How a Symptom Diary Can Help You Win Your Social Security Disability Case

As a Connecticut and Massachusetts Social Security Lawyer, I often recommend that my clients keep a symptom diary.  A symptom diary can be kept in many different formats: journals, calendars, charts and spreadsheets.  Now, there are even some great phone apps that allow patients to routinely keep track of their symptoms!  

A symptom diary can be particularly useful in a social security disability hearing.  Judges often ask questions about a claimant’s limitations, particularly with respect to certain daily activities such as: sitting, standing, walking, lifting and carrying. The more specific details and descriptions a claimant tells the judge, the more credible his or her testimony will be.  A good diary can assist a claimant when testifying about symptoms that occurred several months or even years before the hearing.

As I explain to all my clients, in Connecticut and in Massachusetts, it takes about a year to get in front of a social security judge from the date that the request for a hearing is made.  (It usually takes about two years to get a hearing from the date of the initial application.)  For this reason, a good diary can help improve the accuracy of your testimony.

One of my disability clients recently had a great experience using an android app to keep a record of his symptoms.  The name of the app is called: “Manage my pain” and it can be downloaded at    http://www.managinglife.com/download.  I welcome any feedback regarding this app.  Please let me know if you think it is helpful, whether it is user friendly and whether the free version gets the job done as well as the one that you have to purchase.

Social Security Will no Longer Use the Term "Mental Retardation"

In a final rule published in the Federal Register on August 1, the Social Security Administration (SSA) announced that it will abandon the use of the term "mental retardation" and adopt the term "intellectual disability" in its Listing of Impairments used to evaluate claims involving mental disorders in adults and children and in other appropriate sections of its rules.  

The change in language adopts the term that Congress unanimously agreed to in October 2010 when it passed Rosa's Law.  The law stripped from federal health, education and labor policy reference to "mental retardation" and "mentally retarded" and replaced these terms with "Intellectual disability" and "individual with an intellectual disability."  The law was named for Rosa Marcellino, a Maryland girl with Down syndrome. 

Although SSA was not part of the mandate in Rosa's Law, its new regulation acknowledges the negative connotations and misunderstandings about the nature of the disorder, and recognizes the importance that such a name change can have on public understanding.

Our Office will be at the Charter Oak Health Center's Fair

Our office will be at the Charter Oak Health Center's Annual Health Fair.  Stop by our table to learn more about the services provided by the office to Social Security Disability claimants.  We will be giving away key chains with our office logo.  (See pictures below.)

On Wednesday, August 14th, and Thursday, August 15th, 2013, Charter Oak Health Center will be hosting its annual health fair event, which will take place in front of 21 Grand Street (located between Hungerford and Parks Street), Hartford. This two-day event will take place from 10:00 a.m. to 3:00 p.m.
Charter Oak Health Center’s health fair is interactive, fun, and worthwhile event to promote healthy lifestyle choices, health education, and preventative medical care for greater Hartford’s residents. The event showcases health-related resources within our local community, plus free healthcare screenings and opportunities to talk with health professionals in different fields of expertise.
Event exhibitors include health care and social services agencies providing health screenings for STD and HIV, blood pressure, sugar, glucose, vision, cholesterol, dental screenings, health-related educational information, nutritionists, and of course our FREE farmer’s market. The celebration also features live music from Hot 93.7 on Wednesday, La Bomba 97.1 on Thursday, and return of the very popular photo booth, airbrush tattoo artists, and face painters!

 

The free key chains are back by popular demand!  

 

Winning a Closed Period SSDI/SSI Case

Last week, a Social Security Disability Judge ruled in my favor in a "closed period case".  A closed period is a term used to describe a Social Security Disability claim involving a claimant who is granted benefits for a fixed period of time.  Asking for a closed period, rather than for ongoing benefits is usually a wise strategy for winning benefits.
It is a good idea to exercise this option when there isn't enough medical evidence to show that the disabling condition will continue for an extended period of time.  Unfortunately, in many instances claimants loose their health insurance and can no longer afford the medical treatment necessary to show an ongoing condition.  In these circumstances, I often encourage my clients to consider asking that their benefits be granted for the specific time period that they were unable to work as a result of their physical or mental condition.  
Many judges seem to look favorably at closed period cases due to the fact that claimants who are willing to go back to work after a long injury or illness are presumed to be honest when testifying about the severity of their symptoms.  Closed period cases are also favored because these claims impose less of a financial burden on the Social Security Trust Fund.
It is important to note that to be eligible to receive benefits for a closed period, a claimant must show that his or her disability lasted a period of 12 consecutive months or more.  As I have indicated in previews blogs, Social Security Disability Benefits are not granted on a short term basis.
 

