12 Disability Approval Secrets – Interview With James Mitchell Brown

Tips for Getting Disability Benefits Approved

When applying for Social Security Disability Benefits, it's important to wait until you've been off work for four to five months before filing. This gives the person making the decision enough time to review your case and determine if you'll be off work for 12 or more consecutive months. Additionally, gathering medical evidence quickly can help your case. If you're denied, it's almost certain you'll be denied again the second time, so it's important to get it right the first time. Following these tips can help increase your chances of getting your benefits approved.

The Artist in Filing a Claim

Filing a disability claim requires an artistic approach. It's not enough to simply state the last thing that happened. Instead, paint a picture of yourself from the top of your head to the bottom of your feet. Include everything you possibly can about your condition, even if it's something you've been compensating for years. A future diagnosis can also be considered, such as the emotional overlays that come with physical problems. Seeing a psychologist for three to five visits can help with the mental component of your claim. It's also important to have a therapist who can vouch for your credibility. This approach can help ensure that everything you're alleging is legitimate and increase your chances of a successful claim.

Timeframe for Submitting Medical Records

When it comes to legal proceedings, medical records play a crucial role in determining the outcome of a case. The timeframe for evidence collection depends on the nature of the case. For instance, in cases of injury, it is important to collect all records from the date of the injury forward. However, in cases of ongoing medical conditions, records from a few months before the individual stopped working are sufficient. It is important to highlight the most important information in the records to ensure that the judge is aware of the key details. In some cases, it may be necessary to collect older records to show the progression of a medical condition. Overall, medical records are essential in providing evidence and supporting claims in legal proceedings.

Importance of Submitting Medical Records

Obtaining medical records is crucial for disability applicants to ensure that their claims are not denied due to missing or incomplete information. While it is the responsibility of Social Security to obtain medical records initially, there are often time limits and delays that can result in a denied claim. By proactively obtaining and submitting their own medical records, applicants can ensure that their claims are complete and accurate. It is important to request office records directly from healthcare providers and to provide a summary of the key points in the records to aid in the evaluation process. By taking these steps, disability applicants can increase their chances of a successful claim.

Submitting Medical Records and ADL Form

When filling out the Activities of Daily Living form for disability claims, it is crucial to provide detailed information rather than just checking boxes. This form is one of the most important forms to fill out, and it is essential to paint a picture of your daily life. For instance, when asked if you make breakfast, don't just check yes, describe what you make and how it affects you. If you take naps during the day, say so. The more details you provide, the more the decision-makers can understand your situation and the challenges you face every day.

Credibility in Disability Claims

When applying for disability, credibility is crucial. High earnings can be a good indicator of credibility, but low earnings on a credible claimant are also excellent. Honesty is key, even if it may seem detrimental to your case. Exaggerating or overplaying your job title can hurt your credibility. Instead, focus on the tasks you performed and be honest about your limitations. If you're emotional, it's okay to let it out, but don't force it. When discussing your past work, talk about how much you had to lift and how long you had to stand. By being honest and straightforward, you can improve your credibility and increase your chances of approval.

Assessing Work Limitations

When it comes to determining employability for individuals with chronic illnesses, there are several crucial questions that doctors need to answer. These include how many days per month the person will be off work, what percentage of the day they can be off-task, and how many unscheduled breaks they will need per day. Depending on the answers to these questions, the person may be deemed unemployable. It's important for individuals to keep a journal of their day-to-day activities to provide evidence of their limitations. While the doctor's assessment is crucial, it's not always the final say, and individuals may need to provide additional evidence to convince state agencies or ALJs of their limitations.

Physician's Perspective on Denial of Claims

To increase the chances of patients getting approved for disability benefits, physicians should provide complete office records along with their reports or forms. Medical short statements are a good start, but they should be accompanied by detailed information about the patient's diagnosis, treatment, and response to medication. Physicians should also fill out residual functional capacity reports or medical source statements, which provide information about the patient's ability to perform daily tasks. It's important to use Social Security's language and to be specific about the patient's limitations. Finally, physicians should submit all records on time to avoid delays or denials.

