Crohn’s Disease is a devastating condition but it is, also, a tough condition to get Social Security Disability. Check out this video which can provide you insight into the condition.
Unfortunately, there is no way to tell what your chances are. The Appeals Council is responsible for handling all Office of Disability Adjudication appeals from around the country. Also, the Appeals Council does not inform you which judge handles your case so there is no way to know the likelihood of success.
After you are approved, the money you received is based on the type of claim you have pending. The technical part of calculating your benefits depends on what type of claim you have, any offsets, or any calculations that SSA has to make.
Q&A: Social Security Disability Today
How do I know if the updated records I submitted were received by the Virtual Screening Unit prior to my case being returned to the Hearing office?
This depends on whether you are represented or not. If you not represented, you can ask SSA for a copy of your file which should show you whether the records were considered by the VSU. If you are represented, some representatives have electronic access to your file so they should be able to review your file and tell you if they were submitted.
Unfortunately, the regulations do not require SSA to render a decision within a specific time period. Most representatives will give approximations based on their experiences with the offices. However, this time period is only an approximation. Also, at each level (Local office, Hearing office, Appeals office), the wait time may increase because the number of claimants the office is responsible for increases as well.
Q&A: Social Security Disability Today – 6.8.2012 (Why won’t doctors fill out forms saying I am disabled even though they are telling me I am disabled?)
This question is one of the great mysteries. Unfortunately, doctors are not bound to fill out a form on your behalf. If you have a doctor who is willing to help you, consider yourself lucky. Also, in many cases, the doctors may charge you to complete the forms so keep that in mind as well.
Q&A: Social Security Disability Today – How will going back to school affect my social security disability?
It depends. The Social Security Administration relies, in part, on your daily activities as an indication of whether you are able to perform substantial gainful activities. School is difficult because there are so many ways of going to school. Are we talking part time or full time? How many classes are you taking per week? How many hours are you study? Are you going to class or are they online classes? Do you require special accommodations? If so, what are they? All of these questions are important in determining the impact of you receiving Social Security Disability.
I have paid into the system but do you think I will get approved? (Q&A: Social Security Disability Today)
Q&A: Social Security Disability Today – 5.29.2012
I have paid into the system but do you think I will get approved because I worked over 11 years and stopped working in 2009?
Unfortunately, this is a tough question without seeing all of your medical records. Ultimately, you have two questions. One, did you pay enough into the system for you to qualify. This determination should be fairly easy for the government to tell you. Second, can you prove that your disability began before your disability insurance coverage expired. It’s tough because your medical records are going to be the biggest thing that will be relied upon when determining whether you are disabled during the period of coverage.
- At May 21, 2012
- By Anthony Reeves
- In Blog, Child Support, Doctors, General Legal Topics, Health Related Topics and Social Security Disability, Healthcare Topics, Newsworthy Social Security Disability Topics, Social Security Disability Fraud, Things That Can Affect Your Social Security Disability Benefits, Unemployment Compensation Benefits and SSA, Videos
Q&A: SSA Disability Today – 5-20-12
- Please explain the date last insured?? The Date Last Insured or DLI is the last date by which you are eligible to receive insurance coverage for disability benefits. It’s insurance. When you pay into the Social security system, you are always acquiring disability insurance. This insurance is available to you for a set period of time. If you can you prove that your disability began before your insurance period expires, you can receive disability benefits based on what you paid into the Social Security System
- Can I get SSI after I turn 62? The short answer is ‘it depends’. If you meet the eligibility requirements for SSI, you can receive SSI. The important question is whether you meet the eligibility requirements.
- I know someone who just received their SSD in the amount of $15,000 for Crohn’s Disease and bought a motorcycle with the money. Is this fraud? The short answer is ‘probably no’. Unless Social Security Administration instructed the individual to set up a ‘dedicated account’ with specific instructions as to what to spend with the money, SSA rarely gives tells the claimant what they can or can’t do with their money.
