Here’s a list of the most common mistakes made in applying for disability benefits:

1. Not applying soon enough

2. Taking “no” for an answer…not appealing a denial

3. Taking “yes” for an answer-accepting a late onset (beginning) date and thus reducing the back benefit award

4. Not reapplying if the condition becomes worse after an appeal time ends

5. Not verifying that all the medical records are in the file

6. Believing a note from a doctors saying you are “disabled” is enough to win

7. Filling out a claim form before talking to a legal advisor

VETERANS’ MEDICAL RECORDS  go electronic to Social Security on Nov. 11^th Veteran’s Day. eHealth Exchange will go live to all Social Security Disability processing sites to receive medical records electronically from all VA facilities.  This should result in faster processing times for Veterans.

The Social Security Administration is proposing to change the rules regarding an Unsuccessful Work Attempt

The Unsuccessful Work Attempt (UWA) allows a beneficiary of social security disability insurance benefits (SSDI) to work after the Trial Work Period (TWP) and not have the work count as Substantial Gainful Activity (SGI) if certain requirements are satisfied. The Social Security Administration’s proposed rule changes would simplify the UWA rules by eliminating the existing requirements of work performed between 3-6 months.

The Social Security Administration proposes a rule on reporting beneficiaries to gun control data base.

The Social Security Administration proposes to report certain disability beneficiaries to the National Instant Criminal Background Check System (NICS).  The NICS requires federal agencies to submit to the Attorney General “any record of any person demonstrating that the person falls within one of certain categories of individuals excluded from owning or purchasing a firearm or ammunition by the Gun Control Act of 1968.  To learn more about the SSA’s proposed rule see: 81 Fed. Reg. 27059 or https://www.gpo.gov/fdsys/pkg/FR-1016-05/pdf/2016-10424.pdf/

The Senate addresses the need to reduce the backlog of hearings.

On May 12, 2016, a committee held a hearing to address the Social Security Administrations plan to reduce the backlog of hearing.  The plan would involve utilizing Administrative Appeal Judges at the Appeals Council to hold hearings.

A number of states have adopted laws and regulations addressing what medical facilities can charge for reproducing medical records for a patient.  In Michigan, Section 333.26269 of the Medical Records Access Act of 2004 is controlling.

Under the Act, in 2016 the initial fee is $23.34; $1:17 per page for the first 20 pages; .58 cents per page for pages 21-50; pages over 50 cost .23 cents per page. For “medically indigent” individuals, the first copy is free. (See section 9(4) of the Act).  Section 9(4) does not apply to mental health providers.

Representatives, Senators and their staff members like talking to constituents. If you have comments about your experience with the Social Security Administration contact your Congress representative.

Scammers are trying to get personal information by pretending they are there to help one with their application or claim.  A recent alert by the Social Security Inspector General warns of this “phishing” scam and whether or not you have started an application they may try to contact you to get information.  They’re taking a shot in the dark hoping you have started or completed an application for benefits and hoping you will give them a little more information over the phone to “complete the process”.  They may ask for your social security number or bank account number.  Some sites are even set up to look like the official Social Security website but are not.  The best advice – never give your social security number or bank account number over the phone.  Never wire or send money to someone to “complete the process”.

Many people with disabilities are required to take medications to help manage their condition.  Often these medications have side effects that are as troublesome as the symptoms of their disease but are necessary to lessen or contain the disease – like chemotherapy.  Many have side effects like fatigue or confusion.  The side effects of prescribed medications must be taken into account by the Social Security Administration in determining whether the claimant is “disabled”.  It is important to let your doctor know of any side effects as this will allow the doctor to make any necessary changes in your prescription and it will also be important information that will appear in your medical records for the Social Security Administration to consider when deciding your claim.

Social Security Disability benefits automatically change to Social Security Retirement benefits when the person reaches his or her normal or full retirement age.  The change will not change the amount of benefit but rather the fund that the benefit is drawn from.  The law does not permit one to receive both Social Security Disability benefits and Retirement benefits once the person reaches the “full” retirement age.  It is important to note, however, that full retirement age is not always age 65, in fact, age 65 is the normal or full retirement age for those born in 1937 or before, so your full or normal retirement age may well be at a later age.

Regardless if you have applied for Social Security Disability Insurance Benefits (SSDI) or Supplemental Security Insurance Benefits (SSI), the Social Security Administration uses a 5-Step sequential evaluation process to determine if an individual is disabled.  If the proof fails at any Step, except Step-3, a finding not disabled will be issued.

Step-5: Other Work

A finding of disabled is warranted at Step-5 if the evidence establishes that an individual cannot perform other work that exists in significant numbers in the national economy.

Regardless if you have applied for Social Security Disability Insurance Benefits (SSDI) or Supplemental Security Insurance Benefits (SSI), the Social Security Administration uses a 5-Step sequential evaluation process to determine if an individual is disabled.  If the proof fails at any Step, except Step-3, a finding not disabled will be issued.

Step 4:  Past Relevant Work

An individual has the burden to establish that the individual cannot perform the work the individual has performed (as defined in the Dictionary of Occupational Titles) in the last 15 years.