Disability

You Can Help Us Enhance Our Disability Process

March 24, 2016 • By

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Last Updated: March 24, 2016

a graphic that shows Save the Date for the National Disability Forum on March 30, 2016

As a part of our commitment to bring you world-class services, Social Security is looking for ways to improve how we develop and evaluate medical evidence relating to severe limitations in attention, concentration, and persistence. The Social Security Act sets out a strict definition of disability. Our agency pays benefits to eligible people who can’t work because of a disabling mental or physical condition expected to last at least one year or result in death. This medical condition must prevent the person from doing not only their previous work, but also any other substantial work in the national economy.

Gathering and assessing medical evidence is a key part of how we make our decisions. On Wednesday, March 30, we will host our next National Disability Forum, Developing and Assessing Medical Evidence for Extreme Limitations in the Ability to Focus on Tasks.

The discussion will focus on the level of severity at which impairment-related limitations in attention, concentration, and persistence can prevent people from working.  For example, at what point does the inability to focus cause enough ‘off task’ behavior that someone would be unable to do any job in the national economy? What are employer expectations around productivity and reasonable accommodations for affected people? Are there standard tests for assessing and evaluating these ailments, and who should be consulted to evaluate a person’s capacity to focus on job-related tasks?

Your input will help us further enhance our disability determination process. You can share your ideas about how our disability determination process can better serve individuals with extreme limitations in attention, concentration, and persistence on our IdeaScale page or by commenting below.

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About the Author

Gina Clemons, Associate Commissioner, Office of Disability Policy

Gina Clemons, Associate Commissioner, Office of Disability Policy

Comments

  1. Carolyn C.

    I appreciate the opportunity to have a voice-thanks, for that. 🙂
    I have battled w/ mental health issues, since I was 17yrs old. Originally diagnosed as having depression, it eventually went to Depression w/ acute anxiety, to me “deciding” I was bipolar, at the age of 24/25-it was when I first bought a computer and had been just pouring through information online…trying to figure out “what [was] wrong” with me. Since that time, I have had lots of things added to my diagnosis-but my point in sharing all of that, is that some chronic disorders, such as bipolar disorder, with anxiety-panic attacks, which are not always as animated as the name implies-along with A.D.D., and P.T.S.D….these conditions can often “lay low”-or hide under the surface-so, they don’t always appear to be there, but they always are. They don’t go away. So, now, at the age of 40, I can look at my entire work history, and easily see the patterns of times that I have been unemployable. (The longest continuous job I had was for 5years.) Also, a good note to add here, is that oftentimes, people that have bipolar disorder will decide that they are “normal”- often feel extreme guilt over the fact that they WANT to work, they will go off of their meds because they genuinely do feel better and function better w/o them-(something like that) which w/ that condition…it makes it a lifelong process, of trying to reach the point of thriving and not just surviving. I saw the first person’s comment, at the top of this feed. The memory loss, from YEARS of playing the role of acting as a guinea pig, being prescribed med, after med-oftentimes, doctors that receive samples of newer meds in their offices, will kinda “push” you into trying those. Where again, time has shown all of us, over the last 11yrs or so, that so many of those meds that were new “back then” are now known to have detrimental side effects, in addition to all of the side effects, that were initially known to be possible. <<All of that, makes it extremely difficult to recall doctor's names, offices, dates(!!?? Nineteen ninety…whaaat?), just all of the trying to compile info about years, weeks, days, out of lives that many of us have a tough time remembering clearly, if at all. It has been a very tough, meaningless life for me, but even more importantly? For my son. Thank goodness he has turned out so well. I got lucky, very lucky. But, at the age of 40…after all of the years, of just surviving…and dying to live…I now also have some terrible health issues, as well…and I just found out the source of those, could quite possibly be due to the fact I unknowingly moved into an "at risk" community, that is sitting right next to…Cold Water Creek…a creek that had radioactive waste(Uranium, from the Mallingkrodt pharmaceutical company)buried in, under, and around it, in the 1940's. So, now with this lump in my breast, and possibly stomach and/or colorectal cancer, it sure has been an interesting and unproductive life. I don't know if anything in my contribution offers any suggestions, but I hope it sheds some light on the journey-from this side. Thank you. 🙂

    • DisabledSupporter

      Wow, my thoughts and prayers are with you. You have had quite a journey and really did the best you could.

      You are 100% right, disability is not something we ask for and it’s not something that should make us inferior. One should hope SSA would be considerate of it and respectful of us individuals, even with “invisible” disabilities as we work through trying to live life the best we can.

