Do you know that the Social Security Administration may schedule you for a Social Security Disability Consultative examination?

Do you need to attend? At Cavey and Barrett we tell all our clients to attend and to cooperate.

If you do not attend the examination your claim will be denied. If you can’t attend the examination, look closely at the notice. You should find the name and telephone number of your caseworker on that letter.  Call them immediately and ask for your appointment to be rescheduled. Keep a record of your telephone call and be sure to note the date of your call, the time of her call, who you spoke to and what they told you. Better yet, send a letter certified mail, asking that the appointment be rescheduled. You’ll have proof of your contact.

If the appointment has not been rescheduled within 10 days of your call, follow-up once again and document or communications with the Social Security administration.

There is a reason that the Social Security administration has scheduled this examination and it probably is that there is not enough proof in your file to establish that you are entitled to Social Security disability benefits.

You must provide the Social Security administration with the evidence they need to determine whether or not you are entitled to Social Security disability benefits. If you’re uncertain why the examination was scheduled or about what to do or say at the examination, you should consult an experienced Social Security Disability attorney who can help prepare you for this important examination. Being prepared for this examination can be the difference between winning benefits and being denied Social Security disability benefits.

For assistance with your social security disability claim in the Tampa Bay area contact Cavey and Barrett at 727 – 894 – 3188.

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Did you know that diabetes has its own Listing of Impairments Section 9.08?

It is a very interesting listing because it’s so short and because it does not distinguish between Type I diabetes or Type II diabetes. Listing of Impairments – Section 9.08 Diabetes Mellitus requires:

1. Diagnosis of diabetes AND

2. Evidence of neuropathy with “significant and persistent disorganization of motor function in two extremities, resulting in sustained disturbance of gross and dexterous movements, or date and station.”

ALTERNATIVELY

3. Acidosis, which happens, on average, at least “once every two months” and which is documented by appropriate blood tests.

ALTERNATIVELY

4. Diabetic retinopathy, that results in the visual impairment at of Section 2.00 of the impairment manual. You have to have a significant loss in your peripheral vision in the better of two lines or significant loss of visual acuity in the better of two eyes.

The reality is that if you suffer from diabetes you probably aren’t going to meet a listing. That doesn’t mean you won’t get your Social Security disability benefits. Rather, a claim for Social Security disability benefits for diabetes will likely be approved on the basis of a medical vocational allowance at Hurdles 4 and 5, which are discussed in earlier blog postings.

As a review, we must take into consideration not only your diabetes but what other medical conditions you might have secondary to your diabetes. These can include hypertension, coronary artery disease, kidney problems, visual problems and neurological problems. It isn’t uncommon to see Social Security disability applicants who have neuropathies, visual problems, and even amputations, who have been denied Social Security disability benefits for diabetes or its complications.

Don’t give up! Appeal any denial of your Social Security disability benefits for diabetes and secure experience Social Security disability representation. Social Security disability benefits for diabetes can be obtained if adequate medical documentation is obtained and your physicians complete the appropriate Residual Functional Capacity form. It’s important to have representation so that you can fully develop your functional physical restrictions and limitations and how your diabetes impacts your functioning.

As you know, diabetes can cause severe damage to your vascular system, nervous system, visual system and kidney system. The Social Security Disability administration evaluates the damage to those parts of your body under the disability criteria for those specific body areas.

For example, the damage your diabetes has caused to your eyes is evaluated under the visual system.

For more information on appealing a denied claim for Social Security disability benefits for diabetes, contact Nancy Cavey, a Florida Social Security Disability Attorney.

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According to an article in the March 2008 Social Security Forum, published by NOSSCR, the average processing time for a Social Security disability claim nationwide is 511 days!

Boston is 373 days, Philadelphia 386, Denver 418, San Francisco 420, Dallas 447, New York 526, Kansas City 568, Seattle 579, and Chicago 656 days.

The Tampa office, where we are based, has an average processing time of 679 days. But, we aren’t the worst! That “honor” goes to Indianapolis which has 816 day processing time!!

For more details you can visit www.NOSSCR.org.

For more Social Security claim information feel free to visit here.

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The Social Security does have a listing of impairments for disorders of vision and, if your condition meets a listing, you will be awarded benefits at Hurdle 3. You won’t see a listing by disease. While you doctor may have told you have low vision, macular degeneration, or even diabetic retinopathy, there is unfortunately no specific listing for these conditions.

