Another Reason You May Be Denied Your Social Security Disability Benefits
Most people who are turned down for Social Security Disability Benefits cannot believe that they were turned down when they applied for benefits. They do not realize that in Indiana approximately 65% will be turned down when they first apply. They just cannot believe the SSA would get such an important decision wrong.
When you apply for disability, your claim is sent to a state agency that SSA hires to made the medical determination of whether you are disabled. In many states this is called the Disability Determination Service, DDS, while in Indiana the current name is the Disability Determination Bureau, DDB. It is these State workers that decide your claim.
The National Association of Disability Examiners, NADE, describes itself as:
a professional association whose purpose is to promote the art and science of disability evaluation. The majority of our members work in the state Disability Determination Service (DDS) agencies where 15,000+ employees adjudicate claims for Social Security and/or Supplemental Security Income (SSI) disability benefits. As such, our members constitute the “front lines” of disability evaluation.
A recent issue of The NADE Advocate, Volume 26, Number 1, provides insight into why SSA may make the wrong decision in your case.
The growing complexity of the Social Security and SSI Disability Programs, coupled with the need to produce a huge volume of work, justifies even more the need for adequate resources in order to provide the service that the American public has come to expect and deserve from SSA. It takes an average of two years for a newly hired disability examiner to become fully trained and proficient to the point they can function independently and contribute to the process of making timely and accurate disability decisions. Thus, decisions not to replace productive personnel when they leave can take two or more years to correct even after new hires are made. NADE has long maintained that it is critical for SSA to be provided with the resources needed to hire and train new staff that can perform these duties. Low salaries, hiring restrictions and the stress of the job have contributed to high attrition (12.3%) in the DDSs. (Emphasis added)
Constantly having to replace 12.3% of the workforce and it taking two years before they can function independently, plus the stress of the job to get the work out fast, combined with low pay, may be a reason that DDB makes the wrong decision so many times.
The important point for you is that you should not be discouraged when your claim is turned down at the initial or reconsideration stages. With approximately 65% turned down on initial application and approximately 93% turned down at Reconsideration, you should take the steps necessary to increase your odds of winning. You will need an experienced attorney in Social Security claims to help you increase your odds in what NADE calls a “growing complexity of the Social Security and SSI Disability Programs.”
Unlike many attorneys, I will begin to help you with your case before your file your claim. Read When Should I Hire An Attorney For My Disability Case? for my reasons why. What are you doing to increase your odds of winning?
Social Security Disability and Computer Usage
There are rumors that an administrative law judge stated in a seminar that he went on line and researched to see if the claimant had job applications pending during the claim. The speculation is that the ALJ is using on-line research skills to see if current resumes are being posted by the claimants. Why would this be important to the ALJ?
When you apply for Social Security Disability, you are stating that you cannot do an 8 hour a day job 5 days a week. If you have posted your resume seeking work, some might conclude that you really think you can work. The old adage “you cannot have your cake and eat it too” comes to mind. Some will conclude that you really are not disabled and you are only using the Social Security Disability system to provide you a means of support while you are looking for work. After all, if you cannot work, why would you be posting your resume seeking work?
Perhaps you posted a resume on line shortly before you became disabled. Have you forgotten about it? Did you remember to remove it from the site when you became unable to work? Even if you did, can it still be retrieved from the web?
Much has also been made in the news media about potential employers looking at social media sites such as Facebook and MySpace to see what they can learn. If someone might research you, what might they learn about you at these sites? If you participate in an online chat group, how might your comments be misconstrued? Also, if you are posting all the time, what might that say about your computer skills and your ability to concentrate? Do not assume that the postings are private because it is a disease support group web site. Who knows, your ALJ may actually belong to the support group and be reading about you.
There used to be an ALJ in Indianapolis that would state that he got on the SSA system the day before the hearing and personally ran the earnings records to see what it showed. He would then ask the claimant pointed questions about the latest findings. You need to be prepared to answer the ALJ’s questions about what the internet reveals about you. You may hear the ALJ begin a question with “I see on the web that…..”
ICLEF asks Tom S. Ebbinghouse to Teach Lawyers about Social Security Disability
The Indiana Continuing Legal Education Forum (ICLEF) has asked that I speak at the “Entitlements Planning” seminar on December 17th. I will be teaching other lawyers about Social Security Disability. The purpose of ICLEF is to advance and promote the administration of justice and understanding of the law through the institution, supervision, implementation, coordination and administration of a program of continuing legal education for the use and benefit of members of the legal profession. The directors of the Indiana Bar Foundation, which is associated with the Indiana State Bar Association, incorporated ICLEF as in independent non-profit corporation in 1964. The Co-sponsors are the Indiana Bar Foundation, the Indiana State Bar Association, the Indiana University School of Law, Notre Dame Law School and Valparaiso University School of Law. You can read the list of seminars that I have Chaired and/or made a presentation to teach lawyers about Social Security Disability here.
