
Winning Isn't Easy: Navigating Your Social Security Disability Claim
Nancy L. Cavey, a seasoned attorney with over thirty-nine years of experience, explains the complex world of filing for Social Security Disability benefits. Filing for disability can be a confusing, life changing event, so with her deft expertise, Nancy will guide you through:
- The ins-and-outs of qualifying for Social Security Disability benefits (such as age and insurance requirements).
- Information regarding the process and lifespan of a claim, from the initial application to the request for hearing stages.
- Traps one can fall into while navigating the Social Security Administration's step-by-step Sequential Evaluation.
- Insights, overviews, and claimant stories regarding disease-specific content (ranging from commonplace ailments such as workplace injuries or accidents, to difficult to diagnose illnesses such as Fibromyalgia, Multiple Sclerosis, and POTS).
- Pertinent news happening in the disability world, and
- Much, much more.
Each episode of our podcast Winning Isn't Easy will expose you to invaluable tips and tricks for surviving the disability claims process (a system that is often wrought with pressures and pitfalls designed to encourage you to give up the benefits you rightfully deserve). As host, Nancy will often be joined by guest speakers who themselves are industry experts, ranging from lawyers specializing in related fields and doctors focusing on the diagnosis and treatment of specific diseases, to our associate attorney Krysti Monaco.
In her late teens, Nancy's father was diagnosed with leukemia. As someone who witnessed firsthand the devastating emotional and financial impact on both individual and family that being disabled and filing for benefits can have, Nancy is not just an attorney, but an empathetic presence who understands what you are going through.
Do not let disability insurance carriers rob you of your peace of mind. As a nationwide practice, The Law Office of Nancy L. Cavey may be able to help you get the disability benefits you deserve, regardless of where in the United States you reside. Remember - let Cavey Law be the bridge to your benefits.
Check out the links below to engage with us elsewhere:
Website - https://caveylaw.com/
YouTube - https://www.youtube.com/user/CaveyLaw
Winning Isn't Easy: Navigating Your Social Security Disability Claim
Navigating Disability Programs, Empowerment, and More with Guest Tracee Garner
Welcome to Season 1, Episode 31 of Winning Isn't Easy: Navigating Your Social Security Disability Claim. In this episode, we'll dive into the complicated topic of "Navigating Disability Programs, Empowerment, and More with Guest Tracee Garner."
Living with a disability means navigating a world full of challenges, both personal and systemic. But for author, speaker, and advocate Tracee Garner, those challenges have become the foundation for a powerful mission: empowering others to live fully and fight for the benefits and support they deserve. Tracee is a full-time wheelchair user with scoliosis and muscular dystrophy. She’s also the author of more than twenty books, blending her lived experience with her passion for storytelling and advocacy. In this episode of Winning Isn’t Easy, Tracee shares her personal journey, the obstacles she’s faced in navigating disability programs, and the strategies that help her, and others, stay organized and resilient in the face of red tape. You’ll hear her candid perspective on overcoming shame around seeking support, building confidence through advocacy, and the practical tools that make the process a little less overwhelming. Whether you’re filing for disability benefits yourself, supporting a loved one, or working within the disability community, Tracee’s insights will leave you both informed and inspired. Because at the end of the day, disability is not just about surviving the system - it’s about thriving in spite of it.
In this episode, we'll cover the following topics:
One - Personal Journey and Advocacy
Two - Navigating Disability Programs and Overcoming Challenges
Three - Organization and Empowerment
Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.
Listen to Our Sister Podcast:
We have a sister podcast - Winning Isn't Easy: Long-Term Disability ERISA Claims. Give it a listen: https://wiedisabilitypodcast.buzzsprout.com
Resources Mentioned In This Episode:
LINK TO YOUR RIGHTS TO SOCIAL SECURITY DISABILITY: https://mailchi.mp/caveylaw/your-rights-to-social-security-disability-benefits
FREE CONSULT LINK: https://caveylaw.com/contact-us/
Need Help Today?:
Need help with your Social Security Disability claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.
Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.
Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.
Nancy Cavey [00:00:10]:
Hey, I'm Nancy Cavey, national erisa, idi and Social Security Disability attorney. Welcome to Winning Isn't Easy, the Social Security Disability Edition. Now, before we get started, I have to give you a legal disclaimer. This podcast is not legal advice. The Florida Bar association says I have to tell you that. But now that I've said that, nothing will prevent me from giving you an easy to understand overview of the disability insurance world, the games that carriers play, and what you need to know to get the disability benefits you deserve, both in the disability insurance world and the Social Security disability world. So off we go. I am thrilled to have Tracy Garner, a passionate disability advocate, author and speaker.
