Guest guest Posted September 27, 2003 Report Share Posted September 27, 2003 Got this info from one of my other groups and thought some might find it helpful. I had no trouble getting it....just be honest when filing for SSDisability. Meaning do not say you can do such and such when in actuallity it is hard for you. & ! nbsp; .Applying for SSDI Social Security Disability Insurance The following is Social Security Disability information I've collected over the Internet and through friends. This is for information purposes only, not legal advice. Compiled by Linie Social Security Disability Information What is Social Security Disability? Disability is the " inability to to do any substantial gainful activity " by reason of a medically determinable physical or mental impairment: .. which can be expected to result in death; or .. which has lasted or can be expected to last for a period of not less than twelve months. The claimant must have a severe impairment that makes the claimant unable to do the claimant's previous job or any other substantial gainful activity which exists in the national economy. Further, recent law has generally made a requirement of Citizenship. To determine if the claimant can do any other work, the Social Security Administration will consider the claimant's residual functional capacity, age, education and work experience. A determination by another agency that an applicant is disabled will impact a claim. If found disabled by some other non- governmental or governmental agency, the evidence toward that finding is important. The Social Security Administration determines disability by a five step process: 1.. The claimant must have no substantial gainful activity. 2.. The claimant must have a severe impairment. If work is not being performed, Social Security will initially look at any physical or mental impairments to determine whether one is disabled or blind. 3.. The analysis generally ends if the claimant meet or equal a listing of impairments. The listings are medically determinable criteria, for a presumptive finding of disability. If the claimant does not meet or equal a listing, the analysis goes to steps 4 and 5. 4.. The claimant's impairment must prevent the claimant from working previous employment over the past fifteen years. 5.. The impairment must be so severe that any other work which exists in the national economy cannot be performed.This analysis at steps four and five depend on the claimant's residual functional capacity There are several forms of Social Security disability, including Disability Insurance Benefits, Widow's Benefits, and Supplemental Social Security Income (SSI). Social Security, however, no longer grants disability based solely on drug or alcohol addiction or, generally, to non-citizens. There are also children's benefits, which have been subject to recent changes. Social Security may also be available to those disabled by Chronic Fatigue Syndrome or Fibromyalgia. The claimant needs to provide evidence to Social Security. Social Security will generally not pay for getting all the medical evidence they need to decide a case. Impairment Any impairment must be a medical, anatomical, physiological or psychological abnormality that can be shown by a medically acceptable clinical and laboratory diagnostic technique. Physical or mental impairments must be established by medical evidence consisting of signs, symptoms and laboratory findings, not only by the claimant's symptoms. Symptoms are a description of physical or mental impairments. An individuals statement alone is not enough to establish that there is a physical or mental impairment. Signs are anatomical, physiological or psychological abnormalities which can be observed separate from a statements (symptoms). Signs must be shown by medically acceptable clinical diagnostic techniques. Psychiatric signs are medically demonstrable phenomena which indicates specific abnormalities of behavior, affect thought, memory, orientation and contact with reality. They must also be shown to be observable facts that can be medically described and evaluated. Laboratory findings are anatomical, physiological, or psychological phenomena which can be shown through the use of medically acceptable laboratory diagnostic techniques. Some of the techniques include chemical tests, electrophysiological studies, electrocardiogram, electroencephalogram and psychological tests. The kind of evidence that needs to be supplied to Social Security must show an impairment and how severe it is during the period it is said that one is disabled. Remember, the Social Security Administration will only consider the impairments that one says they have or about which they receive evidence, with a possible exception of those who suffer from Chronic Fatigue Syndrome " CFIDS " or perhaps Fibromyalgia. Social Security can help get medical evidence and reports when giving SS permission to request such from your doctors. In almost every case, no matter what the disease is, the answer is the same - " Maybe, it just depends upon how badly you are affected by the disease. " One example might be cancer. The word " cancer " is scary to anyone, but there are many cancers which can be treated and cured very quickly, with little or no lasting effect. On the other hand, of course, there are cancers which cause great suffering and ultimately death. The question in each individual case is " How sick is this particular individual with