Social Security Disability Benefits Blog » The Claims Process

Insider Secrets About Testifying at Your Social Security Disability Claim

Nancy Cavey — Thu, 05 Jan 2012 14:52:37 +0000

When you apply for Social Security Disability benefits, you are required to complete a form called an activity of daily living form that will ask you many questions about what you are capable of doing or not doing. If your medical records or your actions contradict your activity of daily living forms, there is a good chance that the Administrative Law Judge can rule against you.

For example, in the case of Gallows v. Social Security Administration, the Appellate court pointed out that the Social Security Disability applicants actions can speak louder than their words.

Ms. Gallow applied for Social Security Disability benefits claiming that she was disabled as a result of a degenerative back condition and had mental limitations. The Administrative Law Judge determined that she could do light work based on a review of her medical records and denied her benefits.

Ms. Gallow appealed, saying that the medical records supported her physical limitations and she was disabled.

However, Ms. Gallow also claimed that she had mental impairments that limited her to do doing nothing more than simple 1+2 type mental activities. But, guess what, she recently completed 12 college credits and got a perfect 4.0 average.

Attending college and getting great grades contradicted the medical evidence. The ALJ’s decision was that there were jobs that she could perform despite her limitations was approved by the Appellate Court.

The secret to winning your Social Security Disability benefits is to make sure that you actions and your words are consistent.

Sharon Barrett, former Tampa Bay staff attorney for the Social Security Administration, can make sure that the medical and vocational evidence supports your claim and that you are not contradicting yourself in any way. At Cavey and Barrett, we only represent Social Security Disability applicants that we believe are entitled to Social Security Disability benefits.

You can learn more about your rights to Social Security Disability benefits by ordering Cavey and Barrett’s Your Rights to Social Security Disability Benefits. Request it free today to the right of this post!

If you would like more information about your rights regarding Social Security Disability Benefits, you can order our FREE book,"Your Rights to Social Security Disability Benefits" by submitting the form in the sidebar. We will send it out immediately along with other important information.

For more information about Social Security Disability Benefits, visit our law firm web site at CaveyLaw.com. If you would like to speak with one of our Social Security Disability Benefits attorneys about your case, feel free to call us anytime at (727) 897-9117 or simply submit our contact form and we will get back to you quickly.

The Five Dirty Secrets About Social Security Disability

The Five Dirty Secrets About Social Security Disability

Nancy Cavey — Thu, 30 Jun 2011 15:06:38 +0000

There are five dirty secrets that every American should know about the Social Security Disability benefits.

Social Security Disability benefits aren’t charity. If you’ve worked 20 out of the last 40 quarters, you’ve become insured as a result of payroll deductions in the form of a Social Security tax known as FICA. If you have worked 20 out of the last 40 quarters, you have earned enough credits to be insured.
Your Social Security Disability benefits are payable regardless of your financial status. If you have worked and become insured for Social Security Disability purposes, you can draw Social Security Disability benefits even if you and your family are financially secure.
Don’t wait to claim Social Security Disability benefits. If you wait too long to file Social Security Disability benefits, you can lose your insured status and your right to valuable Social Security Disability benefits. The lifetime value of the average Social Security Disability claim is over $100,000. That’s a lot of money and you wouldn’t want to lose your rights to getting Social Security Disability benefits by not timely filing a claim for Social Security Disability benefits.
Thinking that you can represent yourself in the Social Security hearing or thinking that your benefits will automatically be paid because your doctor has told you that you are unable to work. Wrong! Social Security statistics show that the chances of getting Social Security Disability benefits increase when you have an experience Social Security Disability attorney represent you. While it is not mandatory to have an attorney represent you, it is wise to have representation.
While many people think that they can’t afford a Social Security Disability attorney, attorney’s fees are set by the Social Security law. If your benefits are awarded, your attorney has paid 25%, up to a maximum of $6,000 of your past benefits. If your Social Security Disability claim is denied, you owe your attorney nothing.

Don’t let these five dirty secrets stop you from applying for Social Security Disability benefits. Need help applying for Social Security disability after your claim has been denied? Give Cavey & Barrett a call today at 727-894-3188.