Nancy Cavey [00:00:56]:
She is a full time wheelchair user with scoliosis and muscular dystrophy. She's made it her life's mission to empower others by sharing her personal experiences, navigating the disability benefit world, and of course, the challenges that come with a disability. She's the author of over 20 books drawing on her personal journey to inspire and educate others. Tracy's insights on overcoming obstacles, reducing shame, about seeking support, and staying organized while navigating disability programs is going to leave you informed and motivated. Tracie, thank you so much for being here today.
Tracee Garner [00:01:36]:
Thank you, Nancy. Thanks for having me.
Nancy Cavey [00:01:38]:
Our pleasure. Now, we're going to talk about three things today. The first is going to be Traci's personal journey and her advocacy role, two, Navigating Disability Programs and Overcoming Challenges and number three, organization and empowerment. But before we get started, we're going to take a quick break.
Tracee Garner [00:01:57]:
Are you considering filing for Social Security Disability or has your claim been denied already? Either way, you require a copy of your rights to Social Security disability benefits, which will cover everything you need to know about the Social Security disability claims process. Request your free copy of the book@kvlaw.com today. Foreign.
Nancy Cavey [00:02:32]:
Welcome back to Winning Isn't Easy. Let's talk about Tracy's personal journey and her role as an advocate. Tracy, can you share a bit about your journey growing up with muscular dystrophy and using a wheelchair and how those experiences shaped your life and your approach to advocating for disability rights?
Tracee Garner [00:02:53]:
Sure, sure. Thanks, Nancy. I would say that when I was growing up, I actually got my first wheelchair in elementary school. I was, you know, I was diagnosed at age 2 with muscular dystrophy through a biopsy and just trying to walk and falling down a lot, which was how my parents noticed that I was having trouble and something was wrong. I wasn't performing like other peers my age. Getting your first wheelchair in elementary school was actually very liberating. I used to pay other kids in school to push me because I didn't want to be pushed. My dad actually made me get a manual chair when I first started using a wheelchair.
Tracee Garner [00:03:33]:
He wanted my muscles to continue and kind of not really knowing the full extent of what a degenerative muscle disease is and some resistance there. So I would pay friends and candy. Hey, could you push me up this ramp? Could you push me to my next class and buy lots of M&MS. And push pops until I got in trouble? It's like, don't do that. Don't give people candy and try to bribe them. So I actually got my first power chair. It was like one of the top of the line, newest phenoms to have a power chair in sixth grade. And so then it was on.
Tracee Garner [00:04:11]:
I felt liberated. I felt like I could go wherever I wanted to. I remember shopping with my mom and she would just park me somewhere, you know, looking at some, you know, other older woman while she shops, while my mom was in the clothes and everything. So it's just a liberating experience. You know, sometimes people probably equate something like that with a negative experience. But for me it was like I could use, you know, I could be more independent and, and move around as much as I wanted to. So I loved it, loved getting a power chair. I have such a good attitude mostly because of my parents and my dad was an ordained minister, so faith was a big thing in my household.
Tracee Garner [00:04:51]:
And just the optimism. I've always been pretty optimistic since I was a child. Always been outgoing and gregarious and funny. I use a lot of humor when I meet people and, you know, just instantly like me. And so I really learned to navigate things. And I would say two things that really helped me were participating in partners in policymaking. A lot of states have this nine month program where they learn to advocate and speak up. And I took, I was one of the first classes to take that.
Tracee Garner [00:05:24]:
And it's been going on more than 20 years. But partners in policymaking really gave me my voice and taught me how to advocate for myself. There was actually a lesson on making public comment and doing testimonials. And so it's really in that telling a story about myself and about what my needs are that really helped me develop my ability to speak up, speak up for myself. But also I was obviously speaking up for other people and bringing them along with more transportation, more higher caregiver pay. So it's really the issues that were A part of my life and the things I struggled with that gave me the voice and to be able to talk and articulate to the powers that be about our needs.
Nancy Cavey [00:06:07]:
So you've written over 20 books, which is amazing. How has that influenced your storytelling and the messages that you share? And as you're writing, do you find that also to be liberating to your soul and your spirit?
Tracee Garner [00:06:21]:
Absolutely. So liberating. In fact, when I don't have time or I'm really busy and don't have time to write, find myself getting a little angry, a little moody and you know, just don't want to deal with people. So writing, I can't not not write, right? I cannot not visit with that visit with my characters. What really resonated with writing my first book that I had such a hard time with math for liberal arts as a speaker and a writer, you know, a lot of people do one or the other, they will speak or they like kind of, you know, sciences and maths and I was the English person. I got really good grades in English and creative writing and all those things that require words. So I kind of disappeared in my math for liberal arts class in College at 20 something and started writing my first book, a love Story. I read a lot of mostly romantic suspense.
