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My Dad Doesn’t Speak English And Was Asked To Go For A Consultative Medical Exam As Part Of His Social Security Disability Application. Does He Have The Right To An Interpreter?

Yes. Your parent should not go to any kind of medical appointment—including a consultative medical exam ordered by his Social Security disability examiner—without having an interpreter available. In order to benefit from the exam, your parent needs to understand what is happening and what the doctor recommends.

The Social Security Administration (SSA) recognizes three reasons why interpreters are important in the consultative medical exam process. Those reasons include:

  • Making the SSA’s process more efficient
  • Deterring fraud
  • Making sure that applicants with limited English proficiency are treated fairly

Accordingly, it is important to know how to get the interpreter your loved one needs.

Who Is a Qualified Interpreter?

The SSA has specific requirements about the qualifications of a person who is serving as an interpreter for a Social Security disability applicant. Those qualifications include being able to:

  • Read, write and speak fluently in English
  • Read, write and speak fluently in the language of the applicant
  • Provide an accurate interpretation of questions and responses by the applicant and the person performing the consultative exam. This includes not making inferences or asking independent follow up questions.
  • Demonstrate basic familiarity with terms used in the disability determination process
  • Comply with all Social Security confidentiality and disclosure requirements
  • Demonstrate that there is no conflict of interest. Thus, an interpreter should not have a personal stake in the outcome of the case and may not be a beneficiary of the applicant.

An applicant may use his own interpreter, such as relative or friend, as long as that person is considered qualified by the SSA. Alternatively, an applicant may have an interpreter appointed for him. Either way, it is important to make sure that your parent has someone he trusts serving in this important role.

I’m Disabled. How Will You Accommodate Me If I Decide To Hire You To Represent Me?

You are not alone. Many of our clients have physical conditions that require accommodations. As a law firm that has represented people in Social Security disability matters for more than three decades, we understand your needs and we are committed to helping you.

We Don’t Ever Want You to Worry That Your Disability Will be a Barrier to Working With Our Law Firm

To that end, our Social Security disability lawyers want you to know that:

  • Our office is handicap accessible. People with all kinds of physical and other disabilities are able to come to our office.
  • There is no office visit required to start your case. We can start your case after talking to you on the phone and getting the documentation we need. Thus, we may be able to get started without you leaving your home, hospital, or long-term care facility.
  • We will schedule meetings for your comfort and convenience. If you need to testify before an Administrative Law Judge, we will work with you to meet your unique needs. For example, if you tire easily, we can have multiple, shorter meetings to prepare you to testify.

We are committed to providing the same quality representation to all of our clients, regardless of their unique disabilities. Additionally, we know that sometimes, it is not a disability that creates a barrier to seeking legal counsel, but rather something else. For that reason, we are able to provide information in Spanish and we are willing to make accommodations for clients with other needs.

To learn more about how we may be able to help you, please start a live chat with us today or call us directly at (214) 373-3761.

What Is A Sequential Evaluation Process?

For purposes of Social Security disability, the sequential evaluation process means that the Social Security Administration (SSA) must answer a specific set of questions in a specific order to determine eligibility.

The set of questions consists of five inquiries. The adjudicator, or person deciding whether or not to approve the Social Security disability application, must answer the following questions in the order that they are provided below.

The Five Questions

In order to determine eligibility, the adjudicator must decide:

  • First, is the applicant currently engaged in substantial gainful activity?
  • Second, is the disability severe?
  • Third, does the disability meet the requirements of a condition included in the Listing of Impairments? If not, is it substantially equal to such a listing?
  • Fourth, can the applicant do any of his past relevant work?
  • Fifth, can the applicant do any other kind of work?

While the questions must be answered in the order provided above, they may not all need to be answered. After each question the adjudicator has two options. He may decide that the applicant is disabled or that the applicant is not disabled. If the adjudicator finds that the applicant is disabled, the inquiry ends and the application should be approved. No additional questions have to be answered. However, if he does not find the applicant to be disabled then he must go on to the next question on the list in the order provided above.

If you have any questions about this process or how it might apply to you, please fill out our online contact form and we will contact you directly to answer your questions.

I Don’t Want The Details About My Disability To Be Public. Would The Social Security Administration (SSA) Ever Release The Details Of My Application Or Benefits To Others?

