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Video instructions and help with filling out and completing social security disability

Instructions and Help about social security disability

This is the American Law Journal or if you apply for Social Security disability benefits will you get them it may come down to one simple number what's your age good evening I'm Christopher nought and welcome to ALJ the old adage is the older you get the easier it is to get disability benefits but a former New York Yankee found out that's not necessarily the case Gina Passarella with the legal intelligencer has this subscribe dial with a Yankee runner inscribed position Brian Doyle right now he is three for three with two runs scored Brian Doyle a fairy tale story in the Yankee baseball history a utility infielder with a low career batting average Doyle subbed for a Lang star Willie Randolph in the 1978 World Series and for two glorious weeks he hit 438 driving in and scoring runs making sparkling plays in the field leading the Yanks to victory that was Doyle's brief shining moment in the Sun but in the 1990s he contracted leukemia his bones deteriorated and today in his 60s suffers from Parkinson's disease making life difficult and according to Doyle work impossible I am quite a bit homebound I can't I can't drive so Doyle applied for Social Security disability benefits but the government turned him down twice I was extremely disappointed and frustrated and it should have been easier for the 60 year old Doyle because the Social Security Administration has set up medical vocational grids taking into account one's education ability to do light work and age simply put the closer to retirement age you get the easier it is to get disability benefits but not for Doyle he didn't give up after those two denials he filed an appeal to get his day in court last November after Doyle's case was heard by an administrative law judge he did what he so often did in the 78th world series with two strikes and two outs he got his clutch hit and finally landed his Social Security disability benefits award have endurance have friends and family to support and pray because I'm living proof that almost after three years I finally won my case for the American Law Journal I'm Gina Passarella alright folks we're here with you and your telephone calls I've got two attorneys here in the studio with me we'll be joined by a guest from Washington DC in just a couple of minutes but first just Leventhal joins us once again he's been doing for many years with Leventhal Sutton and gornstein claim it's attorney the firm focusing on SSD and SSI cases and seated right next to him familiar face now I think I went back to the old VHS tapes guys I think he goes back to the mid-1990s one night I'm going to pull him out Alan Polanski is with Polanski and Polanski in Audubon New Jersey formerly with the Social Security Administration well that's getting further and further in the

FAQ

When filling out social security disability paperwork online how do I enter more than two tests from a single doctor?
You need to get a case worker and file any paperwork from your dr with them. Just be sure to make your own copy of anything you file because S.S. is famous for losing paperwork. Good luck to you.
How can I find out why I am on disability? Medicare/social security will not tell me. My narcissistic mom filled out the paperwork under the ruse that it was for my spine injuries. I have learned that I am not receiving benefits for that.
Based on the history of this question you filled out the paperwork applying for disability.What was your diagnosis?What physician did you see to diagnose your condition?What do you discuss in your disability review?Are you receiving the payments or is your mother assigned as your payee representative because you cannot manage your care on your own?The federal Health Information Portability and Accountability Act (HIPAA) gives patients the right to obtain a copy of their medical records from any medical provider, with a few exceptions. As long as your doctor believes you can understand them.I would call and set up a time to visit the doctor/s that diagnosed you with a total disability to view your records. You should know what you put on the paperwork unless prior to filing you were declared unable to care for yourself and someone else is assigned to make all important decisions for you. In that case, you will have to discuss it with your representative.
Is it legal for doctors offices to charge special fees for filling out residual function forms and other questionnaires specifically used by lawyers and judges to determine a Social Security disability action?
I’m answering as though to a lawyer.Doctors are private professionals governed by their medical association ethical standards and state law, not social security law. They can charge. I’ve had doctors say their charges would be anywhere from $200 to $500. Then you have to make the decision whether to foot the bill. When I have done that my clients have not reimbursed me, with the exception of 1 or 2.On the other hand, if you are at the federal court level, you can pay and if you win, the Court will order expenses paid under EAJA. To set up for this, ask in writing for the ALJ to pay the cost of the opinion. State that it is necessary development and identify the undeveloped part of the record that could be completed with admission of the doctor’s opinion.On appeal, one of the issues is: was failure to develop error and - was it harmful error? To show harmful error, you submit the doctor’s opinion that you have now paid for, and argue this is what would have been in the record, had the ALJ properly developed the record as specifically requested by you, the lawyer.
