South Georgia Disability Insurance Service | Farrell Disability Law

Knowing What to Expect at the Social Security Disability Interview

Jay Butchko — Wed, 01 Mar 2017 16:46:27 +0000

While millions of Americans receive Social Security Disability Insurance (SSDI) benefits, most did everything they could to continue working, until it became apparent that was no longer a viable option. Working gives structure and purpose to a person’s life, and being forced to give up this important aspect of life is never easy. Once the decision to file a disability claim is made, though, one needs to understand what the Social Security Administration (SSA) is expecting to see in an application to allow an examiner to issue a determination. The success or failure of a disability claim is almost exclusively tied to the amount and quality of medical evidence submitted by the applicant. The initial application may be filed over the telephone, online or at the local SSA office, and shortly after an application is submitted, the local SSA office will typically contact the claimant to schedule an in-person or phone interview to go over the contents of an application. No decision is made at the interview, but it does give claimants an opportunity to flesh out any weaknesses the application may have before it is assigned to an examiner. Thus, the SSA interview should be taken seriously, and prepared for in advance to maximize the opportunity to improve the application or clear up any confusion the claimant may have about the claim process.

What to Prepare

Two important pieces of information a claimant should be prepared to provide is a full medical history for all treatment received related to the disability, and a complete work history. A person’s medical condition and past work are two of the items that SSA uses to decide disability claims, so the more complete and accurate this information is from the beginning the faster one can be approved. Consequently, the following types of medical documentation and information will be needed:

the names and contact information for all physicians who provided treatment for the disability;
the names and contact information for all physicians who provided any other types of medical treatment, such as physical or rehabilitative therapy;
all medications currently being taken;
the dates for any medical testing; and
the dates of treatment for the disabling condition.

Importantly, documentation of medical treatment received during the last 90 days should be collected and presented. The claimant needs to show recent medical treatment to prove the disability is still present.

A claimant’s work history for the past 15 years is also needed. This window of time is used, as opposed to all jobs performed in a person’s life, because it is considered to represent the most relevant skills a person possesses. This information should be written down in advance to ensure nothing is forgotten in the stress of a live interview.

In addition, biographical information related to marriage, divorce and minor or disabled children will be needed, and information related to incomes, other financial resources (i.e., stocks, land, vehicles or 401ks) and military service.

At the Interview

The interview itself usually takes about an hour to complete if the claimant prepared in advance. This step is essentially a fact-finding mission that involves SSA representative asking the claimant questions related to the information discussed above. Claimants scheduled for an interview typically receive a form to fill out in advance to list the names and contact information for past employers and relevant medical treatment, but if this form is not received, bring a written list of this information.

In-person interviews are best, but if this is not an option due to transportation or distance issues, phone interviews are available. Claimants are given a specific date and time to expect a phone call, and should prepare all the information listed above to provide to the SSA representative.

Consult a Disability Attorney

If you are suffering from a disabling condition and unable to work, talk to a disability attorney about qualifying for benefits through private insurance or SSDI. Farrell Disability Law, representing clients throughout Florida, understands how overwhelming and stressful the onset of a disability is, and will work to get you benefits you need so you can focus on managing your health. Contact us today for a free consultation.

Resource:

ssa.gov/pubs/EN-05-10029.pdf

Is It Possible to Lose Social Security Disability Benefits Once You Are Approved?

Jay Butchko — Wed, 18 Jan 2017 19:03:46 +0000

Getting approval for Social Security Disability Insurance (SSDI) benefits is no small feat. For most applicants, the approval process is long and arduous, taking years in some cases. Once this hurdle is crossed, believing the hard part is over and regular income is secure would be a natural assumption. However, the Social Security Administration (SSA) does revoke and cancel benefits for some recipients under certain circumstances. The loss of these benefits is devastating and can come with little notice. Hundreds of disabled individuals living in the coal mining regions of Appalachia are currently dealing with the suspension of their SSDI benefits related to a fraud probe of the attorney who filed their disability claims. They are now forced to reapply for benefits, with the added burden of the SSA assuming their claims are false. While this is a unique situation that most SSDI recipients will not face, understanding how the SSA maintains and reviews the files of current SSDI recipients, as well as when the SSA will suspend payment, is important information anyone seeking SSDI benefits should know.

Periodic Reviews

The SSA is required to conduct “continuing disability reviews” for all recipients receiving SSDI benefits on a regular basis. These reviews are used to determine if someone no longer meets the definition of disabled under SSDI guidelines. If the SSA believes an individual is capable of returning to work because of improvements in his/her condition, benefits will end.

The frequency of these reviews depends upon the medical condition and the likelihood of improvement. If improvement is expected within a short period of time, the review will occur six to eighteen months after payments begin. For those with conditions where improvement is possible, the reviews are approximately every three years, and for conditions with little likelihood improvement, the reviews are every five to seven years.

Other Triggering Events and Payment Stoppage

In addition to periodic reviews, a review will also be triggered if the SSA learns that any of the following circumstances exist:

the recipient returned to work;
the recipient tells the SSA his/her condition improved;
medical evidence indicates the recipient’s condition has improved;
a third party notifies the SSA that the recipient is not following treatment protocol; or
a new treatment for a condition is now available.

Once the review is complete, a letter is sent to the SSDI recipient informing him/her whether benefits will continue. If benefits are to be suspended, the person is entitled to appeal, during which time benefits will continue if timely requested. If no appeal is filed, benefits stop three months after the SSA decides the disability is no longer present. Note, however, that allegations of fraud result in the stoppage of benefits immediately until the individual can prove a qualifying disability exists.

Appealing Suspension

While recipients who are cut off do have the right to appeal, the timelines to request a continuation of benefits (10 days at each stage) are extremely short, so paying close attention to all documents sent by the SSA is crucial. Once someone receives notice that benefits will stop, he/she must ask for reconsideration within 60 days. If the reconsideration is denied, the person must again request a continuation of benefits and ask for a hearing in front of an administrative law judge. Further appeals are available beyond this stage, but are unlikely to be successful, and importantly, benefits will not continue, unless the case is sent back for a new hearing. Further, the SSA will demand repayment for benefits paid during the appeals process if the recipient is unsuccessful in his/her efforts to restore SSDI.

Talk to a Disability Insurance Attorney

Dealing with the potential loss of SSDI benefits is not a process you should face alone. The rules are very complicated and easily misunderstood, which, if not followed, can lead to devastating consequences. Working with an experienced disability law firm, like Farrell Disability Law, will give you a much greater chance at keeping SSDI benefits and avoiding any stoppage of payments. Farrell Disability Law represents clients throughout Florida and South Georgia, and can help you keep or obtain the disability benefits you need. Contact us for a free consultation.

Resources:

detroitnews.com/story/news/nation/2017/01/03/disability-social-security-fraud-probe/96095004/

ssa.gov/pubs/EN-05-10153.pdf