Is this a trick?
Probably not. It is most likely a result of inefficient government operations. The forms were developed over a period of years by many different bureaucrats. Each time a form was invented or revised, new questions were added. The result is that form 4 asks the same question that was also on forms 1, 2 and 3.
Is there a right way and wrong way to fill out these forms? Yes, there is. The best I can offer are some general tips or guidelines for completing these forms properly. I am referring here to forms such as the Application for Benefits, Function Report, Disability Report, Work History Report, etc.
Rule 1: Be honest. Don't exaggerate your symptoms or limitations. On the other hand, don't minimize your problems.
Rule 2: Try to be consistent. Don't say one thing on the application, something different on the Disability Report and yet something entirely different on the Function Report.
Rule 3: Be specific. Avoid terms like, "not much, not often, a little bit, sometimes, and a little while." Use phrases like "every 10 or 15 minutes, once or twice a week, about 30 minutes, or not more than 10 pounds."
Rule 4: Never skip a question just because you already answered the same question on another form. Do not say, "See my answer to question 4 on the Function Report," etc. If they ask the question 5 times, answer it 5 times.
Rule 5: Answer every question. When I review forms to take a case before a judge, I nearly always encounter forms that were not completed. Questions were skipped, or the claimant wrote "N/A" instead of an answer. Or, I encounter meaningless answers like "just a little while" or "not very often." Answer all the questions and put some real thought into them.
Here is an example of what I mean: The question asks, "How often do you leave your home? If you do not leave your home, explain why not."
POOR ANSWER: "Not very often." (No one knows what that means).
GOOD ANSWER: "About twice a month-- to the doctor or grocery store. I stay home most of the time because being in a public place increases my anxiety, causing panic attacks."
I count about 27 pages of forms in a Social Security application packet. Each page may contain anywhere from 6 to 15 questions. It will take hours to accurately and carefully fill out these forms. It is an odious chore, for certain. But you must fill them out.
Some attorneys or advocates will help you complete these forms. Others will want you to complete the forms yourself. You can understand that if an attorney earns $350 per hour, he may not want to invest 4 or 5 hours in filling out forms. But, if you find one that will, take advantage of it. (You cannot be charged just for help with filling out forms).
Here is why each form is important:
- The Application provides basic information: name, address, phone number, employers, list of medical conditions, etc.
- The Disability Report contains your medical information, including all the doctors and providers you have seen, medications you take, etc. Social Security uses this to order your medical records.
- The Function Report provides a picture of your daily activities: what you can do, what you cannot do. This form will show your restrictions in your various activities. In short, it is a picture of your disability.
- Work History Report helps Social Security properly classify all your past jobs according to (a) skill level and (b) exertion requirements. That's why you must, must, must fill in all those questions about sitting, standing, walking, stooping, reaching, handling, kneeling, climbing, writing, etc. If you don't, your job will get improperly classified and can cause you to be denied unfairly.
No comments:
Post a Comment