Saturday, December 3, 2011

Social Security Retiree's Blog-Part 2

Be advised that I, the author is not rendering any professional or legal advice nor am I representing any government agency. Please visit or call your local Social Security office for current Social Security information concerning benefits, credits and other government information. This blog concerns my firsthand knowledge and training and should be used for information only. If legal advice or guidance is needed, please consult with a professional legal agency.

The qualifications for Social Security disability are: (1) You have a disability that is expected to last for 12 months and/or (2) expect the disability to result in death.  However, anyone can file for disability. The filing disability criteria are the same for SSI and SSDI. There are other programs like surviving spouse, surviving dependents that are part of the SS program. I will focus only on Disability programs in this blog.

The filing process for disability can be long and requires patient. Here are the steps for filing for disability.  One must first file an initial claim, if the claim is denied, and then one must go through the disability appeals process. Before you file an appeal, make sure you are appealing the right program. Claims Representative usually takes two initial claims, one for SSI and the other one for SSDI.  When you get a letter of denial, immediately take your denial letter to the local Social Security office and they will explain why you were denied.  Then proceed through the appeals process.

They are: (1) file for a reconsideration. If denied, (2) file for a hearing with the Administrative Law Judge if denied again, (3) that decision can be appealed to Social Security's Appeals Council.  (4)If the claimant disagrees with the Appeals Council's decision, he can appeal the case in the federal district court for his/her jurisdiction. (5) Most federal court cases, an unfavorable district court decision can be appealed to the appropriate United States Court of Appeals, and (6) an unfavorable appellate court decision can be appealed to the United States Supreme Court.

When a claimant files for a new claim, he/she can go to the local Social Security Office, or request a telephone appointment or file on the internet.  Prior to filing for disability, try to have all your medical records readily available. The process for the initial claim takes about six (6) months.

It has been my experience that quite a few people have been denied for lack of medical information. Either you don’t provide medical information or the doctors listed on the disability application fail to provide requested information. If Social Security doesn’t have enough information to make a determination, they will send you to a doctor for evaluation.

However, the doctor they may send you to may not have the expertise to properly evaluate you. For instance, I had a claimant who had a severe back injury but he was sent to see a psychiatrist. His complaint was that the doctor merely asked him some questions and sent him home. Based on that doctor’s recommendations he was found not disabled.  I have had many claimants say similar things. So beware and make sure you have the proper medical support for your case!

If your initial claim is denied, you must file for reconsideration.  Do not file for a new claim. One wants to go through the appeal process because you can get disability back pay to the first day you filed your claim if you win the case (this is called your onset date).  It is wise to seek the services of a trained Disability Law agency at this point.  One does not have to pay out of pocket for their services because the fee is paid out of your back pay. My experience shows that you should not get a disability free service because the representation is very poor.

In conclusion, Many claims are denied because of lack of medical records. Medical records are very important.  My experiences show that many claims are denied because (1) The claimant does not provide medical information to support their claim, (2) The doctors  named on the claim does not send in the proper medical records to Social Security or none at all and (3) Some  Social Security doctors are not qualified to determine your disability.

Friday, November 25, 2011

Social Security Retiree Viewpoint

This blog is to discuss some of my work  experiences as a retiree from Social Security Administration as well as my personal experiences with The Social Security Administration.
My name is Marvin J. I was hired by the Social Security Administration in February 2005.  I retired from Social Security in April 2011.

Be advised that I,the author is not is not rendering any professional or legal advice nor am I representing any government agency.   Please visit or call your local Social Security office for current Social Security information concerning benefits ,credits  and other governmant information.  This blog concerns my firsthand knowledge and training and should be used for information only. If legal advice or guidance is needed, please consult with a professional legal agency.

Why do I want to write a blog on Social Security?  To help you better understand how Social Security works from an insider’s viewpoint.  Also I will be discussing the pros and cons that I encountered working for Social Security.

When I worked for Social Security,  I was an SSI Claims Representative.  I was responsible (among my many other duties) for processing all initial disability claims to include SSI AND SSDI (also called OASDI).

Social Security language is full acronyms. So before I go any further, allow me to explain what the acronyms mean.

First, we will start with SSI benefits.  SSI stands for Supplemental Security Income (I have no idea why it is called that). It is also called Title 16.  It is a program that is based on need (similar to welfare).  What happens in this program is that you (the person applying for benefits) will be asked a series of questions to determine if your income or resources (things you own) are within SSI guidelines to qualify you for the claims process before the claim for disability is taken.  If your Income or things you own (resources) exceed SSI limits, then your claim is denied at the intake process.  If your income/resource is with the SSI guidelines, then your SSI claim for disability will be taken. That is how SSI works in a nutshell.

Next, we have SSDI (Social Security Disability) which is also OASDI (Federal Old-Age (Retirement), Survivors, and Disability Insurance). This is also known as Title ll.

It simply means that when one was working, FICA (Federal Insurance Contributions Act tax) were regularly deducted from your paycheck and this money  was put into Federal Trust funds that are supposed to benefit you when you retired, become disabled, or died with a surviving dependents like a spouse or children. 

It is very important to understand the difference between the two programs.  SSI= ( Similar to welfare), OASDI=(You worked and contributed).

Once you understand this simple process then you are ready to move on to the next step. You may want to read this  blog again to get the full understanding. I update this blog regularly.