Back Pain and the Disability System A First Person Perspective

Back Pain and the Disability System - A First Person Perspective
By Timothy Moore

One of the most commonly listed impairments on social security disability and ssi disability applications is lower back pain. Why is this condition so common? Well, it's simply due to the way humans are built. The lower back area (particularly L5-S1) is the point at which we bend to pick up things and we often use it as a fulcrum to lift heavy objects.

Unfortunately, because lower back problems are seen so often on disability applications, they tend to be viewed by disability examiners in a dismissive way. The typical examiner will look at a disability app that lists back pain as the only allegation and will think to themselves, Back pain, is that all?. From day one, when the file lands on the examiner's desk, the examiner will have it in his or her mind that the case will ultimately be denied.

Having been an examiner, I am sad to say that this is how the evaulation process usually begins for such cases. And it sucks. Extreme lower back pain (I don't mean simply pain. I mean painof the kind that prevents you from even being able to get off the bed and onto your feet to go to the bathroom without breaking into a sweat and wanting to scream) is something that one cannot imagine...unless one has experienced it firsthand. And without having experienced it personally, it is difficult for others to really understand how back pain can be so severe that it impairs a person's ability to work.

Unfortunately, most DDS examiners--the individuals who slap decisions on ssd and ssi claims--are relatively young people who have NEVER experienced this kind of pain. Typically, probably due to relatively low pay, most examiners in a DDS unit will be in their early to late twenties. Yes, you do see people in their thirties, forties, even fifties at a DDS, but most DDS units will be composed of younger workers.

I have no doubt in my mind that this fact alone has a bearing on the decisions rendered for some claims. I mean, how can a person understand how debilitating or painful a situation can be if they've never experienced at least something similar? I'm sure they can't. And with so many examiners belonging to a relativly young age-set, this uilds a certain insensitivity into the process.

I'll give you an example of what I mean. About eight years ago, I injured my back and was out for 3 straight days. How did this happen? I simply got out of the shower. I must have stepped the wrong way as I got out, because as I was closing my front door I could feel pain tingling down my right leg. Thirty minutes later at a christmas eve party I was on the floor and unable to move. I spent the next three days in bed, on flexeril and pain killers, unable to move much at all. Getting up to go to the bathroom felt like a spike was being hammered into my tailbone.

How does this personal bit of information relate? When I got back to the job (DDS), I tended to look at back cases a lot differently than before. Even though my condition had been relatively short-lived, the memory of the awful pain I felt in those three days made me more acutely aware of how debilitating back pain can be. And how restrictive and limiting a back condition can be for people who have chronic and ongoing back pain.

Now, why am I writing this particular post today? Well, once again I find myself in bed, on percocet and flexeril, after simply crouching (this was a crouch, not a stoop, which you would think would be safer) down to do something. As before, neither the muscle relaxant nor the pain pill seem to do the trick (though I wonder how bad it would feel without these meds) and I expect the situation to last for probably 2-3 days.

Am I disabled? No, of course, not. The likelihood is that sometime in the next 24-48 hours I will be able to walk again, with some residual pain. But...what if I had a condition that caused this level of pain, yet was chronic and ongoing? Frankly, I don't know what I would do. I certainly wouldn't be able to work. And feeling that kind of pain for so long would undoubtedly make me depressed and anxious (a lot of claimants with back problems also cite depression as an impairment). And, for me, knowing what I know about the disability system, the situation would seem even more depressing because pain is given very little consideration in the disability evaulation process.

What do you do if your major allegation on a claim is back-related? Here's a tip that really applies to all cases. Seek regular medical care and try to make sure your physician fully documents all the limitations you have as a result of your condition. Medical record documentation on a federal disability claim is essentially the gas that powers the engine.

The author of this article is Timothy Moore, who, in addition to being a former food stamp caseworker, medicaid caseworker and AFDC caseworker, is a former disability claims examiner. He publishes a website that addresses the disability process at http://www.disabilitysecrets.com

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Having Troubles on Your Disability Claim?

Having Troubles on Your Disability Claim?
By Rainier Policarpio

Every year, a substantial amount of increase is being added to the disabled pensioners' Supplemental Security Income benefit as based on the increase on the Consumer Price Index that also raise the Cost of Living in the U.S. As of January 1, 2007 alone, an increase of 3.3% in the Standard SSI Federal Payment was implemented by the Social Security Administration to cope up with the needs of the people. This year an eligible individual with and without an eligible spouse will respectively receive $934 and $623 per month while an essential person will accept $312 of monthly benefits from the government. These financial aids which are being granted to the disabled citizen will surely ease the suffering that they are experiencing giving them such substantial monetary support to sustain their daily needs. These fortunate people have already proven their luck.

On the other hand, a number of claimants are still having their hard times in the process of their petitions. Having their cases still pending in the Social Security office further increase their burdens of looking for the means to obtain enough money for their basic necessities such as food, shelter and clothing until their disability claims be approved. This may be attributed to their lack of at least a bit of understanding about the basics of the Social Security Act which is the law that covers their claims. They are quite unaware that the first step to make in order for their petition to gain approval is to be familiar with the law and the proper procedures of filing. Also, having some information about the Social Security Act will enable them to know which documents and evidences they should bring for their claims to have a strong stand.

However, for those who are still pursuing or are still planning to file a petition for a Supplemental Security Income disability benefits, it is very much advisable to hire the legal services of a qualified attorney who has the expertise in dealing with these certain types of cases. Getting the assistance of knowledgeable and skillful Social Security attorney will indeed increase their chances of getting their financial support from the government in the soonest possible time. A proficient attorney will follow the strict process of filing their claims, from accomplishing the necessary paper works to defending their points in the oral arguments scheduled by the Social Security office. These are some of the things that their attorneys will undergo for them as they enjoy the convenience of relaxing in their own homes with their loved ones while waiting for the results of their applications. And if in case their petitions are subsequently denied, an ever persistent disability attorney will find any other legal means as their clients may wish by filing a petition to a higher level Social Security office or even in a civil court. This will definitely ensure that the claimants' demands are given fair and thorough evaluation in the said office.

But like any other trials that we face in life, we have our own choices. Whether we do it the hard way or look for much easy avenues, there are no other person to praised or be blamed for the outcome but we. So think wisely and be firm in your decision for attitude and determination are still the keys to success in all our endeavors in life including our efforts in pursuing our legal rights.

Our Los Angeles Accident Attorneys specialize in all fields of personal injury, business law, social security, and employment cases

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Avoid Mistakes When Filing a VA Disability Claim

Avoid Mistakes When Filing a VA Disability Claim
By D Mann

The first mistake many veterans make when filing a claim for benefits is not stating their objectives clearly. If, for instance, a veterans left leg is the basis of the claim, be sure the exact point on the leg is stated: ankle, knee, foot or hip. If all the parts of the leg are involved, state each part separately. State what the problem is with the injured part. For example, if a knee is involved, state that the knee locks, hurts when walking, etc. Be as specific as possible. If numbness or radiating pain occurs, include that as well.

Veterans are brave and courageous, but when the Compensation and Pension exam occurs, veterans need to be straightforward about their problems. Too many times, veterans base their statements about pain and problems on how they feel the day of the examination when, in fact, they should tell the examiner how they feel on their worst day. The veteran is at a Compensation and Pension examination because they are having problems in their daily lives, not to chit-chat with the examiner. The veteran needs to be truthful but dont minimize the problems that got the examination scheduled.

The VA will repeated ask for documents already in their possession. When this occurs, call the nearest VA regional office and remind them that they already have the documents they are requesting. Better yet, write a letter telling them that the information is already in their files.

When using the services of a Veterans Service Officer (VSO) such as the DAV or VFW, be sure the VSO is willing to go to bat for you and knows about how the VA works. Unfortunately, for every good VSO, there are many, many bad ones. Ask the VSO for advice about how to complete your claim form, if the VSO is aware of current laws about VA benefits and what they will do for you if the claim gets stuck in the bureaucratic machine of the VA. If you dont get good answers, find another VSO.

Deborah Mann and her husband, Richard, have helped many veterans with their disability claims for over ten years. The Manns have helped veterans get claims as far back as 1955 and are masters at dealing with the Veterans Administration.

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http://EzineArticles.com/?Avoid-Mistakes-When-Filing-a-VA-Disability-Claim&id=507281

How To Choose The Right Disability Lawyer / Attorney

How To Choose The Right Disability Lawyer / Attorney
By Carolyn Magura

Research shows that people spend WAY more time selecting a car then they do an attorney of any type! However, if you are looking for, and need, the services of a Disability Lawyer, it is STRONGLY recommended that you spend time preparing a search for, actually selecting, and actively working with the right one for you. Here are some suggestions for you in this process.

WHY WOULD I NEED A DISABILITY LAWYER?

First of all, a lawyers presence gives you significant clout, or what is known as gravitas (i.e., credibility and wealth of expertise and experience) with Insurance Companies and the Social Security Administration (particularly in the appeals processes).

Secondly, disability lawyers are aware of any loopholes that may exist, and can help you focus your energies and activities toward a successful outcome, particularly if you are in an appeals process.

Finally, and most importantly, if you have already been denied benefits, you REALLY need that disability lawyer to assist you in the appeals processes.

RESEARCHING A DISABILITY LAWYER SOURCE

In future blogs, we will be providing direct links for you to use in locating a disease-specific Association or Organization in your state/location. These places are full of information, usually for free. And, they usually have a list of disability lawyers that their members have recommended.

