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.

Posted November 25th 2008 to The Claims Process | Comments (0)| Permalink | Trackback |  Print This Post |  Email This Post

You can go to jail for Social Security Disability fraud. Here is just an example of what can happen:

Man admits lying to Social Security

By Robert Patrick

ST. LOUIS POST-DISPATCH

08/15/2008

A Mascoutah man pleaded guilty today to a federal felony charge and admitted to a series of lies that cost Social Security over $120,000, the U.S. Attorney’s office said. John R. Laird applied for and received disability benefits in 1989, court documents show. During the time that Laird was telling the Social Security Administration that he was unable to lift or use his arms and had trouble getting around, he got a full-time job as a mechanic, pleaded guilty to methamphetamine-related charges in St. Clair County in 2001, violated his probation and was sent to prison, court documents show. He was supposed to notify officials about all those milestones, prosecutors said.

Laird pleaded guilty to concealment of material information from the Social Security Administration today and agreed to pay restitution. The U.S. attorney’s office said Laird would owe more than $120,000.

John Laird costs everyone in the Social Security Disability system!! St. Petersburg Social Security Disability attorneys at Cavey and Barrett don’t tolerate clients who we think are trying to game the Social Security system.

Posted September 05th 2008 to What's New at the Social Security Administration (SSA) | Comments (0)| Permalink | Trackback |  Print This Post |  Email This Post

Mycobacterial, mycotic, and chronic persistent infections of the lung are listed conditions under section 3.08. You can get Social Security Disability benefits for chronic lung infections. You can look at the listing in detail here.

The Social Security Administration requires that these disorders be evaluated on the basis of resulting limitations in pulmonary function. Evidence of chronic infection with positive culture, drug resistance, enlarging parenchymal lesions or cavitation, are not, by themselves, a basis for determining that you have a disabling impairment expected to last 12 months.

If, however, you do have the pulmonary infection that persists almost 12 months, the clinical findings, complications, treatment considerations and prognosis will be carefully assessed by the Social Security Administration to determine whether, despite your pulmonary function, you have an impairment that is expected to last at least 12 consecutive months which prevents gainful activity.

This will be evaluated under the criteria found in 3.02 Chronic Pulmonary Insufficiency which you can will review at the posting on that topic.

Posted May 19th 2008 to Listing of Impairments,Social Security Benefits for Respiratory Problems | Comments (0)| Permalink | Trackback |  Print This Post |  Email This Post

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.

Posted May 12th 2008 to The Claims Process | Comments (0)| Permalink | Trackback |  Print This Post |  Email This Post

You can lose! Even worse, you can destroy your ability to successfully appeal the Administrative Law Judge’s denial.

Many Administrative Law Judges simply do not give the same attention to an unrepresented claimant they give to a claimant who has gotten a lawyer.

Why? Because the unrepresented claimant is clueless! The claimant hasn’t the foggiest idea why the claim was denied, what they have to prove to win, what is in their file and, more importantly what is NOT in the file that should be!

It is like going to the teacher and telling them you can’t hand in your homework because your dog ate it! That makes it very easy to deny your claim.

You must understand why you case was denied. You must understand what evidence you need to give to the judge. You must make sure your medical records are current. You must make sure your doctors identify your functional limitations. You must be prepared to deal with any medical experts or vocational experts the Judge may have at the hearing to testify. You must be ready to testify about the things the Administrative Law Judge needs to hear from you to be able to award you Social Security Disability Benefits.

No, simply telling the Administrative Law Judge that you are in pain, no one will hire you, you can’t keep a job or you can’t work is NOT going to get you Social Security Disability Benefits.

What it will get you  is a big fat DENIAL! And MORE TROUBLE!

Ever decision by an Administrative Law Judge is subject to review by a higher body called the Appeals Council. The Appeals Council can agree with the Administrative Law Judge’s denial. reverse the decision or send it back the Administrative Law Judge for another hearing.

The reality is that once you are denied by the Administrative Law Judge it is going to be very, very hard to find a lawyer who will take your case and try to undo all your mistakes. The consequences of representing yourself are greater than you think! Be sure to get a lawyer such as Nancy cavey or Sharon Barrett.

Posted April 19th 2008 to Getting a Lawyer | Comments (0)| Permalink | Trackback |  Print This Post |  Email This Post