Smoking and Social Security Disability Benefits

At a Social Security disability hearing, your claim will be decided by an Administrative Law Judge ("ALJ"). If you are applying for disability benefits, you should be aware that there are ALJs who are biased against smokers and will use it as a reason to deny claims.

Pain and smoking
Studies have shown that smokers tend to be less responsive to chronic pain treatments. Particularly in cases of spinal surgical procedures, smoking also can interfere with healing. Everydayhealth.com states that smoking makes chronic pain worse, increases pain sensitivity and perception, and interferes with pain medication. Because of the research, there are some ALJs who believe that a claimant would not be disabled and would not have as much pain if they simply stopped smoking and will deny benefits because of it. Some ALJs also deny benefits for conditions like emphysema or other lung diseases if the claimant smokes because they believe the claimant's condition would improve by stopping smoking.


Credibility:
The ALJ may also question your believability if you say you cannot afford to see a doctor or pay for pain medication, yet you smoke. Appeals courts have agreed with ALJ's who have found that a claimant was not believable in saying that they could not afford treatment but were able to buy and smoke cigarettes.

If you are applying for Social Security Disability or SSI benefits, consider quitting to avoid the problem of ALJ bias against smokers. For additional help with your disability claim, contact a disability attorney.

Copyright (c) 2010 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

Disability Benefits for Mental Health Conditions: How Your Doctor Can Help

In order to prove that you are disabled due to a mental health condition, Social Security and/or your insurance company will want information about how your condition prevents you from working. Your doctor can help by giving specific information about how your symptoms impact the following areas at work:

Concentration, persistence, and pace

• How long can you pay attention at one time?
• How long can you pay attention over the course of a day?
• Do you need breaks more than once every two hours?
  

Absenteeism due to your psychological problems

• How many days a month would you be expected to be absent from work?
• Would you need a flexible schedule?

Ability to sustain competitive employment, 8 hours a day, 40 hours per week

• Would you need extra breaks the more you work?
• Would your symptoms worsen over the course of a day or a week if you worked?
  

Ability to understand, remember, and carry out both simple and detailed instructions and work-like procedures

Ability to interact appropriately with the public, supervisors, and coworkers

• How do you react to criticism?
• Are you cooperative?
• How do you deal with authority figures?
• Do you communicate clearly with others?

Ability to respond to normal work stress

Ability to perform simple, routine tasks

• Do you need extra supervision to carry out your duties?
• Can you finish tasks without distraction?

Your doctor should indicate your level of functioning in these areas. Do you have an unlimited, limited, or very limited ability? Are you unable to function at all in these areas?

By providing Social Security or your insurance company with this information, you will help your disability claim by giving a complete picture of your ability to work.

Copyright (c) 2010 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

Disability Benefit Tip: Meeting a Social Security Listing of Impairment

Social Security Disability claims are decided by a five step sequential evaluation. At Step 3, adjudicators evaluate claims to determine if they meet the criteria of the Social Security Listing of Impairments. If you are found to be disabled at Step 3 of the process, your claim will be approved without proceeding to Steps 4 or 5.

The Listings are divided into 14 different body systems. They describe various major illnesses and conditions and generally have very strict requirements to meet.

Although Social Security staff and adjudicators are trained to look for cases that meet a Listing, cases can still slip through the cracks. If you believe your condition meets a Listing, you can provide Social Security with documentation from your doctors to prove your claim. Give your doctor a copy of the Listing so he or she will can provide the specific information that matches the requirements of the Listing for the claim to be approved. The doctor will also usually be asked to provide objective evidence and testing, not just an opinion that you are not able to work. If your doctor is unfamiliar with the process or would like assistance completing the paperwork, you can always contact a disability lawyer.

REMEMBER: The Listing of Impairments uses very strict criteria to determine disability. Even if you do not meet a Listing, you can still qualify for benefits by proving that you do not have the functional capacity needed to work.

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

Disability Tip of the Week: Taking Medication

When prescribed medications by your doctor, it is important to be compliant. If you do not take your prescribed medications, the Social Security judge or the Long Term Disability insurance company may view your claim unfavorably because you did not follow your doctor's orders and take the medication you were supposed to. They may claim that your condition is not as serious as you report it to be since you do not take your medications.