Tracee Garner [00:07:15]:
I have written a book on disability and I've written an inspirational self help book. But as I escaped into my fiction, I escaped a little bit from my disability. Not that my disability was just so overwhelming, but I got to live vicariously through my characters. I actually didn't give my characters many disabilities until later when it became a thing. When I first started writing romance more than 24 years ago, it wasn't a big deal to really have representation that really came along only in the last five to maybe eight years. And so, you know, now I do have characters, but the whole point for me was to escape was to, you know, have a world that was kind of perfect. People obviously confronted adversity, but they always won in the end. So that was a big part of just the escapism.
Tracee Garner [00:08:05]:
I didn't know it could be lucrative until I entered my first contest. While I was in college, I got a trip to New York in an advanced and a book deal to publish my work. All from writing in that math or liberal arts class where I tuned out and escaped to a world that I created. And I got to do everything and plan everything. And so it's just a wonderful opportunity, but also gave me even more storytelling abilities and more ways to resonate with people and Share who I am through writing.
Nancy Cavey [00:08:35]:
So has the message that you've been sharing changed over the years? And if so, how and why?
Tracee Garner [00:08:42]:
I don't think it's changed so much over the years. I think that, you know, disability topics ebb and flow. Obviously, right now, this political climate, we're kind of in the fight of our lives, but we were in the fight of our lives 50 years ago with, you know, not our home, not nursing homes, but our homes. So it kind of just. It just seems to keep recurring. Every 40 to 50 years, we have a new wave of oppression that we have to fight for, that we have to organize and do things. And so it just keeps occurring. What I try to do is really to stay visible.
Tracee Garner [00:09:17]:
You know, every time I go to a writers conference, I'm always the only one me or one or two people out of. Like, I went to a writers conference, you know, not long ago, 2000, mostly women. And, you know, I'm the only wheelchair user. So I just. For me, it's not so much about what I'm talking about. It's also about staying visible. Like, I could go and stay home and hide, you know, and just kind of be a recluse. But I try to be out there.
Tracee Garner [00:09:43]:
I try to make sure that things are accessible and, you know, and I understand why people run away and hide, because it's hard. It's hard. Confronting advocacy is exhausting, and you really have to pick your battles. You know, sometimes I'll pick a battle, and it'll be that, and then I won't pick a battle. Maybe on the home front with, you know, caregivers or something I need to speak up for. I'll just be like, okay, I've had enough advocacy for today. I'm tired. You know, I get the pass.
Tracee Garner [00:10:11]:
Just let it go. Let the upfront happen. Can't fix that that ramp sign fell down or that voting phone number fell down today. And Tracy didn't call and say, hey, put that back up, so somebody who drives up can call and get the ballot brought out to them. So just little things. I don't think people realize how exhausting advocacy is, and. And it is hard to stay visible and vigilant.
Nancy Cavey [00:10:37]:
So before we take a break, I want to digress and ask you a question about advocacy. What are the advocacy issues that the community is facing right now that, you know, potentially people can get involved with?
Tracee Garner [00:10:49]:
Right. There are actually so many. There's so many areas. But I would say the top three to five include deployments, you know, substantial gainful Activity. You know, a lot of about that through SGA and the Social Security Administration. Social Security really needs to change its laws and rules as it pertains to the earnings that people with disabilities can make and still receive benefits. Veterans people don't know that. A lot of people don't know that.
Tracee Garner [00:11:15]:
Veterans receive 100% disability, can receive 100% disability benefits and not be penalized for still making a ton of money out in the workforce. But we can't make over approximately $1,600 a month and still keep our benefits. I have caregivers that are a little bit. I have a copay which can be really hard at times to pay, you know, three and four different people. I have four different people a week that take care of all the hours and paying four different people. My copay can really get expensive. When you have, you know, you have durable medical equipment that needs fixing, that breaks down, there's no money for that. An adjustable bed, a ceiling lift or a hoyer lift, all these things really can add up.
Tracee Garner [00:12:02]:
So being able to earn more money. So employment, the sga, Social Security's rules and regulations on earnings and then I would say health care and navigating caregiver spaces and then the Medicaid and the Medicare, the Medicaid waiver program that pays for some direct support. Those need more hours a week for people. People are trying to live and there's just so many blockages to prevent you from really earning money. You either stay on Social Security and you struggle or you try to work and then you have a medical setback and then you can't work or earn what you were earning. And that's a big hit. That is a major adjustment. I would say those are the top things.
