Win Your Social Security Disability Case : Advance Your SSD Claim and Receive the Benefits You Deserve

Introduction xvii Meet the Social Security Administration 1(6) Defining Disability 7(6) The SSA Definition of Disability Do Not Presume You Are Disabled Proving to the SSA that You Are Disabled Who is Eligible to File? 13(12) Social Security Disability Income (SSDI) Calculating Work Credits The Social Security Statement Additional Requirements for Applying for SSDI Supplemental Security Income (SSI) The Sequential Evaluation of Disability 25(6) Step 1: Are You Gainfully Employed? Step 2: Is Your Medical Impairment Severe? Step 3: Does Your Impairment Meet or Equal the Medical Listings? Step 4: Can You Perform Your Previous Types of Work? Step 5: Can You Perform Other Generally Available Work? Step 3 of the Sequential Evaluation: Meeting or Equaling the Listings 31(4) Understanding the Listings Step 4 of the Sequential Evaluation: Can You Do Your Past Relevant Work? 35(4) Step 5 of the Sequential Evaluation: Can You Do Any Other Work? 39(14) Analysis of Step 5 Determining Physical Residual Functional Capacity Understanding the Grid Rules Age, Education, and Past Work Reading the Grids When the Grids Do Not Apply 53(12) Physical Nonexertional Limitations Determining Mental Residual Functional Capacity Summary of Step 5 Filing the Initial Claim 65(30) Applying for Benefits by Phone Applying for Benefits in Person Applying for Benefits Online Adult Disability Report Providing Medical Records Tips for Applying for Benefits Consultative Examinations 95(8) Why Consultative Examinations May Be Required Your Doctor May Also Perform the Consultative Examination The Inherent Problems Associated with Consultative Examinations Types of Consultative Examinations What Does the DDS Do with the Consultative Doctor's Report? Dos And Don'ts for Consultative Examinations Developing Your Medical Evidence: Your Doctor's Role in Obtaining Benefits 103(12) Your Doctor Is Very Busy If You Have an Attorney Ensure that Your Doctor Cooperates with the SSA and You If Your Doctor Does Not Support You Who Are Acceptable Medical Providers? Getting the Right Report from a Credible Source Obtaining Timely Reports Obtaining Accurate Records Obtaining Sufficient Records Obtaining Legible Records Compensating Your Doctor for His or Her Time Developing the Medical Proof that You Meet or Equal the Listings Strategy for Winning When to Obtain Medical Questionnaires Submitting Questionnaires to Your Doctor If You are Denied: The First Appeal 115(24) The First Appeal: The Request for Reconsideration Completing the Request for Reconsideration SSA-3441-BK (Disability Report---Appeal) SSA-827 (Authorization to Disclose Information to the Social Security Administration) Supplementing the Request for Reconsideration What Happens Next What to Do While You are Waiting Filing a New Application While the Request for Reconsideration Is Being Decided If You Never Hear on Your Initial Claim If You are Denied Again: The Second Appeal 139(12) Request for Hearing Before an Administrative Law Judge Completing the Required Forms On-the-Record Decisions Understanding the Hearing Letter and Preparing for the Hearing 151(12) The Hearing Letter The Acknowledgment Card List of Exhibits Additional Forms Reviewing the File and Its Exhibits Medical and Vocational Experts Preparing for the Hearing Requesting an On-the-Record Decision 163(6) On-the-Record Decisions Drafting an OTR Brief The Hearing 169(18) Arriving for the Hearing Immediately Prior to the Hearing The Hearing Room Meet the Administrative Law Judge How a Hearing is Conducted The Order of the Hearing Your Testimony How to Conduct Yourself During the Hearing Your Body Language Can Tell More about Your Claim than Your Testimony American Idol and the Likeability Factor Dos And Don'ts about Testifying Video Hearings Expert Testimony Your Own Witnesses Having Your Doctor Testify Other Witnesses The Waiting Game: How Do You Survive? 187(6) Consider Filing Bankruptcy Negotiate with Your Creditors Apply for General Relief If You Are About to Become Homeless Presumptive Disability Contact Your Congressperson and Senator The Dangers of Working Part-Time The Dangers of Attending School Favorable Decisions 193(16) Partially Favorable Decisions The Award Letter Medicare and Medicaid Benefit Offsets Overview of Workers' Compensation Offsets Getting Around a Workers' Compensation Offset Public Welfare Programs Advance Payment Cases Long-Term Disability Benefits Unfavorable Decisions and Your Right to Appeal 209(8) Appeals Council Appeals Federal Court Appeals Filing a New Claim Anatomy of a Social Security Disability Case 217(6) Time Line Commentary Turning a Losing Decision into a Victory 223(4) Case #1 Case #2 Case #3 Case #4 Obtaining First-Time Benefits for Children and Adults with Childhood Disabilities 227(16) Obtaining Benefits if the Child is Under 18 Defining Childhood Disabilities Children with Severe Disabilities Tips for Winning Children's Cases Top Five Misconceptions about Childhood Disabilities Obtaining Benefits for Adults with Childhood Disabilities Highest Grade in School Completed Satisfying the Nonmedical Requirements Nonfinancial Requirements to Receive Benefits Interest in Trusts Special Needs Trusts Assets that Have Been Invested for Your Child Calculating the Amount of Benefits The Representative Payee Do I Need an Attorney? 243(12) Do Not Be Discouraged By Statistics When it Is Advisable to Seek Legal Representation Finding an Attorney The Fee Agreement Negotiating Attorney's Fees Glossary of Acronyms 255(4) Frequently Asked Questions 259(16) Appendix A: Medical Questionnaires 275(52) Appendix B: The Grids 327(8) Appendix C: Support Groups 335(2) Index 337(8) About the Author 345