Dr. Patricia Farrell – Jan 15, 2020 ·
The
morning arrives like a black slate that hits you on the head, and your stomach
is in knots again. Getting up isn’t a choice for you; you can’t move. Your body
and your mind are fighting against you at every turn, and it’s been this way
for months, even years now. What happened to the person you used to be?
morning arrives like a black slate that hits you on the head, and your stomach
is in knots again. Getting up isn’t a choice for you; you can’t move. Your body
and your mind are fighting against you at every turn, and it’s been this way
for months, even years now. What happened to the person you used to be?
Have
you been able to work? Are you getting to your job regularly, and are you
completing your tasks, or do you find you can’t? Are you a patient and
receiving treatment for a psychological problem that is incapacitating you?
Maybe you need to apply for Social Security Disability
for mental impairment.
you been able to work? Are you getting to your job regularly, and are you
completing your tasks, or do you find you can’t? Are you a patient and
receiving treatment for a psychological problem that is incapacitating you?
Maybe you need to apply for Social Security Disability
for mental impairment.
It’s
not charity. Every paycheck you receive has money dedicated to pay benefits for
anyone determined to be disabled in either a physical or a psychological or an
impairment of both.
not charity. Every paycheck you receive has money dedicated to pay benefits for
anyone determined to be disabled in either a physical or a psychological or an
impairment of both.
The
process isn’t complicated, but you do need to know what documents must be
provided, how the impairments are determined, and what to do if you are denied
benefits.
process isn’t complicated, but you do need to know what documents must be
provided, how the impairments are determined, and what to do if you are denied
benefits.
The
3 Things Needed (PPC)
3 Things Needed (PPC)
Three
things are the primary abilities where benefits will be awarded or
denied; pace, persistence, and
concentration. What does each mean?
things are the primary abilities where benefits will be awarded or
denied; pace, persistence, and
concentration. What does each mean?
“The
evaluation of disability on the basis of mental disorders requires the
documentation of a medically determinable impairment(s), consideration of the
degree of limitation such impairment(s) may impose on your ability to work, and
consideration of whether these limitations have lasted or are expected to last
for a continuous period of at least 12 months.”
evaluation of disability on the basis of mental disorders requires the
documentation of a medically determinable impairment(s), consideration of the
degree of limitation such impairment(s) may impose on your ability to work, and
consideration of whether these limitations have lasted or are expected to last
for a continuous period of at least 12 months.”
Pace is
simple. You must be able to maintain the speed expected of all employees at
that job. If you can’t keep up, you fail pace, and you get one point (not
literally) toward benefits.
simple. You must be able to maintain the speed expected of all employees at
that job. If you can’t keep up, you fail pace, and you get one point (not
literally) toward benefits.
Persistence means
you do need constant supervision to do the job and can’t keep going at it
alone. Requiring constant supervision or forgetting how to do a job is another
point toward benefits.
you do need constant supervision to do the job and can’t keep going at it
alone. Requiring constant supervision or forgetting how to do a job is another
point toward benefits.
Concentration,
similarly, is the ability to retain your attention on a task to complete it in
a timely fashion. Constant distractibility would, therefore, mean that you do
not have the requisite concentration needed for a job.
similarly, is the ability to retain your attention on a task to complete it in
a timely fashion. Constant distractibility would, therefore, mean that you do
not have the requisite concentration needed for a job.
Who
Writes the Reports
Writes the Reports
Reports
of your impairments must include the symptoms you exhibit, and examples
of each should be provided. All of the reports are
primarily written by a physician/psychiatrist or a licensed psychologist. A
social worker may provide a report, but an MD usually co-signs it, or it can be
submitted as ancillary evidence.
of your impairments must include the symptoms you exhibit, and examples
of each should be provided. All of the reports are
primarily written by a physician/psychiatrist or a licensed psychologist. A
social worker may provide a report, but an MD usually co-signs it, or it can be
submitted as ancillary evidence.
