Lyme
Disease is transmitted to humans by the bite of the black legged tick,
commonly called a "deer tick." The infectious agent is a little
bacterium called Borrelia burgdorferi. Symptoms can include a
rash (but not always), fatigue, dizziness, neurological symptoms, joint
aches, and sometimes a fever. Getting a correct diagnosis for Lyme
Disease may be difficult because the symptoms of Lyme Disease are quite
similar to many other illnesses and doctors often have never encountered
a case of Lyme. Lyme is usually curable with a few weeks of
antibiotics. However, if the disease goes untreated, it can cause
severe symptoms, including joint inflammation (Lyme arthritis), heart
problems, disorders of the central nervous system, and more.
There
is no specific listing for Lyme Disease in the Social Security blue
book. If there are severe associated symptoms, a claimant may meet a
listing for another body system: nervous system disorder, heart
impairment, etc. If that is not the case, the claimant must prove that
the combined symptoms of the disease are so severe that full-time work
cannot be maintained.
I
have recently won cases involving Lyme Disease. Here is a little of
what I have learned with regard to Lyme Disease and Social Security.
1)
Try to see out a specialist to confirm the diagnosis. Specialists are
few and far between. Social Security will be skeptical that symptoms
are being caused by Lyme Disease. It is essential to get a firm
diagnosis by a doctor who understands the disease. Many doctors will
tell you that there is no such thing as chronic Lyme Disease, or that it
is impossible to diagnosis it accurately. Some will try to send you
off to a psychiatrist because they think it is a mental impairment.
2)
Be sure your doctor ties the cause of symptoms to the yme Disease. In
other words, the doctor should confirm that such symptoms as chronic
fatigue, dizziness, nausea, palpitations, cognitive problems, etc. are
being caused by the late affects of Lyme Disease, not something else.
3)
If possible, get a medical source statement or residual capacity form
from your doctor (specialist) which specifies your physical and mental
limitations. Have the doctor address the work-like activities that you
are not able to perform, and to state the severity or degree of each
impairment.
4)
Be sure to follow prescribed treatment to the extent possible. If you
have a complicated case of Lyme, especially one that was not treated
early, treatment may take months or years. It's easy to get discouraged
and give up. Find a doctor who will support you and stay with it.
5)
Try to find an attorney or advocate to represent you who has experience
with Social Security disability cases based on Lyme Disease. Some of
the basics of good representation apply to these cases, however, there
are things about Lyme cases that are approached differently.
https://forsythefirm.wixsite.com/website
-----------
The
Forsythe Firm in Huntsville is available for free consultations for any
impairment leading to a Social Security disability claim. We will meet
with you without cost or obligation. If we agree to represent you, you
do not owe a fee unless you win your claim and collect past due
benefits. We can be reached at (256) 799-0297.
Wednesday, June 15, 2016
WHEN SOCIAL SECURITY SENDS YOU TO THEIR DOCTOR
In
about 30 percent of Social Security disability cases, the agency will
send claimants to one of their contracted doctors for a consultative
examination (CE). This usually occurs when there is limited evidence
from the claimant's own treating doctors.
Social Security contracts with doctors in private practice to perform these exams. Here is generally what to expect at a consultative exam (CE):
What happens if you just don't show for a CE? It almost always guarantees a denial and it may hurt you in the future appeal process, as well.
Social Security contracts with doctors in private practice to perform these exams. Here is generally what to expect at a consultative exam (CE):
- It will be brief. The doctor may spend as little as 15 minutes with you. Usually there are no tests.
- The doctor has been provided with a checklist of things to look for. He/She will focus only on what is on the list.
- CEs are often not helpful for the claimant.
- If you cannot attend the examination, call the Disability Determination Service (DDS) which scheduled the exam as early as possible. This should only be for an unavoidable emergency. Also call the doctor's office. (The doctor will not call DDS for you; it's important you call them, too). Never be a No-Show.
- Arrive at the exam site 15 minutes early.
- If possible, have someone drive you to the exam.
- Take a list of all medications and dosage with you.
- Be cooperative with the doctor. Failure to do so will guarantee a bad report to Social Security. Put forth your best effort.
- Don't try to "sell" the doctor on the fact that you are disabled and should be on disability. The doctor cannot approve you or sign you up for benefits. He is a fact finder and has a checklist of medical items to check during the exam.
- Answer the doctor's questions as directly as possible. Get to the point and avoid unnecessary details or rambling.
What happens if you just don't show for a CE? It almost always guarantees a denial and it may hurt you in the future appeal process, as well.
Wednesday, March 30, 2016
HUNTSVILLE VETS MAY GET INCORRECT INFORMATION ABOUT DISABIITY BENEFITS
Unfortunately, disabled veterans sometimes get wrong information, even from Social Security.
