Nolo's Guide to Social Security Disability : Getting and Keeping Your Benefits

by Morton, David A.

• ISBN13: 9780873379144
• ISBN10: 0873379144
• Edition: 2nd
• Format: Paperback
• Copyright: 2003-05-01
• Publisher: Nolo

Summary

Social Security disability is an enormous program, with hundreds of thousands of people participating each year. Consequently, it's easy for both participants and first-time applicants to get lost in the system's bureaucracy.Nolo's Guide to Social Security Disability is an essential book for anyone dealing with a long-term or permanent disability. Written both for first-time applicants and those who already receive Social Security disability, Dr. David Morton's book demystifies the program in plain English, thoroughly explaining:* what Social Security disability is* what benefits are available to disabled children* how to prove a disability* how age, education and work experience affect benefits* whether or not one can work while receiving benefits* how to appeal a denial of benefits* how to respond to a Continuing Disability Review* and much more

Table of Contents

How to Use This Book
Introduction	2	(1)
Medical and Legal Questions	2	(1)
How to Use This Book	3
What Is Social Security Disability?
Two Different Programs	2	(6)
Defining Disabled	8	(2)
Contacting the Social Security Administration	10	(1)
Frequently Asked Questions About Social Security Disability	11
Applying for Disability Benefits
Preparing to Apply	2	(1)
Applying for Disability Benefits	2	(34)
Healthcare Professionals	36	(2)
How Other Disability Payments May Affect Social Security Benefits	38	(1)
Availability and Disclosure of Confidential Records	39	(4)
Fraud and Other Crimes	43
Disability Benefits for Children
Three Benefit Programs for Children	2	(1)
Applying for SSDI or SSI Benefits	3	(12)
Disability Evaluation	15	(2)
Continuing Disability Reviews for SSI Children	17	(1)
Other Healthcare Concerns	18
Getting Benefits During the Application Process
Applying for Presumptive Disability	3	(1)
Impairments Qualifying for Presumptive Disability by Field Office	3	(2)
Qualifying for Presumptive Disability Through the DDS	5
Proving You Are Disabled
Acceptable Medical Sources	2	(1)
Medical Evidence From Treating Sources	3	(5)
The Role of Consultative Examinations in Disability Determination	8	(2)
Evidence of Symptoms	10	(2)
Other Evidence	12
Who Decides Your Claim?
DDS Basics	2	(1)
DDS Claims Examiners	2	(1)
Other DDS Administrative Personnel	3	(1)
Medical Consultants	4	(1)
If Your Claim Is Granted	5	(1)
If Your Claim Is Denied	6	(1)
DDS Corruption and Incompetence	6	(6)
Disability Redesign: Coming Danger to Claimants	12
How Claims Are Decided
Step 1. Are You Engaged in Substantial Gainful Activity?	2	(1)
Step 2. How Severe Are Your Impairments?	2	(1)
Step 3. Do You Meet the Listing of Impairments?	2	(1)
Step 4. Can You Do Your Prior Job?	3	(1)
Step 5. Can You Do Any Other Job?	4
If You Can Do Some Work
Physical Impairments and Abilities	3	(5)
Mental Impairments and Abilities	8	(2)
Claims with Both Physical and Mental RFCs	10
How Age, Education and Work Experience Matter
Age	2	(1)
Education	3	(2)
Work Experience	5	(4)
Use of Vocational Analysts	9	(1)
Vocational Rehabilitation	10
When Benefits Begin
Medical Evidence	2	(1)
Work Experience	2	(1)
SSDI or SSI Claimant	3
Reasons You May Be Denied Benefits
You Earn Too Much Income or Have Too Many Assets	2	(1)
Your Disability Won't Last Long Enough	2	(1)
The SSA Cannot Find You	2	(1)
You Refuse to Cooperate	3	(1)
You Fail to Follow Prescribed Therapy	3	(3)
Your Disability Is Based on Drug Addiction or Alcoholism	6	(2)
You Have Been Convicted of a Crime	8	(1)
You Commit Fraud	8
Appealing If Your Claim Is Denied
Deciding Whether to Appeal	2	(5)
Appeal Basics	7	(2)
Your Right to Representation	9	(1)
Four Levels of Appeal	9	(45)
Reopening of Decisions	54	(1)
Refiling an Initial Claim	55
Once You Are Approved
Disability Benefit Payments	3	(4)
Reporting Changes---SSDI Recipients	7	(7)
Reporting Changes---SSI Recipients	14	(3)
Returning to Work	17	(6)
Passage of the Ticket to Work and Work Incentives Improvement Act	23	(2)
Participation in the Ticket to Work Program	25	(9)
The Ticket to Hire Program	34
Continuing Disability Review
Frequency of Reviews	2	(2)
How the SSA Contacts You	4	(18)
Medical Improvement Review Standard	22	(7)
Children and CDRs	29	(1)
Appealing a CDR Decision	30
Your Right to Representation
When Do You Need an Authorized Representative?	2	(1)
What Can an Authorized Representative Do?	2	(1)
Who Can Be an Authorized Representative?	3	(1)
Should Your Authorized Representative Be an Attorney?	4	(1)
When and How Your Representative Is Paid	5	(3)
Notifying the SSA of Your Choice for Representative	8	(1)
Keeping Up on the Law Yourself	9
Musculoskeletal Disorders and Growth Impairments
General Information	5	(2)
Specific Listings and Residual Functional Capacity	7
Vision, Balance, Hearing and Speech
Part I. Vision	2	(3)
General Information	5	(1)
Specific Listings and Residual Functional Capacity	5	(5)
Part II. Balance and Hearing Disorders	10	(1)
General Information	11	(3)
Part III. Loss of Speech	14	(1)
General Information	14
Breathing Disorders
General Information	4	(2)
Specific Listings and Residual Functional Capacity	6	(2)
Heart and Blood Vessel Diseases
General Information	8	(4)
Specific Listings and Residual Functional Capacity	12
Digestive System Diseases
General Information	5	(1)
Specific Listings and Residual Functional Capacity	5
Kidney Diseases
General Information	4	(1)
Specific Listings and Residual Functional Capacity	5
Blood and Lymphatic Diseases
General Information	4	(1)
Specific Listings and Residual Functional Capacity	4	(1)
Skin Diseases
General Information	4	(1)
Specific Listings and Residual Functional Capacity	4	(1)
Hormone Disorders
General Information	5	(1)
Specific Listings and Residual Functional Capacity	5
Multiple Body System Disorders
General Information	3	(1)
Specific Listings and Residual Functional Capacity	3	(3)
Nervous System Disorders
General Information	6	(1)
Specific Listings and Residual Functional Capacity	6
Mental Disorders
General Information---Adult Mental Disorders	5	(3)
General Information---Child Mental Disorders	8	(4)
Specific Listings and Residual Functional Capacity	12
Cancer
General Information	6	(2)
Specific Listings and Residual Functional Capacity	8	(1)
Immune System Disorders
General Information	8	(2)
Specific Listings and Residual Functional Capacity	10
Appendices
A Glossary of Bureaucratic Terms
B Examples of Technical Rationales for Denials
C Medical-Vocational Rules
D Benefits Planning Assistance and Outreach Programs
E Protection and Advocacy Organizations
Index