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How Does the Government Shutdown Affect My Disability Claim?

government shutdown social security disability claim

Many have wondered how the Government Shutdown will affect their disability claims. While the shutdown will limit the services that the Social Security Administration (SSA) will offer, the good news is they will continue to make payments as scheduled.The SSA will remain open for the following functions:Applications for benefits Requesting an appeal Changing your address or direct deposit information Accepting reports of death Verifying or changing your citizenship Replacing lost or missing Social Security Payment Issuing a critical payment Changing a representative payee Processing a change in your living arrangement or income (SSI only) The hearing office will remain...

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What Proof Does SSA Require to Establish a Medically Determinable Impairment of Fibromyalgia?

SSA has issued Social Security Ruling SSR-12-2p for the evaluation of fibromyalgia in disability claims. Nancy Cavey, fibromyalgia disability attorney hopes that this ruling will result in a proper evaluation of fibromyalgia by Administrative Law Judge’s.Fibromyalgia will be considered a medically determinable impairment when it is established by appropriate medical evidence.Under SSR-12-2p a claimant who alleges disability cased on fibromyalgia must:1. Be diagnosed by a licensed physician (medical or osteopathic doctor). 2. The doctor must have reviewed the person’s medical history and conducted a physical examination. 3. The medical records must document the claimant’s symptoms over time. 4. The diagnosis must be consistent...

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Social Security Ruling on Fibromyalgia

Those diagnosed with fibromyalgia had a difficult battle proving that they are entitled to Social Security Disability benefits because of the lack of objective medical findings. Over the years the Social Security Administration’s position has evolved and in 1999, SSA issued Social Security ruling (SSR (99-2p)) that provided that claimants with fibromyalgia could be evaluated under the criteria for chronic fatigue syndrome. Despite this directive, ALJ has continued to deny claims based on fibromyalgia finding that Social Security Disability applicants were not credible when there was no medical diagnoses or that the claimants occasional daily activities conflicted with their allegations...

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What Happens After Your ERISA Law Suit has been Filed?

You purchased a long term disability policy to provide you with peace of mind. But, when you least can afford it, your disability carrier has denied your benefits and has rejected your appeal.Your next and only recourse is to higher a long term disability attorney to sue your long term disability carrier. Your attorney will file what is called a complaint which outlines the facts of your case and why you are entitled to benefits. There generally is no activity for 60 to 90 days after a claim is filed. Why? The complaint is filed and then served on a...

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Continuing Disability Statements and Your Rights to Long Term Disability Benefits: The Introduction

traps for disability statement

You may have received a phone call or letter from your long term disability carrier advising that they want to take “a continuing disability statement”, they may even come to your house to attempt to take the statement which I strongly discourage. The introductory part of the continuing disability statement will include:1. The agreement that the interview site is an agreeable location 2. Identify who is present and their relationship, if any, to you 3. The day’s date and time 4. Your acknowledgement that the interview is going to be recorded and your agreement to the same 5. Questions as to whether you are...

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Don’t Destroy Your Social Security Disability Claim By Failing to Accurately Complete the Work History Report

Work history Social Security disability

When you apply for Social Security Disability benefits the Social Security Administration is going to send you a form called the Work History Report form (SSA-3369-BK) http://www.ssa.gov/online/ssa/3369.pdfUnfortunately, many Social Security Disability applicants don’t do a complete job of filling out the form which can result in the denial of your claim.The Work History Report form is interested in the jobs that you have held in the last 15 years. You need to describe how many hours and days you worked in a typical work week.While completing a work history form you should ask yourself what part of the work that...

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Student Loan Discharge and Social Security Disability Benefits

The United States Department of Education has issued final regulations to remit a “total and permanent disability” (TPD) discharge based on a bar Social Security Notice of Award for Social Security Disability Insurance (or SSDI) 77freg6608 (November 1st, 2012).Federal student loan borrowers can have their debt discharged if they have a total and permanent disability and the Notice of Award on it’s own will now suffice as proof of the borrowers TPD.If you do receive a discharge on this basis, you will be subject to a three year discharge review by the Department of Education and if SSA finds that...

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Make Your Medical Records Work for You and Your Claim for Long Term Disability Benefits

medical records long term disability

When you apply for short or long term disability benefits, carriers will obtain your medical records and have your physician complete what’s called an Attending Physician's Statement Form.Make Your Medical Records Work for You Those medical records and what your physician has to say about your restrictions and limitations can make or break your disability claim.It’s crucial that your doctor document, with your assistance, your physical or psychiatric complaints, how those complaints impact on your ability to function and establish an objective basis for your doctor’s opinions about your restrictions and limitations.Many times, disability carriers will deny disability claims on the...

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Approved Today, Denied Tomorrow Games Long Term Disability Carriers Play!

Long term disability carriers aren't in the business of paying benefits! There real business is collecting premiums and investing. The Transition in the Definition of Disability An approval of your disability claim today doesn't mean that they are going to continue to make payment of the benefits tomorrow.It’s not uncommon for carriers to review files closely in the transition from short to long term disability, from long term disability, own occupation benefits, to long term disability, any occupation benefits, and after an award of Social Security Disability benefits. Games Disability Insurance Carriers Play Disability carriers will routinely ask you to fill out activity of...

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How to File a Request for Reconsideration of Your Denied Social Security Disability Clam?

social security reconsideration request

The Social Security Administration doesn’t make it easy for those who are disabled to get the Social Security Disability benefits that they deserve. You may have received a notice from the Social Security Administration denying your initial application for benefits that includes information on how to appeal a decision. You must appeal the writing within 60 days on the date that you receive the notice.Starting the Appeal. You can begin your appeal in several ways:1. You can call your local Social Security field office and tell them you want to appeal the decision denying your benefits. They will send you...

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