When your Social Security Disability Claims is sent to the Social Security Disability office it is sent to the Disability Determination Office. It is then assigned to a Social  Security Disability Claims Examiner who does 7 things in evaluating your disability claim.

Those 7 things are:

1. The Disability Claims Examiner assigned to your case will send medical records request letters to your various medical providers that you listed at the time of your initial application.

2. After your medical records have been received, the Disability Claims Examiner will read and evaluate them.

3. The Disability Claims Examiner will determine whether or not you have a physical or mental condition that meets the requirements of a listing. If your medical condition does not meet a listing, the Disability Claims Examiner will determine your functional capabilities based on reading your medical records.

4. The Disability Claims Examiner will submit his assessment of your Residual Functional Capacity to a staff physician who will review the form to determine what you can still do and what you are incapable of doing from a mental and/or physical standpoint.

5. The Disability Claims Examiner will review the physician-approved Residual Functional Capacity and determine whether or not your restrictions prevent you from doing the lightest job you held in the last 15 years.

6. The Disability Claims Examiner will also determine if those restrictions and limitations make it impossible for you to do other suitable work.

7. If the Disability Claims Examiner determines that you cannot return to your lightest job and that you can’t perform other suitable work, you will be approved for Social Security Disability benefits.

When the Disability Claims Examiner determines your functional limitations and compares them to the work that you did in the past and other work that might be available based on your age, education and job skills, he performs a medical/vocational determination.

The Residual Functional Capacity determination by the Disability Claims Examiner and staff physician is rarely accurate. Sharon Barrett, a St. Petersburg/Tampa Social Secuirty Disability lawyer, has your treating physician complete the right Residual Functional Capacity form  for your medical condition so that the Social Security Administration has your treating physician’s opinion about your functional capabilities.

It is crucial to the success of your Social Security disability claim that your physican be given the right residual functional capacity forms!

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Without a doubt, you can improve your chances of winning at the disability hearing stage by finding a qualified Social Security Disability attorney, such as Sharon Barrett, who is based in Tampa/St. Petersburg.
Sharon will assist you in obtaining your medical records, getting a Residual Functional Capacity sheet completed by your physician, and submitting this documentation to the judge who will be hearing your Social Security Disability case.

Social Security lawyer Sharon Barrett will also assist you in preparing for your Social Security Disability hearing.

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Well, you’re in big trouble! There can be an assessed overpayment that can run into thousands of dollars that will follow you to the grave. Social Security can recoup over-payments until you die. Alternatively, they can stop your benefits, which means you’ll have to start all over again in the disability evaluation process and prove that you are disabled. Remember that you are jeopardizing your entitlement to Medicare or Medicaid if you work while receiving Social Security Disability benefits or SSI.

Please note that at the Tampa Bay Social Security Law firm, Cavey & Barrett, we do not represent individuals who work while collecting Social Security Disability benefits.

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At Cavey and Barrett, your Pinellas and Hillsborough County Social Security Disability lawyers, we are ofter asked “Is it hard to get Social Security Disability benefits for a mental problem?”

Unfortunately, Social Security Disability applicants with psychiatric problems are routinely denied Social Security Disability benefits.

Unfortunately, disability claims examiners who make the decision about your initial disability application and reconsideration have very little training in evaluating mental impairments and their insight into those conditions is non-existent.

They will read and summarize your medical records and take them to a unit psychologist for review.

Unfortunately, the unit psychology consultants are not very good and routinely render inaccurate opinions about the mental Residual Functional Capacity forms.

At Cavey & Barrett we work closely with disabled Social Security applicants with psychological and psychiatric problems. We consult with your mental health counselor and secure documentation of your ongoing treatment. We will have your mental health counselor complete Residual Functional Capacity forms that accurately reflect the impact that psychological problems have on your ability to function.

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Attorneys Nancy Cavey and Sharon Barrett are nationally recognized for their expertise and contribution to the field of Disability Law. With their new book “What You Should Know Before Filing Social Security Benefits” they have provided the consumer with an essential tool. Disability, whether it is yourself or a family member, can be a very difficult time in one’s life. This book can protect the reader from making critical mistakes that could have disastrous results for the disabled and their family. If you are concerned about Social Security Disability benefits this book is a must read.

Vaughn DeKirby, Disability Attorney

San Franciso, CA.

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