.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347