Tracee Garner [00:12:46]:
And then transportation and actually transportation and housing. So if I had to say the top three, I'd be transportation, earnings and employment and then housing. We are in a housing crisis where, you know, affordable and accessible is really an oxymoron. There is no such thing. If it's affordable, it's not accessible. And if it's accessible, it's not affordable. So just creating more housing vouchers. The housing choice voucher is a program here that we have in Virginia.
Tracee Garner [00:13:16]:
But there aren't enough slots for people to get something where the rent is reduced based on income, those set asides for that in each apartment or you know, even the first time home buyers program really only gives you down payment assistance, but doesn't give you mortgage assistance month to month. And so where are people who are only earning you know, 60 to $2,000 a month supposed to go, and how can you afford a caregiver or someone to help you day in and day out under those circumstances? So those are the issues that we are facing. But again, there, there are multiple fronts that advocacy is needed, but these are the things that would give us, you know, dignity and quality of life and a living wage.
Nancy Cavey [00:14:01]:
Thanks for that insight. Let's take a quick break. We're going to come back and ask Tracy some more more questions that I think will inspire you with her answers. Welcome back to Winning Isn't Easy. Now let's talk about navigating disability programs and overcoming challenges. You've had a lot of personal experience in applying for and using disability benefits. What are some of the biggest lessons you've learned about navigating the system? And of course, we know one of the first issues is what we call sga, which is significant gainful activity, which is based on a person's ability to earn at least 1,650 per month. This year, that number changes.
Nancy Cavey [00:14:54]:
That's one of the first questions we ask as a Social Security lawyer is, are you insured? And are you working? And if so, how much are you earning? Because if you're earning more than that SGA number, you're automatically disqualified. But other than the SGA issues, what are some of the lessons you've learned about navigating the system?
Tracee Garner [00:15:12]:
Some of the lessons I've learned is just that you really have to be proactive. I think people sometimes are kind of lax about their benefits, and you almost have to treat it like a job. Like, you know, every morning you're going to work on it, you're going to make a phone call, you're going to file a piece of paperwork, you're going to call the doctor's office and get that record that you need that you didn't get. And I just think that people can be kind of lax. There's almost, you know, kind of an these are entitlement benefits, but that doesn't mean they're going to help you get them. And so you really have to take steps and get organized and really treat it like, you know, you're going to an appointment every day or you're going to a job interview. And just take it seriously. Don't be cavalier about it.
Tracee Garner [00:16:01]:
And it's while it's not a lot of money, it is still some money that can really help you no matter what kind of situation you're in. So sometimes people treat, you know, applying for benefits like they Owe me or I, you know, people should give me this because I'm disabled and I can't do this or that. And, you know, really the world doesn't owe anyone anything, unfortunately. You know, you have to go in there and really know your rights and know that you are entitled to this, but it's not a kind of owing thing. And then sometimes people act like the disability benefits are the end all, be all. They have been saying for years upon years that this is a supplement. This is not meant to be your only resource of income. And parents, I really think you need to kind of wise up and wake up that they, especially while they're young and they're earning money through their job and employment and you know, they have little Johnny or Susie as a child, this is the time to be setting aside funding before their disability gets really worse, before they have some kind of medical setback or emergency and while they're still young.
Tracee Garner [00:17:13]:
So really socking money away as much as they can possibly save, putting that in a trust and really shoring them up because they're going to get older, they're going to have their own medical issues, and they're going to also need money to care for themselves and their child or young adult with a disability. So while your parents are young, while you as parents are young, really think about what can we streamline and what can we save to put in distrust so it doesn't affect, again, little Johnny or Susie's, you know, their ability to earn benefits, but have that set aside for their future? And it's never too late to save something.
Nancy Cavey [00:17:58]:
So many people will run into challenges such as unexpected financial hurdles or, you know, challenges with their paperwork. Can you share with us a moment that you faced with either those issues or another issue and what you learned from that challenge?
Tracee Garner [00:18:14]:
Challenge and hurdles and lesson learned is I am the poster child for the overpayment. Even though I do Social Security applications almost on a weekly basis, I have never met anyone who had as much of an overpayment as I did. That stemmed from me working at the university that I was attending at the time. I worked in the admin in the front office and I was just working like for just four or so hours a day for about three days a week, thinking nothing of it, while also receiving my disability benefits. And I often have this in my slides that I do, a presentation. If you guess how much my overpayment was, you'll get a little prize, which is usually my book on disability. But my overpayment was the first one was $800. Now, you can overcome that.