- One of my client’s SSI payments have been stopped because of unpaid Child Support from a number years. He had no means to pay child support because he was living in the Shelter System and was receiving Public Assistance. Now that he has SSI, all of his children are now over the age 18. How can this client have the hold taken off of his SSI check? It depends on whether the payments were SSI or SSD. If someone has an outstanding child support obligation, Congress made it possible for the states to take garnishment actions against the claimant’s Disability benefits. I see this a lot in SSD cases. However, I haven’t seen it in SSI too many times. The problem is if the person owes child support and they are getting disability benefits, the states are permitted to go after the person’s disability benefits to satisfy that obligation.
- If I win my case will I have to pay back the unemployment I collected if I do win my case since I was laid off and not fired? It depends on your state law. Social Security Administration typically does not require you to reimburse the state for unemployment. However, you would need to contact your state unemployment office to determine if they do.
- Does social security give everyone who applies for disability a urine test to see if they are taking all their medications? I have never seen a situation where SSA has required someone to take a urine test. However, SSA will rely on our doctor’s reports. Your doctors will typically state whether you have been compliant on your meds
- My question is, can I work part-time (definitely am making under $1000 a month) and file for disability? I’ve seen this question a lot and here’s what I tell people. If you are receiving disability and you want to test the job market, SSA will allow you a trial work period (9 months during a 5 year period) where your benefits will not be disturbed (unless you are receiving SSI) if you make more than $1,000. SSA knows that you would rather work than receive SSA benefits. HOWEVER, I stress to people all the time to be CAREFUL about trying to make UNDER a certain dollar amount. Don’t be fooled into thinking that you can make a few dollars here or there and SSA won’t stress about it. If you are working part time, SSA will want to know if you have the ability to work full time or perform substantial gainful activity.
- What are the benefits of having a lawyer lobbying on your behalf at a disability hearing? There are a few benefits to having a representative (whether attorney or non-attorney). You have someone who knows the strengths and weaknesses of your case. You have someone who can make certain arguments about the information that is in your file. You have someone who can address any issues brought up by the court. You have someone who can inform you about the process and what happens at the hearing.
- I am diagnosed with Schizoaffective disorder bipolar type and I noticed that SSA does not have it listed in the blue book of impairments. How will they judge whether I have this disorder? The judge has a variety of sources under the law, the rulings and the Programs Manuals available to them in assessing your disorder. Remember, the focus of the disorder is whether it’s severe and what impact it will have on your ability to perform work.
- I got approved for disability in December 2011 from my the judge. I haven’t received a payment. I called ssa office and they tell me it’s still processing at the payment center in Maryland. It’s been over 4 months, any idea how long it takes? It typically takes 60 to 90 days to process payment. However, it all depends on whether there is no additional issues that need to be addressed (like if you need a representative payee or if there are workers compensation issues). As long as you are diligent about following up, your payment will be processed.
- If I have been out of work (on WC) for 2.5 years and have just applied for SSDI. Will there be back pay when I am approved? It depends on whether you have an offset from the Workers Compensation you received. I previously posted a video about the effect of Workers Compensation on SSDI. The amount of WC you receive along with your age, your potential SSDI payments, and your earnings will need to be determined in order to calculate if you will receive backpay.
- I am having a hard time proving I am disabled. What can I do? Unfortunately, YOU bear the burden of proving that you are disabled. This means you have to use whatever means are available to you. Free Clinics. Health Department. ER visits. SSA needs as much medical evidence to support your case. Without it, you have an uphill climb.
- Can I get the Trial Work Period if I leave the county? You have two issues here. First, you must contact SSA and determine if the country you are going is a country that ssa permits benefits to be sent. Second, if it is, the TWP is available for 9 months during a 5 year period. Finally, before leaving the country, determine if you can contact your local American Embassy in order to inform SSA about your trial work period.
- I have a mental exam on June 5, this for coming month what should I expect? You should expect an interview and possibly some testing. If you are administered a test, it is important that you give the test your best effort. You can’t beat the test so don’t try to make yourself worse than you are.
