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Apr 18, 2011 – The Social Security and Supplemental Security Income disability programs are the largest of several Federal programs that provide assistance to people with disabilities. While these two programs are different in many ways, both are administered by the Social Security Administration and only individuals who have a disability and meet medical criteria may qualify for benefits under either program.
The Law Offices of Harold Skovronsky in Brooklyn, New York have brought an experienced, in-depth knowledge of social security disability issues to the table in ways that benefits clients trying to work through the maze of complex requirements, rules and regulations. His New York law practice has successfully guided clients through what is usually an all too familiar frustrating and challenging claims process.
Harold Skovronsky points out that Social Security Disability Insurance pays benefits to you and certain members of your family if you are "insured," meaning that you worked long enough and paid Social Security taxes. Meanwhile, Supplemental Security Income pays benefits based on financial need.
When you apply for either program, Harold Skovronsky’s staff will collect medical and other information from you and make a decision about whether or not you meet Social Security’s disability eligibility requirements. They also use a Benefits Eligibility Screening Tool to find out which programs may be able to pay you benefits.
Harold Skovronsky points out that there are many myths and rumors circulating about Social Security Disability.
Here are some myths and facts:
Myth: The Social Security Administration will deny you a certain number of times before you are approved.
Not true. Just as social security disability cases are not automatically denied on the very first application, neither are they denied a certain number of times before they are approved. But, with seventy percent of initial claims being denied, what can you do to improve the chances of getting approved? Many people simply file applications over and over again, hoping to be approved. Harold Skovronsky says that this is not the answer. The Social Security Administration will keep denying you if you continue to file new applications instead of filing an appeal. This brings us to the next myth.
Myth: The best way to appeal a Social Security claim denial is to file a brand new application.
No. In fact, filing a new claim is often the worst thing you can do. Why? Remember that almost seventy percent of initial applications are denied. Most disability claimants will be denied on the initial application. Repeated new applications will most likely be denied, and for the same reasons. Further, historically, and statistically, if a disability case is not approved at the initial claim level, it will probably also be denied at the reconsideration level (in some states, the reconsideration step has been suspended as part of a test project) and eventually have to be heard by an administrative law judge to be approved for benefits. A disability claim, however, will never get that far in the process if a claimant continually files new applications instead of filing an appeal.
Unless your representative advises otherwise, always allow your attorney to take advantage of your appeal rights upon denial. In short, to improve your chances of winning your disability case, you should:
1) Follow the appeals process; and
2) Find representation.
Myth: Certain medical conditions or mental health problems can get you automatically approved for benefits.
The answer to this is both yes and no. Certain impairments are singled out and specified in the Social Security Administration's Impairment Listing Manual. Claimants who have listed medical problems at the level specified in the manual, can be approved for benefits somewhat easier than those who do not. The disability evaluation process, however, even for listing level impairments, is never automatic. All claims are evaluated according to the medical evidence gathered first by the Disability Determination Services at the initial claim and reconsideration levels, and then by an attorney or representative at the ALJ level. Claims are decided by the information held by medical providers.
It is important to remember, therefore, that disability claimants should seek regular medical treatment throughout the entire time their claim is pending. This is to ensure proper documentation for evaluation purposes. Disability cases in which the medical evidence is scant and doctor visits are sporadic, will, generally, have little chance of approval. Conversely, claimants who get regular medical care will usually have more solid cases and a better chance of winning benefits.
Myth: You cannot get Social Security Disability if you have used drugs or alcohol.
This is not true. It will depend on the extent of the use and how recent the use was. Currently, it is not possible to receive disability benefits based solely on addiction. But, whether such use will affect a claimant's eligibility for benefits depends on materiality. If a claimant's drug or alcohol abuse is found to be material, in other words relevant, to the case, the case will not win.
For example, a claimant applies for disability based on liver dysfunction and hepatitis. The claimant also has a history of alcohol abuse, some of it recent. Will the alcohol abuse harm the claimant's case? It depends on whether it is material or immaterial to the case.
If the claimant's liver damage were so pronounced that ceasing alcohol use completely would make no difference to the claimant's medical condition, then alcohol abuse would be immaterial, or irrelevant, to the case. Conversely, if ceasing alcohol use would result in medical improvement, then the alcohol abuse is material to the disability case and the claim would be denied. Simply put, Social Security will not pay benefits to claimants whose disabling conditions are brought on and exacerbated by, drug and alcohol abuse. Claimants who have a history of abuse but who are not currently using substances should carefully review their medical records before filing for disability.
Further, medical doctors and mental health professionals will often indicate "suspected use" in their treatment notes. Such indications, proven or not, can have a damaging effect on a disability case. Claimants, whose disabling conditions are psychiatric in nature, should especially heed this since mental cases are more likely to be denied when substance abuse is involved.
As you can see, there are many complex issues involved with Social Security Disability, and we have barely scratched the surface. It is important to retain legal counsel if you are serious about your Social Security Disability claim. For further information, visit
http://www.completedisabilitylawyers.com or call them at (718) 336 8886.
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The Law Offices of Harold Skovronsky in Brooklyn, New York have brought an experienced, in-depth knowledge of social security disability issues to the table in ways that benefits clients trying to work through the maze of complex requirements, rules and regulations. His New York law practice has successfully guided clients through what is usually an all too familiar frustrating and challenging claims process.
