Deciding if you want to Represent Yourself for Your Social Security Disability Appeal Case: Part 4

Judge, how long will it take to get a written decision in the mail? I do not know, just go home and watch out for the mailman.

Judge, how long will it take to get a written decision in the mail? I do not know, just go home and watch out for the mailman.

Please keep this in mind provide Social Security Administration with as much relevant medical evidence documents as possible.

How to Prepare for a Disability Hearing:  Some disability claims are approved at the hearing level.  A hearing is carried out in front of an Administrative Law Judge (ALJ) who will review the medical evidence you submitted, and listen to your disability argument.

The Administrative Law Judge will question you about your medical condition and may be asked to clarify the questions about your medical records.  At the hearing, there will be a vocational expert (VE) at the hearing.  A vocational expert is a person who is experienced to give him or her opinion about the types of job you can or cannot work due to your physical and mental limitations.  The Administrative Law Judge will take the vocational expert opinion on whether you are unable or able to work.

At the hearing, you must be ready to explain any inconsistencies you may have in your medical records.  Also, you must be prepared to cross-examine the vocational expert if he or she testifies you are able to work.

The Appeals Council and Federal Appeals:  If the Administrative Law Judge denies your claim by mistake, then you can request the Appeals Council (AC) to review the judge decision, however, the Appeal Council is not required to review the decision if they  think it is not necessary.  If the Appeal Council denied your claim or refuse to review the Administrative Law Judge decision then you can appeal your case to the federal district court.  Unfortunately the Social Security Administration will not help you with the federal appeal, however, please follow all of the court rules carefully, if you do not then your complaint will be dismissed.  This is where it make sense to hire a disability attorney for the Appeal Council or federal court hearing.

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Who is actually unfit to work? Disability is on the rise in America: Part 6

Is too much standing and sitting on the job is bad for you?

Is too much standing and sitting on the job is bad for you?

Is too much standing on the job is bad for you?  Working and standing long periods of time at work can lead to muscle problems and back pain.  Is too much sitting on the job bad for you?  Researchers at the Mayo Clinic have found sitting too long with health problems that includes cholesterol levels, excess body fat around the waist and abnormal, high blood sugar, a cluster of conditions that includes increased blood pressures, obesity, and metabolic syndrome.  Also, sitting too much can increase the danger of death from cancer and death from cardiovascular disease.

After Scott’s father had a heart attack, he went back to work at the mill.  Scott said if there was a mill for him to go back to work in, then he would have gone back too.  But there was not a mill for Scott to go back to, so he is on Social Security Disability.  It was not just Scott, but a lot of the mill guys took the same path, one man who shattered the bones in his ankle and leg, another man with diabetes, another man with a heart attack, and a man with diabetes.  After the mill shut down these guys went on Social Security Disability too.

Chana Joffe-Walt said he does not know what the rogue staffer meant when he informed Scott Birdsall they are trying to hide those mill guys.  However, signing up for Social Security Disability Benefits is a great way to stay hidden in one way, and people who are on Social Security Disability are not counted in the unemployment rate in their state or the national unemployment rate.

That is a terrible secret of the American labor market, David Author, an economist at Massachusetts Institute of Technology (MIT), told Chana Joffe-Walt.  David said the reason the unemployment rates have been low until now a lot of people who had trouble finding jobs are now on different programs such as Social Security Disability.

This is part of the reason why a number of people are on Social Security Disability because it is a fact that the workforce is getting older, and older people seemed to have more health problems.

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Who is actually unfit to work? Disability is on the rise in America: Part 5

Did you know job stress can contribute to health problems such as depression, heart disease, and fray nerves? Unfortunately, job strain can cause both emotional health and physical risks. However, finding the source of your stress is very important to start fighting it, but it is easy said than done. Experts found identified certain work situations are likely to make your blood boil. Also, now you have decided if this job worth physical and emotional health at risk is worth stating with your current employer.

Did you know job stress can contribute to health problems such as depression, heart disease, and fray nerves? Unfortunately, job strain can cause both emotional health and physical risks. However, finding the source of your stress is very important to start fighting it, but it is easy said than done. Experts found identified certain work situations are likely to make your blood boil. Also, now you have decided if this job worth physical and emotional health at risk is worth stating with your current employer.

