Disability examiners have the option of not asking claimants for details of their past work under a Social Security Administration (SSA) policy dated June 2004 [1] SSA is permitting this practice even though the agency’s regulations explain the potential need for job history going back fifteen years.
When examiners exercise their option to dispense with details of work history, it can have serious consequences for claimants who need and deserve benefits.
When examiners forgo asking claimants to complete the SSA work history questionnaire, it deprives the claimants of an opportunity to demonstrate that their past work is now too hard for them.
Is it wise for claimants to leave it up to disability examiners to decide whether this important evidence is in their claim folders?
Incapacity for past relevant work (PRW) is something claimants must prove to win benefits, except in cases where medical findings are unusually severe. [2] SSA reaffirmed the necessity for this proof in Social Security Ruling (SSR) 05–1c published February 15, 2005.
Unless claimants have the foresight to furnish work history without being asked, they often may fail to win the cash and healthcare benefits they paid for with their FICA withholding.
To avoid this potentially fatal gap in proof, claimants can do one of two things. They can either fill out and submit to SSA a Work History Report on Form SSA-3369, or can furnish SSA a completed set of Disability Workbook worksheets. Following either procedure assures that SSA has the evidence with which to compare their current limitations with the physical and mental demands of their past jobs, and to make a sound decision on their capacity to do past work.
The Form SSA-3369 is available free on the Internet at: http://www.ssa.gov/online/ssa-3369.pdf
The Worksheets are available as part of the Pds Disability Workbook for Social Security Applicants and separately as a downloadable e-book on: www.disabilityfacts.com.
[1] For example, SSA Program Operations Manual System (POMS), Section DI 20501.035.
[2] Code of Federal Regulations (CFR), Title 20, Section 1565.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
CLICK BELOW TO ADD COMMENTS TO THIS BLOG
Friday, February 18, 2005
Monday, February 14, 2005
Social Security will send its exam reports to your doctor
Many who apply for Social Security disability benefits are examined by Social Security doctors. Often these applicants would like copies of the government medical examination reports to be sent to their personal doctors. Social Security Administration (SSA) policies permit this.
The disability determination services (DDS) appointment notice that you receive when the government schedules exams will normally explain that a copy of the report will be sent to the treating doctor if you (the applicant) request it.
If the claim was decided a long time ago, the request may be made to the Social Security office where the claim was filed.
We have listed below some SSA Program Operations Manual System (POMS) sections that describe the policy, and short extracts from pertinent text.
DI 22510.016 . . . After the examination or test is completed, we will be glad to send a copy of the report to your treating source if you give your permission.
DI 22510.020 . . . With the claimant's permission, or where the examination discloses new diagnostic information or test results which reveal potentially life-threatening situations, refer the CE report to the claimant's treating source. Notify the claimant if the CE report is referred to the treating source without the claimant's permission.
DI 22510.065 . . . With or without the claimant's permission, when the CE discloses new diagnostic information or test results that reveal potentially life-threatening situations, send a copy of the CE report to the claimant's treating source.
DI 30510.055 . . . The DDS should institute procedures which provide for prompt identification and referral of consultative examination reports to attending physicians where the examination turns up diagnostic information or test results which would be of significance in the claimant's or beneficiary's treatment. Referral to the claimant's treating source is particularly important where the information reveals a previously undiagnosed condition that may require immediate treatment.
The full text of the first three references may be found at:
http://policy.ssa.gov/poms.nsf/subchapterlist!openview&restricttocategory=04225
The full text of the fourth reference may be found at:
http://policy.ssa.gov/poms.nsf/subchapterlist!openview&restricttocategory=04305
To follow developments in Social Security disability, visit: www.disabilityfacts.com
CLICK BELOW TO ADD COMMENTS TO THIS BLOG
The disability determination services (DDS) appointment notice that you receive when the government schedules exams will normally explain that a copy of the report will be sent to the treating doctor if you (the applicant) request it.
If the claim was decided a long time ago, the request may be made to the Social Security office where the claim was filed.
We have listed below some SSA Program Operations Manual System (POMS) sections that describe the policy, and short extracts from pertinent text.
DI 22510.016 . . . After the examination or test is completed, we will be glad to send a copy of the report to your treating source if you give your permission.
DI 22510.020 . . . With the claimant's permission, or where the examination discloses new diagnostic information or test results which reveal potentially life-threatening situations, refer the CE report to the claimant's treating source. Notify the claimant if the CE report is referred to the treating source without the claimant's permission.
DI 22510.065 . . . With or without the claimant's permission, when the CE discloses new diagnostic information or test results that reveal potentially life-threatening situations, send a copy of the CE report to the claimant's treating source.
DI 30510.055 . . . The DDS should institute procedures which provide for prompt identification and referral of consultative examination reports to attending physicians where the examination turns up diagnostic information or test results which would be of significance in the claimant's or beneficiary's treatment. Referral to the claimant's treating source is particularly important where the information reveals a previously undiagnosed condition that may require immediate treatment.
The full text of the first three references may be found at:
http://policy.ssa.gov/poms.nsf/subchapterlist!openview&restricttocategory=04225
The full text of the fourth reference may be found at:
http://policy.ssa.gov/poms.nsf/subchapterlist!openview&restricttocategory=04305
To follow developments in Social Security disability, visit: www.disabilityfacts.com
CLICK BELOW TO ADD COMMENTS TO THIS BLOG
Subscribe to:
Posts (Atom)