(REMASTERED) Q&A: Social Security Disability Today.8.28.2011

0:21 Good day everyone, and welcome to another edition of Q and A Social Security Disability to Day. I am your host, Anthony Rees, and let's get going. Beforehand, I got to make sure I say a special blessings out to all those who are whether in the storm of Hurricane Andrew. If you have loved ones or family members or friends who are in the area, make sure you check in on them via text or phone call. If you're in that area, please, by all means stay safe and hold out because help is going to definitely be on the way.

0:51 All right, let's get down to today's questions. First question is how do I deal with my doctor when they tell me one thing and then do something else. This question really to a medical source statement, and more importantly, it relates to what happens when you're in your doctor your doctor's office kind of follow along. You're in your doctor's office, you ask your doctor to write a letter on your behalf for the Social Security Administration. They say they do, and you ask them what they're going to put in, and they tell you, and then all of a sudden, one of two things happens. One they never do it, or two when they do do it, it's not exactly what they told you it's going to be.

1:30 So now you're in a situation where you're getting upset and you're trying to figure out, well, how do I deal with this situation where the doctor told me one thing and then did something totally different. Here's a couple of things that you need to be aware of, and I tell people this all the time. Doctors are professionals.

1:44 If they take the time to write a statement out for you, that is a courtesy. In other words, that's a favor, meaning there's nothing that obligates them to have to do it for you, especially if they do it for free. Because a lot of times doctors will do those statements or fill out those forms, they're going to charge you for that. But if you've got a doctor that you've got a great relationship with, it is very possible that they'll write a form or write a form for you, thought a form for you, or write a letter for you. Now, I always tell people that I've written this in blogs before, that the reality is you don't know what they put in your notes, so you don't know what they're going to write down. So at

2:19 the time when they're talking to you, the doctor may say yeah, I'll write something. But then by the time they've gone back and check their notes, what they may have said to you verbally might be different from the little shorthand notes they put in your chart. So I always tell people two things. First, before you start wilding out getting mad because they didn't put the letter in there the way you want to remember, they're doing you a favor. In other words, you're asking for their help.

2:41 They don't have to do it. Second of all, if there is some confusion, make just ask them politely, Hey, thank you very much for the letter. I noticed that we talked about some things I didn't see that was in the letter, as there was I wrong or anything like that. I just want to make sure. I'm a firm believer that you, you know, catch more flies with honey than you do vinegar. So before you decide to start going off on a doctor who said they're going to fill out a form for you, remember they're doing this as a favor. They don't have to do it, So keep that in the back of your mind. All right, Someone asks when and how can I get a copy of my file or excuse me, a view a copy of my file? Okay? During the social security process. You

3:21 probably already know that you can check for status at the very early phase, meaning if you are in a state that has two levels of denials, it's at the initial level or the recon level, you can check to see the status if you're at the If you're in a state with one level of denial at the initial level, you can check the status once it goes to the hearing level. If your case is electronic, you should be able to get access to your file. Now I'm going to tell you this, and I'm just going to be very bunt. I'm a representative. As a representative, i'm given the ability to view my client's files so I can see everything. I could see what's been submitted, what they have when they don't have forms and everything. If you

3:59 don't have anybody, I'll be very honest, I really don't know what to tell you. And the reason why is I'm not sure what the protocol social Security utilizes in order to allow you to see your file in advance. Now, what may have to happen is you may have to ask them to give you a copy of a CD. Say hey, can you send me a CD, and they can provide you a copy of your file. That way, representatives, we're a little different because the reason why they want us to be able to do it is so that we can upload recons to your file, download things that we need. We're doing it for a little different purpose.

4:32 And if you're just trying to look to see what's going on, So what I would tell you to do is twofold one, I would ask for a copy of a CD two. If your case is the paper file, ask for a time to go down there to copy your file. That's the best way to see what's going on. Because I'm going to tell you at the initial level, when you're either an initial or recon, or if you're just an initial level, they're not going to let you see a copy of your file. I'm just telling you that right now. If you're at the initial levels, whether the low, we'll off ut this handulate. They're not going to let you see a copy of your file. Why well, because they're still developing your case, so they're trying to get all your information together. When it's at the hearing level,

5:10 then you can get access to it, all right. Someone asked me why would I need a representative pay e? A representative Paye and I've talked about this before in situations where Social Security is concerned that there is something going on in your case about you and it's just being blne about you, that they're concerned that you may not be in the best you may not be the best person to handle your funds. Well, where does this come up. Well, let's say you have a history of drugs and alcohol. Well, they don't want you to spend your money on drugs and alcohol, so they're going to let somebody else handle your money. Maybe you have some cognitive issues like memory issues, maybe a low IQ, some indicators that maybe you are not the best person to

5:48 handle your funds. They may have somebody else do it. So though, in those instances, that's when they usually will require you to have a representative paye. Now, Social Security will typically give you the ability to demonstrate to them that you don't need one, and usually you do that through a doctor. So please don't say, well, you know, I've been doing my bills for the longest and and I'm married, there's nobody in the house, what do I need a representative pay for? That have nothing to do with why they assign one to you. A lot of times it's because of a medical reason. And what you need to do is when you think you don't need one, to talk to Social Security, ask them to tell you what you need to provide to demonstrate that you don't

6:26 need a representative. Pay e. Now have more of a philopopical question here, which I really like these, so keep them coming. Someone would be what would be the next step for the American people to do if they have been forced into this involuntary system of paying for Social Security? If they get awarded, can they sue for the remainder of the money that they were forced to pay into. Now, this is what they basically are saying to me. You're getting disability benefits, but no one gave you the option to pay into Social Security, so can use Social Security for the money they made you pay into the system.