The Dirty Secrets About Appealing a Denial of Social Security Disability Benefits

How does Social Security Disability Define Past Work and Why is it Important in my Social Security Disability Claim?

Nancy Cavey — Tue, 31 Aug 2010 13:42:50 +0000

When you file for Social Security Disability benefits you are going to be asked to complete a work history that provides a job description of the mental and physical demands of your job.

Why?

The Social Security Administration requires that they determine, in every Social Security Disability claim at step four of the five step sequential evaluation whether or not you can return to your past relevant work. That’s work that you performed for three months or more.

In step four of the five step sequential evaluation, the disability examiner asks whether or not you can return to the lightest job you’ve held in the last fifteen years. If the answer is yes, your Social Security Disability claim will be denied!

If the answer is no, then you move to step five of the five step sequential evaluation which is explained in greater detail in Cavey and Barrett’s book Your Rights to Social Security Disability Benefits. Click the link to get your FREE copy today!

Getting Rid of the Sleepless Night Before Meeting with the Social Security Representative

Nancy Cavey — Mon, 23 Aug 2010 15:33:55 +0000

At Cavey and Barrett we believe that is crucial that you cooperate with the Social Security representative handling your case. You may get a call asking for information or even be asked to come to the Social Security Administration. We have three tips to help you get rid of the sleepless night you might be having before you meet with your Social Security claims representative:

1. Respond immediately to any Social Security Disability correspondence because that correspondence requests a demand within a certain period of time. If you don’t respond, your claim will go to the end of the line or may even be closed.

2. If you get a call from a Social Security Disability claims representative, answer those claims honestly and accurately. If you are in doubt don’t hesitate to ask any questions you need to ask so that you can give an accurate answer to Social Security Administration for the question they are asking.

3. Make sure that you have your medical records available when you apply for Social Security Disability benefits. If you are asked to come to the Social Security Disability office to meet with the claims examiner, we suggest, at Cavey and Barrett, that you bring a xeroxed copy of all of your medical records and any information regarding your employment history. Don’t give them the originals! They are sure to lose them.

If the Social Security Administration rejects your application for benefits, you must file an appeal within sixty days or you will have to start all over again. If your Social Security Disability claim has been denied. Contact Tampa Bay Social Security Disability lawyers Cavey and Barrett for a free no obligation consultation today.

Four Tips for Filing Your Social Security Disability Reconsideration

Nancy Cavey — Tue, 23 Mar 2010 15:34:02 +0000

Unfortunately, you, like most people have had your initial application for Social Security Disability benefits denied. Don’t give up! We at Cavey and Barrett urge you to file a request for reconsideration. If you chose to do so without the services of an attorney we think that there are four things that you should know about filing your request for reconsideration.

Always provide updated medical information about your recent visits to the doctors, hospitals or clinics.
Submit the medical records of your providers that you’ve seen from the time of your initial application up until your request for reconsideration. This will help speed up the reconsideration process. While it may not mean that your Social Security Disability benefits are granted at the request for reconsideration stage, you will at least get “faster” denial so that you can move on to the request for hearing stage.
At Cavey and Barrett, we strongly suggest that you copy of your disability application if you done it in writing. We suggest that you run off a copy of the disability application and fill it out in a draft. You can use that as a guideline for filling your request for reconsideration information. As you fill out the request for reconsideration paperwork review your copy of your initial application. Look to see whether you not you have forgotten any doctors, hospitals or clinics that you may have seen. Check the application to see whether or no you mistakenly left off medication or side effects of medication. Check the application to see if you have listed every condition that you are being treated for which is the basis of your disability. If you’ve left something off you want to include this on your request for reconsideration.
You have sixty days to file the request for reconsideration, plus five days for mailing. At Cavey and Barrett we urge you to turn in your request for reconsideration as early as possible. Every day you wait is a longer delay. At Cavey and Barrett we strive to submit your request for reconsideration in the same week that we receive notification that your initial disability application ahs been turned down.

At Cavey and Barrett, we believe in a team approach to handling Social Security Disability cases. We’ve written a free consumer guide Your Rights to Social Security Disability Benefits , you can order your free copy at a $19.99 value by clicking here.