Win Your Social Security Disability Case Book

Introduction

Chapter 1: Meet the Social Security Administration.

Chapter 2: Defining Disability
The SSA Definition of Disability
Do Not Presume You Are Disabled
Proving to the SSA that You Are Disabled

Chapter 3: Who is Eligible to File?
Social Security Disability Income (SSDI)
Calculating Work Credits
The Social Security Statement
Additional Requirements for Applying for SSDI
Supplemental Security Income (SSI)

Chapter 4: The Sequential Evaluation of Disability
Step 1: Are You Gainfully Employed?
Step 2: Is Your Medical Impairment Severe?
Step 3: Does Your Impairment Meet or Equal the Medical Listings?
Step 4: Can You Perform Your Previous Types of Work?
Step 5: Can You Perform Other Generally Available Work?

Chapter 5: Step 3 of the Sequential Evaluation: Meeting or Equaling the Listings
Understanding the Listings

Chapter 6: Step 4 of the Sequential
Evaluation: Can You Do Your Past Relevant Work?

Chapter 7: Step 5 of the Sequential Evaluation: Can You Do Any Other Work?
Analysis of Step 5
Determining Physical Residual Functional Capacity
Understanding the Grid Rules
Age, Education, and Past Work
Reading the Grids

Chapter 8: When the Grids Do Not Apply
Physical Nonexertional Limitations
Determining Mental Residual Functional Capacity
Summary of Step 5

Chapter 9: Filing the Initial Claim
Applying for Benefits by Phone
Applying for Benefits in Person
Applying for BenefitsOnline
Adult Disability Report
Providing Medical Records
Tips for Applying for Benefits

Chapter 10: Consultative Examinations
Why Consultative Examinations May Be Required
Your Doctor May Also Perform the Consultative Examination
The Inherent Problems Associated with Consultative Examinations
Types of Consultative Examinations
What Does the DDS Do with the Consultative Doctor's Report?
Dos And Don'ts for Consultative Examinations

Chapter 11: Developing Your Medical Evidence:Your Doctor's Role in Obtaining Benefits
Your Doctor Is Very Busy
If You Have an Attorney
Ensure that Your Doctor Cooperates with the SSA and You
If Your Doctor Does Not Support You
Who Are Acceptable Medical Providers?
Getting the Right Report from a Credible Source
Obtaining Timely Reports
Obtaining Accurate Records
Obtaining Sufficient Records
Obtaining Legible Records
Compensating Your Doctor for His or Her Time
Developing the Medical Proof that You Meet or Equal the Listings
Strategy for Winning
When to Obtain Medical Questionnaires
Submitting Questionnaires to Your Doctor

Chapter 12: If You are Denied: The First Appeal
The First Appeal: The Request for Reconsideration
Completing the Request for Reconsideration
SSA-3441-BK (Disability Report - Appeal)
SSA-827 (Authorization to Disclose Information to the Social Security
Administration)
Supplementing the Request for Reconsideration
What Happens Next
What to Do While You are Waiting
Filing a New Application While the Request for Reconsideration Is Being
Decided
If You Never Hear on Your Initial Claim

Chapter 13: If You are Denied Again: The Second Appeal
Request for Hearing Before an Administrative Law Judge
Completing the Required Forms
On-the-Record Decisions

Chapter 14: Understanding the Hearing Letter and Preparing for the Hearing
The Hearing Letter
The Acknowledgment Card
List of Exhibits
Additional Forms
Reviewing the File and Its Exhibits
Medical and Vocational Experts
Preparing for the Hearing

Chapter 15: Requesting an On-the-Record Decision
On-the-Record Decisions
Drafting an OTR Brief

Chapter 16: The Hearing
Arriving for the Hearing
Immediately Prior to the Hearing
The Hearing Room
Meet the Administrative Law Judge
How a Hearing is Conducted
The Order of the Hearing
Your Testimony
How to Conduct Yourself During the Hearing
Your Body Language Can Tell More about Your Claim than Your Testimony
American Idol and the Likeability Factor
Dos And Don'ts about Testifying
Video Hearings
Expert Testimony
Your Own Witnesses
Having Your Doctor Testify
Other Witnesses

Chapter 17: The Waiting Game: How Do You Survive?
Consider Filing Bankruptcy
Negotiate with Your Creditors
Apply for General Relief
If You Are About to Become Homeless
Presumptive Disability
Contact Your Congressperson and Senator
The Dangers of Working Part-Time
The Dangers of Attending School

Chapter 18: Favorable Decisions
Partially Favorable Decisions
The Award Letter
Medicare and Medicaid
Benefit Offsets
Overview of Workers' Compensation Offsets
Getting Around a Workers' Compensation Offset
Public Welfare Programs
Advance Payment Cases
Long-Term Disability Benefits

Chapter 19: Unfavorable Decisions and Your Right to Appeal
Appeals Council Appeals
Federal Court Appeals
Filing a New Claim

Chapter 20: Anatomy of a Social Security Disability Case
Time Line
Commentary

Chapter 21: Turning a Losing Decision into a Victory
Case #1
Case #2
Case #3
Case #4

Chapter 22: Obtaining First-Time Benefits for Children and Adults with Childhood Disabilities
Obtaining Benefits if the Child is Under 18
Defining Childhood Disabilities
Children with Severe Disabilities
Tips for Winning Children's Cases
Top Five Misconceptions about Childhood Disabilities
Obtaining Benefits for Adults with Childhood Disabilities
Highest Grade in School Completed
Satisfying the Nonmedical Requirements
Nonfinancial Requirements to Receive Benefits
Interest in Trusts
Special Needs Trusts
Assets that Have Been Invested for Your Child
Calculating the Amount of Benefits
The Representative Payee

Chapter 23: Do I Need an Attorney?
Do Not Be Discouraged By Statistics
When it Is Advisable to Seek Legal Representation
Finding an Attorney
The Fee Agreement
Negotiating Attorney's Fees

Glossary of Acronyms
Frequently Asked Questions
Appendix A: Medical Questionnaires
Appendix B: The Grids
Appendix C: Support Groups
Index
About the Author