Sometimes, we have known of disabled veterans being told, in effect, that they cannot apply for Social Security disability benefits because they are still receiving military pay, or "still working." However, the Wounded Warrior program permits disabled vets to apply for disability when they are receiving active duty pay if they are on medical leave, performing restricted duties or under therapy in a military treatment facility.
Social Security's website states the following:
Active duty status and receipt of military pay does not, in itself, necessarily prevent payment of Social Security disability benefits. Receipt of military payments should never stop you from applying for disability benefits from Social Security. If you are receiving treatment at a military medical facility and working in a designated therapy program, or on limited duty, the government will evaluate your work activity to determine your eligibility benefits.
Even if you are told by someone at a Social Security office that you do not qualify for disability benefits, check this with another qualified source. Social Security personnel are generally well trained, hard working and well meaning individuals who do excellent work. But, like in all other areas of life, mistakes are made. That's why you have attorneys and advocates to assist you with protecting your rights under the Social Security Act and to make sure that you get all the benefits you are entitled to, even when a mistake is made.
If you need to just check out a Social Security disability claim, or appeal an unfavorable decision, please feel free to contact the Forsythe Firm here in Huntsville for a no cost, no obligation discussion. (256) 799-0297.
Sometimes, we have known of disabled veterans being told, in effect, that they cannot apply for Social Security disability benefits because they are still receiving military pay, or "still working." However, the Wounded Warrior program permits disabled vets to apply for disability when they are receiving active duty pay if they are on medical leave, performing restricted duties or under therapy in a military treatment facility.
Social Security's website states the following:
Active duty status and receipt of military pay does not, in itself, necessarily prevent payment of Social Security disability benefits. Receipt of military payments should never stop you from applying for disability benefits from Social Security. If you are receiving treatment at a military medical facility and working in a designated therapy program, or on limited duty, the government will evaluate your work activity to determine your eligibility benefits.
Even if you are told by someone at a Social Security office that you do not qualify for disability benefits, check this with another qualified source. Social Security personnel are generally well trained, hard working and well meaning individuals who do excellent work. But, like in all other areas of life, mistakes are made. That's why you have attorneys and advocates to assist you with protecting your rights under the Social Security Act and to make sure that you get all the benefits you are entitled to, even when a mistake is made.
If you need to just check out a Social Security disability claim, or appeal an unfavorable decision, please feel free to contact the Forsythe Firm here in Huntsville for a no cost, no obligation discussion. (256) 799-0297.
Saturday, March 26, 2016
"RECENT WORK TEST" FOR SOCIAL SECURITY DISABILITY
If you stopped working more than 5 years ago, you do not have coverage for disability with the Social Security Administration.
You need to have recent work to be eligible for disability benefits. You must have worked at least 20 out of the last 40 quarters, or more simply put, you must have worked 5 out of the last 10 years.
If you stopped working at a job that pays FICA tax more than 5 years ago, you will not be able to get disability benefits, no matter how much you paid into the system. That money remains in the trust fund (pool) until you reach retirement age.
Your Date Last Insured (DLI) is the date you stopped being insured for disability claims with Social Security. If a disability begins after the DLI, it is not covered. This is one more good reason not to delay in filing a claim as soon as you feel you have become disabled.
You need to have recent work to be eligible for disability benefits. You must have worked at least 20 out of the last 40 quarters, or more simply put, you must have worked 5 out of the last 10 years.
If you stopped working at a job that pays FICA tax more than 5 years ago, you will not be able to get disability benefits, no matter how much you paid into the system. That money remains in the trust fund (pool) until you reach retirement age.
Your Date Last Insured (DLI) is the date you stopped being insured for disability claims with Social Security. If a disability begins after the DLI, it is not covered. This is one more good reason not to delay in filing a claim as soon as you feel you have become disabled.
Saturday, February 27, 2016
APPLYING FOR DISABILITY? HERE ARE YOUR ODDS
The following chart shows Social Security disability award (approval) rates at various stages of review:
Award rates are down at all levels. Here is how awards by administrative law judges (hearings) have taken a free fall since 2010. Award rates by year:
2010 62%
2011 58%
2012 53%
2013 48%
2014 45%
2015 42%*
No one knows why the award rates bottomed out.over. The usual suspects are Congressional pressure and hostile media coverage. No one knows if the free fall is over.
----------------
2015 rates are estimated.
Award rates are down at all levels. Here is how awards by administrative law judges (hearings) have taken a free fall since 2010. Award rates by year:
2010 62%
2011 58%
2012 53%
2013 48%
2014 45%
2015 42%*
No one knows why the award rates bottomed out.over. The usual suspects are Congressional pressure and hostile media coverage. No one knows if the free fall is over.
----------------
2015 rates are estimated.
