Supplemental Security Income (SSI) is a disability program that is a needs-based program that takes into account your income and resources in determining your entitlement to Social Security Disability benefits.

While you must meet the disability requirements of any disability applicant, you must meet certain income and resource requirements.

Social Security will consider any wages, unemployment, short and long-term disability, land, checking accounts, vehicles, spouse’s income when determining whether you’re entitled to SSI. If you meet both the medical disability and income requirements, you will receive monthly disability benefits.

Individuals who are not insured for Social Security Disability benefits purposes because they do not have sufficient credits accrued become eligible for SSI. Unfortunately, many are not entitled to SSI because of their resources and income. For more information about the resource and income requirements for SSI, contact Sharon Barrett at Cavey & Barrett, your Tampa based Social Security Disability experts by clicking the link or give us a call 727-894-3188.

The Social Security Administration can require a consultative examination known as a CE for short. This can be scheduled by the disability examiner at the initial claim and reconsideration stages and by an administrative law judge at the hearing stage.

Most often these consultative examinations are scheduled because your records indicate that you haven’t seen a doctor recently or because there might be a condition for which you never received treatment. I have written an article about preparing for you consultative examination.

If the disability examiner or judge notes in your medical records that you are “depressed” or “anxious,” the Social Security Administration may be obligated to send you for a mental consultative examination even if you don’t claim to be depressed or anxious on your application and never sought treatment.

Many disability claimants are surprised when they receive a letter from the Social Security Administration scheduling them for a mental consultative examination when their disability application is filed on the basis of a pure physical problem such as a heart problem, degenerative disc disease, or diabetes.

If you are scheduled for a mental consultative examination, we suggest that you call Tampa St. Petersburg Social Security Disability lawyers, Cavey & Barrett to discuss what will occur during that evaluation, how you should prepare for that evaluation and how you should present yourself.

When your Social Security Disability Claims is sent to the Social Security Disability office it is sent to the Disability Determination Office. It is then assigned to a Social  Security Disability Claims Examiner who does 7 things in evaluating your disability claim.

Those 7 things are:

1. The Disability Claims Examiner assigned to your case will send medical records request letters to your various medical providers that you listed at the time of your initial application.

2. After your medical records have been received, the Disability Claims Examiner will read and evaluate them.

3. The Disability Claims Examiner will determine whether or not you have a physical or mental condition that meets the requirements of a listing. If your medical condition does not meet a listing, the Disability Claims Examiner will determine your functional capabilities based on reading your medical records.

4. The Disability Claims Examiner will submit his assessment of your Residual Functional Capacity to a staff physician who will review the form to determine what you can still do and what you are incapable of doing from a mental and/or physical standpoint.

5. The Disability Claims Examiner will review the physician-approved Residual Functional Capacity and determine whether or not your restrictions prevent you from doing the lightest job you held in the last 15 years.

6. The Disability Claims Examiner will also determine if those restrictions and limitations make it impossible for you to do other suitable work.

7. If the Disability Claims Examiner determines that you cannot return to your lightest job and that you can’t perform other suitable work, you will be approved for Social Security Disability benefits.

When the Disability Claims Examiner determines your functional limitations and compares them to the work that you did in the past and other work that might be available based on your age, education and job skills, he performs a medical/vocational determination.

The Residual Functional Capacity determination by the Disability Claims Examiner and staff physician is rarely accurate. Sharon Barrett, a St. Petersburg/Tampa Social Secuirty Disability lawyer, has your treating physician complete the right Residual Functional Capacity form  for your medical condition so that the Social Security Administration has your treating physician’s opinion about your functional capabilities.

It is crucial to the success of your Social Security disability claim that your physican be given the right residual functional capacity forms!

Without a doubt, you can improve your chances of winning at the disability hearing stage by finding a qualified Social Security Disability attorney, such as Sharon Barrett, who is based in Tampa/St. Petersburg.
Sharon will assist you in obtaining your medical records, getting a Residual Functional Capacity sheet completed by your physician, and submitting this documentation to the judge who will be hearing your Social Security Disability case.

Social Security lawyer Sharon Barrett will also assist you in preparing for your Social Security Disability hearing.