Most People Still Turned Down on Initial Social Security Disability Benefits Application in Indiana
The report for Fiscal Year 2008 is out on the Initial and Reconsideration denial rates for Indiana. 63.8% of the Initial Applications for disability benefits were denied and at the Reconsideration level 93.2% were denied. These levels have not changed much since last year.
Most people tell me that they have heard that ‘everyone gets turned down twice,’ but they always think it will not happen to them. With odds like these, year after year, you have to know the rules . You need to know when to hire an attorney to represent you.
Star Trek and Social Security Disability In Indianapolis
The new Star Trek movie is out. As I have not seen it yet, I can not tell you what you can learn about Social Security Disability hearings in Indianapolis from the new movie. I did learn a great deal about Social Security Disability hearings from the original TV show. Click here to find out what you can learn about Social Security Disability hearings from the original Star Trek.
Social Security Disability and Third Party Verification
You only get paid benefits if you can prove that it is your medical impairment that prevents you from working. Many times people pursuing their Social Security Disability Benefits forget that Social Security wants to verify everything from a third party that Social Security considers reliable. They do not remember that if it is not verifiable by a third party that SSA considers reliable, then the fact does not exist. The third party that can verify your medical impairments and how they are affecting you on a particular day is your doctor.
Just because your doctor told you six months ago that there was nothing more the doctor could do for you – this is as good as it gets – does not mean that you can stop going to the doctor. If you do not have medical records (that third party verification) for those six months, the judge can say that there is no proof that your medical condition did not improve during that time or that it stayed the same, therefore you have not proved that your medical condition prevented you from working those six months. This could result in a complete loss of benefits. If you have seen the doctor in that time, then the medical records can document that you did not improve. Also, the doctor may document some facts that the doctor did not previously document. These facts may be what convince the judge that you can not work.
Another problem is that most doctors do not put in their medical records that they told you that this is as good as it gets. When you tell the judge that is what the doctor says, there is no way to verify this in the medical records. In preparing your case to win, you must assume that without third party verification of what you say that the judge will not believe you. Otherwise you are gambling that maybe you will be lucky and the judge will believe you. Why would you want to gamble on winning when you can continue to see the doctor and generate the third party evidence (medical records) that will show what your medical condition was?
“The Rest of The Story” Man Dies
Stand by for news!
A new client informed me that Paul Harvey had died. Why was I talking to my new client about Paul Harvey when we were discussing her disability case? I knew that if she had heard radio legend Paul Harvey’s show, The Rest of the Story, she could learn and understand an important lesson about her disability case. Like so many others, she was not telling The Rest of the Story.
Paul Harvey’s radio show always had a spot he called “The Rest of the Story”. Paul always had an interesting story that he would begin to tell. He would let you know how the story would end and give you some facts up to the commercial. When you heard the facts that he told you up to the commercial, the story did not make any sense because you just could not understand how given those facts there could be the end he had told you about. In fact, many times, I thought it was impossible!
Once Paul came back from the commercial, he would tell you The Rest of the Story. Paul would add one or two more facts, and the story would fall into place. Suddenly, the impossible ending was not only possible, it was required!
Based upon what my client had told me, I knew that she had left out some very important facts out of her disability story. I started talking to her about Paul Harvey’s radio show. I told her she had only gotten up to the commercial. I told her that her disability story did not make sense. She needed to tell The Rest of the Story. Once I pointed out to her the facts she had left out, she began to realize how she was not bothering to tell very important facts. She understood that she needed to tell The Rest of the Story.
Many people who have been turned down for disability do not realize that they are not telling The Rest of the Story. Paul Harvey’s radio program has been a valuable tool to help them understand how they can tell the truth, whole truth, and nothing but the truth by telling The Rest of the Story.
Paul Harvey will be missed.
Most People Turned Down on Initial Social Security Disability Application
According to Social Security Office of Disability Programs, for Fiscal Year 2007, in Indiana 67.5% of all applications for disability benefits were denied at the Initial Level. At the Reconsideration level, 93.8% are denied.
I try to warn clients that most claims are denied at these levels because everyone thinks the ‘other guy who really does not deserve it will be denied, but I will not.’ These statistics prove that most people should be prepared to be turned down and should be prepared to go to hearing. They should not go it alone thinking they have a good change to win without someone who knows the rules . They need to know when to hire an attorney to represent them.