Go online to a website that you have confidence in to search for law firms in your area. Visit their websites to check out their practice specialties, articles, clients, results, and personality. Particularly look to see if their website summarizes any cases in their areas of specialty.

Other professional friends or acquaintances of yours (Real Estate Agent; another type of lawyer; Church Pastor; Banker, etc.) might be able to recommend someone.

DISABILITY LAWYER SELECTION CRITERIA

Selecting a disability lawyer should be like selecting a doctor; you really have to be comfortable with the one you select; their personality, their style, their way of communicating, etc.

You want a lawyer with at least five to seven (5 7) years of experience (and at least 3 of those must be in your particular state).You want a lawyer who specializes in the area you need (i.e., Social Security law, or Disability Insurances Long Term Disability Insurance), and whose practice is 70% to 75% or more in this specific area.

You want a lawyer who believes in communicating well with their client. You want him/her to be upfront and honest about your chances of winning.

YOUR INITIAL DISABILITY LAWYER CONSULTATION

Remember, you will want to select about 2 or 3 lawyers to interview, so that you have the ability to compare styles, personalities, and fit for you. Also, sometimes it helps to take along someone else that you trust, so that they can write down what is said.

Many disability lawyers will not charge for the initial free no-obligation initial consultation. BUT, IT IS YOUR RESPONSIBILITY TO COME PREPARED SO THAT YOU DO NOT WASTE THEIR TIME.

Take paper and pen to document your discussion. Write down your questions ahead of time, so that you will not forget them.

1) Explain your situation BRIEFLY. Start with what you want as an outcome from your association with the attorney.

2) Ask what his charges will be. See if he/she will not charge a fee unless they win or settle your case.

3) Ask how they will approach your problem.

4) Ask what you can do to improve your chances of success.

5) Ask what you can expect to happen over the next few weeks, months, at conclusion of the case.

6) Ask if they have any questions for you - about your case or anything else.

WHAT YOU SHOULD EXPECT FROM YOUR DISABILITY LAWYER, AND WHAT YOUR DISABILITY LAWYER SHOULD BE ABLE TO EXPECT FROM YOU!

You should expect your chosen disability lawyer, the right one for you, to be someone who is:

Honest about your situation, your chances, and each step in the process;Timely in scheduling meetings, turning in documents, in letting you know who, what, and where you need to do, go, and see;Available (either him/herself or someone on his/her staff) at critical junctions in your case; and,Realistic about the process, your case, and each step in the journey.

In exchange for his/her expertise in your case, your disability attorney should be able to expect the following from you. That you will be:Honest with him/her at all times;Timely in providing documents to him/her, in attending meetings, etc.;Prepared and available for each meeting, and respectful of his/her time; and,Realistic about your chances in the process.

Best of luck in your successful selection and work with the RIGHT disability attorney for you! If you have any additional suggestions for folks looking for a disability lawyer, we'd love to hear them.

About Disabilitykey.com & Carolyn Magura:

Disabilitykey.com is a website designed to assist each person in his/her own unique quest to navigate through the difficult and often conflicting and misleading information about coping with disabilities.

Carolyn Magura, noted disability / ADA expert, has written an e-Book documenting the process that allowed her to:

a) continue to work and receive her full salary while on Long Term Disability; and

b) become the first person in her State to qualify for Social Security Disability the FIRST TIME, in UNDER 30 DAYS.

Click here to receive Carolyn 's easy-to-read, easy-to-follow direct guide through this difficult, trying process. If you are disabled, don't let this disabiling process disable you. Read Carolyns Disability Key Blog.

Article Source: http://EzineArticles.com/?expert=CarolynMagura
http://EzineArticles.com/?How-To-Choose-The-Right-Disability-Lawyer-/-Attorney&id=128703

Why You May Want to Appeal a Social Security Disability Denial to the US District Court in Virginia

Why You May Want to Appeal a Social Security Disability Denial to the US District Court in Virginia
By Jerry Lutkenhaus

Even if you lose your case for disability before the Social Security Judge and the Appeals Council you can take your case to the US District Court. I have had success in overturning Social Security's adverse decisions in Federal Court.

1. In a 2002 case I managed to obtain a reversal and remand in federal court when the Social Security Judge ignored the rules regarding fibromyalgia and refused to consider it to be a significant impairment.

2. In a 2005 case new evidence developed after she lost her hearing before the Social Security Judge that claimants problems were due to Ehlers Danlos Syndrome. When we presented this in federal court the case was remanded for a new hearing which we won.

3. In a 2004 case the Social Security Judge refused to consider the claimants obesity. The Judge said the claimant should have followed weight loss programs. The Federal Court at our request reversed and said the claimants obesity had to be considered.

4. In a 2003 case the Social Security Judge refused to consider the testimony of the claimants cleaning lady and other evidence. The Federal Court reversed saying all the evidence had to be considered. We won the new hearing.

5. There is a $255.00 filing fee for appealing a final denial by Social Security by the Appeal Council to the US District Court . You have 60 days from the receipt of the Appeals Council decision to file this civil action in US District Court. If you have little assets you can ask the US District Court to waive the filing fee.

6. It does take an experienced Social Security attorney to take a case to US District Court and win it. If you have a case that has some strong merit, you may be able to interest such an attorney in filing your case in the US District Court and winning it. Perhaps you have new evidence or the Social Security Judge ignored one of your impairments or ignored some of your evidence as in the cases I have mentioned above. If so, then you may want to consider this type of appeal.

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Jerry Lutkenhaus is a practitioner of Social Security Disability law in the Richmond, Virginia area for over 30 years. He was given an AV rating by Martindale Hubbell in 2003. Lexis Nexis listed him in the 2005 Bar Register of Preeminent Attorneys. For more information, see http://www.geraldlutkenhaus.com and http://www.virginiadisabilitylawyer.com You can call Jerry Lutkenhaus now at 804-358-4766 for a free consultation about your disability case.

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http://EzineArticles.com/?Why-You-May-Want-to-Appeal-a-Social-Security-Disability-Denial--to-the-US-District-Court-in-Virginia&id=507004

Arizona Disability Lawyers

Arizona Disability Lawyers
By Jason Gluckman

A disability can be referred to as a constraint or lack of ability to carry out an activity in the same manner as a nondisabled human being. Disability can be temporary or long term. In Arizona, any disabled person who is unable to perform the normal functions that he/she used to perform prior to a personal injury or an accident can claim disability compensation. These disability compensatory benefits are provided from public or private funds of the state.

An Arizona disability lawyer lends a helping hand to those disabled individuals when the government or an employer fails to take the desirable steps in accordance with the Americans with Disabilities Act (ADA). Arizona disability lawsuits relate to issues such as worker's compensation, social security, disability benefits, and temporary disability. A social security lawyer can help file for benefits such as retirement, disability, and medical benefits with the social security office. The attorney can sort out the complex rules and paperwork involved, get information from the social security file, gather medical and vocational evidence to support the claim, and also deal with Supplemental Security Income benefits and Medicare. He can advise on the steps to appeal disallowed claims - reconsideration, administrative hearing before an administrative law judge, the Appeals Council in Washington D.C., or a lawsuit in federal court. He can act as a legal coach to analyze the strengths and weaknesses of the case, outline the factual proof and legal issues involved, provide information on the correct legal processes, point out any problem areas, help to draft papers, and represent the client at an administrative hearing or in court. Arizona disability lawyers see to it that they file a claim to provide each and every disabled person in their state with proper access to all government services.

Arizona disability lawyers have an association, and the association has its own website. The website includes a directory that gives details of all attorneys specializing in this field.

Arizona Lawyers provides detailed information on Arizona Lawyers, Arizona DUI Lawyers, Arizona Criminal Defense Lawyers, Arizona Divorce Lawyers and more. Arizona Lawyers is affiliated with Colorado Employment Lawyers.

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http://EzineArticles.com/?Arizona-Disability-Lawyers&id=303159

Finding the Number One Social Security Disability Lawyer in Virginia

Finding the Number One Social Security Disability Lawyer in Virginia
By Jerry Lutkenhaus

Social Security Disability Practice is a specialized field of law. If you needed brain surgery you would not go to a general practitioner. Similarly, if you need Social Security Disability you should go to a specialist. These are tips for finding one of the Number One Social Security Disability lawyers in Virginia:

First, you can of course go to the Yellow Pages and look for attorneys who specialize in this field. This is a good starting point and it will at least lead you to the attorneys who specialize in the field.

Second, you can check to see if the attorney has an AV rating by Martindale-Hubbell. This is an organization that ranks attorneys from CV which means just starting out, to BV an attorney with some years of experience, and finally AV which means an attorney who has been recognized by his peers as having the highest ability. You should ask for the attorneys' rating and only settle for an attorney with an AV rating.

Third, you should make sure the attorney is a member of the National Association of Social Security Representatives (NOSSCR). This is the organization that all of the Number One Social Security Disability lawyers belong to.

Fourth, you should check the NOSSCR web site to make sure the attorney is on NOSSCR's referral list. That site is www.NOSSCR.org. All number of the Number One Social Security Disability lawyers belong to this list.

Fifth, check the attorney's web site to see what information he/she provides about Social Security Disability Law and his/her experience.

Sixth, ask your friends and relatives. It is possible that a friend or relative has had a Social Security Disability hearing and has had a good advocate.

