Gillette Law Group September 2017

PUT ‘POSITIVE THINKING’ TO BED WHY THIS WAY OF THOUGHT ISN’T WHAT IT’S CRACKED UP TO BE

Can the power of positive thinking change your life? Bookstores brim with self-help books written to guide readers toward positive thinking and countless websites claim to do the same. But what is positive thinking? Essentially, it’s shutting out negative thoughts. One website, tinybuddha.com, says, “Negative thoughts drain you of energy and keep you from being in the present moment. The more you give in to your negative thoughts, the stronger they become.” This sentiment is ironic considering the Buddhist philosophy of detachment (or non-attachment) suggests that one should let negative thoughts and emotions enter the mind, but not dwell on them, so they pass with the moment. Research into the subject agrees. In the 1960s, researchers studied grief — or the lack of it. When people attempted to suppress grief, it took them longer to recover from what caused the grief in the first place.

negative consequences. Stress can influence overall health, both mentally and physically. If you are stressed, chances are you are not in a good mood and, by extension, are thinking negative thoughts. And this presents another problem with positive thinking. Anne Harrington, Franklin L. Ford Professor of the History of Science and director of undergraduate studies at Harvard, and author of “The Cure Within: A History of Mind-Body Medicine,” says, “It’s just as stressful to keep up a performance of positivity as it is to [keep up] a bad mood. It’s very stressful to be inauthentically upbeat all the time.”

So, what can you do? Let yourself think negative and positive thoughts. Don’t dwell on the negative, and let it run its course. Then, turn your attention to your sources of stress and do what you can to minimize them.

In reality, the biggest factor at play when it comes to positive or negative thinking may be stress. Stress comes with its fair share of

ARE NEW RULES BAD FOR SSD APPLICANTS?

EXPERTS ON SOCIAL SECURITY SAY IT’S POSSIBLE

Are new rules about Social Security disability hurting people? Experts are saying it’s possible. On January 18, 2017, the Social Security Administration (SSA) published the final rules “Revisions to Rules Regarding the Evaluation of Medical Evidence” in the Federal Register (82 FR 5844). The final rules became effective on March 27, 2017. The Daily Hampshire Gazette reported a Massachusetts woman’s experience that highlights potential problems with the new rules. Maybe you’ll relate to her story. Cheryl Sawyer was educated and had 10 years of work experience. She never made much, but she was able to support herself without being dependent on anyone else. But when she was diagnosed with multiple sclerosis in 2013, she experienced pain that made it difficult to stand, let alone work. Despite resistance, she eventually applied for Social Security disability insurance benefits. Like many of our clients, she put in the time to wade through the Social Security disability application process with all its steps. And, like most applicants, she was denied at first. And while she was eventually approved, the new rule changes in March have made it more difficult for people like Cheryl to receive a favorable decision. In the past, the SSA gave a good deal of weight to the medical opinions of a treating physician about the medical conditions and the limitations they cause. For claims filed before March 27, 2017, a disability claims examiner or an administrative law judge was required to give the

opinion of a treating physician controlling weight if the opinion was well-supported by medically accepted clinical and laboratory diagnostic techniques and not inconsistent with the other substantial evidence in the case record. For claims filed on or after March 27, 2017, the rules about how the SSA considers medical opinions have changed. First, SSA will no longer give any specific evidentiary weight to medical opinions; this includes giving controlling weight to the opinions of treating physicians. Instead, SSA will consider the persuasiveness of medical opinions using the factors specified in its rules. Second, SSA will consider the supportability and consistency factors as the most important factors. Finally, SSA revised the factors used to consider medical opinions. These factors include: Relationship with the claimant; length of the treatment relationship; frequency of examinations; purpose of the treatment relationship; extent of the treatment relationship; examining relationship; specialization; and other factors. The National Organization of Social Security Claimants’ Representatives, a group of lawyers who work on disability claims, opposed the rule change. They, along with experts, agree that it could keep people with strong medical evidence from being approved. Every case is challenging, but many are still winnable with the right help. If you have any questions or concerns about filing for Social Security disability, give us a call!

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