Tracee Garner [00:19:05]:
You can play dumb and act like you don't know. I didn't know. I'm sorry. You know, you can write a letter and they might waive it. So I had a first one of $800, and I really should have wised up then, but I didn't. And then the Second one was $27,000 in overpayment of Social Security benefits. And that was difficult. And that people don't also realize that that cost me a job because I was actually interviewing for a government job with the FBI.
Tracee Garner [00:19:38]:
And I have some people in my family who work for the FBI. And I was able to get in and get my interview, and they started doing my background check. What they did my background check. They saw that I had such a large overpayment, and to them, it didn't look like I was doing a lot about it. And I would also say to them that I had shame about it. So to them, it might have seemed like I was trying to hide something. And when they finished my report and I didn't get the job, they. They said in the report that I lacked candor about my Social Security Administration overpayment.
Tracee Garner [00:20:11]:
Now, today, looking back at that, I would have pushed forward and said, no, I'm trying to resolve this. I'm paying it. And I probably would have got the job because I did get another offer for another job with a different government agency. But things like that, people have shame over them. It happens. In fact, There was a 60 Minutes interview the other day that Anderson Cooper essentially asked this couple, do you have an overpayment? But Social Security didn't, you know, didn't take your paperwork to say, this is what I'm earning, adjust my benefits as such. And I think their overpayment was, like, anywhere from 25 to $50,000, and they had no idea how they were going to pay that money back. That is very stressful.
Tracee Garner [00:20:54]:
That causes illness. That causes depression and anxiety. For mine, I actually voluntarily had my check garnished. $150 per pay period, until I paid it off. And, you know, that was embarrassing to tell my boss and to deal with that, but it's doable. All the money, first of all, is not due at one time. You can always make a payment plan for almost anything under the sun. And a lot of.
Tracee Garner [00:21:23]:
I just recently had a hospitalization in April where I was in the hospital for nine days. Now a lot of the bills are coming with automatic payment plans. They are suggesting to you, hey, break this up into four installments. If you'd like, just click this button and it's, you know, it's amazing how we've evolved and how we don't blame people anymore for their financial, especially their medical financial burdens. But back then, this was 20 years ago when I was trying to get that job that, you know, it just felt like just this unbearable thing, weight that you could not get under and could not get off of you. But you know, it's so different now. I would even say the customer service representatives at Social Security are a little bit nicer now. I ran into some really nasty ones.
Tracee Garner [00:22:12]:
And that's another tip I would give people, is to really watch your energy. You know, you have anxiety and you know, issues around working with them, but don't let that turn you into having a nasty attitude because they're going to be nasty to you if you're nasty to them. So just check your emotions. Try to go into it thinking that people want to help me. They're not against me, they're not out to get me. One of my tips is just really check your attitude, practice with a friend about what you want to say and try to speak, to speak up. Even taking something like public speaking toastmasters just to help me build confidence in talking and saying. And so looking back on my, my voluntary check garnishment, I was just had a lot more confidence like this happens.
Tracee Garner [00:23:03]:
And honestly, when I was earning Social Security benefits and working, I was having fun. I was able to get a modified vehicle that I had to pay a lot of money for. And I also had vocational rehabilitation pay some of that. I was buying the things that I wanted. And I was also paying for school. So, you know, Social Security administration helped put me through school. It's not the right way to do it, but looking back on it, I was able to get the things that I needed. And you know, now you have to report your earnings, everything you make, and they'll adjust your benefit amount for you.
Tracee Garner [00:23:34]:
But a lot of people don't do that. Every time you get paid, you have to call them or use the mobile app to report your earnings. And people need to stay on top of that.
Nancy Cavey [00:23:44]:
Yeah, you know, there's the ticket to work program that people should enroll in and then there's the extended work program that I think is fantastic and can help ultimately prevent the overpayment issue. But it gives you an opportunity to attempt a return to work without suffering penalties or long term consequences. And I think that's a big return relief for A lot of people, because many times one of the questions I get is, well, if I get Social Security disability benefits, does that mean I have to be on benefits the rest of my life? You know, I want to work and I encourage anybody to attempt a return to work. But you got to do it properly within the Social Security disability rules and system to protect your rights, but also to protect yourself from a claim for overpayment. You made some great suggestions. Other steps that you recommend people take to regain control that in a situation where they find themselves challenged not only in terms of the disability system, but in any life event that you could recommend.