DISABILITY AWARD RATES - THE LATEST NUMBERS
The following chart shows Social Security disability award (approval) rates at various stages of review:
Award rates are down at all levels. Here is how awards by administrative law judges (hearings) have taken a free fall since 2010. Award rates by year:
2010 62%
2011 58%
2012 53%
2013 48%
2014 45%
2015 42%*
No one knows why the award rates bottomed out or if the free fall is over. The usual suspects are Congressional pressure and corrupt media coverage.
----------------
2015 rates are estimated.
Award rates are down at all levels. Here is how awards by administrative law judges (hearings) have taken a free fall since 2010. Award rates by year:
2010 62%
2011 58%
2012 53%
2013 48%
2014 45%
2015 42%*
No one knows why the award rates bottomed out or if the free fall is over. The usual suspects are Congressional pressure and corrupt media coverage.
----------------
2015 rates are estimated.
Sunday, February 21, 2016
WORST MEDIA LIES ABOUT SOCIAL SECURITY DISABILITY
The media lies
constantly about the Social Security disability program. I expect the
media to lie; however, it is making it difficult for disabled Americans
go get benefits. Here are some of the worst lies the media is telling
us.
Social Security benefits are responsible for the growing national deficit. The truth: Social Security benefits are not included in the national budget. Social Security is a self-financing program. Benefits are not allocated by Congress and not included in the national budget. Social Security benefits are funded by FICA taxes paid by workers, deducted from their pay checks and matched by their employers. These premiums go into a special fund and benefits are paid out of the fund. There is one fund for disability benefits and a separate fund for retirement benefits. There is no provision for the government to pay benefits if these funds become unable to do so.
People are using Social Security disability benefits to replace unemployment benefits. You cannot receive disability benefits until you provide objective medical proof of a disability. It takes the average person over 24 months to get a hearing and then there is only a 42 percent chance he will be approved. The claimant will be examined, prodded, poked, examined some more and his entire medical record examined with a fine toothed comb. He will be placed under oath, questioned, cross examined and treated like a criminal in many cases. In over 90 per cent of cases, he or she will have to hire a lawyer to get any benefits. Does this sound like a good replacement for unemployment insurance?
Because the number of disability claims have risen in recent years, that's an indication of massive fraud. Not true at all. The population is increasing. People are living longer. Baby boomers are aging and getting sick by the millions. The number of women in the workforce has quadrupled since World War 2. Social Security's own numbers predicted a peak in claims based on population and demographics.
Crooked doctors sign patients up for Social Security all the time. The truth is, doctors cannot approve anyone for Social Security benefits. That decision is reserved by law to the Commissioner of Social Security. Doctors may provide medical evidence, as they should, but they cannot sign anyone up or approve anyone. And if the objective medical evidence does not support a doctor's professional opinion, the opinion will be ignored--I promise. I've seen it happen too many times. On final thought on this subject, my experience is that doctors usually won't help their patients who are very legitimately disabled because they don't want to get involved.
Social Security benefits are responsible for the growing national deficit. The truth: Social Security benefits are not included in the national budget. Social Security is a self-financing program. Benefits are not allocated by Congress and not included in the national budget. Social Security benefits are funded by FICA taxes paid by workers, deducted from their pay checks and matched by their employers. These premiums go into a special fund and benefits are paid out of the fund. There is one fund for disability benefits and a separate fund for retirement benefits. There is no provision for the government to pay benefits if these funds become unable to do so.
People are using Social Security disability benefits to replace unemployment benefits. You cannot receive disability benefits until you provide objective medical proof of a disability. It takes the average person over 24 months to get a hearing and then there is only a 42 percent chance he will be approved. The claimant will be examined, prodded, poked, examined some more and his entire medical record examined with a fine toothed comb. He will be placed under oath, questioned, cross examined and treated like a criminal in many cases. In over 90 per cent of cases, he or she will have to hire a lawyer to get any benefits. Does this sound like a good replacement for unemployment insurance?
Because the number of disability claims have risen in recent years, that's an indication of massive fraud. Not true at all. The population is increasing. People are living longer. Baby boomers are aging and getting sick by the millions. The number of women in the workforce has quadrupled since World War 2. Social Security's own numbers predicted a peak in claims based on population and demographics.
Crooked doctors sign patients up for Social Security all the time. The truth is, doctors cannot approve anyone for Social Security benefits. That decision is reserved by law to the Commissioner of Social Security. Doctors may provide medical evidence, as they should, but they cannot sign anyone up or approve anyone. And if the objective medical evidence does not support a doctor's professional opinion, the opinion will be ignored--I promise. I've seen it happen too many times. On final thought on this subject, my experience is that doctors usually won't help their patients who are very legitimately disabled because they don't want to get involved.
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