Seventh, contact the Virginia State Bar to find out if any bar complaints have been filed against the attorney (804) 775-0570. If an attorney has had a complaint, you may not want to choose that lawyer.

Eighth, ask the attorney for his brochure on Social Security Disability Law. After you have checked out his/her brochure it should show you if you will have an effective advocate before the Social Security Administration.

In summary, you should not just settle for any lawyer on something this important to you. The above information should enable you to find one of the Number One Social Security Disability Lawyers in Virginia.

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia.This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Gerald G. Lutkenhaus---practitioner of Social Security Disability law in the Richmond, Virginia area for over 30 years and who was recognized in a July 1999 survey in Richmond Magazine as one of the best attorneys for workers' compensation in the Central Virginia area, and who was given an AV rating by Martindale Hubbell in 2003. For more information, see our websites at http://www.geraldlutkenhaus.com and http://www.virginiadisabilitylawyer.com.

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http://EzineArticles.com/?Finding-the-Number-One-Social-Security-Disability-Lawyer-in-Virginia&id=177160

Disability Benefits and Power of Attorney

Disability Benefits and Power of Attorney
By Jack Burton

If you are receiving disability benefits and would like to designate someone as your Power of Attorney you will have problems with Social Security Administration regarding your Power of Attorney. Here is what you need to know to designate a representative with the Social Security Administration.

Social Security does not recognize Power of Attorney for any reason. If you would like someone to handle your affairs for you or have access to information on your record you will need to designate them as your Representative Payee for Social Security. This person, which can be a spouse, family member, or friend, must visit the local Social Security office in person and fill out the application to become your payee.

There are rules regarding who can be designated as your payee and for what reasons. If you have a friend or relative that is your Power of Attorney, Social Security can use that as a basis for designating that person as your representative payee. There must generally be some reason for you to have a payee such as the inability to handle financial matters yourself due to age or illness. The person applying to be your payee should live in the same geographic area as you and not have been convicted of a felony.

Once Social Security designates someone to be your Representative Payee, your payments will be made directly to that person and they will be responsible for keeping your records current with Social Security. It is important to understand you are giving up many of your rights when you have a payee. This should only be done when absolutely necessary. To learn more about disability benefits and Social Security, visit the website Social Security Laid Bare using the links below.

Jack Burton specializes in helping people understand Social Security programs for Retirement, Medicare, Supplemental Security Income (SSI), and Disability Benefits. The website Social Security Laid Bare presents information on all of Social Securitys programs in an easy to read format, without technical jargon. For more information visit Social Security Laid Bare: http://www.socialsecuritylaidbare.com

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http://EzineArticles.com/?Disability-Benefits-and-Power-of-Attorney&id=214377

Disability Chronic Illness and Spirituality

Disability, Chronic Illness, and Spirituality
By Carolyn Magura

When I was diagnosed with Multiple Sclerosis in the mid 1980's as a diagnosis of exclusion (see, my illness had been mis-diagnosed for about 25 years prior to this initial diagnosis) I became VERY angry with God. Why me, I asked. Why did I have to be the one you inflicted with this terrible disease? Why couldn't you let the Doctors conclusively diagnose the condition? Why did I have to keep pretending that the Doctors were mistaken, just so that I could live my day-to-day life?

I was asking the wrong question, you see. Instead of asking Why me, God?, I should have been asking, Why NOT me, God? See, I was trying to become the efore the diagnosis me, and I just could not do it. So, I went into denial, and pretended that nothing was wrong. And, as anyone who is disabled, or who is living with a chronic condition can tell you, living with a disability is hard enough without trying to become a pale image of who one might have been without the disability, i.e., trying to fit into a world designed by and for able-bodied individuals, most of whom are equally dispirited. It took me quite a while (about 10 years, actually) to come to the conclusion that I needed to stop being in denial; I needed to accept the condition, learn how to manage symptoms, and get on with a quality life. Indeed, I needed to ask, Why not me God! For living in denial meant that the ILLNESS DEFINED ME; I was very unhappy; I was seperated from my spirituality; I was alone; and, I contributed to disruptive events in my life.

It may sound corney, but I used my illness/disability experience as an opportunity to get in touch with the needs of my rue self. That is, I decided to use this opportunity to take back control over my life; to recommit to my spirituality; to discover and live a quality life; and, to keep replenishing my well of personal happiness and satisfaction by reaching out to others in similar situations. I mean, who better to discuss about living with a chronic illness than someone who does so on a daily basis, and not just some Researcher? Who better to create a Workbook (found at www.disabilitykey.com) to assist others obtain disability insurances to which they are entitled than someone who used the process herself, and not just a theoretical social services person? Who better to create a website and an online blog where we of similar condition can chat with, and learn about extending our quality of life than someone practicing each and every day?

Does my spirituality help me in these endeavors? You bet it does! Spirituality is a quality that goes beyond involvement in a religious organization. It is a more basic construct. The highest level of our development is affected by our ability to appreciate the sacred in life; to live each day with purpose, and to find a sense of meaning and purpose for our lives. Spirituality invites each of us with disabilities and/or dealing with a chronic condition to live fully and in the present - in REALITY, the here and now. Not in denial, but in control of our lives, learning about, managing, and living each day in quality!

Research suggests that people, and in particular persons with disability, depend on spirituality and religion as an important, if not primary, method of coping with physical health problems and life stress. Most research, however, has addressed one's involvement in religion rather than spirituality.

Although research about spirituality in the context of disability is sparse, many thoughtful writers have considered religion and spirituality to be crucial factors in adjustment to disability. BUT, we must be careful not to lame God, as I did, or to say that my disability is God's Will, or punishment for something that I did. Saying these things isn't taking responsibility for our lives and figuring out how to live a better life by managing symptoms. Instead, become reconnected with whatever spiritual process/religion that you find speaks to you, and live in the present with all of the gifts that you still have. Being affiliated with a specific religion can sometimes help those of us with disabilities find comfort in times of isolation and despair.

While little research has been conducted on the influence of organized religion in the context of disability, studies on the general population have been positive. For example, a 28-year follow-up of thousands of people aged 18-65 years found that the individuals who attended at least weekly religious services had lower rates of depression, smoking, and alcohol use; they also tended to have greater social support. Frequent attendees were more likely to have engaged in other healthy behaviors, including physical exercise. The effect on survival was good after other factors were taken into consideration - their risk of death was reduced by 34%.

When disability is integrated as another dimension of living, spiritual growth can take place. Please reread this red phrase again. It talks about integrating a disability or a chronic condition as anothe dimension of living! It means, taking back control of your life; actually living again, and managing symptoms as part of every day life! AND, believe me, this is not easy! If you have the opportunity to acquire the Disabilitykey Workbook, you will see that I use my actual condition as an example for others to follow. Whenever I have to focus on my Multiple Sclerosis Symptom Impairment Matrix, I get depressed all over again. My brother felt bad about asking me about his condition because he felt that it was NOTHING compared to what I cope with (more about his question in further blogs). BUT, I only concentrate on the symptom process when I need to. Otherwise, I concentrate on symptom management, and on daily living as quality a life as I can.

Integrating experiences of disability allows a person with a disability to recognize that suffering and hurtful experiences are universal conditions. It can be a time for you to discover untapped resources; it can be a time where you decide that you DO HAVE TIME TO play with your grandchildren, or read that book you have been putting off, or research your grandparents as they came to America long ago.

Spirituality is a way for people with disabilities to fulfill their potential and discover the possibilities while learning to live with and integrate their disability-related limitations and yet expand their boundaries to experience the fullness of life.

As part of my Internet research for this blog, I found the following website entitled Faithability Religion, Spirituality and Disability Resources. You can subscribe to the site, for free, and receive (I think - I haven't gotten anything yet) periodic information. The site looked interesting, so here it is:

http://www.faithability.org/

Once again, your comments, thoughts, and ideas on this and other blogs are welcomed!

About Disabilitykey.com & Carolyn Magura:

Disabilitykey.com is a website designed to assist each person in his/her own unique quest to navigate through the difficult and often conflicting and misleading information about coping with disabilities.

Carolyn Magura, noted disability / ADA expert, has written an e-Book documenting the process that allowed her to:

a) continue to work and receive her full salary while on Long Term Disability; and

b) become the first person in her State to qualify for Social Security Disability the FIRST TIME, in UNDER 30 DAYS.

Click here to receive Carolyn 's easy-to-read, easy-to-follow direct guide through this difficult, trying process. If you are disabled, don't let this disabiling process disable you. Read Carolyns Disability Key Blog.

Article Source: http://EzineArticles.com/?expert=CarolynMagura
http://EzineArticles.com/?Disability,-Chronic-Illness,-and-Spirituality&id=128710

A Lack of Compassion in the Disability System

A Lack of Compassion in the Disability System
By Timothy Moore

Is the disability system operated by the U.S. Federal government a fair and compassionate one?

Well, the simple truth is, the disability system that is set up to help you when you are most in need...rarely does that. Yes, you may eventually win your social security disability benefits, but the chances are good that you won't receive a cent until you've lost your home, your savings, your health insurance (and access to medications and medical treatment), and, to add insult to injury, a fair portion of your dignity as well.

From the very start of the process, to the very end, individuals who are approved for either social security disability or ssi benefits may have to endure a process that can last as long as three years. Sound ridiculous? No doubt, it is, and quite dispassionate as well. Individuals who apply for disability benefits typically are between a rock and a hard place. They are unable to go to work and every day without income is a day they come closer to not having a home in which to live.

