New rules go into effect for Social Security disability claims | Fox 59

WASHINGTON D.C. — It may soon be harder to file a disability claim with the Social Security Administration.New regulations, which went into effect on Monday, are eliminating the so-called “treating-physician rule.”Until now, the rule required benefits adjudicators to give significant weight to a physician’s report supporting an applicant’s claim for benefits.

Source: New rules go into effect for Social Security disability claims | Fox 59

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The truth is that Administrative Law Judges have been ignoring the treating physician’s opinion for years. The rule will just embolden this behavior. How is it possible to give weight to a doctor who is paid from SSA, has never seen the claimant and only relies on the medical records.

What Happens Inside a Social Security Disability Hearing?

If you are applying for Social Security Disability you should know what happens when you have a hearing.

It is very important because the hearing determines whether you will be granted benefits for the remainder of your life or not.

The people in the room will be yourself, the Administrative Law Judge, a hearing monitor and a vocational consultant.

The Administrative Law Judge works for Social Security and spends her days listening to testimony of people who allege they are disabled, and then she writes hearing decisions explaining why the claimant is either disabled or not.

The Judge is the most important person in the room.

She asks you questions and questions the vocational consultant and makes the final decision.

The hearing monitor records all of the statements, questions and answers in the event there is an appeal.

The Administrative Law Judge will ask the vocational consultant questions near the end of the hearing.

The Judge will want to know if there any jobs available based on certain physical and mental limitations.

Most cases will result in two category of responses from the vocational consultant.

The first group of responses are that there certain jobs available based on the restrictions.

The second group of responses are that there are no jobs available based on the restrictions.

The Judge has to decide which group you fit in.

If there are no jobs available to you, then you will be found disabled.

The hearing lasts approximately one hour.

You must explain within those 60 minutes why you are not able to work.

Questions about how to make sure you win those 60 minutes with the Judge? Feel free to contact Illinois Social Security Disability Attorney Dirk May at 309-827-4371.

Social Security’s ‘magic age’ changes

Source: Social Security’s ‘magic age’ changes

 

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Article points out that full retirement age increases for most baby boomers. The longer you wait, the more you make. The advantage for those who qualify for Social Security Disability is that you are treated as if you retired at full retirement age no matter what your age. The other advantage of Social Security Disability is that you qualify for Medicare within 30 months from your onset of disability date.

What to Do While You Wait for Social Security Disability

Social Security is looking for specific information in deciding whether or not you are disabled.

Top tips to help you win your case:

  1. Get your medical tests. SSA loves objective findings to confirm your pain complaints. This means tests such as Xrays, MRIs, EMGs, or heart tests.
  2. Go to your doctor. Social Security thinks that if you do not go to the doctor, then you are cured. Make sure to go at least every 3 to 4 months.
  3. Complain about your problems and limitations. If your doctor records do not show that you are in pain, or need to elevate your legs, or rest every 10 minutes then Social Security will think you have no problems.
  4. Go to the emergency room or the hospital when needed. Many people experience embarrassment in going to the emergency room or hospital. Once again SSA expects you to seek emergency or acute care if needed.

You have to know what Social Security is looking for when deciding whether a person is disabled.

They want to know if you can function at a job full time.

They do not rely only on what you tell them.

This is why the doctor records and tests are very important.

Get your tests, go to the doctor, hospital and emergency room and tell them about all your problems.

Questions about Social Security Disability? Feel free to contact Illinois Social Security Attorney Dirk May at 309-827-4371.

Health Care Policy and Marketplace Review

A Health Care Reform Blog––Bob Laszewski’s review of the latest developments in federal health policy, health care reform, and marketplace activities in the health care financing business.

Source: Health Care Policy and Marketplace Review

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What happens to health insurance and Medicaid will make a large impact on many people who are applying for Social Security Disability and SSI. This is the only way a large number people are able to receive medical treatment, and without proper treatment their disability case will be denied. The reason is that Social Security bases almost all of its decision on the medical records. Therefore, little or no medical treatment means no Social Security Disability for the people who do not have access to health insurance.