Thursday, May 24, 2012

Childhood Disability

CHILDHOOD DISABILITY

The requirements for childhood disability claims are different from that of an adult and have been the subject of relatively recent Supreme Court action. As any practitioner will tell you – winning a child disability claim is not easy. This struggle for benefits is based largely in part to the strict definitional requirements for childhood disability.
Where an adult will be evaluated under a 5 step sequential evaluation process, a child will only go through 3 steps.
1.    Is the child working at a gainful level? (If yes, the claim is denied at the first step)
2.    Does the child have a severe impairment? (If no, the claim is denied at step two)
3.    Does the child equal or meet the functional limitations of a listed impairment?
It is often at the 3rd step where the difficulty begins. After all, how do you determine a child’s “functional limitations”??
In determining a child’s functional limitations, SSA will look at the child “as a whole” under 6 domains. These domains are:
1.    Acquiring and using information
2.    Attending and completing class
3.    Interacting and relating with others
4.    Moving about and manipulating objects
5.    Caring for oneself
6.    Health and physical well being
A child must be found to be at least markedly impaired in two of the six domains to be considered disabled.  What is markedly limited? SSA defines that as “less than extreme but more than moderate”.  See how clear that is? There will be more blogs in the near future on childhood disability claims. Stay tuned!

Friday, March 9, 2012

SSA Lingo


When I first became a cop I had a terrible time memorizing the “10” codes (10-4, 10-6, 10-32, etc,etc). But pretty soon I had 90% of em down pat. To this day I bet I could still get 50% right.  Then I started my job with the Social Security Administration. On my first day I was bombarded with initials and lingo that I had no clue about. What’s worse is that one sentence could contain several words in lingo!! But alas, just like being a cop I had 90% of em down pat within a few weeks. As a claimant for social security benefits, knowing the lingo will help you better understand SSA staff when discussing your claim. If you are an attorney, you better KNOW these following terms or face looking like a fool in front of your client when the Judge asks you a question using the SSA lingo. Heres the basics...

Lingo
Translation
Meaning
AOD
Alleged Onset Date
The date you are claiming you became disabled
CDR
Continuing Disability Review
A follow up determination to see if you have remained disabled
DAC
Disabled Adult Child
A person who is now an adult but became disabled while a child
DEQY
Detailed Earnings Query
List of your income and places you worked
DIB
Disability Insurance Benefits
Social Security’s Insurance benefits for the disabled
DLI
Date last insured
The last time you are eligible for insurance benefits
DOT
Dictionary of Occupational TItles
A book of Job descriptions
DSM-IV
Diagnostic and Statistical Manual - 4th edition
The mental health “go to” book.
PIA
Primary Insurance Amount
How much $$ you get if disabled
POMS
Program Operational Manual
SSA’s instruction book 
QC
Quarter of Coverage
Earn 4 per year working at a gainful level
RFC
Residual Function Capacity
What you can do despite your disability
SGA
Substantial Gainful Activity
Sufficient work
SSA
Social Security Administration

SSI
Supplemental Security Income
Insurance for those who do not have sufficient quarters of coverage
SSR
Social Security Rulings
Policy on SSA decisions
TWP
Trial Work Period
An attempt to work after being disabled
These are the most used ones but there are several others. Remember the “meanings” section is just my own layman’s definitions. A true SSA scholar would have a conniption with some of my definitions but these should give you a working knowledge of the system. 

Friday, January 27, 2012

SSA HEARINGS - WHAT TO EXPECT


During my initial interviews I have to explain to my potential clients that most cases will end up in front of a Judge. I often sense an immediate apprehension when I use the word “Judge” or “Courtroom”.  Most people only know about Court from what they see on Law & Order. However, Social Security hearings are about the furthest thing from what is seen on Law & Order that you can imagine. But there are a few similarities that you will need to be familiar with. 
Social Security hearings are not adversarial. This means that Social Security will not have an attorney present to cross examine you. In many cases it will be just you, your representative, the Judge, and a court reporter. The Judge is neutral and while he is a part of the Social Security Administration he is not bound by any prior agency determinations on pending claim. Most hearings have the feel that you are just having a conversation with the Judge. 
Strict rules of evidence rarely apply in Social Security hearings. Hearsay is allowed and documents are do not require a foundation as you typically see in civil and criminal court. But, like we see in Law & Order, all witness must be sworn under oath with penalty of perjury.  You will be asked to raise your right hand when you swear under oath but don’t make a big deal if you raise your left one – ive seen it happen a hundred times.
When the Judge asks you a question you should answer the question. Do not tell your life story. The Judge most likely has another hearing scheduled within 45 minutes of yours so be mindful of the time. If a Judge asks you about your arm and there is nothing wrong with your arm – say so and stop. Don’t immediately jump to what your disabling condition is. He will get to that soon enough.  If the Judge asks you how long or how far you can do something don’t say “not long” or “not far”. The Judge knows you don’t have a stop watch with you all the time but he will need some sort of idea as to the answer. If the Judge asks a question about distance be sure to use a distance that is common. Don’t say “from my front porch to my neighbor’s house”. The Judge will have no idea how far that is. Perhaps you could use a city block or a football field as a guide. 
Dress normally but cleanly. There is no reason for you to wear a suit but there is also no reason for you to wear a t-shirt with holes in it that has profanity on the front. In the majority of cases the Judge will not tell you his decision from the bench. He will close the hearing and issue his decision in writing.