But despite such awful scenarios, the social security disability system is not geared to even take into consideration such emergency situations. If you are about to lose your home, or your health insurance, it may have little impact on how long it takes to process your claim.

Here's a couple of useful tips, though: if you find yourself in the position of having to apply for ssd or ssi disability benefits, keep in mind that the process will be very long. This way, you can make better financial decisions. The second tip is this: make sure you keep up to date with your medical treatment since that is what a decision on your claim will be based on. Even if you don't have medical health insurance any longer, try to be seen at a free clinic or county health department. Always keep in mind that if you haven't been seen by a doctor recently, it will be extremely difficult for an approval to be made on your behalf.

Following just a few simple tips like these can often have the effect of making the disability process a bit less harsh, and, in some cases, more endurable. Of course, if your case winds up at a hearing before a federal judge, always make sure you have a qualified attorney at your side.

The author of this article is Timothy Moore, who, in addition to being a former food stamp caseworker, medicaid caseworker and AFDC caseworker, is a former disability claims examiner. He publishes a helpful FAQ on the disability process at http://www.disabilitysecrets.com/questions.html

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Understanding Social Security Disability Insurance Benefits

Understanding Social Security Disability Insurance Benefits
By Marya Sieminski

Many Americans have a limited understanding of the disability benefits available from the Social Security Administration (SSA). This federal government agency provides benefit programs to individuals with serious disabilities and to their families.

The Difference Between Social Security Disability (SSD) and Supplemental Security Income (SSI) Social Security Disability Insurance Benefits (DIB) are available to disabled workers who paid enough earnings into the Social Security system. SSA determines if you are eligible for DIB, based on your work history during the years before you became totally disabled. As a general rule, you probably have enough work credits to qualify, if you worked for 5 out of the last 10 years. The following factors determine eligibility for DIB:

• Whether or not you have enough work credits to qualify for disability benefits.

• Whether or not you have an impairment that has lasted, or is expected to last, for at least 12 months, or is expected to result in death.

• The nature and extent of your impairment.

• Your ability to engage in substantial gainful activity since your impairment began.

• The date your disability began.

The family members of a person approved for Disability Insurance Benefits also may qualify for benefits, based on the disabled wage earner's SSA earnings. Furthermore, children and spouses of deceased individuals who accumulated enough SSA earnings prior to death may be eligible for benefits.

Supplemental Security Income Benefits (SSI) are provided to low-income disabled children and adults. SSA considers other benefits, savings, certain assets, and income of household members, to determine whether a claimant's income is low enough to qualify for SSI.

The following factors determine eligibility for SSI:

• Whether or not your household income meets the SSI income limits.

• Whether or not you have an impairment that has lasted, or is expected to last, for at least 12 months, or is expected to result in death.

• The nature and extent of your impairment.

• Your ability to engage in substantial gainful activity since your impairment began.

• The date that your disability began.

Do I Qualify for Social Security Disability Benefits?

You must be totally disabled from employment and meet the Social Security Administration requirements for prior earnings.

As defined by the Social Security Act, a disability means:

Inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for acontinuous period of not less than 12 months or result in death.

Therefore, you may be eligible for Social Security Disability benefits if you can answer yes to one or more of the following questions:

• Do you have a severe physical or mental impairment that prevents you from participating in any type of gainful employment?

• Do you have a disability that prevents you from working at any job, rather than just your previous employment? Has your disability lasted, or is it expected to last, for at least one year?

• Is your disability life threatening?

Medical Evidence for Your Social Security Disability ClaimThe Social Security Administration requires evidence of the extent of a disabling condition before awarding benefits. To succeed in obtaining benefits, you must have a severe impairment that is shown by medically acceptable clinical and laboratory findings.

Unfortunately, many illnesses may completely disable an individual, but remain difficult to diagnose. In these cases, an attorney can analyze your medical records to try to find the evidence necessary to prove that you have a serious disability.

If you or a loved was denied Social Security benefits, talk with an experienced Social Security lawyer today.

Attorney Marya Sieminski joined the Law Offices of Sam Bernstein in 2003. She is admitted to practice law in Michigan state courts and in the U.S. District Court for the Eastern District of Michigan. She earned her Bachelor of Science degree at the Massachusetts Institute of Technology and graduated magna cum laude from Wayne State University Law School. Marya has worked as a trial lawyer for 10 years and exclusively represented victims in personal injury litigation and in workers compensation claims. She also was appointed by the Governor to serve on the State of Michigan Workers Compensation Qualifications Advisory Committee. The Law Offices of Samuel I. Bernstein, our Michigan Social Security disability and personal injury law firm, has championed the cause of seriously injured Michigan victims for three generations.

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Winning Your Disability Case with the Help of CoWorkers Family Members and Friends

Winning Your Disability Case with the Help of Co-Workers, Family Members and Friends
By Scott E. Davis

In a social security disability claim, the credibility of the claimant is often the determining factor of whether the claim is approved or denied. For cases involving chronic pain or fatigue, such as fibromyalgia or chronic fatigue syndrome, the credibility of the claimant is usually crucial to success. The reason for this of course is due to the fact that those diagnoses involve subjective symptoms and limitations that usually cannot be objectively quantified by medical or laboratory tests.

Thus, SSA and judges will listen to the claimants story about why they are unable to work due to the frequency, severity and duration of their symptoms; but they will also look for corroborating evidence from other sources such as doctors or individuals who know the claimant.

As you may know, my practice is exclusively disability law and I specialize in chronic pain and fatigue cases representing clients throughout the United States. Over the past several years I have won disability cases before SSA and judges throughout the United States. While winning hundreds of cases and losing only a small percentage of them, I have learned a great deal about how to win chronic pain and fatigue disability cases as well as the importance of a clients credibility.

A tool I have used extensively for the past several years is to obtain affidavits or statements from a clients former co-worker (or preferably a supervisor), family member or long-time friends. What is an affidavit? It is simply a notarized document that essentially is a narrative letter regarding a persons observations of problems the client has functioning on a daily basis due the symptoms and limitations, with a conclusion that they are unable to work in any occupation as a result. In my opinion it is essential that SSA and a judge have corroborating evidence from those who know a client the best and the affidavit performs that function.

Because I view a clients credibility as paramount to the case, I want to protect it, develop it and support it from as many different independent sources as possible. The quality of the affidavits or statements and who makes them is what matters rather than having a large volume of them by people who do not know the client well.

I know thoughtful affidavits have a big impact on SSA and judges because I have seen countless judges from all over the country reference them as a reason why they approved my clients claim. I have also talked with judges after a hearing and they have told me the affidavits provided persuasive support for my clients allegations regarding their limitations.

It must be noted that it is unlikely an affidavit alone will win a disability case; but along with other corroborating medical records and doctors opinions it can be a powerful tool. Use this article as a foundation for developing this important part of your claim.Tip #1 The Affidavit should be Brief

To avoid lulling weary SSA personnel or a judge to sleep, I believe the affidavit should be no more than two (2) pages in length. Please remember your file will contain several hundreds of pages of recordsyou want the affidavit to be read and be factored into your claim.

Tip #2 The Affidavit should be on regular paper and be Notarized

The document itself can be on any regular paper (preferably 8 x 11 inches), handwritten or typewritten and should be titled Affidavit. In addition, it should be notarized because a notary will confirm that the person who purported to draft the affidavit actually signed the same before a public notary. Having the affidavit notarized eliminates any question with regard to authenticity of the document (i.e. you are not trying to pull one over on SSA or a judge!). If it is not possible to obtain a notary them simply submit

Scott E. Davis is a social security disability attorney in Phoenix, Arizona. Mr. Davis represents clients throughout the United States. Although Mr. Davis has experience representing clients with a broad spectrum of physical and/or psychological disorders, the majority of his disability practice is devoted to representing individuals with chronic pain and chronic fatigue disorders. In almost every case, a fee is charged only if his client obtains benefits. Mr. Davis invites your questions and inquiries regarding representation via telephone (602) 482-4300, or email: info@scottdavispc.com.

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Bipolar Disorder and Disability Assistance Benefits

Bipolar Disorder and Disability Assistance Benefits
By Timothy Moore

For quite some time, I've been noticing that many of the individuals who visit my disability site are looking for disability benefit information, primarily as it relates to bipolar disorder.

While I haven't found it surprising that this would happen (bipolar disorder is a terrible neurochemical illness and is much more than its constituent parts--depression and manic behavior--would imply), I have to admit, I have been surprised at the level of occurrence. Put simply, there are many more bipolar cases out there than even I would have thought.

You may be wondering: why was I surprised and what is my particular background to account for this surprise. Well, I am a former medicaid caseworker and, more relevantly, I am a former disability claims examiner for the social security administration. In that latter capacity, it was my function to, on a daily basis, receive new disability cases, send off for medical records, review the records when they came in, and, then, in consultation with a physician, render a decision on a claim.

I did this job for several years and, as a consequence, I may have come across nearly every (though, certainly, not all) medical condition for which a person might imaginably file for disability benefits. And without a doubt, I came across a fair number of cases for which bipolar disorder was a primary allegation. But I don't recall seeing as many bipolar cases then as I currently see now.

