1. Why do I have to go to a Social Security doctor?
   
   Social Security believes that their consultatives are better able to make a judgment than your own doctor. A cynic—or someone who has done this for a while—might believe that the purpose is for the government to convince you that they’ve given you a fair shake and to justify their intent to turn you down. But government doctors vary in ability and integrity. Some states hire unbiased, board-certified physicians to evaluate you. Other states use so-called “volume” providers who usually consist of general practitioners who couldn’t get a job anyplace else. Their examinations are perfunctory at best, the waiting rooms are poor, and the qualifications of the doctor extremely limited. I have waited in many such consultative rooms. The general impression is that of an out of control emergency room waiting area with unattended children running around rampant, some people looking stoned, and many people waiting for hours to be seen.
   
   A consultative physician should never count as much as your own treating doctor, but in some cases, consultatives find things that your doctors don’t find. It all depends on who is doing the exam and how much time they have. The government is not required to send you to a doctor, but will invariably do so if your treating doctors do not quickly cooperate with them, and sometimes even when your treating doctors cooperate completely with them, they will still send you to a doctor to confirm—or dispute--the finding. Since they are going to be placing you on disability for some lengthy period of time, it is not unreasonable for the government to send you to a doctor. But it is unreasonable to send you to a quack because he’s cheap.
   
   
2. Are my grandchildren or grandparents eligible for benefits?
   
   There are some circumstances where these dependants can receive benefits.
   
   
3. Do I have to be a citizen to get SSD?
   
   Disabled American citizens are always eligible for SSD if they meet the earnings requirements and can’t work. It doesn’t matter where they live, even if they don’t live in the United States. Hence, someone who worked in the United States and is an American citizen can receive his SSD checks anywhere in the world (except in a few scary countries). In fact, you can file for SSD overseas. However, SSA will not have a hearing overseas. Non-citizens can apply for SSD if they are here legally. This area of the law has become one of the most contentious since the Republicans in the last few years have been making very many anti-immigration statutes affecting SS claimants. It seems every time I am asked this question, the answer has changed.
   
   
4. Is there any way to qualify for SSD if I’ve never worked?
   
   In a word, no. You can qualify for benefits on other people’s earnings records, such as if you are a disabled adult child, or a widow/widower, or a dependent child. However, generally, a worker has to work in order to be eligible for SSD. People who haven’t worked very long are usually eligible for SSI only.
   
   
5. I’ve worked mostly overseas, and worked only a brief time in Social Security. Can I get benefits from Social Security?
   
   In rare cases, the United States will have a reciprocal agreement with some other countries, mostly in Western Europe, where we will honor their earnings and they will honor ours. Hence there are some countries, where if you worked half your time there and half your time here, and you can get credit for Social Security.
   
   
6. If I die before my case is resolved, can my family pursue the case?
   
   Yes, they can, if it’s an SSD case. SSI cases, unfortunately, usually die with you, but not always. For SSD, however, your family can become a substitute party and receive the amount of benefits you were owed from onset to death.
   
   
7. I’ve heard about the government being untrustworthy in investigating claimants. Does this really happen?
   
   Yes! The government does have a special fraud unit because sometimes people work under one Social Security number and allege disability under another. Sometimes people are getting disability and work under the different number for years before they are caught. There is also a special fraud unit now, which is designed to discourage you from applying for disability. While the Social Security Act is private and no one is supposed to know, in one of the forms, they ask whether or not they can speak to your neighbors about you. As part of an experimental program designed to intimidate claimants, investigators, often police officers, go to your neighbors to ask them whether they’ve seen you walking too much or lifting objects or inquiring about you. In many instances, it’s enough to intimidate a person from applying for disability. All too often these investigators think a claimant must be a complete vegetable. Remember, the basic definition of disability is the inability to work on a sustained basis; the definition is not whether you are a complete vegetable or unable to get out of your house to go to church or shopping. However, fraud occurs with people on disability who work off the books. This is a federal crime and people are prosecuted.
   
   
8. I have heard about the Americans with Disabilities Act. How does this impact upon Social Security?
   
   Generally, the Social Security Administration's processing of cases is not affected by the Americans with Disability Act (ADA). ADA requires employers to make “reasonable” accommodations for the disabled. It is not necessarily inconsistent for someone to be both disabled and yet able to work if the employer would make an individual accommodation. The Social Security disability program is a program designed to cover thousands of people in a fair and uniform way, compared to one employee requesting a special individualized accommodation. However, it’s a difficult task to sell an Administrative Law Judge that you are disabled when you testify that you would still be working if only your employer had given you a special chair.
   
   
9. I was getting disability when I was convicted of a misdemeanor. They cut off my benefits. Was this right?
   
   No. You must be incarcerated in a state penitentiary for you to lose your benefits. If you're incarcerated for a misdemeanor, you keep your benefits. If you are incarcerated under a felony, you are entitled to have your benefits reinstated when you get out. Remember, it makes a difference whether your benefits were cut off because you were incarcerated as a felon or whether you were cut off because your disability ceased. There is always a date-last-insured problem, which you have to meet. If you were still found disabled but were cut off merely because you were incarcerated, your disability didn't cease, so when you come out, you should be able to reinstate it.
   
   By way of two examples, a judge friend of mine told me about a person who was incarcerated for drunk driving. He had been disabled because of his back and was still clearly disabled. He lost his benefits while in state prison, but was still disabled when he got out and was reinstated. On the other hand, another judge friend of mine felt terrible because she believed a cop who had very severe back problems. He was later indicted for running a drug organization. It turned out he was working all along running a drug ring. His application was obviously fraudulent all along. She wanted the government to prosecute him for the fraudulent Social Security application.
   

Next month, Charles will answer more frequently asked questions about Social Security Disability. If you’d like to be notified when Charles’ book is published, please call 1-800-662:4633, or E-mail: Info@BinderandBinder.com.