Consultative Exams and State Medical Examiners

During Social Security Disability consultative exams, it is important to avoid answering questions that may lead to a diagnosis of compensation neurosis. Instead, respond with statements such as 'I just wish I felt better' or 'no amount of money will take care of what's happened in my life.' This can prevent the doctor from writing a report that may hurt your claim. Additionally, it is crucial to obtain a copy of the consultative exam and send it to your attending physician. This can help your physician understand what the examiner wrote about you and provide a more accurate diagnosis. By following these tips, you can increase your chances of a successful Social Security Disability claim.

Q&A Session

Navigating the SSDI process can be challenging, especially when it comes to waiting for a decision. The length of time it takes to receive a decision from the Office of Hearings Operations (OHO) can vary depending on the judge and the complexity of the case. While some judges may issue a decision in as little as two weeks, others may take up to nine months. It's important to keep in mind that favorable decisions are reviewed by someone in Virginia, and about 5% of those are either reversed or sent back for a new hearing. It's also important to keep detailed records of doctor's appointments and medications to help support your case.

Appealing Disability Decisions

If you have been denied after a mental CE, don't give up yet. You can file an appeal online or find a representative to help you. If someone refuses to take your case, ask them why and what you can do to improve your chances. It's worth fighting for if you can't work. Get a second or third opinion before giving up. Some large national firms refuse to represent anyone under age 50, so it's important to find the right lawyer. The best lesson I ever learned was that creativity is the difference between being average and excellent. Sometimes all it takes is someone to look at your case differently and say, 'I can help you, here's how we're gonna do it'.

Application and Decision Process

Navigating the Social Security Disability process can be challenging, especially when it comes to proving ongoing disability. Even if you have been stable with medication for a while, it may not be enough to work. If you are 12 to 20 months from full retirement age, it is considered advanced age, and you should wait until you are off work three months to apply for disability. If your application is stuck, leave a message to inquire about the status. Remember to prepare for your hearing court and know the type of hearing you will have.

Proving Disability for Diabetes and Neuropathy

If you're considering filing for disability with diabetes and neuropathy, there are a few things you should keep in mind. First, if you're still able to work, you should continue doing so. However, if you're unable to work, it's important to keep a detailed record of your falls, blood sugar levels, ER visits, and doctor appointments. Additionally, if you have other health issues, such as hypertension, hearing or vision problems, migraines, or internal organ problems, make sure to document those as well. Lack of sleep can also exacerbate diabetes, so it's important to get enough rest. If all of this is documented and your doctor is aware of your falls, your chances of getting disability are excellent.

Challenging a Denied Disability Claim

Individuals with mental illness often face stigma in the workplace, which can lead to discrimination and denial of disability benefits. In a recent case, a person with bipolar disorder was denied disability benefits because the judge did not believe their condition was a disability. This highlights the need for better education and awareness about mental illness in the workplace. Employers should provide reasonable accommodations for individuals with mental illness, and medical professionals should provide accurate and detailed statements about the impact of mental illness on an individual's ability to work. It is important to challenge stigma and advocate for the rights of individuals with mental illness in the workplace.

Continuous Disability Review for Heart Surgery and Tumor Surgeries

If you have undergone heart surgery, have a 490% blockage, and have had five tumor surgeries, you are supposed to be reviewed every three years. Once you hit the age of 57 or 58, the reviews should stop. During the review, you will be asked questions about your doctor's appointments, medication changes, and bad days. To make the review process easier, keep a log of every doctor's appointment, medication changes, and bad days. Write down anything that made it a bad day. When you fill out the review form, attach the log to it. This way, the reviewer can see the dates and details of your appointments and bad days.

Understanding Disability Listings

A diagnosis is not equivalent to a disability. It is important to understand that a diagnosis only indicates that something has been diagnosed, but it does not necessarily mean that it is disabling. To be considered disabled, the condition must cause certain limitations that affect the individual's ability to function. For instance, having stage four cancer does not necessarily mean that one is disabled if it is not affecting their ability to work full-time. Similarly, spondylosis is only considered disabling if it affects the individual's ability to perform certain physical activities. It is crucial to fill out the activities of daily living and the application form to provide detailed information about how the condition is disabling.

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