What could be the reason for the rise in bipolar disorder cases? I've wondered about that many times. Some individuals might say that the illness is being overdiagnosed, and that opinion has been leveled at ADHD. But, I don't think this is the case and here's why: Bipolar disorder typically requires the use of prescription medication for proper management. Bipolar also frequently occurs in combination with other illnesses, such as OCD, or obsessive compulsive disorder and ADHD, or attention deficit hyperactivity disorder (and, yes, it is not unheard of for a patient to be concurrently treated for all these conditions). Of course, ANYONE who has ever been put on a medication treatment regimen that attempts to treat multiple conditions simultaneously will know automatically what sorts of problems this may pose.

What are those problems? For starters, a medication that works just fine for ten million other patients may not work at all for just one. Or, it may work fine for awhile and then not work at all. Or there may be side effects to the medication that are somewhat unpleasant and/or stimulate other psychological issues (weight gain, sexual performance issues, to name a couple). Throw in more prescription meds to treat other conditions (in our example, we cited OCD and ADHD) and you enter into the equation even more variables: will med A negate the potency of med B, will med B overenhance the effects of med C, will med C in combination with med A cause other physical or mental issues to surface, etc, etc.

For these reasons (all boiling down to the fact that very strong medications with very strong effects and consequences are being prescribed), I sincerely doubt that bipolar disorder is being overdiagnosed, or is even misidentified on a large scale.In fact, quite the opposite may be happening. That is, mental health professionals may simply be improving in their ability to properly diagnose this condition. Additionally, individuals withbipolar disorder may, as a consequence of greater recognition and understanding of their illness, be more willing to initiate disability applications.

One might ask Why would someone not file for disability benefits when they have a condition that affects them so profoundly? This may go back to that greater recognition and understanding part. I'll reference this example, which, in my case, comes from my personal life. I have an in-law who currently is treated with outpatient shock therapy. For the sake of confidentiality, I'll refer to him as Bob. Among his various diagnosed conditions, Bob has a particularly severe case of bipolar disorder. And for many years, he was unable, despite many attempts, to maintain employment for longer than 90 days. Yet, despite this fact, despite his many problems with getting the right medications, and despite the fact that he has been receiving ECT (electroconvulsive therapy) for more than a year---he still has at least two family members who somehow think he should have tried harder.

Such thinking is incomprehensible, of course, given the facts of Bob's situation. However, the stance taken by these family members probably had much to do with why Bob did not file a disability application much sooner. Also, the pressure put on Bob by members of his family to keep trying to work may have hastened his descent into auditory hallucinations and shock therapy.

Therefore, if the rise in disability applications filed on the basis of bipolar disorder can be accounted for by either or both of the following---

1. an increased ability of mental health professionals to recognize the disease.

2. an increased empathy and understanding of bipolar disorder on the part of family members.

---then this is certainly a good thing.

Whether this is actually happening, of course, is a matter that is subject to debate. But, in any event, more information is always, intrinsically and inherently, valuable. And to this end, the following information may be helpful to a bipolar patient who has either filed for disability benefits or is considering filing: The Social Security Disability and SSI FAQ page from my own site.

The author of this article is Tim Moore, a former Disability claims examiner.

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14 Ways to Make Traveling with a Disability Easier

14 Ways to Make Traveling with a Disability Easier
By Helen Hecker

If you travel with a disability, handicap, physical limitation, mobility limitation, or developmental disability, have special needs, or use an electric wheelchair or handicap scooter, it's a good idea to learn as much as you can to make disabled travel easier.

Or if you're a mature traveler or senior who is a slow walker or just wants a slower pace, becoming more informed about disabled travel services and disability travel resources, will lessen the anxiety that often accompanies disabled travelers.

The following travel tips, resources and information for the disabled will help make trips, tours, holidays and vacations a lot easier for you, or for a child with a disability, whether short-term or long-term.

1. Plan your trip well in advance! Do you need to order extra supplements, medications or renew prescriptions, fix eyeglasses or change prescriptions, get a physical, have dental work done, have your wheelchair fixed or tuned up, etc.?

2. If possible, always book your travel through an agency that specializes in helping people with disabilities. This is important because specialized travel agents and tour operators for the disabled are experienced and can save you some awful headaches.

They offer a lot of good tips and a wide range of services for the handicapped traveler. Among other things, they can arrange for a: wheelchair at the airport, wheelchair accessible hotel room, wheelchair rental, lift-equipped accessible van, full van, minivan, RV, handicap scooter, or any other handicap vehicle.

Travel agents for the disabled can help arrange accessible transportation, help plan the best accessible cruise, give cruise line and cruising tips, arrange travel insurance and take care of special needs.

Agents can check with hotels for: inner and outer door widths to accommodate your wheelchair, ADA-approved handicap bath tubs, grab bars, or for roll-in showers. Just tell them your needs.

Travel agents can help you find cheap airfare, cheap tickets, cheap flights, cheap travel auto insurance, cheap hotels, cheap car rentals, cheap cruises, cheap vacations and cheap travel of all kinds.

3. Besides taking along your travel agent's phone number, you'll also want to take with you the phone numbers for the travel agencies that specialize in disabled travel at your destination, in the event you can't reach your own agent.

These travel agents may know how to solve problems that come up regarding your hotel, car or van rentals, etc., even if you didn't order your tickets through them.

4. When traveling to another city, check out the local health and medical associations before you go. For example, get the phone numbers for the local MS chapter if you have MS. These organizations can be great resources.

They usually know what museums, restaurants, theaters & other local facilities are wheelchair accessible and where you can get oxygen, emergency supplies or medical assistance. They may be able to help you with any problems that arise.

5. If you plan to rent a handicap scooter, wheelchair, electric wheelchair, handicap van, full van, mini-van, RV or other vehicle in another city, don't wait until you get there. Make all the arrangements before you leave on your trip.

Make sure you ask any specifics like, are there tie-downs, ramps, or hoists, etc. Check on what van, RV, car or auto insurance you'll need before you go.

6. Don't leave anything to chance. If you can, double-check all the arrangements your travel agent makes. Call the airlines, hotels, scooter, wheelchair, car, RV or van rental companies, medical equipment rental companies, etc., and verify the specifics, especially if you're traveling in a wheelchair or have any other special needs like oxygen.

This is important if you haven't used the agent before.

7. If you need oxygen or any other special medical equipment, call airlines and suppliers well in advance of your trip. Don't wait until the last minute. Start calling them as soon as you know you're going to be traveling or taking a trip.

Then double-check with your travel agent and the airline at least three to four days before your flight.

8. Arrive early at the airport. It's better to wait around there than miss your plane. This will eliminate some of the pre-trip anxiety you might feel and make for more leisurely travel. This seems like common knowledge but many people still arrive at the gate just in the nick of time.

With all that's going on in the world today there are many reasons why you want to allow for more time at the airport.

9. In your airplane carry-on bag keep copies of the prescriptions for your medications and eyeglasses, extra eyeglasses, sunglasses, all your medications and supplements, and a list of your doctor, dentist and other health professionals with their addresses, and phone numbers.

Include your doctor's fax number for prescriptions in case you lose your medications. Keep duplicate copies of these in your luggage and at home by the telephone. Know where your medical records are kept.

10. When you travel, and for any other time too, if you take medications, learn their names and exactly what they're for if you don't know. People come into the emergency room all the time and don't know what medications they're taking. You might be surprised to find out that most people say 'a little yellow pill' or 'a white capsule', etc.

Emergency workers need to know what you're taking so they don't give you medication that would interact adversely with it, overdose you or somehow interfere with their treatment and your recovery.

11. If you're traveling by air, tell the flight attendants when you board, of any medical problem you might encounter on your flight. Note the location of the closest restroom before getting seated. Tell the flight attendant if you think you'll need assistance getting to it during the flight.

You may need or want an aisle seat for easy access to the restrooms. Discuss seating with your travel agent.

12. If you need someone to travel with you, ask your travel agent for ideas or suggestions. Call the local chapters of medical associations and ask if they can recommend a travel assistant or travel companion to help or accompany you.

There are national companies who offer traveling nurses, traveling companions or travel assistants to accompany disabled travelers or people with serious medical issues.

13. Make sure to take with you: any medical cards, Medicare cards, discount cards, car or auto rental discount cards, auto insurance policy numbers and agent's phone number, passport, airline tickets, etickets, American Express Travelers Cheques, debit cards, credit cards, and drivers license. Photocopy everything.

Keep photocopies in your luggage and at home by the telephone or someplace where someone has access to it in case you need it.

14. Read everything you can about traveling with a disability. Read disabled travel books, access guides, accessible guidebooks, disability travel articles and travel publications for the disabled traveler. Read the personal travel experiences of wheelchair users and others who have traveled with disabilities. Be informed.

These travel tips, information, resources, and services for the disabled should help you, or anyone with a disability, handicap, physical limitation, or who uses a wheelchair, have an easier, more pleasant, anxiety-free, trouble-free trip, tour, holiday or vacation.

Helen Hecker R.N. is the author of 'Travel for the Disabled' and the 'Directory of Travel Agencies for the Disabled' and other books for travelers with disabilities. Get FREE weekly 'Travel Tips for the Disabled'at www.AllAboutDisabledTravel.comAlso get FREE 'Disability News You Can Use'

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Applying for and Getting Social Security Disability Benefits

Applying for and Getting Social Security Disability Benefits
By Kelley Wiseman

The process of applying for and getting Social Security Disability is very long and convoluted; hopefully, this article will shed some light on the things one can do to smooth out the process and what to expect along the way.

Once you have become disabled, do two things immediately,

Consult a competent disability attorney.