What's wrong with a military parade? Are people only against it because Trump suggested it, or do they just not want to respect our military?
As a Brit who has never served in the military, I may not be best suited to answer this question, but I'd like to offer my two cents anyway.I hate how the immediate response to any opposition to anything military related is the stupid ad hominem "Why don't you respect our military?". I also hate how the immediate response to any opposition to anything Trump related is the stupid ad hominem "You just hate it because Trump said it". Granted, I do dislike Trump, and disagree with about 99% of the things he says, but this is not just because he's the one who said them. It's because most of the things he says fall somewhere between blatant lie and borderline racist, and he tends to backtrack on anything else. There are many reasons not to want a military parade along the lines of what Trump's asking for, with a primary reason being the cost. America is already having enough trouble managing its budget without spending even more tens of millions of dollars on a completely unnecessary parade.Military parades are rare in the western world. They're expensive and don't do much besides say "Hey look everybody! I've got a huge pe- army!". They also have acquired a distinct dictatorial association due to the fact that dictators are the kind of people who tend to throw huge military parades. People try to say that a military parade is all about respecting soldiers, but it's not. A military parade, when done for reasons other than "We've always done them" are at best a show of strength, and at worst the only way for a dictator to get off now that porn access has been cut off in his country. People don't seem to realise that the best way to respect a soldier is to bring them back alive and well, thank them for their service, and support them whenever and however they need support. Respecting soldiers is not about seeing how many tanks and missiles you can show off in your capital.Now why does Trump want a parade? Because France has one. Does any other western nation have parades? Not really. Germany doesn't do them any more for some fairly obvious and painful reasons. We do have some ceremonial parades here in the UK, but they usually only involve the Queen's household regiments and are done mainly for the purposes of tradition. The only country in Western Europe that does military parades on the scale that Trump is talking about is obviously France.You may now be thinking, "That's perfectly reasonable. If France can have a military parade on their version of Independence Day then surely America can have one on actual Independence Day". The difference is that France has done the parade nearly every year since 1880 - over 100 years, and has used it as a diplomatic tool, such as when Germany took part in 1994 to symbolise reconciliation after the world wars. America does not have a history of large-scale annual military parades on Independence Day at all, and I seriously doubt Trump's trying to use it for diplomatic outreach. There's not even a major victory to celebrate. ISIS may have been pushed back, there is still major conflict in the Middle East, and even when they're eventually defeated, I don't think anyone should be celebrating the horrific mess that's been made, especially not the US.The suggestion of a military parade, when combined with Trump's habits of attacking the media, calling anyone who disagrees with him treasonous, and discrediting the justice system, bring to mind all too easily stark comparisons with dictators across the world - dictators like Kim Jong Un.I'm all for supporting the troops, but blind support of anything related to the military is foolish. A parade of military equipment does not support or respect the troops or the veterans. If Trump truly wants to support the troops with a parade, rather than just have a cheeky wank over how big his missiles are, he should have a parade of present and past servicemen, because those are the parts of the military that should be respected and honoured - NOT the hunks of metal that they drive and shoot.
Can you explain how the social security disability program works in simple language?
Sure.You become disabled.You decide to apply for SSDI.You fill out the application and include all supporting documents.You submit your application.It is denied.You retain a Social Security Disability attorney and resubmit your application.It is denied.You request a hearing before an administrative law judge.You wait a period of time (3 months to 2 years, depending on your state) and then you’re scheduled for a hearing.You go to the hearing with your witnesses, present your evidence, and hopefully win.Your Medicare starts immediately.It might take 3 to 4 months for your SSDI payments to start. You will also get your portion of back pay in the same time frame.You start getting your monthly payments.When you reach retirement age you convert your SSDI payments to SS payments.You can work a certain amount and not affect your SSDI payments. I don’t know what the limit is now, but in Georgia you can earn up to $15 per hour working 20 hours per week and not affect your payments.Steps 4 through 10 are the hardest part. Almost everyone is denied once, and a large proportion of those are denied twice. You have to keep fighting for what’s yours.
What are the positives of homelessness?