Tracee Garner [00:24:48]:
Yeah, definitely. I have a number of ideas, but just a couple more are, you know, really keep a handle on your paperwork. When you go to the doctor, they often ask you, would you like, you know, a record of what we did today or your treatment plan? Always say yes. People don't want to take paper. They think it gets lost. Get you a binder every time you go to the doctor, hole punch what they gave you and put it in the binder. You'll be completely set up. It won't seem like such a large task and it will already be in order by the date Seen a lot of times on your disability benefits application, you have to put down all the dates that you were seeing first, last.
Tracee Garner [00:25:26]:
And if you have an upcoming visit, you have to put down all the doctors, what's on the paper that they gave you, the doctor's name, phone number, fax number and street address. All those things you have to enter into Social Security. And that's what I spend the most time doing when people have seen a lot of doctors. And the other thing is just keep your resume updated. I have to put in how much you made in each job and people don't remember what they make hourly. Get a resume that you can just write on and just right. I made $15 an hour when I was at this job. I made 1275 when I worked at Costco.
Tracee Garner [00:26:04]:
So that is the hardest part. I can't recreate that. And I don't know your employment history because it's usually my first time meeting you. So try to keep your resume updated. Have that history. They want you to go back at least 10 years. Some people have had a thousand jobs in 10 year. You need to, to make that happen.
Tracee Garner [00:26:25]:
And then check your Social Security statement periodically. You can sign up right now. Get an account@ssa.gov, use the ID me login.gov I think and you know, see what your earning is. There's a line item on there that says if I were to become disabled now, you either do or you don't have enough credits in to receive the full amount of your disability earnings. You want to know what that number is? I know what that number is, and it's horrible. And so just knowing that, knowing what you need, knowing what, what am I going to make if I became disabled today? You know, I'm already disabled, but I'm not disabled according to Social Security's definition because I have money coming in, because I'm able to work a regular 9 to 5. But some people just want a few more years. You may be able to get your full 40 quarters, which is 10 years.
Tracee Garner [00:27:24]:
And so just little things like that, and don't lose your password and really keep a handle on things and have backups for your backups. So really just getting organized and people being so disorganized and so frustrated is probably the number one thing that keeps them from moving forward with submitting the application.
Nancy Cavey [00:27:43]:
Yeah. So depending on your age, you have to have 20 out of the last 40 quarters of earnings to be insured for Social Security disability purposes. And you can lose that insured status generally five years after you stop. The questions that we ask as part of the interview process, we also want to know what the work history was for the five years before the person is applying. They've changed. It used to be 15, now it's. It's five years. And as you pointed out, it's really important to understand what your medical history has been because on that application, they're going to ask questions about who the providers were, who you saw, what kind of testing you might have gotten.
Nancy Cavey [00:28:22]:
In my office, I have one employee who does nothing but help our clients do the initial application. And it's time consuming. There are times when we have to schedule multiple appointments client, because either they don't have the information or because of the nature of their disability, they just get fatigued. So being prepared in the initial application process is really important. And of course, because of the long delay and the time it's taking to get benefits, on the other hand, you don't want to wait too long because my analogy is if you don't get on the train, you're not going to go anywhere. So you got to get to the train station to fill out that application. You got to file it, you got to get going because there's going to be this tremendous weight to get to get a decision. Well, let's take a quick break and then we're going to come back and talk about organization and empowerment.
Nancy Cavey [00:29:13]:
I know that's something that Tracy's very enthused about and I think that forms her life and her life's mission. So let's take a break.
Tracee Garner [00:29:22]:
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Nancy Cavey [00:29:36]:
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Tracee Garner [00:29:38]:
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Nancy Cavey [00:30:02]:
Welcome back to Winning Isn't Easy. I want to talk about organization and empowerment. Now, I know that you have a list of 10 tips to help people stay organized and reduce their stress when managing benefits. Can you walk us through, like the top three of those 10 and tell us what they are and why you think they're so important?
Tracee Garner [00:30:23]:
Definitely. One of them I mentioned is just getting those doctor notes. When you are at the doctor every time you visit, you want an explanation. It's not really an explanation on benefits, but that's more so in your portal. But also a tip would be to know how to how to access your portal. Most people don't want to deal with more passwords and more websites to look at, but all of your history and everything that's been done to you by any doctor will be in the eob, which is the explanation of benefits. So be able to log into that and to get your records and take what they give you and keep a copy of it and put it in a binder. I've had people bring me tote bags and crates full of stuff and we just go through it all and try to organize it in some way.
