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What Every Social Security Disability Applicant Needs to Know About Protecting Themselves from a Liar for Hire Consultative Examination

Consultive Examination Social Security Disability

It is not uncommon for the Social Security Administration (SSA) to hire a consultive examiner to comment on your restrictions and functional capacity. The SSA must determine at Step 4 of the Five Step sequential evaluation whether you can return to your past relevant work and, at Step 5, if there is other work you can do in the national economy taking into consideration your functional capacity.SSA will use the opinions of the consultive examiner to answer questions about your functional capacity.Unfortunately, some of the consultive examiners hired by the SSA are “liars for hire.” What You Should Do If You...

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Breakthroughs In The Treatment of Parkinson’s Disease And Your Right To Social Security Disability Benefits.

parkinsons social security disability

The Social Security Administration (SSA) doesn’t always make it easy for those who are disabled to get the Social Security Disability benefits that they deserve.  That includes those with Parkinson’s Disease. What Are The Common Reasons Social Security Will Deny A Parkinson’s Claim? One of the common reasons that a Parkinson’s claims is denied is that an applicant is Parkinson’s disease is “under control”, or isn’t currently disabling, or won’t be disabling for at least 12 months.Research is being done on common diabetes and anti-malaria drugs that may be potential therapies to slow down the disease progression and improve Parkinsonian’s symptoms. Tell Me...

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What You Should Do If the Social Security Administration Advises You that Dr. Alfred Jonas Will Be Testifying At Your Social Security Hearing.

Dr Alfred Jonas Social Security Hearing SSA

Unfortunately, the Social Security Administration (SSA) uses unqualified and biased medical experts at Social Security Disability Hearings. One such non-examining, non-treating physician is Dr. Alfred Jonas, who has often been used by the Social Security Administration (SSA) to testify at Social Security hearings....

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The Two Reasons Why You Need To Appeal The Denial Of Your Erisa Disability Claims

appeal denial of ERISA disability claims

If you have an ERISA disability policy and your claim has been denied there are two reasons why you should appeal the denial of your disability benefits within 180 days of the date of the denial. What Are The Two Reasons I Should Appeal My Denial of My ERISA Disability Claim? 1. The ERISA law requires a policy holder to “exhaust” their administrative remedies before filing a lawsuit. Your appeal is considered your “administrative remedy.” If you fail to timely appeal the insurance company may say that you can’t sue because you failed to exhaust your administrative remedies. Appealing preserves your right...

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Opting Out Of A Social Security Disability Video Hearing

social security video hearing

The Social Security Administration (SSA) uses video hearings to catch up on its backlog. However, having a video hearing isn't always in the best interest of a Social Security Disability applicant because, many times, the Social Security decision is made on the basis of credibility.Social Security Disability attorney Nancy Cavey thinks it is important that you have a hearing in front of an administrative law judge as opposed to a video conferencing. Far too often, administrative law judges seems to be paying far more attention to their computer screens then actually watching a claimant testify. It is stunning to get...

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What Every Social Security Disability Recipient Needs To Know About Discharging Your Federal Student Loans As A Result Of Total And Permanent Disability

social security disability student loan discharge

Federal Student Loans, including FFEL, Direct Loans and Perkins Loans are eligible for forgiveness if the student loan debtor is found to be "totally and permanently disabled" (TPD).The Department of Education is required to accept a Social Security Administration Notice of Award for Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits as proof as a borrower's total permanent disability, if the Notice indicates that SSA will review the borrower's continuing eligilbity for benefits once for every five (5) to seven (7) years.However, if your Notice of Award indicates a disability review less than five (5) to...

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Chronic Fatigue Syndrome Gets A New Name

new name for chronic fatigue systemic exertional intolerance disease

The Institute of Medicine (IOM) has recommended a new name and new diagnostic criteria for Chronic Fatigue Syndrome. According to Institute of Medicine, the term, "Chronic Fatigue Syndrome can result in stigmatization and trivialization and should no longer be used as the name of this illness."The suggested new name is Systemic Exertional Intolerance Disease and the new diagnostic criteria being suggested requires that the patient have the following three symptoms:1. A substantial reduction or impairment in the ability to engage in pre-illness levels of occupational, educational, social or personal activities that persist for more than six (6) months and is...

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Social Security Disability Allowance Rates

The Social Security Administration (SSA) doesn’t make it easy for those who are disabled to get the Social Security Disability benefits they deserve.  In fact, Initial and Reconsideration level awards at the Initial level is only 33% and at the Reconsideration level 11.3%.That’s not far off from the Florida 2015 average award of 30.5% at the Initial level, and 10.7% at the Reconsideration level. What Should I Do If My Disability Claim Has Been Denied? Don’t give up!  While the odds are not in your favor either at the Initial or Reconsideration level, the odds are better at the Hearing level where...

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Social Security Administration May Appoint A Representative Payee In Your Social Security Disability Case

If the Social Security Administration (SSA) determines that a beneficiary is unable to handle their own funds, SSA will appoint a representative payee, who will receive the funds on behalf of the beneficiary.The representative payee will act as a trustee over the funds and is supposed to make sure that the funds are used solely for the immediate and foreseeable needs of the beneficiary.  Any remaining benefits are to be conserved or invested by the representative payee pursuant to the rules.However, when a beneficiary becomes capable of handling their own funds, they are no longer in need of a representative...

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What Does The Term “Disability” Mean In My Disability?

what does disability mean

There is no uniform definition of disability. You have to get your policy and review it closely. Disability is one of the most litigated policy terms because when you file a claim for disability, the insurer has to determine if you’re disabled based on the definition of disability within the policy.What are all the Various Types of Disability Policies? There are “Own Occupation” disability policies which will pay a policy holder if they’re unable to engage in his or her own occupation.Other policies are known as “Any Occupation” policies that pay if you’re unable to engage in any occupation but you’re...

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