Tuesday, May 20, 2008

How will a Social Security Doctor determine my illness better than my own doctors?

Someone made this statement recently in a forum. "I don't see how the social security doctor will determine my illness better than the psychiatrist I've gone to for two years.

Guess what? This individual is completely right. In fact, claimants are generally sent to a social security doctor (in actuality, these are private practice physicians, psychiatrists, and psychologists who are paid to perform consultative exams (CE) for social security; in other words, they don't work for social security) for three reasons.

1. To obtain recent medical record documentation if you haven't been seen for your condition in some time (usually more than 60 days). This can take the form of a physical CE or a mental CE that can either be a mental status exam, an IQ test, a memory scale, or a full psychiatric exam.

2. To obtain special testing. You could be sent out for xrays if you've had a bone break, or to spirometry (breathing test) if you have respiratory problems, or to audiometry if you have hearing loss, etc, etc.

3. You could be sent to mental testing even if you did not allege a mental condition on your disability application but there was some indication of this in your file (believe it or not, even if your family doctor who treats you for back problems writes the word "depression" one time in your file).

None of these purposes, however, has anything to do with rendering a final disability determination on your case. The consultative examiner simply examines you, or performs his or her testing, and later submits a CE report to the disability examiner (disability examiners are the individuals who make decisions on disability applications and reconsideration appeals while disability hearing decisons are made by federal judges).

How much weight does the CE report carry? My own estimation is "not a lot". As a disability examiner, I saw a very small percentage of claims that were approved on the basis of CE exam reports.

What then, you may ask, is the purpose of even going to such an exam? Truthfully, most of these exams are scheduled for just one reason. So the disability examiner can say "Yes, I have recent medical documentation" and then close the case.

So, the lesson to be learned here if there is one, is this: when you file for disability, don't assume that if you haven't been going to a doctor that you can be approved simply by going to a social security medical exam. It could happen. But its more likely that, without a record of receiving treatment from your own doctors, your chances of winning disability benefits will be slim.





Additional information on Social Security Disability at www.disabilitysecrets.com

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Monday, May 19, 2008

Social Security Disability is not Welfare

I seldom reference other articles on social security disability if it is not apparent to me that the writer actually knows what they're talking about (good sources of information may include disability lawyers, disability examiners, social security claims reps, and non-attorney advocates, some of whom are former examiners and claims reps).

However, in this case, I'll make an exception. This particular writer of the article linked below makes an opening statement that I really have trouble with. Let me just say it: Social Security Disability is not welfare. Not in any way shape or form is that true. SSDI is a form of insurance and you pay for it via the FICA deductions that are taken out of your paycheck, or that you pay through self-employment. The acronym itself stands for social security disability insurance.

Some people make the argument "Well, its not really insurance since you don't have any choice as to whether you pay it".

Guess what? You don't have a choice as to whether or not you pay car insurance either. And its still insurance.

Social Security Disability is not welfare, but, rather, a benefit to which you are entitled if you become disabled as a result of an illness or injury, or progressive condition. An individual's state of disability can result from a single impairment, or disability may be from several impairments and may be physical or mental in nature.

For Social Security Disability purposes, a state of disability must last for at least one full year (or be projected to last that long, meaning you don't actually have to wait a year before you file for disability). It must also be disabling in the sense that it prevents you from earning a monthly amount known as SGA (see substantial gainful activity) while you perform A) either your past work or B) some form of other work that would be suitable based on your age, education, skills, and rated limitations.

So, why am I focusing on the statement written by the writer of the article below? Because I've said it many times here before. You need to be careful about where you get your information. The mere fact that "Jinky" calls social security disability welfare is a big red flag.


Jinky calls Social Security Disability Welfare

Another article by "Jinky" - read this one and ask yourself if Jinky is really a good source of information or just a paid marketer set in motion by some lawfirm: Jinky the paid marketing writer

To find more of Jinky's great writing, go to google and type in the following: jinky social security disability





Additional information on Social Security Disability at www.disabilitysecrets.com

Return to the homepage for the Social Security Disability SSI Blog






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Can you Say the Wrong thing at a Social Security Disability CE examination?

Someone wrote this in a forum recently (I'm paraphrasing) : "I have a CE exam for my SS disability claim that was filed on the basis of bipolar. I am worried that I might say the wrong thing, or not say the right thing, or not be taken seriously. This begs the question. Can you say the wrong thing during a CE exam?

My answer to that--and, mind you, this is just my own answer and opinion based on my subjective experience of having been a disability examiner--is no. You really can't say the wrong thing at a physical CE (consultative exam, otherwise known as a social security disability medical exam). And to be honest, the examining physical isn't really that interested in talking to you, versus examining you so he can submit his CE report. On the other hand, if you feel discomfort or pain, or have difficulty with range of motion in a joint, or have trouble getting onto the examining table, you shouldn't minimize this either.

Let me elaborate. The last thing you want to do at a physical consultative exam is exaggerate your condition by going on and on about it. Why? Some of the doctors who perform CEs for social security have a negative bias against disability claimants (which brings up the question, why the heck are they doing these exams anyway? Answer: easy money). And appearing as if you're trying to embellish the effects of your condition may only activate the examining physician's built-in bias.

However, by the same token, you shouldn't try to hide your pain or discomfort or appear as if you don't have limitations. You may ask yourself, what individual who is filing for disability would try to minimize their problems when they are being seen at a medical exam? It happens all the time. And it seems to happen on the part of older individuals who, perhaps, are a little embarrassed to be applying for disability. However, applying for disability is not something anyone should feel embarrassed about. The truth is, social security disability benefits are not a handout. They are benefits provided by insurance, insurance that you pay for through your FICA deductions.