If you are not able to take the prescribed medication, ask your doctor to write clearly in his or her notes why this is the case. For example, if you find out that you are allergic or have unpleasant side effects, this should be clearly written in your medical records.

Likewise, if you do not have the money to fill a prescription, you should make every effort to seek help from social service organizations for assistance. Again, if you are unsuccessful and still cannot obtain the medication, make sure your doctor is writing this information down.

REMEMBER: Take your prescribed medications. There are many organizations that can help you afford your prescriptions.


Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. Any content borrowed or referenced from another source is referenced by citation to the original source as noted in the text above.

DISABILITY BENEFIT TIP OF THE WEEK: Buddy Letters

While building your disability case, it is often helpful to have input from friends, co-workers, or relatives. These “buddy letters” help to paint a picture of your life before and after the onset of your disability and can be submitted to the insurance company or the Social Security Administration. You can give the following guidelines to whomever is writing the letter on your behalf.

While writing your buddy letter, be sure to follow the guidelines provided below. These guidelines were designed to help you write the most effective letter. When possible, describe concrete examples of experiences which are pertinent to your friend/relative's disability. Once you have completed your letter, his/her attorney should review the information

• Talk only about things you have witnessed.
• Do not rely on something your friend/relative may have said as material for your letter.
• Describe your relationship with your friend/relative. Include activities that your friend/relative was able to do prior to the disability, and how he/she is limited in those activities presently – Going to the park, driving a car, playing any kind of sports, or participating in hobbies. If he/she can no longer do such an activity, say so.
• Explain any lifestyle changes that you have seen in your friend/relative since the disability – Has their personal hygiene changed, are they wearing different clothing to accommodate for the disability, has their overall appearance changed at all?
• Talk about his/her ability to socialize – are their conversation skills affected by the disability, can they remember words, does their disability cause them to be easily irritable when dealing with other people?
• Describe any changes to his/her organization since the disability – Are their personal belongings still kept in order, can he/she keep track of obligations such as paying bills, meeting with people, or doctors appointments?
• Describe any changes in routine activities – Can he/she still go grocery shopping, complete household chores, care for pets?
• While completing this letter be as specific as possible. Instead of saying, “his/her head hurt,” say, for example, “she/he was wincing in pain because of a headache, she had to take 2 Advil and rest on the coach for 2 hours.”
• While writing this letter, try not to exaggerate in an effort to help your friend/relative. It has to be a truthful account of your experiences with him/her.
• Make sure to cite to particular examples throughout the letter. If he/she used to participate in a hobby, describe that hobby, how he/she participated, and how he/she is no longer able to participate. Giving dates of incidents and lengths of time are also helpful. If it took him/her 45 minutes to do an activity that normally would take 15 minutes, include that in your letter.
• Do not give a medical opinion. If you accompanied your friend/relative to the doctor, you can describe the events, however, do not say, “he/she is no longer able to work.”
• Stay within the bounds of your personal knowledge and experience with your friend/relative.

REMEMBER: To write an effective buddy letter, be specific with examples of what you have personally witnessed and do not rely on what you have heard from other people. Your letter does not need to be long to be helpful, but it MUST be truthful.

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. Any content borrowed or referenced from another source is referenced by citation to the original source as noted in the text above.

DISABILITY BENEFIT TIP OF THE WEEK: Offsets

Offsets for Long Term Disability Benefits
Depending on your Long Term Disability ("LTD") insurance plan, your LTD benefits may be adjusted to reflect other income benefits from various sources. These sources can include but are not limited to:

• Social Security Disability ("SSD") or retirement benefits
• Worker's Compensation
• Veterans Service-Connected Disability or Pension ("VA") benefits
• No-fault auto insurance settlements
• Other employer income
• Any payments from the Railroad Retirement Act
• Any state compulsory benefit act or law

For example, assume Bob is entitled to receive $1000 in LTD benefits and $800 in SSD benefits. Bob's LTD insurance carrier will deduct the $800 from his LTD benefit, leaving him with a $200 net LTD benefit.