Chana Joffe-Walt was working as a local reporter in Seattle, Washington four years ago, and did a story on workers in a dead mill in Aberdeen, Washington to preserve the memory era when you graduated from high school you can get a job at the mill to live a good life. That was very good ending of the story.

Chana Joffe-Walt said after he got interested in Social Security Disability, he wanted to an inquiry about the guys to see what is going on with them after the mill closed.  A guy name Scott Birdsall went to several meetings where he learned about educational opportunities and retraining programs.  Scott said at one meeting, a staff member pulled him a side and said: “Scott, I am going, to be honest with you, there is no one is going to hire you and we are just hiding you guys.”  The staff member’s advice to Scott was blunt, then the staff member said I know it sucks when all of your unemployment benefits is gone and then you are out there alone in this world.

Scott who was 56 years old at the time said this is the most real thing anyone ever said to him in a while.  The staff member said there was a lot of jobs that you could get with just a high school diploma and was getting paid enough to be middle class in our society.  Scott knew it has been disappearing for decades.  What really surprised Scott was it was happening to so many people who lost their jobs and going on Social Security Disability?

However, Scott tried going to school for a while, but he did not like it.  Until he took the advice of a rogue staffer who told him to take advantage of all the benefits he could of the system.  Unfortunately, Scott suffered a heart attack after the mill closed and thought since he had a bypass surgery then maybe he can get on Social Security Disability that way he will not have to worry about this stuff anymore.  It worked because Scott is now on Social Security disability.

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Who is actually unfit to work? Disability is on the rise in America: Part 4

Having anxiety and depression disorder can be challenging to work. It can have a major impact on your and in the workplace. A lot of people turn down job opportunities because they cannot be around others, travel, public speaking, do not attend office parties nor lunches, meet with colleagues or unable to cope. Also, a lot of people are unable to work to back pain. They have trouble walking, standing, bending, sitting, lifting, and etc. that causes them unable to work.

Having anxiety and depression disorder can be challenging to work. It can have a major impact on your and in the workplace. A lot of people turn down job opportunities because they cannot be around others, travel, public speaking, do not attend office parties nor lunches, meet with colleagues or unable to cope. Also, a lot of people are unable to work to back pain. They have trouble walking, standing, bending, sitting, lifting, and etc. that causes them unable to work.

This is how Dr. Timberlake make a judgement call if you have a back problem and a college degree then you are not disabled. Without a college degree then you are disabled.

Dr. Timberlake said he has listened to a story about back pain means they can no longer work or a shoulder injury cause them to be out of a job over and over again. Then he would ask them can you get a job that does not require lifting things on a job where you do not have to use your shoulder and sit down to work? After Dr. Timberlake said his patients would look at him like he was asking them to consider becoming an astronaut.

Dr. Timberlake met a woman name Ethel Thomas who is on Social Security Disability for back pain caused by after working many years at a fish plant then working as a nurse’s aide. Then he asked her what is your dream job, and she responded working at the Social Security Office to weed out the cheaters through the disability applications process. But that was not the case because she wanted the job because it is the only job that would allow her to sit all day.

Dr. Timberlake found it hard to believe, but then he started looking around the town and there was a fish plant, truck repair shop, and three McDonald’s. Dr. Timberlake looked at a list of job openings for three McDonald’s, KFC, Registered Nurse, Occupational Therapist, and Truck Driver (heavy lifting) in Hale County, Alabama.

Dr. Timberlake, personally he thinks it may be impossible for Ethel to get a job that would accommodate her back pain.

Here is a story people hear about all the time these days that does not have anything to do with a disability is Local Mill Shuts Down or a Factory closed.

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Who is actually unfit to work Due to Back Pain? Disability is on the rise in America: Part 3

Many Americans have anxiety disorder suffer from irritability, numerousness, concentrating, and problems with sleeping that cause you unable to work Also, depression symptoms are Persistent physical symptoms that do not respond to treatment, such as headaches, digestive disorders and pain for which no other cause can be diagnosed, Persistent sad, anxious or "empty" mood, Restlessness, irritability, Feelings of hopelessness, pessimism, Thoughts of death or suicide, suicide attempts, Feelings of guilt, worthlessness, helplessness, Low appetite and weight loss or overeating and weight gain, Insomnia, early-morning awakening, or oversleeping, Loss of interest or pleasure in hobbies and activities, including sex, Decreased energy, fatigue, feeling "slowed down, and Difficulty concentrating, remembering, making decisions that may cause you unable to work.