Start the application process with the Social Security Administration. This link will take you directly to the Social Security website where you can find out more about applying online and the guidelines for disability.

Once you have started the process, the SSA will do two things, they will send you paperwork to be filled out and signed so that they may obtain medical records. It would be helpful here if you compiled a list of every doctor, hospital, clinic etc you have been to in the past 2 years. The more accurate information you can give them at this step the better it will be when they request the records for review later in the process.

Secondly, they will schedule a phone interview with you to ask some general questions about your working years, family etc. They will be able to tell you at this stage approximately how much disability you could receive each month if approved and also in you qualify for Social Security Supplemental Income. The amount you may receive depends on factors such as family size, years worked, overall wages etc.

The SSA will also send paperwork to be completed that concerns your disability directly and how it affects your everyday life. They ask numerous questions concerning ability to work, mobility, daily living, personal care etc. Answer them in as much specific detail as possible because this is one of the main documents that the examiners will review when deciding your case, so the more that you can tell them about how it affects your life the better. Your attorney can guide you in completing this paperwork.

Once all the paperwork is completed it will be sent, in most states, to the state disability determination bureau. The SAA has contracts with most states so that the state examiners review the first step of the application process for the SSA.

This review can take as much as 6 - 9 months. There is really nothing you can do at this stage other than gather any new medical records you may have and keep in contact with your attorney as he may advise you to make regular visits to your physician so that current documentation of your disability will be available for the second stage of the process.

I should point out one thing here, over 85% of all disability applicants fail at this stage, so do not get discouraged when you are not approved. It would be much better going into this stage expecting not to be approved. The SSA does this to weed out those who really do not qualify for disability or even need it. The SSAs theory is, if the applicant is really disabled, they will be persistent and continue the process.

The second stage of the process is where a good disability attorney will be of great help.

This stage is called the reconsideration stage. Your attorney will file an appeal with the SSA requesting a reconsideration of your case based on certain facts. This is where the new medical documentation can be submitted to help your case. This stage generally takes about 3 months for the reconsideration.

The sad fact is you are just as likely to get turned down at this stage as you were at the first stage.

Once you have received the reconsideration denial from the SSA, consult with your attorney about the third stage of the process, the Administrative Hearing.

This process is by far the longest of the three, but the good news is that more than 85% of the cases get approved at this stage. So hang in there!!

Your attorney will file the paperwork with the SSA requesting an Administrative Hearing before the Administrative Law Judge.

Once the SSA receives your request, it can be anywhere from 9 months to 12 months before getting the actual hearing. This depends upon which state you live in and how many Administrative Law Judges hear the cases.

I know in my particular case, in Indiana, they have 3 judges that hear the cases for Indiana and some of the surrounding states so it can take many, many months to get to the actual hearing.

Once the hearing is scheduled, the SSA will send you and your attorney a notice of hearing, 20 days prior to the date of the hearing. Your attorney will then consult with you on how the hearings work, what questions the judges may ask, what questions he/she may ask you etc.

The hearing can be a scary thing, but your attorney will guide you and the judges understand your feelings so just answer all questions to the best of your ability.

Once your case has been approved, the Administrative Law Judge can issue a ruling for immediate payments. You will receive a lump sum payment from the SSA that covers from the sixth month after you first applied to the current month, the SSA has a 6 month waiting period before disability payments can begin even in the cases that get approved in the first stage.

After the lump sum payment you will receive monthly checks.

As you can see, the process for getting SSA disability is indeed long and tedious, but having a good attorney and being prepared for each stage can go along way in smoothing out the process an easing your fears.

This article is just an outline of the process of applying and the pitfalls one may encounter along the way, but hopefully one can gain some insight into the process an know what to expect.

K.D. Wiseman is the owner of DMJ Enterprises and creator of the Best Of The Home and DMJ Enterprises websites. Best Of The Home and DMJ Enterprises are popular home and garden websites featuring products for every corner of your home and garden including Quality Indoor and Outdoor Furniture, Children's toys, gardening supplies, Plush Pelts and more. Please visit both sites for your entire home, garden and family needs.

http://www.bestofthehome.com
http://www.dmjenterprises.com

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14 Tips on How Parents Who Have a Child with a Disability Can Organize Their Estate

14 Tips on How Parents Who Have a Child with a Disability Can Organize Their Estate
By L. Mark Russell

As a general rule, parents should keep their original documents (wills, special needs trust, etc.) in a safe deposit box, in a fireproof safe, or with their attorney.

Parents should also use a binder that contains all the information that future caregivers will need to carry on after the parents are gone.

The binder should be kept in a place that is readily accessible, so parents can update it periodically, and so the people who will act as the child's advocate after the parents are gone will be able to find it. Many parents purchase small fireproof safes for this purpose.

The binder should generally contain separate folders in which parents place the following:

1. An overview of the estate plan in plain English -- that is, without any legalese, that the attorney should write.

2. Important legal papers for any children with disabilities (for example, birth certificates, Social Security cards, and health-insurance cards).

3. A description of the goals and purposes of the special needs trust, which the attorney should write.

4. A copy of the Letter of Intent, which parents should update at least once per year. The Letter of Intent is a nonbinding document that passes vital information about a person with a disability to future caregivers.

5. Unsigned copies of any wills.

6. A letter spelling out any wishes regarding final arrangements (burial, cremation, or religious services or other ceremonies that may be desired).

7. Living wills and/or Power of Attorney for health care that may have been prepared.

8. Extra signed copies of any trusts- special needs trusts, living trusts, or insurance trusts- that may have been prepared. Remember, signed copies will be needed to complete property transfers, and extra signed copies will prove to be useful.

9. A list of major assets and information about where they are kept (for example, a list of insurance policies, stocks, mutual funds, bank accounts, with policy and account numbers and storage locations, and the names of any brokers, insurance agents, and investment advisors).

10. Guardianship papers, if any, and a list of advocacy organizations that may be helpful.

11. The names of government agencies or case workers that the parents may have dealt with and the parents' thoughts about them.

12. A list of government benefits that the person with a disability may receive, as well as copies of any filled-out application forms. (These application forms will help the parents the next time they apply for benefits and will be especially helpful to future caregivers who may not understand the complexity of these applications.)

13. Other miscellaneous papers, such as tax returns filed by the person with a disability, information about housing options, schooling, photographs of the family, parent's Social Security numbers, parent's birth and marriage certificates, certificates and awards for the person with a disability.

14. Information about where the original documents are kept.

The estate planning process, especially when parents are planning for the future security of a child with a disability, can often be heart wrenching. But when parents are through, they can feel confident that they have done all that they can to assure their child's happiness after they are gone.

Copyright (c) 2007 L. Mark Rusell

Arm yourself with time tested strategies that will protect your child and assure their happy and fulfilled life, even when you are no longer able to care for them yourself. There's still time to plan for your child's future IF you begin now by going to http://www.specialneedslegal.com

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Is it Possible that Johnny Struggles with a Learning Disability AND ADHD?

Is it Possible that Johnny Struggles with a Learning Disability AND ADHD?
By George Gallegos

Once a referral has been initiated for a special education assessment, many parents consider the decision to pursue an evaluation to rule out the possibility of ADHD. Johnnys pediatrician may be a trusted source for a valued ADHD evaluation. If Johnnys pediatric office is unable to provide an ADHD evaluation, it is likely that the physician will readily recommend to a community professional that offers the testing. Unfortunately, medical insurance re-imbursement for this testing is often unavailable unless the evaluation is completed by a medical doctor.

Due to the potential out of pocket expense of ADHD testing, parents may want to carefully consider the necessity of pursuing a contact with a child professional. In my experience as a child psychologist, parents often decide to purchase ADHD testing in response to described classroom concerns. Specifically, Johnny is described with the ADHD symptoms of inattention and off-task behavior although the origin of these symptoms remains unknown. Having Johnny tested for ADHD will provide an important understanding of his ability to sustain attention to task in the classroom. In addition, an ADHD evaluation will provide valuable insight into alternative interferences that are handicapping his learning in the classroom.

Despite the logic supporting private ADHD testing, another alternative available to parents may be the Pre-Diagnostic Assessment that I have created for parents to consider at this point in time. My PDA is a 78-item ADHD test for parents to use when initial concerns arise about their child. The PDA is intended as a primer measure when considering the possible need for a professional evaluation. It can be used to discriminate essential factors that are predictive of ADHD or alternate conditions that interfere with classroom performance. The intent of the PDA is to predict whether there is adequate concern that warrants the decision for a private ADHD evaluation. This parent questionnaire can help parents decide when it makes sense to pursue ADHD testing.

The practicality of the PDA is evident in its goal of predicting the probability of an ADHD diagnosis. It is quite useful in assembling the criteria into a format that will help distinguish ADHD symptoms from those that might suggest learning disabilities, developmental delays, sensory regulation dysfunction, or emotional/behavioral difficulties. Although parents may still use the PDA for older children, the PDA item questions are aimed at addressing the concerns that may be presenting in the elementary school age student.

Despite the practical utility of the PDA, it is still important to recognize its vulnerability as a subjective measure. That is, the validity and credibility of any questionnaire will always be dependent on how objective Johnnys parents can be in responding to item questions. Well intended parents are always influenced to some degree by their own emotions and feelings about their child. Parents interest in helping their childs circumstance can easily produce biased responding to PDA questions. Of course, there are a number of behavior rating scales commonly used by child professionals evaluating for ADHD which are equally sensitive to a parents subjective rating. Despite this drawback, subjective rating scales are still regarded as useful measuring tools that can provide an additional source of information concerning a childs behavior and performance.