In some instances, you may be entitled to a minimum benefit if your LTD is less than your other source of income. For example, if Bob was also entitled to a VA disability benefit of $300 a month, his net LTD benefits would be $0. However, some plans will still give him a minimum monthly payment. This amount will vary according to the plan.

If you are receiving an LTD benefit and have not been approved for SSD yet, your insurance company may estimate your SSD benefit and deduct it from your monthly payment. If they do not, be aware that if you are later approved for SSD and receive a lump sum payment, you will have to pay back the lump sum to the insurance carrier. Your insurance company will then begin deducting your monthly SSD benefit from their payment.

REMEMBER: If you are receiving LTD benefits, READ YOUR INSURANCE POLICY OR EMPLOYER'S BENEFIT PLAN. Know what sources of income the administrator or insurance company may use to offset your benefit. If you receive payments from any of these sources, make sure to tell your insurance carrier. If you do not, they will find out later, and you will have to pay them back!


Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. Any content borrowed or referenced from another source is referenced by citation to the original source as noted in the text above.

Disability Benefit Tip of the Week: How to Apply for Social Security Disability

There are three ways you can apply for Social Security Disability benefits:

• Online: At the Social Security Administration's website (http://ssa.gov/applyfordisability/). By submitting an online application, you can complete both Social Security's Application and Social Security's Adult Disability and Work History Report online.
• By Phone: Call Social Security at their toll-free phone number 1-800-772-1213, and they will schedule an appointment to call you back.
• In-Person: You can also go into your local Social Security office and tell them you want to apply for Social Security Disability or SSI benefits. To find the closest Social Security office to your home, use Social Security's zip code office locater on their website.

Before starting the application, you will want to have the following information handy:

• The name, address, phone number, and dates of treatment for any doctors or hospitals that have treated your for your condition
• The name, prescribing doctor, and side effects of any prescription medication
• Your work history for the past 15 years, including the dates of employment and the type of work that you did.

If you do not provide Social Security with this information, your case may be decided with less than a full set of facts. This may result in an unfavorable determination simply because Social Security could not get the information they needed to make a decision.

REMEMBER: BEFORE APPLYING, MAKE SURE TO HAVE A COMPLETE LIST OF YOUR MEDICAL TREATMENT, MEDICATION, AND WORK HISTORY AVAILABLE


Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. Any content borrowed or referenced from another source is referenced by citation to the original source as noted in the text above.

Why is it important to tell your doctor about the side effects of your prescription medications in a disability claim?

We see it over and over....our clients will tell us about the drowsiness, fogginess, lightheadness, or other side effects from the pharmacy of medications their doctors have them taking....but then we never see anything about it in the doctor's notes! Why is that a problem? Because disability insurance company adjusters love to say that they are not considering any claimed side effects as valid, because the doctor has not recorded them.

The insurer's theory is essentially this: if the side effects were that bad, you would tell your doctor, and he would record them.

You are probably saying that is ridiculous. We hear all the time from our clients that they assume the doctor knows the side effects....and surely, the doctor does....but it's not getting into the notes that way. We also know doctors who tells us that they do know the side effects and see no need to write them in their notes because they expect it is happening.

If you have a disability claim and your side effects would impact your ability to work, you MUST tell your doctor about them AND make sure the doctor puts it into their notes.

WE RECOMMEND THE FOLLOWING STEPS TO MAKE SURE YOUR SIDE EFFECTS GET NOTED:
1. Write down a list of your medications and describe the side effects for each - type of side effects, how often they happen, how long they last. Bring it with you to EVERY doctor you see. Write the date of your appointment on it.

2. If they have you fill out paperwork when you go into a doctor's office, write down your medications and their side effects on that paperwork....even if there is no blank for side effects on the form, write them down anyway.

3. Tell the nurse who sees you before the doctor comes in. Hand your list that you brought (see #1 above) to the nurse, and explain that you want that list put in your chart.

4. Tell the doctor about your side effects. Make the doctor listen, and explain that you would like that information put in the chart, because your insurance company says they must not be happening if your doctor is not writing your side effects in the notes.

5. Get copies of your doctors' notes every month, and check to make sure they are recording your medication side effects.

If you follow these steps, you will have less problems with an adjuster telling you that your side effects really are not that bad or that they don't impact working.