Generally, members of the public or the press may request information from a government agency, such as the SSA, pursuant to the Freedom of Information Act (FOIA). However, there are exceptions to the FOIA rule and the SSA is not supposed to release personal information about living people to the public.

You Can Feel Confident Submitting Personal Information to the SSA

In order for the SSA to make a fair and accurate Social Security disability determination for you, the agency is going to need personal and sensitive information including, but not necessarily limited to:

  • Your medical records, which may include your mental health records.
  • Statements from your treating physicians, which may include your prognosis.
  • Your work history, which may include your previous job responsibilities and the locations where you worked.

There are many reasons why you would not want this information released to the public or to an individual without your consent, and it is the SSA’s responsibility to safeguard your privacy.

Unless You Give Consent

If there is someone with whom you want to share your Social Security disability applicationor file, you have the right to provide your consent to have the information shared. This may include, for example, a doctor, social worker, or someone else. It is best to provide your limited consent in writing to the SSA. Additionally, if you have an authorized representative, such as an attorney, you may allow that person to access your records by filling out the correct SSA form, such as Form SSA-1696-U4.

If you know anyone else who is concerned about privacy during the Social Security disability application process, please share this FAQ with her so that she can better understand her rights.

My Permanent Disability Was Caused By Medical Malpractice. Can I Still Collect Social Security Disability? What Happens If I Also Pursue A Medical Malpractice Claim?

When a doctor, nurse, or hospital makes a mistake the effect can be tragic—as you know all too well if you have been the victim of medical malpractice. You went to the doctor or hospital to improve your health or to help manage your pain and instead a mistake was made that left you with a permanent disability. You are unable to work and your condition is expected to last for at least a year or result in death.

What Now?

If your condition qualifies you for Social Security disability, you may apply for benefits—and collect benefits—even if your condition was caused by the negligence of a doctor or hospital. The Social Security Administration (SSA) is less concerned with what caused your injury or illness than with what your actual injury or illness is and your expected prognosis. Accordingly, if you satisfy the requirements of one of the conditions in the Listing of Impairments or otherwise prove that you are unable to work and you qualify for benefits, you should be able to receive Social Security disability.

At the same time, you may be able to pursue a medical malpractice claim. If you are successful in your medical malpractice claim and reach a settlement, or a court rules you in your favor, it will have no impact on your Social Security disability benefits. Your benefits will not be reduced, eliminated, or otherwise impacted by your medical malpractice recovery.

To learn more about protecting your Social Security disability rights, please watch our free videos today.

Can I Get Social Security Disability If I Was Sexually Assaulted?

Not every victim of a sexual assault will qualify for Social Security disability. It is possible to be significantly injured and emotionally traumatized by the assault and still not be eligible for benefits. This is because Social Security disability is only an option for people whose disability is expected to last for more than 12 months or to result in death.

Some Sexual Assault Victims May Be Eligible for Social Security Disability

In order to prove your eligibility to the Social Security Administration (SSA) you will need to prove that: (1) you meet the requirements of a listing in the SSA’s Listing of Impairments; (2) your injury has the same effect on your life as one of the listings; or (3) you are unable to work.

You may meet one of these eligibility requirements if you satisfy the criteria for:

  • An anxiety-related disorder as described in Section 12.06 of the Listing of Impairments
  • A musculoskeletal disorder as described in Section 1.00 of the Listing of Impairments
  • Any other specific listing in the listing of impairments

The Social Security disability application process may seem intimidating. You may not know what to do or you may be reluctant to share personal information with the SSA. However, your efforts may be important and may help you significantly if you are unable to work due to the physical or emotional impacts of your sexual assault.

Accordingly, if you would like to learn more about your rights, we encourage you to fill out our online contact form today to schedule a confidential meeting about your rights and to discuss whether Social Security disability may be an option for you.

The Monthly Payments From My Own Disability Insurance Policy Would Be Greater Than My Social Security Disability Payments. Should I Just Go Through The Private Disability Insurance?

No, you should pursue a claim with both the private disability insurance company and the Social Security Administration in most cases. To understand why, please consider how both the Social Security Administration and the private disability insurance company handle this type of situation.

How the Social Security Administration Will Consider Private Disability Insurance

The Social Security Administration (SSA) will not consider any private disability insurance benefits that you receive, or may receive, when deciding whether you are eligible for Social Security disability. The Social Security disability system is not needs based. In other words, your financial needs are irrelevant to your application and, regardless of your income from other insurers, you may be able to recover Social Security disability benefits if you qualify for such benefits.

