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01-21-2011, 05:17 PM | #11 | |||
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excellant post Mz migraine. sometimes doctors dont accurately record what you told them. thats why its a good idea to review your medical records and correct any errors before a hearing or even before you file which you are entitled to do under HIPAA.
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01-21-2011, 05:30 PM | #12 | ||
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Evidence Relating to Symptoms In developing evidence of the effects of symptoms, such as pain, shortness of breath, or fatigue, on a claimant's ability to function, SSA investigates all avenues presented that relate to the complaints. These include information provided by treating and other sources regarding: * the claimant's daily activities; * the location, duration, frequency, and intensity of the pain or other symptom; * precipitating and aggravating factors; * the type, dosage, effectiveness, and side effects of any medication; * treatments, other than medications, for the relief of pain or other symptoms; * any measures the claimant uses or has used to relieve pain or other symptoms; and * other factors concerning the claimant's functional limitations due to pain or other symptoms. The information above is from the link under evidentiary requirements. http://www.socialsecurity.gov/disabi...videntiary.htm |
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01-21-2011, 08:59 PM | #13 | ||
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Dear RlJ1959,
Sounds like you fileld the 2006 version of the application. In the 2010 version of the application you don't have the same ooportunities to anser in detail, allthough there are ways around it. The 2010 version places the claimant at an extreme disadvantage. I've attached an article I wrote between the differences in the application versions. 2010 Application In 2010 the Social Security Administration changed the application that had been in use since 2006. The focus and majority of the content of the 2010 application is on “Medical Treatment” which asks for Doctor’s contact information, “What medical conditions were treated or evaluated”, “What treatment did you receive?” and a limited list of potential tests and dates of tests. The most dramatic change is that you are not given the opportunity to explain how the limitations of your disability affect your ability to work. In the 2006 version of the application you were given an opportunity to detail your illnesses, injuries and conditions and how these affected your ability to work. These vital questions have been eliminated in the new application. In the 2010 version, Section 3 lists Medical Conditions which is an opportunity to list your illnesses, injuries and conditions and how they limit your ability to work. It’s possible to write extensive answers to this question in an attachment and expand your answer to include the limitations that interfere with your ability to work. So, in Section 8, Medical Treatment, it’s critical to answer “What medical conditions were treated or evaluated with the illness, injury or condition and most importantly mention how it limits your ability to work. As an example you’re seeing doctor for severe back pain and muscles spasms that occur multiple times a day which limits your ability to sit in a chair for more than an hour, medication lessens the pain but doesn’t eliminate the pain. You could have answered the question with a simple “back pain and muscles spasms” but it does not give the caseworker any idea of the severity, duration or frequency of the problem. Severity, duration and frequency are the three characteristics you want to include in your answer. To answer the question in this manner requires doing an attachment since there is insufficient space on the application for long sentences. When you answer what treatment did you receive for the above conditions you are ‘forbidden’ to list medications. Many have negative side effects that limit your mental or physical ability to work. Medications are listed in Section 7 of the new application and I highly recommend doing an attachment that answers the question; name of medication, name of doctor and reason for the medication but adding a fourth item, drug reactions. So in Section 7 you would write “See attachment 7” that lists the side effects. Other than the above mention major changes, the organization of the application has changed. The 2010 application basically asks the same questions just in different places. Comparison of the 2004 and 2010 Application 2006 Application Section 1- Information About the Disabled Person Section 2 –Your Illnesses, Injuries or Conditions and How They Affect You – Deleted Section 3 – Work History Section 4 – Doctors’ Information Section 5 – Medications Section 6 – Tests Section 7 – Education and Training Section 8 – Vocational Rehabilitation Section 9 – Remarks 2010 Application Section 1 – Information About Disabled Person Section 2 – Contact who knows about your condition. Section 3 - Medical Conditions Section 4 – Work Activity Section 5 - Education and Training Section 6 – Job History Section 7 – Medications Section 8 - Medical Treatment Section 9 – Other Medical Information Section 10 – Vocational Rehabilitation Section 11 – Remarks It’s natural to resist change and those of you completing the new application won’t know the difference anyway. It’s just that you have to work harder to inform SSDI how your limitations affect your ability to work. My personal opinion is that the 2010 form is less friendly to the claimant and is solely based on the doctors you see and what they say in their office notes. If you have not mentioned limitations or they have not written them down then the caseworker has no idea of how your disability affects you. The only way around this is to incorporate your limitations in your answers. Respectfully, Trudi
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Respectfully, Trudi |
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"Thanks for this!" says: | Rickey (01-21-2011) |
01-22-2011, 12:16 AM | #14 | ||
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I never let them limit me in what I had to say on an application. I would always write on the form, in the small space provided. SEE ATTACHED. Then type up all the medical information both physical and mental along with statutes, rules, copies of doctors reports, mri's, medical bills, whatever it took to fulfill the meaning of substantial gainful activity, and residual functional capacity. I left no doubt that my client was disabled. I believe rlj didn't file his application until 2009.
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01-22-2011, 03:48 AM | #15 | |||
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I was surprised that I was accepted after the first denial, but my LTD company hired a firm to advocate for SSD for me. It doesn't hurt to let your physicians know that you are applying, so they can be ready to advocate if necessary.
That said, I think my doctor listing my prognosis as "poor" went a long way in my fairly quick acceptance. I have to admit, seeing "prognosis: poor" in my medical records shook me up a bit. I guess with all the body parts I have had removed, and all the interactions, side-effects and restrictions I have on my diet, my prognosis for improving is, in fact, rather poor! If you will never improve, medically, make sure your doctor documents that clearly in your records. BTW, I was accepted for Crohn's, complicated by having had my entire colon removed, and a less than good result with my j-pouch (recurring complications.) I didn't even have to list my growing neurological complaints, which at the time were diagnosed as just peripheral neuropathy.
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01-22-2011, 04:40 AM | #16 | ||
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01-22-2011, 08:37 AM | #17 | ||
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Who paid for the procedure is not an issue SSA cares about. Having had , say, an MRI proves NOTHING. Having an MRI report that says xyz is wrong and the medical records that correlates your symtoms and physical limitations with an abnormal MRI finding is very helpful. All of that info is not on your bill.
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01-22-2011, 08:48 AM | #18 | ||
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Most disabled people haven't actually lost body parts. Being disabled doesn't mean you are ill.
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01-22-2011, 09:00 AM | #19 | ||
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Senior Member
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SSDIHelp,
Do you know if there is an online link to the new form ? (I'm about googled out)
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. Gee, this looks like a great place to sit and have a picnic with my yummy bone ! |
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01-22-2011, 12:51 PM | #20 | ||
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"Thanks for this!" says: | finz (01-22-2011) |
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