One
sentence must NEVER be used in a report because it will carry absolutely no
weight whatsoever in the benefits determination. That sentence is: “The
patient is totally unable to work.” This says nothing, and that’s why it is
useless to you in your application.
sentence must NEVER be used in a report because it will carry absolutely no
weight whatsoever in the benefits determination. That sentence is: “The
patient is totally unable to work.” This says nothing, and that’s why it is
useless to you in your application.
Former
bosses, supervisors, or even neighbors can provide supporting statements of
your actions and how your psychological disability exhibits itself. These
statements are extremely helpful. One thing they provide is what is known as
your LOF, level of functioning, or GLOF,
global level of functioning.
bosses, supervisors, or even neighbors can provide supporting statements of
your actions and how your psychological disability exhibits itself. These
statements are extremely helpful. One thing they provide is what is known as
your LOF, level of functioning, or GLOF,
global level of functioning.
What
the Government Doesn’t Tell You
the Government Doesn’t Tell You
Read
all the online reports and recommendations you want, but there are at
least two things you won’t find there. Why? Because there’s a
tacit understanding regarding Social Security Disability and work in America,
and it is intended to aid those over the age of 55.
all the online reports and recommendations you want, but there are at
least two things you won’t find there. Why? Because there’s a
tacit understanding regarding Social Security Disability and work in America,
and it is intended to aid those over the age of 55.
Age
discrimination is a fact of life in the American workplace even
though there have been successful lawsuits against it. The Government passed
the laws that the Equal Employment Opportunity Commission uses
to ferret out and initiate actions in terms of workplace age discrimination.
discrimination is a fact of life in the American workplace even
though there have been successful lawsuits against it. The Government passed
the laws that the Equal Employment Opportunity Commission uses
to ferret out and initiate actions in terms of workplace age discrimination.
Now,
thanks to the digital age and the evergreen trail it leaves, the evidence
against these employers and their illegal actions are becoming easier to
collect.
thanks to the digital age and the evergreen trail it leaves, the evidence
against these employers and their illegal actions are becoming easier to
collect.
But
the US Government and the Social Security Administration is well aware that
they are pushing the tide back with a broom. They have, therefore, had a quiet
understanding that anyone over the age of 55 may be considered “unemployable”
given the prevailing bias and age plays a role as another factor.
the US Government and the Social Security Administration is well aware that
they are pushing the tide back with a broom. They have, therefore, had a quiet
understanding that anyone over the age of 55 may be considered “unemployable”
given the prevailing bias and age plays a role as another factor.
Age
can be positive when anyone is applying for disability. It’s score one for your
side. It is an important factor because your ability to earn a living in terms
of the years left before retirement is limited. Someone of 30 has many years
left to work before retirement and is less likely to receive benefits than the
55-year-old.
can be positive when anyone is applying for disability. It’s score one for your
side. It is an important factor because your ability to earn a living in terms
of the years left before retirement is limited. Someone of 30 has many years
left to work before retirement and is less likely to receive benefits than the
55-year-old.
So,
it’s not necessarily a nod to bias, but to advancing age in terms of applicants.
What else besides age is considered?
it’s not necessarily a nod to bias, but to advancing age in terms of applicants.
What else besides age is considered?
Physical
strength may be a straightforward rule; how much can you lift consistently? If
your disability were medical, you’d be expected to lift at least five pounds
regularly and not have a problem.
strength may be a straightforward rule; how much can you lift consistently? If
your disability were medical, you’d be expected to lift at least five pounds
regularly and not have a problem.
In
the case of psychological impairment, lifting isn’t considered unless you also
have a physical illness that might cause a problem, say a pulmonary or cardiac
condition. In that case, you’d have two impairments; mental and physical. These
applicants are much more likely to receive benefits.
the case of psychological impairment, lifting isn’t considered unless you also
have a physical illness that might cause a problem, say a pulmonary or cardiac
condition. In that case, you’d have two impairments; mental and physical. These
applicants are much more likely to receive benefits.
Who’s
on Your Side?
on Your Side?
Applications,
even though they have all the records requested, all the accompanying documents
and tests or letters attesting to their inabilities, can sit around for months.