Once Johnny has been identified for special education assessment at his public school, parents often feel compelled to pursue ADHD testing as their responsible contribution to the assessment. The decision by the parents to test for ADHD is considered a timely intervention to rule out the possibility of an additional learning handicap. An ADHD evaluation will specifically address the identified symptoms of inattention, distractibility, and off-task behavior that may be impacting Johnnys daily performance efforts in the classroom. In addition, special education teams are generally relieved to allow medical professionals the opportunity to provide diagnostic statements about a student. Once a child professional has offered a diagnostic opinion about Johnny, the special education team can feel more comfortable focusing on the learning interventions and support that may be afforded to Johnny by his school.

The completion of the ADHD evaluation in combination with the special education assessment will offer a most comprehensive and powerful understanding of Johnnys learning potential. Specific learning accommodations and instructional strategies will be generated by the testing outcome. Although special education qualification will need to be determined according to handicap guidelines, the results of achievement, cognitive, and ADHD testing can combine to construct a well aimed instructional intervention strategy for Johnny. In the event that ADHD is identified, Johnnys parents will likely be provided with the option of considering the trial use of stimulant medications to improve attention and on-task behavior in the classroom. Classroom teachers are generally willing and cooperative to monitor the initiation of stimulant medications for Johnny in the classroom. Available medication management forms can be completed by the classroom teacher as well as the parents providing valuable feedback to the prescribing physician. Coordination of ADHD interventions and learning accommodations will generally increase the probabilities of Johnnys future academic success.

I am a child psychologist recently retired from the public school district. I continue to maintain a private practice devoted to the assessment of ADHD in children. I have recently developed a parent questionnaire that helps parents decide whether to pursue a formal ADHD evaluation for their child. This questionnaire can be viewed at http://www.youadditup.com.

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Winning Your Social Security Disability Claim: 15 Mistakes You Can't Afford to Make!

Winning Your Social Security Disability Claim: 15 Mistakes You Can't Afford to Make!
By Scott E. Davis

Mistake #1: Assuming that what SSA tells you is true.

Unfortunately, some of the advice Social Security Administration (SSA) employees provides to the public is incorrect. So if you arent happy with what SSA told you over the telephone, youll be glad to know it may not be correct. The problem is, many people have told me they did not file a disability claim for years (and went without benefits they deserve) simply because a SSA employee gave them bad information.

Advice: Dont give up on your claim until after you have reviewed your case with a disability lawyer. Disability lawyers know more about the law than SSA employees and give you correct information.

Mistake #2: Assuming the SSA Administration will approve your claim.

Not true. Many people believe that because they have paid into SSA, their claim should easily be approved when they apply for disability benefits. Many people believe its just a matter of filling out the forms and going through the process. But this isnt true. SSA denies 70 to 75% of first-time claims. SSA denies 82% of claims that are appealed for Reconsideration. However, the good news is that when cases are heard before judges, nationwide over half (53%) are approved.

Advice: (1) Appeal every denial within 60 (sixty) days of receipt, (2) build a strong case by understanding what information Security Security requires, and (3) make sure to present it properly.

Mistake #3: Assuming the disability forms you fill out will win your case.

Usually they will not. Claimants hurt their case by overstating what they can do. In most cases, SSA and judges rely heavily on medical records as well as your doctor, psychiatrist and/or psychologists opinion about your ability to work full time. If the judge isnt happy with youif he doesnt believe what youre sayingor if he is looking for a reason to deny your claim, he may look for inconsistencies in answers you provided earlier on the forms. For example, if you answer one way on the form and testify at a hearing to something else, the judge may use the answer on the form to undermine your credibility and support a denial of your claim.

Advice: When completing the forms, be honest, accurate and brief! You should always answer the question in the space provided do not attach additional sheets of paper or write in the margins. Also, it is important to assume you are back working full time on a sustained basis (8 hours per day, 5 days per week) when answering questions about what you are capable of doing.

Mistake #4: Assuming that your medical and/or psychological symptoms will be enough for the judge to approve your claim.

Not true. You need detailed medical records which document your symptoms and limitations and specific opinions from your doctor, psychiatrist and/or psychologist if you hope to win your case. Their opinions will only be given weight by the judge if you have received continuous and consistent medical treatment. If you are not treating regularly with your doctor you are jeopardizing your case!

Advice: It is critical you receive continuous and consistent medical treatment and care so you can provide SSA and a judge with current and complete medical records which support your doctors opinions.

Mistake #5: Assuming your diagnosis will win your claim.

It wont. Its true that SSA needs a diagnosis. But SSA also needs medical proof that your diagnosis causes limitations that are so significant and severe that they preclude your ability to work full time on a sustained basis.

Advice: Disability cases are won based on your limitations, not your symptoms. Make sure you provide detailed medical records from your doctor that reflect your symptoms, his diagnosis, and your limitations.

Mistake #6: Assuming SSA will be persuaded by any type of medical treatment you choose.

It will not. You can choose any alternative therapies and holistic treatments you desire. After all, you should do whatever it takes to try to get better. However, be aware that SSA and judges are most persuaded by mainstream doctors (M.D., D.O., psychologists) and how you respond or fail to respond to mainstream treatment. If you are not taking medications or are not receiving mainstream treatment by a mainstream doctor, you may be jeopardizing your claim.

Advice: To win your claim, try to exhaust every medical treatment your mainstream doctors recommend, so you can prove that in spite of doing so, you continue to be unable to work full time on a sustained basis.

Mistake #7: Assuming your family doctors opinion is the only one you need.

This may not be a good choice depending upon your diagnosis. If your diagnosis is usually made and treated by a specialist (M.D., D.O., Ph.D), you should treat with both a board certified specialist and your family practitioner. From a legal standpoint, you want to show the judge your diagnosis is correct and that you are receiving the best possible medical care. You have a stronger case when your doctor is a specialist who is skilled and experienced at treating people who have your condition. Social Security law generally gives more weight to the opinions of a specialist than a general practitioner. As a result, SSA and the judge will look more closely at the credentials of the doctor who is providing the opinion.

Advice: Get your medical treatment from a specialist because the more skill and experience your doctor has, the more likely you are to win your claim. Note: If you are a member of an HMO and they will not allow you to go to a specialist, consult with your disability lawyer, who can help you get appropriate treatment.

Mistake #8: Assuming your doctor will support your claim for disability benefits.

He may not. Some doctors refuse to help patients with their disability claims. Many doctors do not know SSAs definition of disability and believe that one has to be bed ridden to qualify. In general, doctors are very conservative in their opinion about a patients ability to work. Because SSA and a judge will want to know if your doctor supports your claim, it is critical you know the same information! After you have established a relationship with your doctor you should discuss with them the fact that you have filed a claim for disability. Ask if they will support your claim if they will not, you should consider finding another doctor because their opinion is not likely to change! It is critical your doctor supports your inability to work full time on a sustained basis!

Advice: As soon as practicable, you should learn whether your doctor supports your disability claim. If not, consider finding a more compassionate doctor who will. One place to find a referral is to attend a local support group for individuals who share your diagnosis.

Mistake #9: Assuming you have to go to SSAs doctor for a medical examination.

Often, SSA wants to a claimant to go a disability examination with a doctor/psychiatrist/psychologist it chooses. Unfortunately, the doctor is not really independent and probably performs many of these examinations for SSA each month. In my experience, the majority of the time the doctor will conclude you are not disabled and can return to work. Once this opinion is included in your file SSA and a judge will have sufficient evidence to deny your claim.

Heres the good news: SSA rules allow your doctor perform the disability exam and SSA should pay for all or at least part of it. Naturally, if your doctor supports your disability claim he will probably conclude your condition precludes your ability to work. Once your doctors exam report is in your file with a conclusion that you are disabled, SSA and a judge may have sufficient medical information to approve your claim.

Advice: This strategy is only possible if you are certain your doctor supports your claim and is willing to do the examination. If you do not have a doctor or your doctor will not perform the examination you must go to SSAs doctor or risk having your claim denied or closed out. This strategy really should only be employed by a disability lawyer because complex regulations are involved and must be complied with.

Mistake #10: Assuming an entire year has to pass before you can file a disability claim.

Not true. SSA law requires that before you can be approved one of the following must be true: (1) you have already been disabled and out of work for one year, or (2) your doctors expect that you will be unable to work for a minimum of one year from the date you last worked, or (3) your medical condition is expected to result in death. Too many people have told me that an SSA employee said they could not file a claim until one year had passed since they last worked. This information is totally incorrect and if followed, will almost certainly cost you disability benefits and medical insurance!

Advice: Apply for disability benefits as soon as you or your doctors believe your medical and/or psychological condition will preclude you from working for at least one year. Waiting to file will only cost you benefits that you may not be able to recover.

Mistake #11: Assuming that if you lose before a judge at a hearing, you can simply file another claim.

When you have a hearing before a SSA judge, you do not want to lose. This is because, practically speaking, your best chance at winning is at your first hearing before a judge. True, you can file a second application if you lose at a hearing; however, the second time you go through the process, SSA and a judge will know your first claim was denied. In my opinion, this may have a detrimental effect on your second claim as the second judge will know.

Advice: Make sure your case is properly prepared so you can present your strongest case at the first hearing.

Mistake #12: Assuming you can handle your case without a disability lawyer.