  2. Marcie M.

    I had a severe lumbar back injury in August 2015, and an preparing for a Laminectomy of S-1, L-1, L-2, L-3 and Fusion of L-4, L-5 and T-1. I notified this information to my case worker for my claim for disability, and he told me that he wasn’t going to do ANYTHING with my case until after my follow-up after the surgery! Why do we pay for our benefits if we can’t get them when we need them? I can’t ever do the retail work I loved ever again and I’m so deep in the hole financially now and have no family or friends to help me financially or physically.
    I have a really hard time understanding my case workers denial to even help and it just has me fuming that he’s sitting back doing nothing to help. 8 months later, and he’s done nothing but sit on my file and hasn’t even requested anything from my numerous doctors.
    When does the government do checks on the workers?

    • DisabledSupporter

      I presume you are referring to a DDS caseworker. They will often delay doing anything with your case, in your particular case to be specific, if you tell them you intend to have surgery or some type of ‘corrective procedure’. This is in hopes that the procedure will fix you, then the case worker can deny the claim and you won’t get paid.

      What’s worse, in the event you do recover, I guarantee you the case will not tell you that you can be entitled to a closed period of disability benefits for the period you were disabled.

      Your caseworker should have communicated this better to you and only SSA can be blamed for allowing these unqualified and incompetent DDS to lead you on and not help you in your time of need.

      The sad part is, and statistics show it, a lot of individuals who apply for benefits despite being fully qualified, are delayed and denied until well after they have to declare bankruptcy and lose it all. SSA won’t shed a tear about it.

  3. Richard D.

    I am totally disabled and I retired with Social Security about 12 years ago. Can I file for disability with Social Security.

    • John O.

      No.

      • prof e.

        if you are over 65, it is retirement not disability

        • Ray F.

          Social Security disability benefits automatically change to retirement benefits when disability beneficiaries attain their full retirement age. If a person has reached his or her full retirement age (Currently 66) and is receiving Social Security retirement, they will not be eligible for disability benefits. We hope this helps to clarify this issue.

  4. Richard D.

    I am totally disabled and can only claim 5,000$ for my disability. Am I able to file for disability through Social Security benefits. I retired in 1990 after completing 25 years with the Dept of The Army. I retired with Social Security in 2004. does this make me ineligible?

    • John O.

      No, disability is not paid if the condition begins on or after you reach full retirement age, 65 or 66.

    • Jenna Y.

      First of all, we thank you for your service to our country. Social Security disability benefits automatically change to retirement benefits when disability beneficiaries become full retirement age. The law does not allow a person to receive both retirement and disability benefits on one earnings record at the same time. If you have reached your full retirement age (Currently 66) and are receiving Social Security retirement, you will not be eligible for disability benefits. We hope this helps.

  5. Kirk W.

    My son has autism, he currently receives SSI. That’s okay, but as he ages, I see so much up and down changes in attention, concentration, and persistence on a daily basis. I think you’re better off limiting it to diagnosis and assume that additional changes will occur to the disabled as they age. For the initial diagnosis, can the symptoms not be found within the DSM-IV handbook? That’s just my thoughts, it’s getting more difficult to live with him, some days, I almost feel that I need the disability myself!

    • Jenna Y.

      Thanks for your question. Social Security pays disability benefits to people if they have a medical condition that has prevented them from working or is expected to prevent them from working for at least 12 months. We use the same five-step process to make a decision on each application. You may find our listing of impairments useful. We hope this is helpful.

  6. none

    I suffered a severe head injury when I was 17. Not it’s called TBI. I did not take disability, even though it was strongly suggested. instead I stopped the prescribed drugs, finished school and had a productive life. I was able to work up to my MRA without incident until I suffered an attack at work. I chose to take early retirement at a huge loss than to go through the process of proving my condition. Pride has a small part here as medical people GAWK at my MRI and ask to use my scans as learning tools. I also saw what happened to the war vets I worked with who applied for disability retirement-shameful. I do not know if anything will be done about all this, I’m just sure that my decision NOT to put my fate completely in the hands of politicians and doctors was the right one. I may suffer from vertigo now and then, but I raised 2 great kids, traveled, helped others and generally had a good life. Good Luck with what your trying to do. I believe your intentions are good.

  7. Jamie

    I am disabled and took me almost 2 years to get my disability. Yes I was denied and so I had to appeal it and hire an attorney. When social security sent me to one of there dr which he was basically a physical therapist and did some weird test on me like hold his fingers and then he did this “straight leg test” on me which at the time I didn’t know what he was doing and after he did I asked him what the hell was that because it hurt and he told me I had nerve damage. So I asked him how do I fix it. He said there’s no fixing nerve damage. I was stunned. So when I got my denial letter in the mail it stated I was DENIED my condition was SEVERE but NOT SEVERE ENOUGH! Went and hired my attorney he said he didn’t know there were different levels of severity last he knew SEVERE meant SEVERE! So then it was up to me to get the rest of the medical information and more test done to prove my L5-S1 disc was severely degenerated and that’s how I had the nerve damage. My orthopedic surgeon which he’s also a neurosurgeon too said I was disabled and no longer able to work and put that in my medical file. So don’t give up if you get denied. Especially if they say your condition is SEVERE but not SEVERE enough! If social security knows you have a SEVERE condition and no insurance like I did maybe they could do more to get the people help instead of leaving us in pain and hoping we just let it go. So fight it if your condition is Severe

    • DisabledSupporter

      Jamie, you present a common example of how a DDS’ changes the rules and then makes them up as they go. This is beyond unacceptable and SSA should have stepped in and fixed it.