What is Considered a "Substantial Gainful Activity" by the Social Security Administration?

To be eligible for disability benefits, a person must be unable to engage in substantial gainful activity (SGA). A person who is earning more than a certain monthly amount (net of impairment-related work expenses) is ordinarily considered to be engaging in SGA. The amount of monthly earnings considered as SGA depends on the nature of a person's disability. The Social Security Act specifies a higher SGA amount for statutorily blind individuals; Federal regulations specify a lower SGA amount for non-blind individuals. Both SGA amounts generally change with changes in the national average wage index.
Amounts for 2013
The monthly SGA amount for statutorily blind individuals for 2013 is $1740. For non-blind individuals, the monthly SGA amount for 2013 is $1040. SGA for the blind does not apply to Supplemental Security Income (SSI) benefits, while SGA for the non-blind disabled applies to Social Security and SSI benefits. See historical series of SGA amounts below.
Trial work period
After a person becomes eligible for disability benefits, the person may attempt to return to the work force. As an incentive, we provide a trial work period in which a beneficiary may have earnings and still collect benefits.

Reopening a Prior Social Security Disability Claim

Today I received the great news that one of my SSI clients from Springfield, MA was awarded benefits retroactive to 2010, even though her case was filed in 2012.  I was able to get benefits this far back by asking the judge to reopen a prior claim and join it to the new claim that was pending before the administrative court.  

Obviously, my client is delighted since the reopening of the earlier claim will result is substantially more backpay benefits than originally expected.

Reopening a prior claim is one of the most rewarding things that a Social Security Disability Lawyer can do.  Believe me, its not just about the money...  I feel a special sense of accomplishment because reopening a prior claim goes against the concepts of res judicata and issue preclusion that are paramount to our judicial system.  When a lawyer reopens a prior case, he or she has a true feeling of "beating the odds" or "changing the norms" in favor of a disabled person.  Social Security Law is unique with respect to the opening of prior cases and not all lawyers seem to be aware of this peculiarity.  This is why, in Social Security cases, it is always a good idea to hire a Lawyer who spends a considerable part of his or her practice in this area of the law.   In circumstances such as the one mentioned in this blog, an experienced Social Security Disability Lawyer can make a significant difference in the amount of backpay that is awarded to a claimant.

Reopening of prior claims is allowed by virtue of 20 C.F.R. 404.988 for Social Security Disability Insurance Benefits and 20 C.F.R. 416.1488 for SSI claims. 

A prior claim may be reopened within 12 months for any reason.  The 12 month period runs from the date of the initial denial of the prior claim.

A prior Social Security disability claim can be reopened within 4 years if there is good cause.  An SSI claim can be reopened within 2 years for good cause.  One way that a claimant can show good cause is by presenting "new material" evidence to the Social Security Administration. 

SSDI/SSI Representative Payees: Rules to Remember

I often get phone calls from individuals, particularly parents, who serve as "Representative Payees" for Social Security Disability beneficiaries.  They ask me to give them information regarding their duties and responsibilities when they serve in this role.  I will use this blog to provide some basic information regarding the role of Representative Payees in the Social Security Disability Process.

 

A Representative Payee is an individual or organization appointed by SSA to receive Social Security and/or SSI benefits for someone who cannot manage his or her money. 

 

It is very important that a Representative Payee keep records of all the expenses incurred on behalf of the Social Security Disability beneficiary, even when the beneficiary is the child of the Representative Payee.  When the SSA requests a report, a payee must provide an accounting to the SSA of how the benefits were used or saved.

 

It is important to note that having a power of attorney, being an authorized representative or having a joint bank account with the beneficiary is not the same thing as being a Representative Payee.  These arrangements do not give legal authority to negotiate and manage a beneficiary's Social Security Disability and/or SSI payments.  Only persons or organizations that have applied and have been appointed by the Social Security Administration can act as Representative Payees.

 

As part of his or her duties, the payee should set up a separate bank account.  A checking account is probably best because this way the payee will be able to obtain cancelled checks and/or statements that show how the funds are spent.  When someone is a payee for a child, the Social Security Administration notifies the payee that the funds have to be placed in a dedicated account.  It is probably a good idea to ask the SSA how much money must be set up in this dedicated account.

 

It is extremely important for Representative Payee's to be aware that the Social Security Administration will send by mail a "Representative Payee Report" once  a year  and that it is important to accurately report all financial information to the Agency.  When the report is received, the Payee should either fill it out promptly and mail it back.  You can also complete the report online if you wish to.  However, you must keep a copy of for your records and have back up documentation showing how the money was spent throughout the year.