What are the positives of homelessness?You find out who your friends are, for one thing.Who is willing to help you when you really need it?Where can you crash out for a night or two, when leg cramps and bitter cold make sleeping in the car seem impossible?Which coffee shop will allow you to use their bathroom to wash up in the morning, and even pay your parking fine, so you don’t have to sell your grandmother’s jewelry to get the boot off your car?Who will help you get your social security disability claim completed and submitted, when your anxiety is so high that walking in the door of that office seems overwhelming?Who will allow you to fill up your water jugs from the hose in their front yard? Who will put five bucks of gas in your car so you can make it to your therapy appointment? And who won’t?Now I know who cares about me enough to help out, and who can’t be bothered. I know which relationships are worth preserving, and which ones needed to be cut loose. Good to know.Another good thing: you find out how resourceful you are. I figured out where I could hang out all day long, with a bathroom available, for cheap or free.Of course, it helped that I am white (this should not matter, but, sadly, it does). I was a lawyer before I got this brain injury, so I was able to hang out around the university and other places I had frequented for years.Folks at the law school were used to seeing me there, using the library, so they didn’t shoo me off when I sat there for hours and used the internet. And the bathroom. This was especially nice when it was either too hot or too cold to sit in the car and be comfortable. I learned that I had certain advantages, even in my desperate circumstances, that others did not have.I developed empathy for folks I may have scorned in the past. Now I know anybody could become homeless, and faster than they think. I am more compassionate toward those living on the street, and give a buck or two to those who are disadvantaged because of their race or because they can’t pass for middle class because they don’t have the clothes, or the hygiene, or the mental stability to pull it off.I don’t wonder whether they will use the cash for drugs or alcohol. I just give it to them without asking whether they deserve it, because I know they need it.People deserve to be treated with dignity, care and compassion, even when they are homeless, no matter how rough they look. Even if they are mentally ill, or addicted. These are lessons I learned from being homeless.I learned where I could park my car at night, where I would be safe, and be able to get a few hours of sleep, and where the police, or someone else, would not make me move.I never knew that it is illegal in my hometown to park on public streets and sleep in your car, until I needed to do it. I found the places where I could sleep in my car and not be bothered.I learned that my sleeping bag would keep me from freezing to death, even when the temperature dips to 10 degrees below zero. Good to know.I discovered the best food pantries, where there was a chance of getting some fresh fruit and veggies, and even some organic foods, instead of Spam, and expired bread and pastries, which was the usual fare at most pantries (though I was grateful to get these, when I had no other options).I learned where I could take a shower, when I really needed it, for free.It was nice to not have to worry about my house any more. I ended up selling my house at a bargain price because I was on the brink of foreclosure. This left the mortgage paid, and me homeless.My traumatic brain injury and major depression made it impossible for me to deal with that house for one minute longer. I was ready to jump off a cliff, and I wish I were joking.After more than a year of using every last dime I had trying to fix the place up, and getting ripped off by several different contractors, I just wanted out of there.For example, after paying thirty five thousand dollars for a new roof, it leaked in the first rain big rainstorm and ruined my bedroom furniture. House painters stole my five thousand dollar deposit, ran off with my late husband’s tools from the garage, and left the job half-finished. It was such a relief to not have to deal with any of that anymore.I would never wish homelessness on anyone. But it did help me strip away all that does not matter in my life, determine who my friends are, and showed me that I can survive some difficult circumstances, in spite of my brain injury and depression.With the help of a few good friends and loved ones, I was finally able to get social security disability benefits and move into a little apartment of my own.Even though I am not the confident, quick thinking lawyer I used to be, and I don’t have the bank account that went with it, I realize that I am strong, and still resourceful, and there are people who care enough about my well-being to help me when I need it.That’s a good thing, and I am grateful to know it, even if I learned it the hard way.
Why would social security deny a disability claim that is a contagious flesh eating disease that affects all aspects of the person's life?