cancer and how long is this person going to remain sick? " Skin diseases are another example. The vast majority of skin diseases, while annoying, would not be considered to be disabling. On the other hand, there are some uncommon, very severe skin problems which are clearly disabling. In extreme cases, psoriasis, which is not rare, may be disabling. Thus, almost without exception, the mere fact that an individual has a disease with a certain name does not guarantee that the individual either will or will not be found disabled. It all depends upon how sick the person is. Listings for Adults The listings are medically determinable criteria you generally must be very ill to meet or equal these listings. If you do not meet or equal a listing, you go to the next step. Included below are the adult listings. While these listings were updated recently, this page cannot verify that the listings are exact and to date. The listings may be looked up at 20 C.F.R. Section 404 Subpart P Appendix I: Part A . Sec. 1.00 Musculoskeletal System. 2.00 Special Senses and Speech. 3.00 Respiratory System. 4.00 Cardiovascular System. 5.00 Digestive System. including liver disease 5.05 (see below) ************** See this 6.00 Genito-Urinary System. 7.00 Hemic and Lymphatic System. 8.00 Skin. 9.00 Endocrine System and Obesity. 11.00 Neurological. 12.00 Mental Disorders. (see below) 13.00 Neoplastic Diseases, Malignant. 14.00 Immune System. ************ ???? Residual Function Residual Function: The residual functional evaluation based on your age, education and work experience, that helps them make this determination in steps four and five, and it is defined by the limitations that your impairments have on you. The impairments may be assessed either from a physical or mental standpoint. The evaluation is made ultimately by Social Security. However, when your treating physician(s) hold an opinion on how you are functioning, particularly if the treatment is over a long period with sustained contact, Social Security will give the opinion(s) great weight. What a " medical functional capacity assessment " describes. This assessment describes an individual medical ability to do work-related activities such as sitting, standing, moving about, lifting, carrying, handling objects, hearing, speaking a mental impairment, the medical assessment will include your ability to reason or make occupational, personal or social adjustments. The medical evidence must be complete enough to allow the Social Security Administration to determine the nature and limiting affects of impairments for any period in question, the probable duration of individual impairments and an individual residual functional capacity to do work-related physical or mental activities. Information from other sources may help an individual to understand how an impairment affects ability to work. Some other sources that may help are: public and private social welfare agencies, observations by non-medical sources and other practitioners such as chiropractors, audiologists, etc. If a family medical doctor writes a letter that an individual is totally and permanently disabled, it will not help one receive benefits that is for Social Security to conclude. The report must contain all of the items covered under what a medical report should include (i.e, history, clinical findings, laboratory findings, diagnosis, treatment, medical assessment). It must be complete. Social Security will use the doctor's reports as evidence to make their determination, but not for its conclusion. Burden of Proof The burden is, generally speaking, on the claimant. Attention should be brought to the Social Security administration illustrating everything that shows disability. The Social Security Administration will consider all relevant information they receive from the applicant. If the information is not present in the claimant's file (or the tape of the testimony) then it is not considered. The opinion by a claimant's frequently treating doctor, with objective tests for impairment, over a long period of time is given more evidentiary value than the opinion of consultative examiners. Specialists are given more weight than generalists on specified topics of impairments. Once the claimant shows that the impairment limits to the extent that the claimant cannot perform past relevant work, than the burden shifts to Social Security to show that the claimant cannot perform any significant and competitive work in the national economy. Evidence The claimant should provide Social Security with information about age, education and training, work experience, daily activities both before and after the date of disability, efforts to work and any other evidence showing how impairments affect the ability to work. The Social Security Administration accepts evidence from reports from acceptable medical sources. The medical sources that are acceptable are: licensed physicians, osteopaths, certified psychologists, optometrists for measurement of visual acuity and visual fields (they may need a report from a physician to determine other aspects of eye disease); and individuals authorized to send them a copy or summary of the medical records of a hospital, clinic, sanitarium, medical institution, or health-care facility. Generally......... http://pbcers.org/SSD-ALL.htm Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You are posting as a guest. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.