Tracee Garner [00:31:11]:
In some ways I'm a professional organizer in addition to doing Social Security benefits, but really organize that paperwork by date and so that you know, you can also go to the pharmacy and ask them for a printout of your medication list which will have the medication, what it's for, and also the dosage that also needs to go on. When I research medications, I put the medication and then I put side effects into the search bar because people forget, oh, I feel sleepy all the time. Well, that's a result of, you know, the losartan or I have to, you know, go to the bathroom frequently. Well, that's your high blood pressure pills, so. And people forget what the side effects are and how that contributes to not being able to work. If something makes you sick to your stomach all the time. You know, that's also a cause that you might not be able to work as much if you weren't disabled and didn't have to take that medication. Label your documents accordingly.
Tracee Garner [00:32:11]:
Answer things in a timely manner. I have a lot of people that I work with that have anxiety and depression and they don't want to deal with things. I had a young man with autism bring me his backpack and some of the papers were in there. They hadn't been opened. He didn't open his mail. He. Because people are afraid and they can't make sense of it when they open it. So why open it? I just avoid it.
Tracee Garner [00:32:34]:
Have avoidance open things because there are deadlines and things that you need to meet that you may miss if you don't open it and somebody will be able to interpret it for you. It doesn't have to be a professional, but just ask someone, hey, I don't know what this means. Or call the Social Security Administration. I received a letter. What do I do? And they will often tell you. So respond to correspondence in a timely manner if you are experiencing homelessness. Sometimes, if you can just even get a P.O. box, they will still be able to send you correspondence to the PO box.
Tracee Garner [00:33:09]:
And there are some PO boxes that are less than $10 a month. Yes, it does add up. But as soon as you're able to get some housing, at least you can still be able to get correspondence for your benefits. And what's going on, you don't want it to pile up. You don't want to lose access to that, because that can be costly. But it also can create an opportunity for identity theft. So have some way or have a family member who's willing to receive this mail call you and tell you that something came so that you can make arrangements to get it. I already mentioned leaving the attitude and antagonism behind.
Tracee Garner [00:33:46]:
Try to go into it with a positive attitude. All the meetings that you have, you'll get so much more help. Remember to say, I'm so sorry, I'm so disorganized, or I really appreciate your helping me today. All of those little compliments go a long way. Make people want to help you more. You'd be surprised how they'll go out of your way if you just show a little bit of kindness. And then in your earnings report or your associated security statement that I mentioned, make sure all your years of earnings are in there. If you have a zero that brings down your monthly benefit amount, zeros, you know, for that year, you know, you work somewhere and you know, you got some pay stub or something, look for that.
Tracee Garner [00:34:30]:
And then also you might need to call the IRS or you may have taxes that you did not file. Find any way find a payment plan. There's free. There's free tax filing help every year through the aarp, which is the volunteer income tax assistance program vita. It's called vida. They will prepare your taxes if you make less than $75,000 a year. And I've actually known them do tax filing and preparation for people who make over that amount. It just depends on how busy they are.
Tracee Garner [00:35:06]:
You go in there, you tell them, they're like, oh, well, it's not too busy right now. We'll help you. But usually if you make like 85 to 90,000, they won't help you. But you can look that up at the AARP and really get ready, get those documents ready and see if they have volunteers who may do your taxes for any back taxes. You want to get that straight. And you want to make sure your earnings are reported from the IRS to the Social Security Administration so you can get all of the benefits and the amount of money you are entitled to.
Nancy Cavey [00:35:38]:
So those are great tips. And as a Social Security disability lawyer, I see common mistakes or missteps that people make when applying for benefits. You know, we handle cases at every stage. The initial application, but request reconsideration stage, the hearing stage. And I find that there are missteps that people can make at different steps of the Social Security disability claims process. In your experience, what are some of the common mistakes or missteps that you see that you think people should know about? And some tips for how to avoid those mistakes.
Tracee Garner [00:36:14]:
Always get another pair of eyes to look at it. Make sure everything is filled out. Make sure you put in a for things that you know don't apply to you. Don't always just leave it blank. Put something down that shows that you saw it by putting a and a. It's not non applicable. At least you saw it and you filled it in and it really is. They just might think you skipped it if there's nothing there.
Tracee Garner [00:36:39]:
You know, get clarification. You can Google some of the terms that they may be asking you on an application and you can even use ChatGPT or any AI. Just put the question in there. Don't put any personal identifying information information in there. Put the question in there and see what it returns. And that may help you understand the question a little bit better. And then ask for help and seek professionals like yourself, Nancy, or myself at Centers for independent living, which is where I work. And then also, you know, sometimes parents have a.
