Assumptions that Can Hurt Your Social Security Disability Claim

You’ve worked long and hard contributed to the Social Security Disability system and now your doctor has told you that you are unable to work. Simply assuming that because your doctor told you that you are disabled you will get your Social Security Disability benefits is a crucial mistake that many applicants make.

It’s important that you understand the five step sequential evaluation that the Social Security Administration uses for all Social Security claims.

The Social Security Administration is going to determine if you qualify for SSDI:

  • Determine if an individual is working (engaged in substantial activity) according to the Social Security evaluation. If you are earning more than $10,010 per month as an employee, you will be disqualified from receiving Social Security Disability benefits.
  • Your ability to perform basic work activities such as walking, standing, sitting lifting, pushing, pulling, or understanding, carrying out or remembering simple instructions.
  • Your medical condition must be severe enough to significantly limit:
  • Meet a medical listing under the categories of impairments. Most people simply don’t meet a medical listing and as a result, the five step sequential evaluation moves on to steps four and five of the five step sequential evaluation.
  • Determine whether or not you can perform the work that you have done in the past despite your disease. If Social Security finds that you can do your past work, your benefits will be denied. If you can’t do your past relevant work then the process will proceed to the fifth and final step.
  • Review of your age, education, work experience and physical/mental condition to determine whether or not there is other work, if any, you can perform.

The Social Security Administration may use the medical vocational rules, the grids, which vary according to age. As you can see, simply because your physician says that you are disabled won’t result in being automatically approved for your Social Security Disability claim.

Need Help With Your Social Security Disability Claim?

You can learn more about the Social Security Disability claims process and get assistance in completing your initial application for Social Security benefits in the Tampa Bay area by contact Social Security Disability attorney Nancy Cavey who can be reached at 727.894.3188 for a complimentary consultation.

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.

Insider Secrets About Testifying at Your Social Security Disability Claim

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.Social Security Disability Claim Secrets

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.

FAQ: What are the proposed IOM recommendations for HIV Social Security Disability claims?

The Institute of Medicine is recommending to the Social Security Administration that Social Security Disability applicants with HIV be awarded benefits if they meet one of the following criteria:

1. A CD4 cell count at or below 50 cells per cubic milliliters of blood serum, a laboratory benchmark that indicates an advanced stage of illness.

2. One of the few rare but fairly severe disabling HIV associated conditions, such as pulmonary Kaposi-Sarcoma, certain lymphomas, dimension, or progressive multi-focal leukoencephalopathy (PML).IOM Recommendations for HIV and Social Security

3. An HIV associated condition that appears in another section of the SSA’s full Listing of Impairments such as cardiovascular disease, chronic kidney disease and hepatitis.

4. An HIV associated condition that is not already included in other sections such as neuropathy, neurocognitive disorders and wasting syndromes.

If your claim for Social Security Disability benefits as a result of AIDS has been denied, contact HIV Social Security Disability attorneys Cavey and Barrett. 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.

83% of Americans DO NOT Believe that their Social Security Disability Claims Will be Handled Fairly

Social Security disability Claims Denied83% of Americans do not believe that their Social Security Disability Claims Will be Handled Fairly by the Social Security Administration

Attorney Carl Kazmierczak of Kazmierczak and Kazmierczak, a Social Security Disability firm recently asked the question, “Do you feel the Social Security Administration will handle your Social Security Disability claim fairly?”

This poll was taken by the Office of Disability guide and the response was amazing, 83% said that they did not trust the Social Security Administration to handle their Social Security Disability claim fairly.

The Social Security Administration proved Commissioner Astrue is making many efforts to improve the Social Security Administrations ability to quickly handle Social Security claims and reduce wait times.

The office of Commissioner Astrue fully assists in improving the public opinion of the Social Security Administration and how Social Security Disability claims are handled. http://www.prweb.com/releases/2009/09/prweb2842904.8tm

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.

Getting a Lawyer In Your Social Security Disability Case – What Will You Be Asked at Your Initial Appointment | Port Richey Social Security Disability Attorney

You decided to set up an appointment with a Social Security lawyer, like Nancy Cavey, to talk about your social security disability claim. I am sure you are wondering what you are going to be asked by this lawyer. Here is a list of some questions you will be asked at your initial appointment.

The first series of questions are background, the second of questions are medical, third deal with pain, the fourth is functionality, the fifth is medications, sixth is physical limitations, and seventh is good and bad days.

Let’s start with the background questions:

1. When did you apply for benefits?

2. What date did you say you became unable to work?

3. What date did you  actually stop working and why?

4. Why can’t you working now?

5. Who did you work for during the 15 years before you became unable to work, what was the name of job and your duties, hours per day, reason for leaving, hours per week, and rate of pay. How many hours per day did you have to sit, stand, and walk.

6. In your most recent job what was the greatest weight and average weight you had to lift or carry, did you use machines, tools or equipment, did you write reports, have any supervisory responsibilities, did your medical problems effect you ability to do your last job and, if so, how?

7. What is your education? How well do you read? Did you repeat any grades or were you in any special classes? Can you do basic math?

8. Do you have any vocational training?

9. Did you serve in military? Getting any veteran’s disability benefits?

We will review the medical questions next! If you have any questions call St. Petersburg based Social Security disability attorney, Nancy Cavey.