I was told by a Social Security agent that it’s really important to have proper documentation of the illness you are claiming as a disability. The doctors need to fill out the disability forms (which many hate doing) and they have to fill them out correctly, which many do not do. I got letters several times from Social Security pushing me to keep on my doctors to fill out and send in the forms. In my case my doctor made an appointment with me to fill out the form. She told me the forms are time consuming and that doctors want to be paid for their time. Then as she filled out the form she put me through a bunch of moves to see what I could and could not do and what my range of motion was. I have both RA and osteoarthritis which severely limits my mobility.The second thing one needs to know is that even if you have a disability, you will not be accepted as disabled enough unless you cannot work any job that can support you. So let’s say you have RA, but can still earn an income of say $800-$1000 or more a month, there is a good chance you will not get disability. I’m not sure of the amount, sorry, but I receive SSi and it’s below $800 a month.Before medication, my RA was so bad I could barely hold a pen or a mug. Then there were times I wasn’t too bad, but it would last only a couple of days, and then the RA would hit me hard and I was crippled for days. Medication has helped some, but my RA is aggressive and certain issues make it hard to treat. Plus I have a knee injury that severally affects my mobility, so much so that I have become basically homebound.Also a spouse cannot claim disability from their partners Social Security. let’s say the disabled person was a stay at home mom and as such has little to no Social Security funds in her name. Now when they retire she can make claims to her spouses social security and that’s normal and acceptable. But if she is disabled she cannot lay claim to her spouse’s Social Security for disability purposes.Even if your disability is painful or leaves you crippled, if you are able to find work, already have a job that is working around your disability, or have job training that allows you to possible get a job that the government believes will allow you to earn enough to live on, they will reject your claim. Social Security used to help with partial disabilities but they stopped that some time ago. Now a person must be declared permanently disabled, though I believe they also allow certain temporary, but full disabilities, not sure though. As long as it is coming from your own Social Security funds.I also read that most claims are rejected outright and that the government wants to see how many claimants are serious enough to appeal. More than half of all who do appeal end up winning their cases. Often people need to see a disability lawyer to help them win and while they don’t pay these lawyers directly, their fees are a percentage of the retroactive disability funds the disabled person ends up receiving. (retroactive payment is from the day you first apply)Unlike what some people believe it is not easy to be accepted as disabled. You often have to jump through hoops to get accepted and even when one is accepted often times the amount of money you get is hard to live on.
How common is it to be denied Social Security Disability Insurance (SSDI) benefits even if the person has a legitimate disability?
It’s very common. And very sad, considering that they’re fighting a sick person over money that will barely keep them alive and won’t keep them above the extreme poverty line, meanwhile, all these good people paid their taxes so that sick people unable to work could take a rest.I have refractory epilepsy. It started when I was 13. Despite the fact that I take my medications as directed and have taken over 3 medications, I still have seizures. It’s rare I go a week without a petit mal or a month without a grand mal.The problem is you have to prove you’re having seizures to Social Security, and you have to prove you’re having as many as you’re saying. Most people with epilepsy would probably rather work. I would rather work. Macdonalds probably pays its cashiers more than disability is saying I don’t deserve.The problem is you can’t necessarily prove how many seizures you’re having you just have to take my word for it, and they denied me because they said I wasn’t taking my medication and so if I was having more seizures it was my own fault.The thing is I was taking my medication. Now it’s true, I hadn’t been to the neurologist in a while. This is because when Illinois Medical Marijuana started up I asked my neurologist about a letter saying I had a qualifying condition—epilepsy. This might have been before it became a big deal that marijuana helps refractory cases, or it might have been after. Anyway they went on and on about how they didn’t think it was a good idea and the hospital doesn’t have a policy and how they wouldn’t. When I tried to argue with them, they through me out of the office. I called them a racist. I might have gone too far, but really, it’s Illinois fault that I asked for marijuana, and the country’s fault that people didn’t want to cooperate, and also the country’s fault that I have solid evidence that the drug laws are racist. I’m not a violent or argumentative person. I had always tried to be respectful before. However, I did argue with the neurologist, and I didn’t know that they could just refuse to treat me. Also they did genuinely anger me and I genuinely