Cover image for Nolo's guide to social security disability : getting & keeping your benefits
Title:
Nolo's guide to social security disability : getting & keeping your benefits
ISBN:
9781413327274
Edition:
10th ed.
Physical Description:
445 pages ; 23 cm.
General Note:
Includes index.
Added Corporate Author:
Summary:
This comprehensive book covers both SSDI and SSI, shows the reader how to prove a disability, and explains how one's age, education, and work experience affect his or her chances. Parents will find special information about benefits available to children with a disability. The reader will learn how to: find the disability criteria for a medical condition, prove the severity of a disability, appeal if one is denied benefits, work part time while keeping benefits, prepare for a Continuing Disability Review, and more. This book also contains filled-in samples of all the forms needed, including the SSDI and SSI disability applications. --
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Summary

Summary

Qualify for Social Security disability benefits, quickly and easily

This comprehensive and compassionate book covers both SSDI and SSI, shows you how to prove a disability, and explains how your age, education, and work experience affect your chances. Parents will find special information about benefits available to children with a disability.

Learn how to:

find the disability criteria for your medical condition prove the severity of your disability appeal if you're denied benefits work part time while keeping your benefits prepare for a Continuing Disability Review and more.

Plus, this book is packed with filled-in samples of all the forms you'll need, including the SSDI and SSI disability applications.

This new edition covers:

changes to how attorneys' fees are paid at the federal court level the addition of reconsideration as an appeal step to some states, and new discussions of getting disability for migraines, carpal tunnel syndrome, knee and hip replacements, chronic fatigue syndrome, and fibromyalgia.

With Downloadable Disability Listing : Find out if your medical condition qualifies under one of Social Security's 200 disability listings (details inside).


Author Notes

David A Morton III, M.D., was a consultant for Disability Determination Services for 14 years, serving as Chief Medical Consultant for eight years. Dr. Morton has authored several books on Social Security disability for attorneys and judges.


Table of Contents

Introduction: Your Social Security Disability Companionp. 1
Medical and Legal Questionsp. 2
Medical Listingsp. 3
Quick Disability Determination (QDD)p. 5
1 What Is Social Security Disability?p. 7
A Two Different Programsp. 8
B Denning Disabledp. 18
C Contacting the Social Security Administrationp. 21
D Frequently Asked Questions About Social Security Disabilityp. 22
2 Applying for Disability Benefitsp. 27
A Preparing to Applyp. 28
B Applying for Disability Benefitsp. 28
C The Role of Health Care Professionalsp. 73
D How Other Disability Payments May Affect Social Security Benefitsp. 75
E Availability and Disclosure of Confidential Recordsp. 78
F Fraud and Other Crimesp. 84
3 Disability Benefits for Childrenp. 87
A Three Benefit Programs for Childrenp. 88
B Applying for SSDI or SSI Benefitsp. 90
C Disability Evaluationp. 103
D Continuing Disability Reviews for SSI Childrenp. 107
E Other Health Care Concernsp. 108
4 Getting Benefits During the Application Process (SSI)p. 111
A Applying for Presumptive Disabilityp. 113
B Impairments Qualifying for Presumptive Disability by Field Officep. 114
C Qualifying for Presumptive Disability Through the DDSp. 116
5 Proving You Are Disabledp. 119
A Acceptable Medical Sourcesp. 120
B Medical Evidence From Treating Sourcesp. 121
C The Role of Consultative Examinations in Disability Determinationp. 131
D Evidence of Symptomsp. 134
E Other Evidencep. 137
F Expedited Determinationsp. 137
6 Who Decides Your Claim?p. 145
A DDS Basicsp. 146
B DDS Claims Examinersp. 148
C DDS Organizationp. 148
D Medical Consultantsp. 149
E If Your Claim Is Granted -152
F If Your Claim Is Deniedp. 153
G DDS Corruption and Incompetencep. 154
H Quick Disability Determination Unit (QDD)p. 163
7 How Claims Are Decidedp. 165
Step 1 Are You Engaged in Substantial Gainful Activity?p. 166
Step 2 How Severe Are Your Impairments?p. 166
Step 3 Do You Meet the Listing of Impairments?p. 166
Step 4 Can You Do Your Prior job?p. 169
Step 5 Can You Do Any Other Job?p. 169
8 Whether You Can Do Some Work: Your RFCp. 171
A RFC Analysis for Physical Impairments and Abilitiesp. 173
B Mental Impairments and Abilitiesp. 182
C Claims With Both Physical and Mental RFCsp. 185
9 How Age, Education, and Work Experience Matterp. 187
A Agep. 188
B Educationp. 190
C Work Experiencep. 193
D Use of Vocational Analystsp. 199
E Vocational Rehabilitationp. 201
10 When Benefits Beginp. 203
A Medical Evidencep. 204
B Work Experiencep. 205
C SSDI or SSI Claimantp. 206
11 Reasons You May Be Denied Benefitsp. 209
A You Earn Too Much Income or Have Too Many Assetsp. 210
B Your Disability Won't Last Long Enoughp. 211
C The SSA Cannot Find Youp. 211
D You Refuse to Cooperatep. 211
E You Fail to Follow Prescribed Therapyp. 212
F Drug Addiction or Alcoholism Contributes to Your Disabilityp. 217
G You Have Been Convicted of a Crimep. 219
H You Commit Fraudp. 220
12 Appealing If Your Claim Is Deniedp. 221
A Deciding Whether to Appealp. 222
B Review the Rationale and Your File From the SSAp. 226
C Appeal Basicsp. 230
D Your Right to Representationp. 232
E Five Levels of Appealp. 233
F Reopening of Decisionsp. 286
G Refiling an Initial Claimp. 287
13 Once You Are Approvedp. 289
A Disability Benefit Paymentsp. 291
B Reporting Changes-SSDI Recipientsp. 296
C Reporting Changes-SSI Recipientsp. 308
D Returning to Workp. 313
E Passage of the Ticket to Work and Work Incentives Improvement Actp. 322
F Participation in the Ticket to Work Programp. 328
G The Ticket to Hire Programp. 340
14 Continuing Disability Reviewp. 341
A Frequency of Reviewsp. 342
B How the SSA Contacts Youp. 345
C Medical Improvement Review Standardp. 367
D Children and CDRsp. 377
E Appealing a CDR Decisionp. 378
15 Your Right to Representationp. 379
A When Do You Need an Authorized Representative?p. 380
B What Can an Authorized Representative Do?p. 381
C Who Can Be an Authorized Representative?p. 382
D Should Your Authorized Representative Be an Attorney?p. 382
E How to Find a Disability Attorneyp. 383
F Notifying the SSA of Your Choice for Representativep. 384
C When and How Your Representative Is Paidp. 385
H Keeping Up on the Law Yourselfp. 391
Appendix
A Glossary of Bureaucratic Termsp. 393
B Examples of Technical Rationales for Denialsp. 397
Form SSA-4268, Denials From initial Applicationp. 398
Form SSA-4268, Denials From Continuing Disability Review (CDR)p. 402
C Medical-Vocational Rulesp. 413
D How to Use the Medical Listings on Nolo.comp. 421
List of Files on Nolo.comp. 422
Indexp. 423