Rather, the Social Security Administration Listing, Section 2.0 Special Senses and Speech Impairments, looks at visual acuity, field of vision, muscle function, and visual efficiency. Check it out at ssa.gov.

Most vision claims are evaluated under listing 2.02 “Impairment of visual acuity” which requires that the remaining vision in “the better eye after best correction” be 20/200 or less.

What is a better eye and why does Social Security care about the better eye? Social Security is going to consider your remaining visual acuity and peripheral vision in both your eyes. If one eye meets the listing but the other eye (the better eye) does not, you don’t meet a listing. If the vision in your eyes after correction with glasses or contacts is still worse than 20/200 you meet a listing. However, it must be BOTH eyes!

It is hard to meet the requirements for a listing but these claims can still be won.

You must develop medical and vocational evidence that establishes you can not do the work you have done in the last 15 years before you became disabled and you are unable to do work in the national economy based on your age, education, and transferable skills.

Have a family member write down what problems you have reading, writing, driving, or even walking because of your vision problems. Document how you might need assistance cooking, eating, or dressing. Help the claims examiner “see” what you cannot as you take them on a tour of your day.

Consulting a Social Security Disability Attorney might be the best thing you’ll do. Nancy Cavey, a Florida based attorney, can help you! Contact her by clicking here or by calling 727-894-3188, or 727-897-9117.

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The Listing of Impairment manual has specific criteria for the evaluation of spinal impairments which can be found at here.

These problems can include osteoarthritis, spinal stenosis, herniated discs, spinal arachnoidtis, and degenerative disc disease.

These are common problems which are the basis of many social security disability applications and, unfortunately, many denials. Why is that?

There are two reasons. The first is that back problems are a common complaint the Social Security Administration (SSA) sees all the time and SSA just doesn’t take these complaints or problems seriously. The second is that your doctors don’t go to medical school to write reports that meet Social Security disability criteria.

If you click on the link above, you will see that there are very specific criteria for the diagnosis of your back complaints, exacting requirements for what must be seen on your physical examination including precise measurements, diagnostic studies which support your diagnosis, documentation of the treatment prescribed by your doctor in response to the treatment, specific comments on the effects of the treatment that you have been given, and specific descriptions of the drug or treatment given including dosages, frequency, description of any complications or side effects.

You will also see that Section 1.04, Disorders of the spine, includes specific definitions of spinal conditions including herniated discs, spinal arachnoiditis, lumbar spinal stenosis, and abnormal curvature of the spine. If your condition doesn’t perfectly fit the definition and the criteria required by the listing, the Social Security Administration is going to find that you do not need a listing. So, in many cases, your medical records simply don’t address all the factors that Social Security wants to see before they will agree that you need a listing.

Unfortunately, at Hurdle 4 and 5, most Disability Determination specialists are of the opinion that back problems are temporary and that you can return to the lightest job you’ve held in the last 15 years with the job you were doing at the time it became disabled. That, of course, means that your claim will be denied.

That isn’t to say that these cases can’t be won! In fact, with proper development of the medical evidence these cases are won every day.

What’s the key?

1. Make sure that your doctors notes show a proper diagnosis of disc herniation, back pain, lumbar problems, spinal stenosis, or degenerative joint disease.

2. Make sure that your medical records have objective evidence of the diagnosis in the form of x-ray reports, CAT scans, MRI studies, bone scans, EMG/NCS studies, and surgical reports.

3. Make sure your doctor documents your functional limitations on your activities such as bending, stooping, standing, walking, sitting, and alternating positions.

4. Make sure your doctor documents any side effects of medication.

5. Make sure your doctor documents you are physical findings on examination such as decreased range of motion, reduced muscular strength, how you walk, positive straight leg raising tests,  and any sensory or reflex changes.

6. Make sure that your doctor’s reports are consistent with what you’re reporting about your condition, physical problems, pain and side effects of medication.

7. When you fill out forms for the Social Security Administration explain what problems are having with pain and how it limits your ability to function 24/7.

8. Getting regular medical treatment so that there are medical records that backup your claim.

Back claims can be won with proper development of the evidence that meets the Social Security criteria and your best chance will be to contact skilled Social Security Disability lawyers Cavey & Barrett!

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