Why? The person handling your case may not be able to handle the caseload given
to them, or they’re slow, or something has been misplaced. Chalk it up to human
error.
even though they have all the records requested, all the accompanying documents
and tests or letters attesting to their inabilities, can sit around for months.
Why? The person handling your case may not be able to handle the caseload given
to them, or they’re slow, or something has been misplaced. Chalk it up to human
error.
But
human error won’t stand in your way if you make one phone call that
will, miraculously, make your case stand out from all the others. What’s the
phone call, and to whom should it be addressed?
human error won’t stand in your way if you make one phone call that
will, miraculously, make your case stand out from all the others. What’s the
phone call, and to whom should it be addressed?
The
United States Senator that represents your district, has a local office.
Call them and ask to speak to someone who handles Social Security Disability
cases. Then explain that your case seems to be languishing, and you need a bit
of help right now. If all goes well, a call and a letter will go out on your
behalf.
United States Senator that represents your district, has a local office.
Call them and ask to speak to someone who handles Social Security Disability
cases. Then explain that your case seems to be languishing, and you need a bit
of help right now. If all goes well, a call and a letter will go out on your
behalf.
It’s
called “Sensitive Inquiry,”
and it has incredible power to help the system get your case moving. When paper
files were used (everything is digital now), a red sticker would have been
slapped on the front of your case, and it would have been placed on top of any
pile on an adjudicator’s desk. Now it’s probably indicated in some other
digital fashion or put into a particular digital folder.
called “Sensitive Inquiry,”
and it has incredible power to help the system get your case moving. When paper
files were used (everything is digital now), a red sticker would have been
slapped on the front of your case, and it would have been placed on top of any
pile on an adjudicator’s desk. Now it’s probably indicated in some other
digital fashion or put into a particular digital folder.
Do
You Need a Disability Lawyer?
You Need a Disability Lawyer?
Lawyers
specializing in disability law are often, I’ve found, more-than-familiar than
people at SSD with the nuances of the law. They aren’t required for your
application, however, and they do receive a fee.
specializing in disability law are often, I’ve found, more-than-familiar than
people at SSD with the nuances of the law. They aren’t required for your
application, however, and they do receive a fee.
Many
firms cherry-pick the cases they know are slam dunks. Fees are set by law, and
the more they get for you (often going back further in years for benefits),
means more for them. I neither recommend nor advise against using a specialty
law firm, but I do think larger ones may be better.
firms cherry-pick the cases they know are slam dunks. Fees are set by law, and
the more they get for you (often going back further in years for benefits),
means more for them. I neither recommend nor advise against using a specialty
law firm, but I do think larger ones may be better.
What
If You Are Denied?
If You Are Denied?
Denials
happen for many reasons, and one is that the documentation wasn’t sufficient,
or it didn’t come from the sources needed. Another reason may be that the
consultant who reviewed your case has a bias of some type. It does happen, and
it is intolerable.
happen for many reasons, and one is that the documentation wasn’t sufficient,
or it didn’t come from the sources needed. Another reason may be that the
consultant who reviewed your case has a bias of some type. It does happen, and
it is intolerable.
Apply
for a reconsideration, contact your US Senator’s office, or get yourself a
major law firm that handles these cases. Never accept a denial without decisive
action on your part.
for a reconsideration, contact your US Senator’s office, or get yourself a
major law firm that handles these cases. Never accept a denial without decisive
action on your part.
Considering
your psychological disability, however, you may not have the energy or
motivation. Let others handle it for you.
your psychological disability, however, you may not have the energy or
motivation. Let others handle it for you.
Now
is the time to call in the helpers. Call them.
is the time to call in the helpers. Call them.
Written by:
|
Dr. Patricia A. Farrell, Ph.D. Psychologist/Author/Consultant
|
||||
|
…………………………………………………………………………………….
CLICK Red BOX to SUBSCRIBE to the MS Learning Channel on YouTube
Click Red Box on banner to opt-in
…………………………………………………………………………………………..
This Article is Provided by: #MSViewsandNews
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
Visit our MS Learning Channel on YouTube: http://www.youtube.com/msviewsandnews