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Why do Social Security and other agencies ask questions like "can you crawl and how far" when determining whether you qualify for disability despite having the medical evidence already?It is a good question. Qualifying for benefits has several parts:Are you employed (substantial gainful activity)?If not, is their medical evidence of a physical or mental impairment that prevents working?If so, can you do other work measured by RFC (Residual Functional Capacity) Assessment?I have answered this question before with an example of why crawling is considered a skill that is required for many positions. With the proposed SSA's periodic Social Security Continuing Disability Review (CDR) rule changes, the review will likely focus even more on RFC and other work you may be able to do with advancements in medicines.SOURCE: Robin4ascii

Question: How can I win an SSD case after 3 denials?It is quite difficult for anyone to be approved for Social Security Disability Insurance (SSDI) or Supplemental Disability Income (SSI) and it is not uncommon to prove your claim all the way to the hearing stage, and some even go beyond that. About 65% of all claims are initially denied so don’t let that discourage you from seeking assistance if it is needed.It’s important to note what SSA reports on how the Appeals Council decisions end up when you are considering an appeal:72% of the Requests for Review are denied22.5% of the cases are remanded to an ALJ3% of the cases result in the Appeals Council issuing a new decision, and2.5% of the cases result in a dismissal (because the deadline was missed).Don’t let these numbers prevent you from seeking the next step on your claim. A claimant must prove disability based on actual medical evidence rather than personal claims that results in an inability to perform the functions of a job you might be able to perform or even may have performed at any time in the past 10-15 years.SSA seeks to establish that an individual demonstrates a medically determinable impairment, as required by the Social Security Act[1]. The evidence you submit, should include the names and numbers of all your treating physicians in your evidence so it can be properly evaluated.There is no trick or keywords that guarantee a favorable determination with SSA. Your case will be assessed strictly on the medical evidence you provide as well as the evidence of any SSA physicians you are required to consult by the SSA.In spite of having the ability to request a reconsideration and appeals, there are cases that go all the way to the Federal Court and are still denied. If your condition is not listed, or even if it is listed, but does not reach the extent they consider disabling, you can be denied. The Social Security Blue Book (handbook of impairments that Social Security uses to determine eligibility) Adult Listings (Part A) is the first reference for evaluating disability. The Blue Book's official title is “Disability Evaluation Under Social Security”. You must be able to produce provable medical evidence why and how your impairment keeps you from working. There are some conditions that qualify for disability right off the bat, but clearly that does not apply to you as you’ve already been denied.SSA may require that you are examined by their physician/s who can corroborate either your fitness to work or inability to work. If you refuse to cooperate with Social Security they will usually deny benefits because they cannot obtain the evidence they need to provide a favorable decision. Not filing your appeals on time can be regarded as non-cooperative, so be especially prudent on meeting deadlines, if you miss a deadline you may have to start your claim all over.There are a variety of impairments that may be difficult to deal with on a daily basis but do not, on their own, keep one from being able to work. If your condition has not existed long enough or will not last long enough or is just not severe enough, as well as not having enough medical evidence, your claim will most likely be denied. Even if SSA acknowledges your medical condition, but your condition doesn’t prevent work activity or only prevents some work activities, you are not disabled according to them.It is possible to have a concurrent or coexisting condition/s, that may help qualify your claim, where the combination of the conditions equals a disability. The Social Security Administration (SSA) bases their decisions on the medical evidence provided by your own doctor and their doctors if they have examined you. Your claim is decided based on the provable medical evidence so you should also be seeking alternatives to claiming disability and if those attempts are unsuccessful it may help prove your inability to work. I checked into several retraining programs and examined furthering my education to change my field, but each of the attempts failed to prepare me for a position that would be considered substantial gainful employment due to my extreme limitations, but, it added an extra layer of credibility to my case. My attorney was very proactive and was exceedingly helpful to ensure I would get a favorable decision, which I did, on the spot—which is quite rare, one typically has to wait a few weeks for the judge’s decision. I highly recommend having an experienced attorney because they are familiar with all the quirks and nuances of the process and will save you from having to deal with the frustrations of trying to prove your case and managing your condition, treatments, physical therapy, etc. at the same time.While you may certainly suffer some level of impairment, it may not fit the definition or impact your ability to work to the extent that SSA requires to award disability. To qualify for SSDI, you must have a disability that is so severe that it prevents you from engaging in any substantial work activities—SSA will not require you to move away to find employment. At your hearing ,the ALJ may request that a Vocational Expert (VE) and or a Medical Expert( ME) be present or via teleconference, but it is not required. It is basically the preference of the ALJ and who they want present at your hearing to help explain any confusing elements regarding your condition and disabilities. The VE and ME are experts and will remain impartial but can add some strength to your case through their explanations. You will not be examined during the hearing beyond answering the ALJs questions. If the VE identifies any jobs that you can perform, the ALJ will consider this when rendering their decision which is likely to result in denial.Footnotes[1] Social Security History

Becoming my own SSA payee?YouTube: Become Your Own PayeeIf you have a representative payee because of a physical or a mental disability, in order to become your own payee, you must show SSA that you are now mentally and physically able to handle your money yourself.Social Security Administration - Representative PayeeIf you are one of these:Under 18 years of age,Receiving SSDI or SSI for alcoholism or drug addiction,Mentally or Cognitively impairedSSA requires you have a representative payee[1] .YouTube: Do I have a right to be my own payee?If you want to dispute these assertions, SSA will reevaluate your disability and require a face-to-face meeting to assess your competence. A key component is the physicians’ statement affirming your financial competence. If you cannot obtain a physician’s letter, SSA is unlikely to let you become your own payee[2] .SSDI permits earning additional money on top of your benefit without penality up to $1,170. The maximum SSI benefit is $735 and for every dollar earned, a dollar is deducted from your benefit[3] .The ability to manage your extra earnings will help your case for financial competence. However, you risk a reevaluation that might cause you to lose your financial and healthcare benefits.If the issue is with specific individual payees, consider an organizational payee such as a mental health center or bank. They are entitled to collect a fee for their time and effort and out-of-pocket expenses such as transportation with prior SSA approval[4] [5] .When you want to change your rep payee, go to your Social Security Administration field office and request a change of payee. You will be given a form to fill out, and guidance will be provided if necessary.How to Change Your Social Security Disability PayeeIf your Representative Payee is handling your disability benefits on your behalf, he or she must use those benefits to cover the costs of your basic living expenses before doing anything else with the money you receive from Social Security. Approved expenses include housing, food, clothing and other necessary bills.What Bills Can Social Security Disability Benefits Cover?Footnotes[1] Training Organizational Representative Payees[2] https://youtu.be/Jn9Q[3] What Are My Income Limits on Social Security?[4] Guide for Organizational Representative Payees[5] Fee-for-Service Payees