Most people cant. SSA disability laws are complex, even many lawyers do not understand them. To win your claim, you need to very carefully prepare your case from the very beginning. In addition, it is critical to understand what you need to prove legally in order to win your case; if you do not know what you need to prove why would you risk going before SSA or a judge without knowing how to win your case? The fact that you and your doctor agree you are disabled is not enough to win your case.

Advice: Retain only an experienced disability lawyer. They will help build your case, develop a case strategy, obtain a complete set of your medical records and critical opinions from your doctor that will maximize your chances of success. More often than not, your doctor will not be familiar with the stringent criteria that SSA and a judge will utilize in determining whether you meet their definition of disability.

Mistake #13: Assuming any lawyer can help you win your claim.

Not true. You want a disability lawyer who is familiar with SSA laws and regulations. Similar to doctors, attorneys generally specialize in a certain area of the law. You wouldnt go to a dentist for a physical examination, so do not pick just any attorney to represent you in your disability claim.

Advice: Choose a disability lawyer whos practice is dedicated to representing clients because your odds of winning will increase. A seasoned disability attorney will understand the strategy and tactics that are crucial to helping you win your claim.

Mistake #14: Assuming you should not hire a lawyer until your case has initially been denied.

Not true. You can hire a lawyer any time you wish. Unfortunately, many employees at SSA will tell you that it is not necessary to hire an attorney until you have been initially denied. Following this advice could be fatal to your claim! Why? Because in general, SSA will begin preparing a case against you from the day you file your application!

Advice: You should consult with and/or hire a disability attorney as soon as possible after you file your application. The attorney can explain how the process really works and lay the proper foundation for your case by developing a case strategy. The attorney can also guide your case through the myriad of rules and regulations that are certain to have an effect on your entitlement to benefits.

Mistake #15: Assuming that you cannot afford a lawyer.

Not true. In almost every case, you will only pay the attorney a fee if and when you have won your case and received benefits. SSA law limits the amount of money your lawyer can earn from your disability claim. Generally, by the time you win your claim you will have accrued back benefits. The law mandates the fee can only be 25% of your past benefits and is capped at $4,000. In other words, if your back benefits total $1,000.00, the attorneys fee would be $250.00. The law does not allow your lawyer to charge a fee on your future benefits.

What may be at stake? By way of example, assume a claimant is 45 years old and their monthly disability benefit is $1,000.00. If the person never returns to work before age 65, their disability benefits would total $240,000.00! This amount does not include the value of the lifetime health insurance they would also receive through Medicare or Medicaid.

Advice: Because the amount of the benefits can be staggering, the truth is, you cant afford not to hire an experienced disability attorney!

Scott E. Davis is a social security and long-term disability insurance attorney in Phoenix, Arizona. Mr. Davis represents clients throughout the United States. Although Mr. Davis has experience representing clients with a broad spectrum of physical and/or psychological disorders, the majority of his disability practice is devoted to representing individuals with chronic pain and chronic fatigue disorders. In almost every case, a fee is charged only if his client obtains benefits. Mr. Davis invites your questions and inquiries regarding representation via telephone (602) 482-4300, or email: info@scottdavispc.com.

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SelfInjurious Behavior and Learning Disability

Self-Injurious Behavior and Learning Disability
By William L. Smith Ph. D.

The professional literature provides abundant evidence that individual with autism exhibits a myriad of uncommon form of social interaction, communication, and behavioral pattern that often present major challenges to their families and professional providers. However, there is a noticeable shortage of quality research targeting self-injurious behavior in respect to people with learning difficulties.

One of the reasons that self-harming behavior remains largely an enigma is that when useful studies are done or appropriate theories developed they, too often, remain within a single domain such as mental health; and their broader application is not investigated. Therefore, a separate bodies of literature that consider the causes of self-harm for a particular group like people with learning difficulties are over due.

The term learning disability is used to refer to sociobiological conditions that affect a persons communicative capacities and potential to learn.

Someone with a learning disability does not necessarily have low or high intelligence, it just means this individual is working far below their ability due to a processing disorder, such as auditory processing or visual processing.

After three decades of active research interest a clear and useful definition for self-harm remains elusive. In fact, the search for understanding is the foundation of this complex phenomena that has been so absorbing to both researchers and practitioners. A wide definition would include the following: an intentional, self-directed act to destroy, disfigure or impair the appearance or function of some body part while inflicting pain; the act does not include suicidal ideation.

The language of self-harm presents a profound insight into how it is understood in society. For example, individuals who self-harm are, too often, called self-cutters The problem is that people become defined by their self-harming behavior, perhaps eclipsing other more validating defining labels, such as communication, oppression and abuse as the driving force behind self-harming activities; especially among individuals with learning difficulties.

According to recent research, self-harming is the most self-destructive behavior exhibited by people with learning difficulties. The most common these activities are head-banging, hand-biting, excessive self-rubbing, and scratching. Both individuals in general and individuals with learning difficulties engage in self-harming activities for many different reasons. However, the contributing factor for self-destructive behavior is often physiological, sociological, environmental, and psychological.

The negative effect of many of the labels used to describe self-harming behavior indicates that self-harming is perceived in our culture as socially unacceptable. Therefore, it is not always treated with compassion and understanding; and it may also be a source of guilt and shame to the individual who use this form of expression.

Studies had shown that the type of self-harming behavior engaged in act to reduced or relieved a specific form of anxiety. For example, hand-biting may be a reaction to frustration, excessive scratching could be a means of self-stimulation, and head-banging or ear-hitting may be the result of middle ear infection. Some self-injurious behavior may be the result of heightened-arousal, such behavior acts as a release that lowers the arousal state. Self-injury could be a form of self-stimulatory behavior that is repetitive, ritualistic that provide the individual with some type of sensory stimulation.

From a sociological perspective, an with learning difficulties may engage in self-harming activities to obtain attention from the environment. Often people with learning difficulties may engage in self-harming behaviors to avoid or escape unpleasant task. Research literature also suggests the possibility that self-harming activities may be related to hypersensitivity to sounds in the environment. If, for instance, a disturbing sound bothers an individual with learning difficulties he/she my communicates the discomfort by hitting one's head or ears.

The role of professional educators and caretakers is to conduct functional analysis to develop a complete description of the individual's self-harming activities and determine a possible cause and effect relationship between the activity and the environment; including social, physical, and psychological.

The two major sets of theories set forth to explain why people engage in self-injury are physiological and sociological. However, I strongly support the inclusion of a psychological theory to the mix.

The psychological connection is especially relevant to some individuals with autism or learning disabilities. It is widely recognized that this population is often limited in means of verbal communication. Therefore, individuals with autism or learning disabilities may rely on non-verbal means of expressing their emotions. This means of expression is very important if the emotional pain represents a re-stimulation of past hurts; such as physical, sexual, or psychological abuse. In such case, self-harm may represent the best attempt to assuage the of past abuse, neglect, and other trauma.

The psychological approach call our attention to many common themes that are the driving force behind many individuals who used self-injurious behavior as a means of expression. It cannot be purely coincidental that many of the same themes are reported by people who had been abused by someone in authority. These themes can be understood as messages that the individual either reinforces internally or wishes to share with caregivers and professionals

In a service-based environment, for example, individuals may feel that they have is very little control over what happens to them. Self-injurious activities may provide the only opportunity of self-control in a very personal manner; this can be very attractive when there is limited option for verbal expression. Also it is quite normal that as tension and stress mount people will seek ways to release the pressure. Individuals who use self-harm, to express emotions, find this method very effective, especially if it results in the flow of blood. For instance, if the psychological, physical, or emotional pain is too difficult to bear ... or the origin of the abuse is unclear...it may be desirable to focus on deliberate self-inflicted pain that is controlled by the individual.

It is broadly accepted that people with low self-esteem tends to engage in self-injurious behavior more often than the general public. For example, if the internalized person is worthless there may be a desire damage the external image so that it mirrors worthlessness felt inside. Individuals with autism or learning disabilities who are often devalued, by society, and experience prejudice and personal rejections from the environment this would be a likely consequences of internalized oppression.

It is true for most individuals with developmental disabilities a variety of functions are served simultaneously by self-harm in a manner that is described as self-help. Viewed in this manner, self-harming behavior can be seen both as communicative and functionally adaptive as well. This, however, raises the possibility that is self-harm represents an intended message than accurate reading of the message will diminish the need for self-injurious behavior, which is the goal of treatment.

Clearly, self-harm would not be the communication medium of choice for all individuals with autism or developmental disabilities, but this approach may represent a last effort to focus attention on some past or present unmet needs.

The relationship between communication and self-harming behavior suggest that self-harm can be a scream without sound. Many individuals with developmental disabilities have limited means of self-expression, in which case, self-harm is a convenient language.

Finally, the exact relationship between self-injurious behavior and abuse is individualized and complex. However, to explicitly ignore or implicitly dismiss self-harming activities as just part of the syndrome is to ignore the true message of self-injurious behavior which may, in fact, become the ultimate abuse.

Dr. Smith is a psychotherapist and personal consultant with over 30 years experience working with individuals and groups. Dr. Smith specializes in working with Adult Children of Alcoholics, Survivors of Incest, Childhood Sexual Trauma, Survivors of Rape, and individuals experiencing symptoms of Depression, Anxiety, Relationship Concerns, and Symptoms related to Cigarette Addiction. Dr. Smith can be reached at: insightconsultant.com E-mail: psyassociates@insightconsultant.com

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