How Private Disability Insurance Will Consider Social Security Disability

However, you should check the terms of your private disability insurance to determine exactly how the private disability insurer will account for Social Security disability. Some disability insurance policies require people to apply for Social Security disability benefits and may deduct the amount received in Social Security disability benefits from the amount paid by the insurance company. Of course, even if this is true, you are still getting more in disability benefits than you would from Social Security disability alone.

Accordingly, it is important to read the terms of your disability insurance policy carefully and to take the steps that allow you to recover the greatest amount possible in disability benefits. If you have any questions or would like to learn more about applying for Social Security disability, we invite you to start a live chat with us today.

Will I Have To Sell My House Or My Assets To Qualify For Social Security Disability?

No. You will not have to sell anything in order to qualify for Social Security disability benefits. Your financial situation is irrelevant to the Social Security Administration’s (SSA) review of your application because Social Security disability is not a needs-based program.

Whether you live in a multi-million dollar property, in Section 8 housing, or something in between is of no concern to the SSA. You will not be asked to downsize your home or your financial assets.

What, Then, Does Matter to the SSA?

The SSA may not be concerned about your financial situation, but it is very concerned about your health. In order to qualify for Social Security disability benefits you must prove that you are unable to work because of your physical condition and that you will be unable to work for at least twelve months or that your condition will result in death. You may be able to do this by showing that your medical condition is included in the Listing of Impairments, by proving that your medical condition is equal in severity to a condition included in the Listing of Impairments, or by proving that you are unable to work. You should expect to supply the SSA with supporting medical documentation and a complete application.

Get Social Security and Stay in Your Own Home

You should not—and do not—have to decide between the disability benefits that you’ve earned and staying in your own home. Instead, learn what Social Security disability is really about and how it may help you by reading our FREE Social Security Disability Fact Sheet.

My Husband Died While His Social Security Disability Application Was Pending. What Happens Now?

We are sorry to hear of your husband’s passing. Please know that you are not alone. Many families experience this same problem. Your loved one filed for Social Security disability because his serious condition that kept him from working was likely to last more than a year or result in death. Then, the Social Security disability application took longer than expected or the applicant’s condition deteriorated faster than expected. Either way, the result was that the application was still pending before the Social Security Administration (SSA) when the applicant died.

The Process May Continue After Your Loved One’s Death

As the surviving spouse, you may be able to continue the Social Security disability application after your loved one has died. While you will not be able to get monthly payments for any time after your loved one’s death, you may be able to get payments for the months that your loved one was eligible for Social Security disability prior to his death. This may be a significant amount of money if the application process took a long time or if your loved one was involved in the Social Security appeals process after an initial denial of his application.

Should You Continue the Application Process?

The decision is yours to make and depends largely on how many months of benefits you think you may be able to recover. We hope that this information helps you make an informed decision and we invite you to read our FREE Social Security Disability Fact Sheet if you have additional questions about eligibility or the application process.

I Qualify As Disabled Pursuant To The Americans With Disabilities Act. Does That Mean I Can Automatically Get Social Security Disability?

No. It means that you may qualify for Social Security disability, but your application will not be automatically approved, nor will it receive any special treatment because you are disabled according to the definition of another law.

The Laws Define Disability Differently

While you may consider yourself disabled, you must meet the specific definition of “disabled” according to the law in order to qualify for the benefits of that law. While there are many different disability laws, we will focus on the two that you identify in your question.

You will be considered disabled according to the Americans with Disabilities Act if you have a physical or mental impairment that substantially limits one or more major life activities, if you have a history of such impairments, or if others perceive you as having such impairments. This law prevents you from being discriminated against for one of these reasons.

Additionally, you may be considered disabled according to Social Security Disability Insurance guidelines if you cannot do your work, you cannot adjust to other work because of your medical condition, and your condition is expected to last for at least one year or to result in death. This law allows you to recover benefits if you are disabled and have worked long enough to qualify for Social Security disability.

You may—or may not—be considered disabled according to both laws.

In order to protect your rights, it is important to thoroughly understand those rights. To learn more about Social Security disability please read our FREE book, Social Security Disability: What You Need to Know.

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