      All claims should be treated the same from coast to coast, but toss in 54 (including territories) DDS’ and you have a huge problem with SSA employee’s at the DDS’ making up their own rules, their own ‘severities’, and using the Bluebook as toilet paper in the restrooms, instead of following the exact rules Congress said was okay, not a DDS’.

      SSA needs to clean house and bring all the claims back into the agency for processing and stop using unqualified state agencies to make decisions with made up rules. You are correct, severe is severe, then you move onto the listings.

  8. Premlata V.

    I had gone thru serious medical condition and my memory does not work in multiple tasks. I am also enrolled in govt. sponsored research program for Hercepton drug. My oncologist had written a letter to my previous employer to don’t assign me multiple tasks at same time. It is a disability but SS or federal/state/city does not qualify me for disability due to lack if concentration, remembering things like turning off the stove or garage door, not able to remember my exit or destination while driving, multiple tasking or following Instructions. In order to keep my brain active and support myself, I need SS to recognize my disability and issue letter so that I can get the job. I pay close to $300/mo to pay part Medicare, supplemental and drug plan coverage. My SS benefit is not enough to pay for mortgage, property taxes, insurance and car insurance and food, do I need to work part time to pay for expenses.

  9. Jim L.

    First, something has to be done about the physicians you select to do the physical exams. The one we have here simply rejects everybody! This forces us to begin the appeal process, delays everything and for some people costs a lot of money — if they aren’t discouraged and quit. I’ve known people in terrible conditions who were rejected, but should have easily qualified. Second, the law requiring employers to provide accommodations for the disabled is so general that it’s worthless. I was working nights and having terrible problems with sleep and illness and asked if I could be moved to a day shift. I was told day shifts were considered “rewards” for their favorite employees, and they refused to accommodate me. Not that they couldn’t have easily done it, but because they didn’t think I deserved being “rewarded!” Little did they realize that the night-shift work was the main cause of my less-than-stellar work performance. So I never had the chance to show them how good I could be. And finally, the application form for SS Disability is so complex and requires so much research and documentation that even a lot of people with a 4-year college degree aren’t able to make a reasonable case for themselves. Many simply hire lawyers to do it. Yes, they do it well, but you allow them to collect an inordinate amount of the award.

    • John O.

      Social Security Representatives will fill out all the forms for you. Your medical sources will be contacted for free. If you have to have a consultative exam it is free. The doctors do not reject anyone. The decisions are made based upon objective medical evidence.

    • DisabledSupporter

      Jim you make an excellent point about the exams SSA contracts through the DDS’. SSA needs to draw that back from the DDS’ and take full and complete responsibility for what happens during these supposed “exams”. Often times if something goes wrong during the exam, when a disabled person files a complaint it’s tossed in the trash at the DDS’ and the doctors are still used for future disabled persons to have problems with as well.

      SSA needs to take a strong stand about removing these doctors the second a complaint is lodged, instead of allowing DDS’ to call the show and as they say “he who pays the piper picks the tune”. What you say sounds like a scam system with the DDS’ and this doctor in your area, SSA should immediately be investigating the two and taking swift action to correct it.

  10. Patty W.

    I have mental fog from previous use of medications such as interferon and ribavirin. I am diagnosed with 3/4 cirrhosis of the liver. I can’t obtain life insurance because of these medications and conditions.
    The mental fog causes me to misunderstand information and to sometimes even while doing paper work or computer entry to unintentionally destroy the data base. I have tried the Trial Work and could never seem to hold onto it. Because I have been out of work for so long-I could only obtain night shifts where I suffer from semi-night blindness driving and fear of being a woman walking out onto unlit parking lots.
    I also suffer from major depression that does not get better-but is maintained enough to stop unreasonable thoughts or suicidal behavior.
    I also have acquired advanced degenerative disk disease (auto immune disease) from using these Hep C drugs from the year 2000. I have had 3 disks in my neck fused and I am currently receiving 3 shots a year of cortisone in my lumbar spine to allow me to walk around.
    Many people do not realize when they see me walking or lifting something light that I am disabled-They see that I can do somethings and then start piling more on me ruined my trial work experience.
    Currently, I am a volunteer for Vigo County CASA where I advocate for abused and neglected children. I cannot get paid for this work or accept a position because one of these days-I will not be able to even do this, which is very limited and done mostly from home. I have an arrangement where all my work is monitored and they understand my disability.
    I do what I can to be of some worth to society, I do not like having to be on SSDI. If the ticket to work were more lenient with no expiration date-that would keep more people in the program.

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