CAREGIVERS & THE SSD PROCESS

HOW CAREGIVERS CAN HELP THROUGH THE DISABILITY PROCESS 

If you’re a caregiver for someone with a severe disability, then you already know how challenging daily life can be. But when your loved one can no longer work, the stress of lost income adds another layer of difficulty. You may be looking for answers for a member of your family or for a friend. If so, then you have found the right place. Because, Social Security Disability Insurance (SSDI) benefits can offer financial relief. They can also offer some peace of mind.

You may have tried to help your loved one apply for SSDI and SSI benefits. If so, then you know the application process is complex and can be overwhelming. As a caregiver, you play a critical role in helping them qualify for the benefits they deserve.

At our SSD law firm, we work with caregivers every day. We know how hard you work behind the scenes. Therefore, we want to help you support your family member or friend through the five step SSD review process.

WHAT ARE SSDI AND SSI BENEFITS AND WHO QUALIFIES?

SSDI stands for Social Security Disability Insurance benefits. It is a federal program designed to provide income to those who are unable to work due to a severe medical condition. To qualify, you must have a medical condition that keeps you working for at least 12 months or is expected to result in death. Additionally, you must have a work history and have paid into Social Security through payroll taxes. For example, if you are over 30 years old, then you need to have worked for 5 years out of the last 10 prior.

The Supplemental Security Income (SSI) program provides monthly payments to adults and children with a severe mental condition and who also have income and resources below certain financial limits.

SSI payments are designed to give you monthly income to bring you to a certain standard of living. SSI is a Federal program funded by general taxes (not Social Security taxes). It provides monthly payments to meet basic needs for food, clothing, and shelter. The base monthly federal amount varies and depends on your living situation and income. For information read SSI Benefits – What You Need to Know.

As a caregiver, understanding the basic rules of SSDI and SSI helps you become a strong advocate. Knowing the requirements can also help you gather the necessary records to prove their case.

HOW CAREGIVERS SUPPORT THE SSDI APPLICATION PROCESS

Applying for SSDI can be daunting for someone who already has serious health issues. That’s where you come in. Here are several key ways caregivers can assist during the SSDI application process:

1. COLLECT MEDICAL RECORDS

One of the most important parts of the SSDI application is providing medical evidence to the SSA. As a caregiver, you may often attend appointments with the doctor. You may also manage medications and track symptoms. This puts you in a perfect position to help organize and collect essential medical records. These include:

• Progress notes from the doctor

• Medical tests (MRIs, X-rays, lab work)

• Hospital discharge summaries

• Prescription history

Having these medical records to submit to the SSA can speed up the application process. Most importantly, they also strengthen the claim. The other thing that is important is making sure the client can get to the doctor. As a caregiver, make sure they know when they have their appointment with the doctor. Additionally, make sure they keep their appointments and tell the doctor about all of their symptoms.

2. TRACK SYMPTOMS ON A CALENDAR

The SSA wants to know how your loved one’s condition impacts their daily life. You can help them report this by keeping a symptom diary. Record how their medical issues affects their ability to get dressed, cook, and bathe. If they have negative side effects from medications, then you can write it down. You could also write about their need to lie down during the day. Likewise, you could write about their need for a cane or other device.

Additionally, you can report on mental symptoms. For example, you can report whether or not they remember instructions. Or, whether they remember to take their medication.  Likewise, if you see other mental symptoms, such as panic attacks or crying spells, you could document them.  Your observations provide timely evidence that supports the medical records.

The SSA may ask you to complete a function report or third party questionnaire. These forms give the SSA insight into your loved one’s physical and mental symptoms. Your honest, detailed answers can help the case.

WHAT OTHER THINGS CAN A CAREGIVER DO TO HELP?

SSDI and SSI forms are difficult to complete. Questions about work history, past employers, medications, and treatment dates can feel overwhelming. Additionally, many people are too sick or mentally unable to complete these forms accurately. That is where a caregiver can step in.

A CAREGIVER CAN HELP FILL OUT THE SSA’S FORMS

You can help:

• Gather a complete work history for the past 5 years – Every person who files an application for SSDI and SSI benefits must complete a Work History Form. The form should include any job done for more than 3 months on a full time basis for the last 5 years.

• Submit medical records from all doctors and hospital visits – In order for the SSA to award benefits, they must have a copy of all medical records that relate to any medical and physical conditions alleged in the claim. This may even include medical records from the past, such as hospital stays, progress notes and counseling records.

• List all current and past medications – The SSA requires a list of all medications. Medications show treatment for severe medical conditions. One of the reasons that the SSA asks you to complete a medication list multiple times is to check on your treatment plan. Are you following it? If one medication doesn’t work, then do you try a different one? The SSA expects you to follow the treatment plan from your doctor.