thought they were in the wrong. I didn’t yell.So what I did was I found another doctor who would give me the letter to the Medical Marijuana people. He was a primary care doctor but he would prescribe me my meds. I put off getting another neurologist because neurologists tend to always order EEGs and MRIs while not changing your meds, they want to see you constantly, even though they really are doing the same thing as my primary care doctor: renewing my prescriptions to the pills that I’ve been prescribed.This is the truth: neurologists are crooks. There isn’t a cure for epilepsy and there isn’t a treatment that works, so they prescribe a bunch of pills that cost a lot of money, and even get away with prescribing diets and surgeries and implants that can do more harm than good.The neurologist is a crook legal drug dealer when it comes to epilepsy because no one can understand it and by constantly ordering EEGs and MRIs all they’re doing is wasting my time and treating me like a lab experiment. I’m sure they find it intensely fascinating that the spikes on an EEG get way spikier when seizure activity happens, but I don’t care, I hate having all that stuff glued to my head and they’re asking for too much of my time.So it was great to just get these refills and then the marijuana, which has helped my seizures immensely. At least if I’m going to take a drug that’s not going to work, let it be a drug that’s going to get me high. Anyway, marijuana does help. It makes recovering from grand mals easier and I can use it like an inhaler when I’m scared that the seizures will get worse. Was I a victim of false hope or is everyone around me trying to manipulate me to help them because of mass incarceration and the fact that this is actually a race and social justice issue? Oh well, I can deal with that, I guess. I’ll pray to Shiva for the seizures to go away, it’s his favorite plant.But the thing is social security sees me not seeing a neurologist as a sign that I’ve gotten better, which I haven’t. I have refractory epilepsy. So they’re going to fight me about being disabled. Also I’m only 29 and when I’m not having seizures can do all kinds of work, except work that requires driving. I can’t drive.Fighting me about paying me 3 million because you lost a bet I understand. But this is an organization that every worker pays into. That’s our money. I haven’t paid into it, that’s why my dad wants the “disabled adult child” thing so that I get medicare. It’s his money, he worked for the electric company, and he was a good worker. It’s his money that he got because he was a genuine public servant. Everyone loved my dad, although he is sort of a quiet and reserved fellow. And get this, if I ever get married, they get rid of it, and if I ever manage to get a job, they get rid of it. Fighting me about paying a barely livable income to someone with a real disability I don’t understand. You’re fighting me over a measly penny.They expect me to get a job and the employer to put up with grand mal seizures. They only happen once a month, after all, and perhaps those petit mals people will just ignore. The annoying thing is employers always want to call the emergency room about a seizure and I have them too often to want to deal with that. I want to go home and go to bed. I’ll be fine. They expect the employer to have a place where I can lay down. Accommodations for people with special needs, right? Thing is, sometimes when I wake up I have amnesia.This is all made more complicated by the fact that I went on medical marijuana, and employers don’t put up with that. If they do drug tests I will fail. So basically Illinois has made sure I’m stuck in a toilet and am going to die as a result.For now I’m just grateful my dad loves me enough to take care of me and when I mention a job he doesn’t want to hear it. I got to get an appointment with a new neurologist if I ever have a chance of proving to them I have a disability. So I have one coming up and have to hope they won’t freak out once I mention medical pot. The last one I tried to see did, accused me of not wanting to get better, just wanting social security. I didn’t see her again.That is not the case. The thing is, I would rather have lied and weaseled my way until I was an animator at Pixar, Disney, or Dreamworks, just pretended that my health wasn’t on the line. But that didn’t happen because this happened. And they could always see through it eventually and then they’d get mad I didn’t tell them. I wish I didn’t have the grand mals. If I only had the petit mals, I would just lie my ass off and keep working.We don’t live in a society that takes care of the sick. We live in a society that expects everyone to work even if they are genuinely sick. That’s why they fight sick people over a lousy penny. Over nothing. Over scraps. And then the republicans go on stage and call the sick lazy people who don’t deserve it.Maybe this is all my fault. Maybe I’m a genuine problem child. A sociopath. Or maybe not. I mean, it isn’t about whether or not the neurologist thinks the medical pot is a good idea it’s whether or not I do and I thought it would help. All I’m asking for is proof that I have the condition from someone, if they don’t know how the program works, they can figure it out, isn’t that their job. Doctor’s on a power trip because for over ten years I’ve done exactly everything they’ve told me to do and never questioned it, at least not to them. Refusing to do their job is what the neurologist did.