7:01 Here's where I tell people to be very careful think about the logic behind this. You're going to see a program that awarded you benefits because they made you pay into the program that enabled you to get those benefits. You see kind of where I'm going here. It's almost like suing the state because you're required to have a driver's license. However, you can't get a car unless you have a driver's license. So you get the benefit of getting the car, but you want to sue the state, but making you have a driver's license. The two just don't go together. You can't sue on one idea and try to get the benefit of the other. And I always remind people all the time for those people who really raise cane about Social Security money being taken out

7:40 of their check. When I stop and I look at them, I say one thing, Do you have a saving's account? Well no, they have a retirement account? Well no? Four on okay, well no, let me ask you this question. You have APPLA, no long term disability? No? Okay. So if you get hurt today, who are you planning to do it? Who you plan on contact with you? Now?

8:02 If you haven't paid into the system, how do you expect to get that money? And then they look at you like I'm crazy, and I'm like, I'm not trying to be funny. People fail to realize, and I'm going to jump to my question here. When someone asked, how does the recent talk about Social Security running out of the money affect those who are applying for Social Security now and in the future? Will lets people get approved?

8:20 Let me be blood. The social security system has been a staple of our society for over seventy five, well seventy six years. It was in terms of social security itself. At the end of the day, if you have nothing, our country and their wisdom realize that this is the best way to ensure Americans have some safety net. People.

8:46 This is your safety net. If you have no retirement. It may not be a lot, but it's something as opposed if you have nothing. If you get disabled, this is something. If you don't have afflic or some long term disability program of that jarepan into some four one. Okay, this is for your benefit. I've said this before, and I said it in a blog post on here not too long ago, on my blog on Legal beat Down Anthony Reeves dot Com, I said it very nicely. Do I think social Security is going away? Not really personally, I oh. Do I think that the version of social security that we have now will be in existence several years from now. Absolutely, I don't believe this, and I don't believe it will be the same version. They are

9:25 already making moves now, meaning they recently passed a ruling where if you're applying and you've gotten denied by a judge, and then you want to reapply based on the same impairments that you've got denied. You have to have a choice. You either file a new application and drop that old one, or you appeal that old one. But you can't do both.

9:44 So they're already trying to work out ways to streamline the process. So do I think that the system will change? Absolutely? Do I think it's going anywhere. I don't think it's going anywhere anytime soon. But just keep in mind, this is one of those things where you need to be very active and be very vocal with your ungresman and your senators because the system that you have today is going to be different than tomorrow. All right, do you other questions We've got here, Ah, two questions. What's the likelihood that I will get approved for Social Security for opt migraines, attractable migraines and depression. You're not going to like this answer, And this is the one answer I tell people all the time. Can you get disability benefits

10:22 for a variety of conditions including this one? Yes, you can? What does the likelihood have? No idea? Now Here's why I say that it depends on what your medical records to say. And sometimes what people will do is they'll send me messages and they'll send me this all breakdown of what they with their medical records, or at least their interpretation of the records tells them. And invariably I tell people lit them, I've been doing this for almost ten years. I got to see what the medical records say.

10:48 Your medical records in their entirety will tell me whether your condition is one that will get your disability. One thing I try to tell people all the time is that there are conditions out there that you are guaranteed to get disability just because you have it. Even cancer is not a guarantee, depending on the type of cancer.

11:10 So I always tell people all the time to be mindful of the fact, to be mindful of the fact that at the end of the day, the important thing is that you're going to get treatment for your treatment for your conditions. Don't focus so much on what the condition is. Focus on getting the treatment you need to prove that you're disabled all right, final quickly, what are the appropriate state steps to take with my insurance company who wants me to apply for those security While I'm getting long term disability and want to represent me on my social scurity disability claim. I told this to people in the past. When you're applying for long term disability, it's not uncommon for the long term disability carrier to

11:48 require you to apply for Social Security because what that does is it allows them the mechanism to be reimbursed for their moneies that they pay you if it's determined that you're found disabled later. Long term disability. It's an awesome asset for you because they can provide you forms, because they provide poems to the docs, they can take care of the medical records and remind you. With long term it really helps you have additional money coming in, so you have two and three things that are beneficial to you. Do you have to use their attorney? Not necessarily.

12:15 You can always tell them that you don't want to use their attorney, you'd like to hire your own. But I always tell people that the first thing you need to look is look at what the policy says, and then then you need to make the determination of whether or not you want to use their resources. Here's the other thing I remind people with long term disability is that because their policies require you and some insists to reimburse them for any money you receive. Read that policy carefully so you don't get freaked out through the disability process.

12:45 All right, everyone, I want to thank you again for joining me for another edition of Q and A Social Security Disability today. I am your host, Anthony Reeves. Keep those questions coming, and I want you to all have a wonderful day. Take it the fact botus protest to the passing consisting fact botus pest to the passing consist in fact buses to the