• Submit all physical and mental conditions to the SSA –  Make sure that the application for benefits lists all physical and mental conditions. Some people assume that they should only include the main conditions that are bothering them. For example, they may have back pain from arthritis. So, they list only that condition. However, they might not include their diabetes type II or their anxiety disorder. Additionally, a caregiver can help by filling out responses to questions online. The caregiver can also review the application and forms for errors.

SHOULD A CAREGIVER ATTEND THE SSA HEARING?

If the SSA denies the application for benefits, then there will need to be a hearing with an Administrative Law Judge (ALJ). Your role as a caregiver is important at this level of the case too. You should consider going to court with your loved one, but only as emotional support. For example, you can drive the client to the hearing. Also, you can help them review the questions they will need to answer. Everyone needs a friend to help them during a difficult time. Caregivers are that friend.

However, it is not a good idea for a caregiver to act as a witness at the hearing, unless the client cannot speak for themselves. If our client has dementia, schizophrenia, or other medical conditions that hinder their testimony, then we may ask the caregiver to testify. The client and family should discuss whether the caregiver should testify with the lawyer. Your lawyer will know the best action to take.

Judges often consider caregiver testimony, especially when it aligns with medical records. At our law firm, our lawyers prepare the client to testify at the hearing.

HIRE A DISABILITY ATTORNEY TO HELP WIN BENEFITS

You don’t have to go through this process alone. At our firm, we understand how overwhelming this process can be for both the person with a disability and their caregiver. We offer experienced legal help through every step of the SSDI process. We will help you from the initial application to the hearing.

One of our Social Security lawyers can:

• Help gather and organize evidence

• File appeals if the SSA denies benefits

• Represent your loved one at their hearing

• Make sure deadlines are met and paperwork is accurate

Most importantly, you don’t pay us unless we win the case. Our team fights to get your loved one the benefits they deserve—so you can focus on being their caregiver, not their case manager.

Being a caregiver is already a full time job. Supporting a loved one through the SSDI process adds even more responsibility. But you don’t have to carry the burden alone. By hiring an experienced SSD law firm you can help your loved one secure the financial support they need.

Contact us today for a free review of your SSD case. We’ve helped thousands of families get the Social Security benefits they deserve. We are here to help you win your benefits too.

YOU ONLY PAY ATTORNEY FEES IF WE WIN YOUR BENEFITS

The SSA has capped attorney fees in Social Security cases at 25% of your past due SSDI benefit or $9200, whichever amount is less. This is the most your attorney can charge if your case is won at the hearing level or below. It doesn’t matter if your case is for SSDI or SSI benefits, the attorney fee is the same.

For example, if your attorney wins your SSI case and your back benefit is $10,000, then the attorney fee will be 25% of the back benefit, or $2500. In such a case, you would not pay the cap. Instead, the attorney fee is 25% of the back benefit, which is less than the cap.

For another example, if your attorney wins your SSI case and your back benefit is $100,000, the attorney fee is not $25,000, which is 25% of the back benefit. Instead, the attorney fee would be the cap. Because the cap is the most your attorney can charge you after winning your case at the hearing level or below. That is true even if 25% is higher than the cap.

Additionally, your attorney can only charge an attorney fee if they win your case. In other words, if you do not win your SSI benefits, then you do not pay an attorney fee. This means that your attorney has worked for up to two years on your case for free. So, if you don’t get benefits, then your attorney doesn’t get paid. Obviously, your attorney has a good reason to win your case. Learn about attorney fees in SSD cases.

OUR LAW FIRM CAN HELP YOU WIN YOUR SSD BENEFITS

In the past 30 years, we have won millions of dollars in ongoing and past due SSDI benefits for our clients. If you want to win SSD benefits, then hire an attorney with decades of legal experience. Contact us.

We want to see you win all of your ongoing and past due SSD benefits. Every attorney charges the same attorney fee in Social Security cases. Therefore, you will spend the same amount of money for an attorney with years of experience as you will on a new attorney. As such, you should hire the attorney with the most experience to help you with your case.

Many law firms claim they practice Social Security law, but it isn’t really true. Instead, they dabble in SSD claims. Usually the main focus of their practice is some other area of law, like personal injury. Our firm is not like that. We are experts in Social Security law.

You can learn more about the attorneys at our law firm on our About Us page. If you want a free review of your SSD case, then we will walk you through your options. Our attorneys and staff can also help you apply for your SSDI and SSI benefits. If you need help at any time during your Social Security case, then contact us.