Well, you’re in big trouble! There can be an assessed overpayment that can run into thousands of dollars that will follow you to the grave. Social Security can recoup over-payments until you die. Alternatively, they can stop your benefits, which means you’ll have to start all over again in the disability evaluation process and prove that you are disabled. Remember that you are jeopardizing your entitlement to Medicare or Medicaid if you work while receiving Social Security Disability benefits or SSI.

Please note that at the Tampa Bay Social Security Law firm, Cavey & Barrett, we do not represent individuals who work while collecting Social Security Disability benefits.

At Cavey and Barrett, your Pinellas and Hillsborough County Social Security Disability lawyers, we are ofter asked “Is it hard to get Social Security Disability benefits for a mental problem?”

Unfortunately, Social Security Disability applicants with psychiatric problems are routinely denied Social Security Disability benefits.

Unfortunately, disability claims examiners who make the decision about your initial disability application and reconsideration have very little training in evaluating mental impairments and their insight into those conditions is non-existent.

They will read and summarize your medical records and take them to a unit psychologist for review.

Unfortunately, the unit psychology consultants are not very good and routinely render inaccurate opinions about the mental Residual Functional Capacity forms.

At Cavey & Barrett we work closely with disabled Social Security applicants with psychological and psychiatric problems. We consult with your mental health counselor and secure documentation of your ongoing treatment. We will have your mental health counselor complete Residual Functional Capacity forms that accurately reflect the impact that psychological problems have on your ability to function.

Attorneys Nancy Cavey and Sharon Barrett are nationally recognized for their expertise and contribution to the field of Disability Law. With their new book “What You Should Know Before Filing Social Security Benefits” they have provided the consumer with an essential tool. Disability, whether it is yourself or a family member, can be a very difficult time in one’s life. This book can protect the reader from making critical mistakes that could have disastrous results for the disabled and their family. If you are concerned about Social Security Disability benefits this book is a must read.

Vaughn DeKirby, Disability Attorney

San Franciso, CA.

The decision to file for social security disability is an important one. An error or wrong turn can result in a denial or
significant delay of often much-needed benefits. It would be a serious mistake to file your application without the clear and
cogent information in this helpful book.

I highly recommend the book, and its authors, to anyone who wants to get it right the first time.

Brenda Hollingsworth
Ottawa, Lawyer

No. 50 – I’ve had a heart attack. Am I eligible for Social Security Disability benefits?

A heart attack occurs when there’s an interruption in the blood supply to some part of your heart. You may have symptoms such as fatigue, shortness of breath, weakness, angina pressure or complication, nausea, and vomiting.

Cardiac therapy can include oxygen, pain relievers, blood thinners, or even surgery.

Individuals who have heart attacks may qualify for Social Security Disability benefits. If your heart condition satisfies the requirements of the conditions listed in the cardiovascular section of the impairment-listing manual, you will be entitled to Social Security Disability benefits. Alternatively, you may qualify for disability benefits if your resulting condition causes you to be unable to engage in the lightest work you have done in the last 15 years or are unable to engage in other forms of work.

Your eligibility for Social Security Disability benefits does not depend upon what your doctor has diagnosed or the number of heart attacks that you have had. The Social Security Administration will evaluate your Residual Functional Capacity for your ability to work.

The Social Security Administration will also determine your functional capacity as it exists three months after the occurrence of the heart attack because they want to see whether or not your ability to work has improved or changed in any fashion. As a result, it may take longer for the Social Security Administration to evaluate your claim for benefits.

If you have any questions regarding your entitlement to Social Security Disability benefits as a result of a heart attack or any delay in your Social Security Disability claim process, contact Cavey & Barrett, the Pinellas and Hillsborough County Social Security Disability attorneys.

The Social Security Administration has announced that the 2009 cost-of-living adjustment for Social Security and SSI beneficiaries will be 5.8%. This is the largest increase since 1982. In 2008, the cost-of-living adjustment was a meager 2.3%.

If you have any questions about the cost-of-living adjustments, go to the Social Security Administration’s website which is found at www.SSA.gov. You’ll find a complete chart of the 2008 changes and a wealth of other information on this website.

For information about your rights to Social Security Disability Benefits, order your free copy of “Your Rights to Social Security Disability” which was written by Tampa Bay Social Security disability experts, attorneys Nancy Cavey and Sharon Barrett.