28 October

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How Social Security Defines “Disability” If You Want to Win Your Social Security Disability Claim

Just because your doctor says your are disabled or you can't hold a job because of your disability, doesn't mean you are automatically entitled to Social Security Disability benefits! How do you qualify for benefits? The Social Security Act defines disability for adults as "the inability to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment, which can be expected to end in death of which has lasted or is expected to last for a continuous period of not less than 12 months." Sounds straight forward right? Well, unfortunately you can't rely on common sense...

28 October

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Social Security Disability Mythology

Posted by Nancy Cavey

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Social Security Disability Mythology: Separating the True from the False Every single disability application is denied the first time. While it is true that the majority of applications are denied the first time (the number is around 70%,) there are no rules or regulations that state that all claims have to be initially denied and then subsequently handled through the appeals process. Getting your claim accepted the first time is simply a matter of handling the application process correctly, and having an attorney who specializes in this is good way to accomplish this. If your application gets denied, the best thing to do...

28 October

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Applying for Mental Disability Benefits: The Basics

Posted by Nancy Cavey

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Parents with children who are mentally disabled have a great deal to contend with, and money is unfortunately at the top of the list. Raising a mentally disabled child normally brings with it trips to doctors, educational specialists, and counselors. Although there are a fortunate few who have the financial means to support a child with a mental disability, many of us are not so lucky. The Social Security Administration offers disability benefits to children with severe mental disabilities, but they do not make them easy to get. The standards are incredibly rigid, and each application is scrutinized with great care. There...

28 October

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Social Security Disability Reconsideration

Posted by Nancy Cavey

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At the initial claim level 70 percent of Social Security Disability claims are denied. As Tampa Bay Social Security Disability lawyers The Law Offices of Nancy L. Cavey have explained, you should never give up and you should file a request for reconsideration. Approximately 85 percent of claims are rejected at this stage. Why is that? There are several reasons why a claim is denied at the request for reconsideration stage. St. Petersburg, Florida Social Security lawyer Nancy Cavey explains that the Social Security Administration goes through a five-step sequential evaluation. At step three of the five-step sequential evaluation the Social Security Administration...

28 October

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Preparing for a Social Security Disability Consultative Examination

Posted by Nancy Cavey

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The Social Security Administration may ask you to undergo what is called a consultative examination. This is not for the purpose of providing you treatment, corroborating past diagnosis or to provide additional diagnostic details regarding the claimant’s condition. These exams are scheduled to allow the disability examiner to say that they have reviewed the recent medical records before they close your case. If you haven’t been seen by a doctor in the last 60 days, you may be sent to a Social Security Medical Exam. A consultative medical exam doesn’t take the place of medical treatment provided by your treating physician and, in...

28 October

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Finding A Tampa Bay Social Security Disability Lawyer?

Posted by Nancy Cavey

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Finding the perfect Tampa Bay Social Security Disability attorney is crucial because you need to feel comfortable with the person who will be representing you in your time of need. At The Law Offices of Nancy L. Cavey, we suggest that you consider the following: (1) what is the disability lawyer's experience in representing Social Security Disability applicants? (2) how long have they been representing Social Security Disability applicants? (3) what is your impression of the Social Security Disability attorney's website? (4) what is your impression and gut instinct when you talk to their office staff? (5) what is your impression and instinct once you've spoken...

28 October

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Medical Vocational Allowances and Your Social Security Disability Claim

Posted by Nancy Cavey

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As I’ve explained, there are two ways to be eligible for Social Security Disability benefits. The first is to meet a medical listing under the Social Security Administration’s listing of impairments. Unfortunately, the listings have very strict criteria and most people don’t meet a listing. Most people win their Social Security Disability Claim based on a Medical/Vocational Allowances. As a result, the Social Security Administration analyzes a claim for Social Security Disability benefits by determining whether or not you are able to do the lightest job you have held in the last 15 years and whether or not you are able...

28 October

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Social Security Disability Benefits and Diverticulitis

Posted by Nancy Cavey

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Do you suffer from diverticilutis and wonder if you might be entitled to Social Security Disability Benefits? According to the Mayo Clinic, diverticulitis is a common intestinal disorder that forms small pouches on the outside of your colon. It is an inflammation that causes lower abdominal pain, nausea, fever, diarrhea, constipation, and an elevated white blood cell count. You can have such severe conditions as bowel blockage, bleeding, and abscesses. Treatment for this condition can include antibiotics and surgical procedures. Diverticulitis is a listed impairment under the Social Security Disability Listing of Impairments but, unfortunately, not all forms of diverticulitis meet a listed...

28 October

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Discouraged After Social Security Claims Denial?

Posted by Nancy Cavey

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Don’t be one of the many who fail to file an appeal after a Social Security Disability claims denial. Unfortunately, an extraordinary number of Social Security Disability applicants who are denied benefits will decide to stop pursuing their claim, submit appeals that are too late to be accepted by the Social Security Administration, or try to start all over again by filing a new application. It’s been estimated that almost two thirds (2/3) of Social Security Disability applicants who are denied their claim do not appeal. Isn’t that astounding? Unfortunately, what many Social Security Disability applicants are told about the Social Security claims...

28 October

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Disabled for a full year to get Social Security

Posted by Nancy Cavey

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From the Social Security Administration’s standpoint, the condition that you’ve been diagnosed with should disable you for a minimum of 12 months. Do you actually have to be disabled? Your condition can result in functional limitations that limit your ability to do the work you’ve done in the past and also prevent you from engaging in other forms of work, based on your age, skills, education and limitations. This “state of disability” must last for one full year, although it doesn’t have to have lasted a full year before you actually file for Social Security Disability benefits. So, in other words, if...

Author: Nancy Cavey