By Elizabeth Stakenborg, Esq. 

The answer to that question is - maybe.  The Social Security Administration and the Circuit Courts have created guidelines which the Administrative Law Judges must use when analyzing a claimant’s pain complaints.  Pain complaints are considered “subjective” complaints.  This means that the pain cannot be measured and it is often a question as to whether the Judge believes the claimants complaints as to whether a claim will be granted or denied.  The ALJ must first determine whether there is objective medical evidence of an underlying medical condition.  For instance, if the claimant is complaining of back pain, have there been MRI’s, x-rays, physical examinations, nerve testing which prove that there is an underlying medical condition.  These tests may show spinal stenosis, a herniated disc, nerve root impingement, muscle spasms, etc.  If there is an underlying medical condition, the Judge must then consider whether the objective medical evidence confirms the severity of the alleged pain or whether the medical condition is of such a  severity that it would reasonably be expected to produce the disabling pain complained of by the claimant.  

In addition to these factors, the Administration provides a list of factors to be used when evaluating the claimant’s complaints about the severity and persistence of the pain.  These factors include a step by step evaluation of how the pain a) affects the claimant’s ability to perform daily activities, b) the location, duration, frequency and intensity of the pain, c) factors that may cause or aggravate the pain, d) the effectiveness of the medication in relieving the pain/symptoms and whether there are side affects of those medications, e) other treatment that the claimant may have had to help relieve the pain, f) and any other measures that the claimant may take to help relieve pain.

 As you can see, there are many considerations which must be made when evaluating a claimant’s complaints of pain.  Most important is to ensure that the medical records document the treatment, objective findings and the claimant’s complaints of pain.

If you have any questions regarding a Social Security Disability/Supplemental Security Income issue, please call me for a free consultation at 352-629-0480.  You may also wish to visit our website at www.ocalaw.com

If you need help paying for medications and have no health insurance, check out  http://www.needymeds.org

Tags: Tips

If you are disabled and entitled to Social Security Disability (Title II) benefits, your dependent children may also be entitled to benefits.  It is important that you advise the Administration of your dependents and their personal information, such as date of birth, social security number and address when you file your initial application.   In this way, the Administration will not be delayed in processing the dependent benefits.  Whether your dependents are entitled to benefits will depend upon the money that you have paid into the system while you were working and the maximum family benefit that you and your dependents are entitled to.  However, if you are not entitled to receive Title II benefits but are eligible to receive Supplemental Security Income (SSI or Title XVI) there are no dependent benefits payable.  Please also keep in mind, if you are represented and your dependents are entitled to receive benefits, your representative will be entitled to a fee based upon the benefits payable up to the statutory maximum.  If you have any questions regarding a Social Security Disability and/or Supplemental Security Income claim,  please do not hesitate to contact me at 352-629-0480 or visit our website at www.ocalaw.com

Did you know, if you are eligible for a pension based upon work that was not covered by Social Security, your benefits amount may be reduced by the “Windfall Elimination Provision” or the Government Pension Offset.  If you have questions about these offsets or whether your benefits may be affected, you may wish to visit the Social Security Administration’s website at www.ssa.gov  If you have questions regarding a social security disability or supplemental security income matter, please do not hesitate to contact me at 352-629-0480 or visit our website at www.ocalaw.com

SOCIAL SECURITY

News Release

Share Your Personal Stories and Reflections to Help Social Security Celebrate 75 Years of Public Service

Michael J. Astrue, Commissioner of Social Security, today announced that Social Security is asking members of the public, as well as current and former employees, to help the agency celebrate its 75 years of public service by sharing their personal stories and reflections about how Social Security has touched their lives.  To share your story, go to www.socialsecurity.gov and click on the box that says “Social Security Celebrates 75 Years of Public Service.”  Selected stories will be edited for content and brevity and posted for everyone to read.

“On August 14, the most important and successful domestic program in our nation’s history turns 75,” Commissioner Astrue said.  “For three quarters of a century, Social Security has provided a financial lifeline to millions of Americans.  As we approach our anniversary, Social Security remains a solid foundation for retirees, the disabled, and survivors.  I encourage everyone to visit our website, share their stories, and join me in wishing Social Security a happy 75th anniversary.”

Social Security is asking people to tell how the program made a difference in their lives and the lives of their family and friends.  For example:

• How did it feel to receive your first retirement check?
• Tell us if you received survivors benefits when a loved one died.
• How has the Social Security disability program helped you?
• How did a Social Security Administration employee go above and beyond to provide you with great service?
• Current and former Social Security Administration employees: Share your memorable stories of service.

