The Five Dirty Secrets About Social Security Disability

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

  1. 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 youSecrets of Social Security Disability have worked 20 out of the last 40 quarters, you have earned enough credits to be insured.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

 

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.

Give Me Five Minutes and I’ll Give You Five Tips for Finding the Right Social Security Disability Attorney to Represent You in Your Social Security Disability Claim

There is no doubt about it! The Social Security Disability law is complicated and you really do need to hire a Social Security Disability attorney who is right for you. Here are five tips you need to know about finding the rightFinding the Right Social Security Disability Attorney lawyer for you. Ask:

1. Are you a lawyer or a claims representative?

Answer: Claims representatives can represent individuals in Social Security Disability claims, but at Cavey and Barrett we believe that having a lawyer represent you who is familiar with the Social Security Disability regulations, rulings and cases is crucial.

2. Ask how many disability hearings the lawyer has handled?

Answer: The Social Security Disability lawyer should have handled at least over 100 Social Security Disability claims.

3. Do you have the experience with the type of medical problem I am having?

Answer: It is crucial that the Social Security Disability attorney you hire is familiar with the medical condition that is causing your disability. That includes not only the diagnosis of your condition, but how it impacts your ability to function physically or emotionally.

4. Is the attorney going to have an assistant who is going to be working with them?

Answer: It is common that a skilled Social Security Disability attorney will have a paralegal or case manager that will work up your case. They will be responsible for gathering information about your case and monitoring what’s happening- of course at the direction of the attorney.

Your attorney should regularly review your file and be in communication with you.

5. Will my lawyer be with me at a Social Security Disability hearing?

Answer: I know this is an odd question, but there are some claims representative companies who hold themselves out as being skilled advocates but who, in reality, don’t attend hearings because they ask the judge to make a decision based on the written record. Others, will let you attend the hearing by yourself. In the opinion of Sharon Barrett, former Social Security Disability staff attorney that’s playing with fire. While we do ask that the judge make a decision based on the record that we’ve compiled- which is voluminous, we always ask for a hearing and plan on presenting your case personally to the Social Security Administration judge. We know that you are paying our legal fees and we think that you deserve to have your case heard, personally by an administrative law judge and to be prepared to answer all the administrative law judge’s questions.

At Cavey and Barrett your Palm Harbor, Port Richey and New Port Richey Social Security Disability attorneys, we prepare you for any hearing in front of the administrative law judge and we are there with you, right beside you, at any Social Security Disability hearing.

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.

What are the 7 Things a Social Security Disability Claims Examiner Do To Evaluate Your Claim? | New Port Richey Social Security Disability Attorney

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!

Listing of Impairments – Changes to the Listings | St. Pete Social Security Disability Lawyer

Many of the Social Security Disability listing of impairments have not been updated for years and, as result, have not kept up with medical advances in diagnosis and treatment. Social Security Administration Commissioner Astrue has directed the Social Security Administration to develop a schedule to update all listings at least every five years.

Changes to listings for mental disorders, immune system disorders, cardiovascular disorders, and malignant neoplastic disease can be expected in the near future. As these listings are revised, I will explain the changes and what impact they have on your Social Security disability claim.

All claims for Social Security disability benefits are evaluated at Hurdle 3 to determine whether or not the applicant needs a listing. It’s important that these listings be updated and keep current with developments in medicine.

It is crucial that you develop the medical evidence and use residual functional capacity forms. If you have any questions, please contact St. Petersburg Social Security lawyer, Nancy Cavey.

Listing Of Impairments – Section 3.00 Respiratory System | Spring Hill Social Security Disability Attorney

You can file a claim for Social Security benefits for problems with you respiratory system.

The listings in Section 3.00 Respiratory System cover impairments caused by respiratory disorders such as emphysema, chronic bronchitis, asthma, chronic persistent infections of the long, cystic fibrosis, and bronchiectasis.

The Social Security Administration requires that you are respiratory disorder and impairment be established by medical evidence in sufficient detail to “permit an independent reviewer to evaluate the severity of the impairment.”

Most chronic respiratory conditions require medical treatment. The Social Security administration will look at your medical records over the period of time you have gotten treatment. They will evaluate your diagnostic testing, your treatment, your response to that treatment, information about the nature and severity of your impairment, including any improvement as a result of your treatment to see if your condition meets a listing.

Social Security Disability claim applicants may not have gotten any treatment or be able to show the existence of an impairment that meets the criteria of the listing. You might be able to show it you haven’t impairment that is equivalent in severity to one of the listed impairments or are disabled because of your limited residual functional capacity, it still is important to show the medical severity of your impairment, the level of your functioning, the frequency, severity, and duration of your symptoms.

I would suggest that you document your symptoms by keeping a diary. Those symptoms can include shortness of breath with exertion, coughing, wheezing, chest pain, sputum production. Your diary should be kept on a 24 hour/7 basis and outlines not only your symptoms and how often they occur, but how severe they are, how long they last, and how they interfere with your ability to function.

Make sure that you have the appropriate diagnostic studies to establish and you have a chronic pulmonary disease including pulmonary function testing which will help assess the severity of your impairment.

Don’t forget that some medical disorders, such as pulmonary hypertension or pulmonary vasculitis, can involve pulmonary circulation and you can meet any listing as a result of the underlying medical condition that causes a respiratory disorder. If you suffer from an impaired respiratory system and are going to file a claim you should consult with skilled attorneys Cavey & Barrett.

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