Many Americans have anxiety disorder suffer from irritability, numerousness, concentrating, and problems with sleeping that cause you unable to work Also, depression symptoms are Persistent physical symptoms that do not respond to treatment, such as headaches, digestive disorders and pain for which no other cause can be diagnosed, Persistent sad, anxious or “empty” mood, Restlessness, irritability, Feelings of hopelessness, pessimism, Thoughts of death or suicide, suicide attempts, Feelings of guilt, worthlessness, helplessness, Low appetite and weight loss or overeating and weight gain, Insomnia, early-morning awakening, or oversleeping, Loss of interest or pleasure in hobbies and activities, including sex, Decreased energy, fatigue, feeling “slowed down, and Difficulty concentrating, remembering, making decisions that may cause you unable to work.

in Hale County, Alabam who told him their back pain keep them up at night which made it hard for them to stand up on the job.  The women informed him they really cried to try to work and one woman said it was too painful to go to work every day

Chana Joffe-Walt said it does not appear the woman was faking the pain, but it is confusing.  For example, Chana Joffe-Walt suffer from back pain and his editor suffer from a herniated disc but he works harder than anyone else.  On the other hand, perhaps millions of people who suffer from asthma and diabetes who work every day.  Who decide if you have back pain then that makes you disabled?

All the federal government is concerned about is if you are disabled with a medical condition makes it impossible for you to work.  The judgment call are made in doctors’ offices and courtrooms around the county.  Many health problems are mental illness and back pain are the fastest growing and causes off disability.

There was one guy in Hale County, Alabama every story were about becoming disabled: Dr. Perry Timberlake, Chana Joffe-Walt started thinking the reason why so many people in Hale County are on Social Security Disability.  Chana Joffe-Walt thinks there is some kind of disability scam, referring tons of people in the Social Security Disability program.

Chana Joffe-Walt was sitting in the clinic waiting room several mornings in a row, and that’s when he met Dr. Timberlake and discover there is nothing wrong about him.  Dr. Timberlake is practicing in a very poor place and people come into his office and complained about their pain.

Now that we have talk about pain and what it is like, Dr. Timberlake always ask his patients what grade did they finished?  Dr. Timberlake said asking patients what grade did they finish is not a medically questions to ask.  However, Dr. Timberlake said the education questions is very important information in disability cases because people who only have a high school education most likely cannot get a sit-down job.

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Social Security Benefits for Adult Children with Severe Disabilities: Part 3

New invention for disabled people can sit and ride a bike with someone else paddling. The invention need to go on the market as soon as possible so disabled people can have a life outside the house.

New invention for disabled people can sit and ride a bike with someone else paddling. The invention need to go on the market as soon as possible so disabled people can have a life outside the house.

Income Resources:  In order to be eligible for Supplemental Security Income your child’s things they own and resources cannot exceed over $2,000.00.  Things like land, cash, bonds and stocks etc., or any money use to buy for his or her food and shelter.  If your adult child lives in the same home as you, it will not be counted against him or her as a resource.

How much can my adult child get from SSI?

Your adult child will receive $733.00 per month if approved and some states will provide an additional supplemental to SSI recipients.  However, if your child has an income that benefit amount will be different between countable income and the Federal benefit rate (FBR).  Below is an example.

For Example

Jane Doe is a 34 year-old woman who suffered a really bad stroke that left her badly disabled when she was at the age of 22.  Jane Doe lives with her parents who provide food and medical bills that are not covered by their healthcare insurance companyUnfortunately, Jane does not receive cash payments from her parents, and SSA will consider the value of shelter and food that is given to her as in-kind income.  However, SSA will rule in-kind income will be reduced to the maximum SSI benefit amount that a person will be entitled to 1/3 if you adult child is living with you or someone else and not contributing financially for shelter and foodIf Jane does not have another income for money to pay towards her medical bills will not be counted.  Jane federal monthly benefit income will be $496.34 after $236.66 subtract from $733.00.  Jane live in the state of Washington, that will provide $46.00 state supplement to Supplement Security Income recipients who live with someone else household beside their parents’ house, then Jane will receive a total SSI payment of $542.34 ($496.34 plus $46.00. 

