In this episode I discuss the term "residual functional capacity" and explain why your "RFC" is such an important part of your claim for Social Security disability benefits.
Technorati Tags: residual functional capacity, RFC
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In a departure from my practice of answering blog visitor questions, in this episode I am presenting an interview I recently conducted with attorney John Hogan, who represents Social Security disability lawyers in the 11th Circuit on the board of NOSSCR (National Organization of Social Security Claimant's Representatives). The issues that John and I discuss are timely in that on August 1, 2006 Social Security is launching a new disability determination process. This new process will be introduced in a few northeastern States this year, with the rest of the country being added year by year over the next seven years. John explains how the new process works, NOSSCR's role in advocating for both claimants and representatives and we both discuss our concerns about whether SSA can successfully make some of the big changes that are being planned. The interview runs about 27 minutes – which is a bit longer than my normal ssdRadio installment, but I felt that presenting this interview in its entirety made more sense than breaking it up into two shorter installments. If you are either a claimant or a claimant's rep and you have experience with or thoughts about this new adjudication process, please let me hear from you.
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In this installment, I answer three questions from listeners and I discuss Social Security's new Social Security Disability Regulations that go into effect on August 1, 2006. 1) Brenda writes to ask: "how bad does my health have to be before I can receive disability?" 2) Darrell asks: "how can I find out the status of my disability claim online?" 3) Scarlett writes: "my husband suffers from chronic pain, failed cervical (neck) surgery and he has had lower back surgery. His cervical vertebrae are fusing together on their own and he has uncontrollable spasms in his right arm and hand. His doctor will not give us a written statement. He filed is claim for Social Security disability in 2000 and the case has been appealed up to the federal district court. The district court has sent the case back to the original Social Security judge for a new hearing. Is it possible that the judge will make the right decision?" New Social Security Disability Regulations. See Troy Rosasco's post on Disabled Worker Law Blog.
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In this installment, I answer two questions from listeners: 1) Ron writes to say that he has received a notice from Social Security demanding that he repay $70,000. They contend that he has been overpaid. They have further advised him that "it is too late to appeal" and they have stopped his monthly check. Does he have any options. Reconsideration of Overpayment calculation-form SSA-561-U2 Request for Waiver of Overpayment – form SSA-632-BK 2) Liliane writes to say that he has received a favorable decision on her SSI claim but the onset date for her disability shown on the decision is the date the actual application was completed, which is about a year after she initially contacted Social Security to start the application process. She wants to know if she has any recourse to collect that missing year.
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My husband was injured in a job related accident 2002. He went though surgury a fusion on his neck. We get workman comp. right now. He has alway tried to work where now he's had to quit. We have attorney on this and all. But the doctor and all told him he needs to apply for social security disability. He has chronic nerve damage, he can't use he left arm without feeling a lot of pain. Doctors say it's going to get worse though the years. He's applied for it once and got turned down. But at that time he was still working some. But, what all that is going on with him, he got charged with a felony, It was over pot. What I'm wondering would that stop he's chance of getting disability. If it isn't can you advise me on where to go from here on this? Thank you, April S.
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Show notes for episode 2: 1. I have applied several times over the past few years but keep getting turned down. What can I do? 2. How do I report fraud in the SS disability program?
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Jonathan answers two questions about the Social Security disability process. Listen button below… 1. How do you know how much in retroactive benefits you will recover? Example: Tom applies for SSDI benefits in March, 2006, alleging that his disability began in April, 2004. Tom has a hearing in July, 2007 and wins. If the Judge accepts his argument about the April, 2004 onset date, how much will he get in past due benefits? a. At most, Tom can only get paid past due benefits for one year prior to his application date. Therefore, Tom gets past due benefits from March, 2005 through July, 2007. Starting in August, 2007, he will get on-going benefits. b. There is a five month waiting period that applies as of the onset date. Here, the five full month period starts in May, 2004 through September, 2004. Therefore, Tom gets the full March, 2005 through July, 2007 past due benefit. c. If the Judge found that Tom's disability began on February 12, 2005, the five month waiting period begins in March through July, 2005. Tom's past due benefit runs from August, 2005 through July, 2007. 2. What does the Judge do after your hearing and what are your options if you lose? a. The Judge may issue an abbreviated "bench decision" finding in your favor. b. The Judge may send the case to a "writer" for a full decision – this can take one to six months or longer. c. If you receive an unfavorable or partially favorable decision and want to appeal, you must file your appeal to the Appeals Council within 60 days after receipt of the decision.
Filed under Hearing process, Past due benefits by
Jonathan Ginsberg