So, back to the question, the answer is:

1. Don't embellish your condition when speaking to a doctor at an exam.

2. Don't hide your pain or discomfort or limitations either.

3. Just answer the doctor's questions honestly and fully.

Now, in this post we've discussed physical social security exams. Question: can you say the wrong thing at a social security disability mental exam? And the answer to that question is in a near-future post.





Additional information on Social Security Disability at www.disabilitysecrets.com

Return to the homepage for the Social Security Disability SSI Blog














Past Posts

How do you apply for Disability ?
What happens after you apply for Social Security Disability or SSI?
How does Social Security decide Disability cases?
How long does it take to get a decision on a Disability case?
Why does it take so long to get a decision on a Disability case?
What if you get denied for Social Security Disability or SSI?
How do you file a Disability appeal?
Social Security Disability and Medical Evidence
Correct Steps for Filing a Social Security Disability Claim
Filing for Disability - Doctors and Documentation
Will I get disability with Bipolar Disorder ?
Mental Testing When You Apply for Disability for Depression
The chances of winning Disability on an appeal?
How bad should my condition be before I file for disability ?
How does Social Security decide if I am Disabled ?
How long does it take to get a hearing for disability ?
What are the chances of winning at a disability hearing ?
Approval Criteria for Disability
Conditions that Social Security will recognize as a disability
Disability Determination
Social Security Disability Requirements
Denial of Disability, Pain, and Medical Records
The criteria for social security disability and ssi
How can you improve your chances of winning disability ?
SSI Disability
File for disability as soon as possible
For what medical conditions can you be approved for disability ?
Qualifying for Disability - How difficult ?
What Does Social Security Consider To Be a Disability?
How to Qualify for Disability - social security disability or SSI
Social Security Disability Claims and Disability Lawyers
Applying for Disability with Depression
Filing for Disability with Fibromyalgia
Social Security Disability Qualifications
Fibromyalgia and Disability Judge Perceptions
Denied for Social Security Disability
The Second Social Security Disability Appeal
Do you have to be totally permanently disabled to get disability ?
Social Security Disability Backpay, SSI back pay
Social Security Disability SSI status
Social Security Disability System
Who is eligible for Social Security Disability or SSI?
Disability and other work
Applying for Disability Based on MS, Multiple Sclerosis
Tips for Filling out a Social Security Disability Application
How Do You Get Approved for Disability with Social Security?
SSI Reconsideration easier than an SSD Reconsideration?
What does social security mean when they say you can return to your past work?
Social Security Disability, Medical Records and a Disability Attorney
Denied the second time for Social Security Disability
How many Social Security Disability and SSI cases get denied?
Appeals for Social Security Disability
SSI Benefits
Social Security Disability Appeal
Social Security Back Pay
Application for Disability
Disability Denied
How to get disability
Disability Requirements
Social Security Disability Benefits
Application for Disability
Disability Appeals
Total Disability and social security disability
Social Security Disability Attorney Fees
Qualify for Social Security Disability
How Does Social Security Decide Your Disability Claim ?
What to Expect at a Social Security Disability Medical Exam
Social Security Disability Denied - Why did this Happen?
How to get SSI
Social Security Disability Status on a Case
When should you file for Disability Benefits
Social Security Disability Questions
Getting Disability Benefits
Social Security Disability Claim Advice
How to get approved for SSI disability
Can I win my disability case ?
Social Security Disability and the right doctor to win?
Social Security Disability Applications
Medically Disabled for Social Security Versus the Definition of Disability
Social Security Disability List of Impairments
Can I improve my chances of winning disability ?
If I get approved for disability will I get back pay ?
The social security disability process for disability claims
Disability Claim denied
Disability Applications
How do I Apply for Disability Benefits ?
How to get Approved for Disability - Information on claims
Appealing a Denied Disability Claim
What to do after a Disability Claim is Denied
Disability Lawyers and Finding YOUR Disability Lawyer
SSI Claim for Disability benefits
Questions about Disability benefits
Social Security Disability Frequently Asked Questions and tips
More Frequently Asked Questions about Social Security Disability and SSI
Questions about applying for disability - Advice and Tips
Questions about Social Security disability SSI plus advice tips
The list of lists Social Security Disability SSI Tips Advice
Questions about SSD Social Security Disability FAQ
Social Security Disability Mistakes
Social Security Disability and Medical Conditions









Recent Denial Rates for Disability Applications

California - In California, 55.5 percent are denied.
Texas - In Texas, 61.5 percent are denied.
Pennsylvania - In pennsylvania 55.1 percent are denied.
Wisconsin - 62.6 percent denied.
Washington - 58.9 percent denied.
Virginia - 61.6 percent denied.
Massachusetts - 54.7 percent denied.
Maryland - 66 percent denied.
Michigan- 64.1 percent denied.
Minnesota - 57.6 percent denied.
Mississippi - 72.8 percent denied.
Missouri - 66.8 percent denied.
Nevada - 50.4 percent.
New Jersey - 50 percent.
New Mexico - 59.6 percent.
New York - 61.9 percent.
North Carolina - 67.2 percent.
Ohio - 71.1 percent.
Oklahoma - 66.1 percent.
Oregon - 66.3 percent.
Arizona - 53.4 percent.
Arkansas - 63.2 percent.
Colorado - 73.7 percent.
Florida - 64.9 percent.
Georgia - 71.8 percent.
Illinois - 61.2 percent.
Indiana - 67.8 percent.
Kansas - 67.3 percent.
Kentucky - 67.7 percent.
Louisiana - 68.8 percent.
Tennessee - 74.3 percent.
Alabama - 70.6 percent.
Connecticut - 62.2 percent.
Utah - 69.8 percent.





















Note: This blog is not intended as medical advice or legal advice, should not be construed as such, and does not establish a representative-client relationship.