Social Security also will soon launch a video contest “How Social Security Has Made a Difference in My Life.”  Submitted videos will be posted on the agency’s YouTube channel and the winning video will be posted on www.socialsecurity.gov.  Details of the contest will be posted on the website later this week.

Social Security invites the public to view a special photo gallery that takes them on a brief journey through the agency’s 75-year history.  The photo gallery is available at www.socialsecurity.gov/75thanniversary.  A more extensive collection of history-related materials that presents both the institutional history of the Social Security Administration and the history of the Social Security program is available at www.socialsecurity.gov/history.

Social Security Celebrates 75th Anniversary; Commissioner Asks Americans To Share Their Stories

On August 14, Social Security – the most important and successful domestic program in our nation’s history – turns 75.

One of the ways we are celebrating is by asking members of the public, as well as current and former employees, to share their personal stories and reflections about how Social Security has touched their lives. 

If you or your clients want to share a personal experience or reflection in writing, please visit www.socialsecurity.gov/75thanniversary/stories.html. In addition, learn more at www.socialsecurity.gov/open/contest/index.html about how you can submit a video as part of our new contest – How Social Security Has Made a Difference in My Life.

In a recent article in JAMA, researchers found an astounding 53.1% of those suffering from a traumatic brain injury met the criteria for Major Depressive Disorder at least once in the followup period.

According to the American Psychiatric Association, major depression causes ” clinically significant distress or impairment in social, occupational, or other important areas of function.”*

*APA DSM4 TR, at 350.

Tags: Depression, TBI

The Social Security Administration considers your earnings as an employee plus net earning from self-employment for each year in calculating whether Social Security benefits are payable.  Wages are calculated before deductions for income tax, Social Security tax, dues, insurance and other deductions by your employer.  Non-work income such as inheritance, pensions, income from investments, IRA distributions, interest or other sources do not count as wages for the earnings test.  The Social Security retirement program is intended to insure against loss of earnings from work and not against the failure to have investment income.  The same is true for disability benefits.  Although your income from investments and non-work related income will not reduce your benefits under the Retirement, Survivor and Disability Insurance (Title II) program, if you receive benefits through workers’ compensation and other disability related programs, your benefits may be affected.  Any income from any source at all may affect your entitlement to Supplemental Security Income (Title XVI).  If you have questions regarding a social security disability or supplemental security income claim, please feel free to contact me at 352-629-0480 or visit our website at www.ocalaw.com

If you have applied or been awarded Social Security Disability benefits, you should know that there is a 5 month waiting period from the date that it is determined you were disabled, until you become eligible for disability payments.  The law states that social security benefits are payable only after a worker has been disabled continuously throughout a period of 5 full calendar months.  Therefore, if you are found disabled, you will be eligible for benefits beginning the 6 month of your disability.  Because benefits are paid one month after they accrue, the first month that benefits would actually be payable would be the 7 month of disability.  As an example, if you would found disabled on January 15, 2009, your first month of eligibility would be July of 2009.  Because benefits for each month are paid in the month after they accrue, your first check would be paid in August of 2009. 

If you have any questions regarding Social Security disability or Supplemental Security Income, please do not hesitate to contact me for a free consultation at 352-629-0480 or visit our website at www.ocalaw.com

When you file a claim for disability, you must tell the Social Security Administration what is preventing you from being able to work.  This could be pain, it could be depression, it could be any of a variety of medical conditions.  The main thing a judge will look for when evaluating your claim, is whether that you are getting treatment for these complaints and if your complaints are credible and supported by the medical evidence.

If you say that you cannot stand or walk too long because of back pain, the judge is going to want to see that you have discussed this with your treating physician.  Testing such as MRI’s, CT scans and nerve studies are also useful.  Breathing tests to demonstrate decreased lung capacity, cardiac stress tests to show weakness in your heart, etc.  are you used in determining whether the objective evidence supports your complaints.

Remember this when you see your physician.  You may even want to write down the problems you have had between visits so you can make sure that your doctor knows about your various conditions.  He or she may be able to help you with various treatment modalities based upon your complaints.  We also suggest you keep a diary (you may visit our website to download a sample diary).  You may want to bring along a family member in case you forget your questions.  If you have any questions about your disability claim, please feel free to call me at 352-629-0480 for a free consultation.  Or visit our website at www.ocalaw.com