Where does my child apply for benefits?

Your adult child can start an application online on the SSA’s websiteHowever, your adult child can be eligible for SSDI depends on his or her own work record Also, you can make an appointment with your local Social Security office to see if your adult child will be eligible for Social Security Disability or Supplemental Security Disability to see which one to apply for.  Please call your SSA at 1-800-772-1213 to find your local Social Security Office or you can visit the SSA’s website to look an office by your zip code.

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Social Security Benefits for Adult Children with Severe Disabilities: Part 2

Your child may be eligible for disability benefits through either social security disability.

Your child may be eligible for disability benefits through either social security disability.

What does protected marriage means?

Now if your adult child is in a “protected” marriage, then he or she may still be eligible for benefits based on your record.  Protected marriages means are between two people who are eligible for Social Security Disability Benefits.

What happens if my child has worked?

However, if you’re adult child was disabled before the age of 22 years old and meet all of SSDI requirements it does not matter if your child never had a job.  If your adult child worked for a number of years then he or she may able to get a higher benefit based on earnings record as long as other requirement and guidelines are met.  Make sure you call SSA to discuss this with them.

How much will my child’s benefit amount be?

They can receive up to 50% of the parent’s benefits amount it depends on if other family members are receiving benefits based on their parent’s work record.

How can My Adult Child be eligible for SSI?

SSI is mean for a test benefit income for disable people who must have limited resources and income.  However, your adult disabled child must qualify for SSI and he or she meets the SSA’s guidelines for not getting disability benefits through their Social Security record, assets and income limits.

What are the Supplemental Security Income’s assets and income limits?

Income:  Your adult child should be found disabled, and accountable income that cannot be more than federal benefit rate of $733.00 for a single person.  Also, the accountable income can be used to pay for shelter and food when you adult child can be counted for toward his or her monthly income.

Below are some sources of money, the Social Security Administration will not consider when deciding your adult child’s countable income, for instance?

  • The first $20.00 dollars of any source of money will be called the general exclusion 
  • And the first sixty five dollars he or she earns from working will be plus half of what is leftover 
  • A number of food stamps he or she will receive
  • The small amounts of money your adult child receives every now and then; and
  • Also medical bills you have to pay for your adult child

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Social Security Benefits for Adult Children with Severe Disabilities: Part 1

When you child is under the age of 18 then they may be disabled, however, you do not have to consider your child’s disability whether if he or she qualifies for benefits and your dependent. You child’s disability benefits probably will stop at age 18 years old unless they are a full-time student in an elementary or high school, however, benefits can continue until age 19 or is disabled.

When you child is under the age of 18 then they may be disabled, however, you do not have to consider your child’s disability whether if he or she qualifies for benefits and your dependent. You child’s disability benefits probably will stop at age 18 years old unless they are a full-time student in an elementary or high school, however, benefits can continue until age 19 or is disabled.

In case your adult child is disable and can no longer do any significant amount of work, he or she may qualify and collect Supplement Security Income disability benefits or Social Security child benefits.

If your adult child who has a severely disability, however, your child might be eligible for disability benefits for either Social Security Disability Insurance or Supplemental Security Income. The sort of benefit is applicable to your young adult child depends on several circumstances such as if he or she worked before their disability, if they have an income or other financial resources, and how old he or she was when they became disabled.

Can My Adult Child Qualify for Social Security Disability Income?

In order for you adult child be eligible for SSDI benefits they must have paid taxes out of their paychecks to the Social Security Administration (SSA), it is like Social Security retirement. If your adult child never worked then they may eligible for Social Security child benefits due to their Social Security earnings history record or their parent’s earnings history record if you are a child.

  • If you child became disabled for his or her 22nd birthday
  • Your child is 18 years old or older
  • You child is not married (please read discussion below), and
  • If the parent who start receiving Social Security retirement or Social Security Disability benefits or a parent with qualifying work history credits or who dies

Also, these requirements you need to be able to prove your child have a medical condition that keeps him or her from obtaining substantial gainful activity (SAG) is what Social Security call it. However in 2016 SGA defined earnings to be $1,130 a month from working. To decide if you’re adult child can work, then SSA uses the same disability guidelines for adults who are disabled before age 22 years old is the same for a person who became disabled until adulthood.

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