Tracee Garner [00:37:10]:
You know, a lot of children, let's say a lot. But even two or three children, and they're filling something out for the one child who has a disability, but they use the wrong Social Security number. Make sure you are using it. Make sure to double check using the right Social Security number for the right child or even yourself. It could be one single number that you have a finger slip when you're typing because you're distracted. And I also say, work in a quiet place. Try to set aside some time where you have zero interruptions. As soon as you are interrupted, you forget what you're doing and that causes you to make more mistakes.
Tracee Garner [00:37:45]:
So try to have set aside hour, 90 minutes to 2 hours to work on something. I know people don't have a lot of time. We're inundated and busy. But when you have the time and you can focus, you will be less likely to make so many mistakes and then disorganization. Get some folders. As a writer, I love office supplies. I have many, many folders and I love labels and things like that. Go and say, I'm going to do this.
Tracee Garner [00:38:13]:
I'm going to get organized, treat it like a project. And so that you get everything you need. You get paper clips, you staple things together. You have your binder of all your details. You put that in a designated tote bag. You are ready to go to the Social Security office or you're ready to go to see Nancy. Everything goes in this one red bag or this one purple bag. You know, really label things and have it all together almost like a portable office or portable desk.
Tracee Garner [00:38:41]:
Make a note of. You know, just keep a scratch pad whenever you're doing it. You write down the questions you have so you can be efficient. When you go to the offices, you have lots of numbers that you're calling. You know, start to do that. You need paper, you need ink. You're going to print out all those explanation of benefits papers. I looked in my explanation of benefits one day and.
Tracee Garner [00:39:04]:
And I cannot believe all the other disabilities they said I had. I was like, wow, I do hope to go back on disability at some point or take early retirement or whatever. And so I was like, wow, do I really have this? So you need to either make sure it's accurate, but then also write down things that you didn't know you had that the doctor says you had or maybe you forgot. So there's a lot of stuff in there. Some. Sometimes it's erroneous and sometimes it's accurate and you just didn't know you had that at the time you were seen, or all of that can contribute to the level of disability that you have. And you didn't even know that you were presenting symptoms of whatever the thing is called. It has a name.
Tracee Garner [00:39:49]:
Everything has a name. You have 10 slots in the paperwork to put down 10 different disabilities. And in the remark sections, you put down more that you could not explain or you didn't have room for in those spaces that you gave you, that they gave you. So, you know, make sure you just have all of it. You need a diagnosis. You're not sure what you have. One place people should go is on Facebook. There are people that say, I have this and I have this.
Tracee Garner [00:40:18]:
And then somebody else will come along and say, oh, that's called this. My daughter had it. And we couldn't find anyone to properly diagnose this. You know, just be out there researching and looking and seeing and getting groups. There's actually disability groups. Do you have a Facebook group, Nancy, for giving advice and people talking or blog? Yeah, we.
Nancy Cavey [00:40:39]:
We do have a Facebook group. And in addition to this podcast and the Ltd podcast, I have a YouTube channel. So I cover a lot of Social Security disability claims and ltd claim topics based on questions we get based on medical conditions. But you've made some great points and I think that it's particularly important that when you're applying for Social Security disability benefits that you think not only of the conditions that you think are obviously conditions that result in disability, but think about all the other medical conditions, conditions you have, because as you pointed out, you can be found disabled under the Social Security claims process by one or two diagnoses or a combination of diagnosis, because Social Security disability rules and regulations require that Social Security look at you, not only by disability disease, if you will, but in terms of your entire body. So I think those are some really great, great suggestions. Now, tell me, where can our listeners find your books, your resources and workshops if they want to learn more? Because I'm very interested in what you're doing.
Tracee Garner [00:41:49]:
Thank you so much. Yes, people can find me at my website, tracygarner.com I do a lot of workshops. I do a workshop for other disability organizations on applying for Social Security disability and ssi. And also I'm active on Instagram for my fiction books and my fiction titles. It's Tracy Lydia Garner on Instagram and I'm also on YouTube. I have a couple videos up there. But my website, Tracy Garner.com is the best way, and you can email me from there or email me at hello tracy garner.com well, thank you for being.
Nancy Cavey [00:42:26]:
Our guest, and I want to thank our audience for tuning into this week's special episode of Winning Isn't Easy. If you you found this episode helpful, please like our page, leave a review, share it with your family and friends. And of course, subscribe to this podcast. And we'd love to hear from you. At the beginning of each episode description, there's a link that you can send us questions or comments, and we can feature those in our next episode because I like to have this dialogue not only with my guests, but with our listeners. So please join us next week for another insightful episode of Winning Isn't Easy. Thanks for listening.