- I have been on disability since 1999 and worked all my trial work period in 2002-2004. My extended work period is also exhausted. I am 56 yr old . I want to try and work Pt job But if I go back I don’t want to totally be cut off. They say I can make up to $1010.00 ..I’m am I taking a chance If I try to work…I don’t think you addressed this Issue.
- If you are receiving disability benefits, you are always taking a chance of your benefits being affected if you try to work. The Trial work periods are designed to give people the opportunity to test the job market to see if they are able to work. However, the Government is responsible for ensuring individuals who are receiving disability benefits are unable to perform work. Even the ability to do part time work may demonstrate the ability to work. I strongly encourage people that they will earn more from working than receiving disability benefits. However, I typically tell people who are trying to work to be careful about trying to keep the earnings to a particular amount. Social Security may still think you’re able to work.
- I owe overpayment social security. I just go approved again. What happens with back pay and current benefits?
- Typically, what should happen is your back pay should be applied to your overpayment. If you still owe money after your back pay has been reduced, they will probably take a portion of your monthly benefits until your overpayment is paid off.
- i had a sjogren’s disease and fibromialagia and also degeneration in the lower back also parathyorid and thyorid problems I been approved for disability. on the approval letter they said that they will review my case in 3yrs. i been receiving disability for the past 15months. want to know the autoimmune diseases are mip or Mine or just improvement is expected. and if i have a review in the next year and a half how good my chances are to win it ?
- The Social Security Administration typically conducts Disability reviews to determine if a person is still disabled. Typically, they are looking to see if the person has improved, gotten worse or gotten better. At the time of the review, they compare your disability to the last time you were approved. Unfortunately, there is no way to know, in advance, what your chances of continuing your disability. It all depends on your medical records.
- Hi, your information is very helpful. My hearing was on 4/10/2012 and the judge told me that I will be declared disable. I just receive a paper from my lawyer stating that it can take between 2 to 4 months for the judge to declare me disable and another 4 to 6 months before receiving any money. They want me to reimburse them money for medical files before receiving my money. I was never told the date or amount of money I will receive as back pay. I am being told by other family members that have gone this, they knew at the time of hearing the amount of back pay and the date the disability started. My family members think my lawyers are lying to me, are they right? Please help, I am not sure who to believe.
- The Judge is only responsible for determining whether a person is either disabled or not disabled. Another section of Social Security is responsible for calculating the monthly benefits. There are ways to get a rough approximation of what you may receive. However, you rarely find out at the hearing what your back pay will be if you are approved.
- I have not received any back child support payments in over a year. The father lives in Colorado and is on SSI. Our case is in Texas… Is there different laws pertaining to why I may not receive child support payments at this time?
- Every state handles garnishment of Disability Benefits differently. In addition, SSI is a need based program so it is possible that these benefits may not be garnished. Contact SSA for assistance in child support.
- Can you explain the impairment listings?
- The third step of the Disability process is whether a person meets or equal the listing. The Social Security regulations have a List of almost every medical impairment with very detailed requirements for each condition. Each of these requirements have to be met in order to be found disabled under the Listings of Impairments. These requirements are usually very tough. They are designed this way because the idea is that if a person meets all of these criteria, they are presumed to be disabled.
- I know a business who’s using someone’s name to avoid paying taxes. He has 2 business in two different location but he registered it in both the same address but two different names. The other name is his mom’s who’s claiming disability. I am concern that if the government find out that she has a business under her name that they would stop her disability check. She is old and blind. How do I report this guy?
- All you have to do is contact the Local Social Security office and the IRS and let them know that you are concerned that someone is committing Social Security fraud and federal tax fraud and they will take it from there.
- What do I do when the Vocational Expert at my hearing says I can work?
- It’s important for you to understand that the Vocational Expert does not decide whether you can work or not work. That expert is there as a tool to assist the judge in determining what types of work can be done by persons under various hypothetical situations. The judge is the final decision and will weigh all of your medical evidence. The responses by the Vocational Expert is what the judge will use to determine which situations fits your medical evidence.