Wednesday, February 28, 2007

Disability Backlogs, SSA Budgets, Touchy-feely journalists, and Bamboozling Politicians

Will the social security administration be able to hire more workers in the upcoming fiscal year? At this point, no one really knows. What's fairly evident, however, is this fact: extreme disability claim backlogs are here to stay for the forseeable future. And to even keep them from continually rising in the short term would require the type of budget commitment that, thus far, has not been seen. Of course, what that means for social security field offices is not enough warm bodies to do the work. And as SSA is hit with more attrition, it means even fewer warm bodies to do larger amounts of work.

Here's a quote from Charles Halls' blog and a link to a post that concern SSA funding.

"This, along with attrition of employees who cannot be replaced, will cause backlogs to increase significantly throughout the agency between now and September 30."

Hall on SSA budget

And here is a link to an article on the disability backlog problem in Ohio.

Shocking backlogs

Sadly, its fairly clear that the writer of this short article has little understanding of how the social security disability system works. No amount of "vigorous intervention" by individual politicians will ever have an appreciable impact on backlogs. Only one entity can "right the apple cart" and that's congress. How does Congress do this? By increasing the SSA budget to allow for the hiring of more employees. It's that simple.

Unfortunately, it is difficult to get people to understand the problem when those who write about the problem have no real insight into the problem and, even worse, are so easily bamboozled. For instance, one of the politicians referenced in the brief article above (Shocking Backlogs), Republican Sen. George V. Voinovich of Ohio, mentions in a different article ( Ohioans struggle to survive awaiting disability benefits) the fact he held a hearing in March, 2004 about the disability backlog problem. And he states ""Almost three years after the hearing, I understand that despite progress in some areas, much work remains to be done," Voinovich wrote."

Is he serious? Much work remains to be done? How about---

A. Increase the budget and

B. Hire the right amount of staff for social security field offices and hearings offices so that

C. People don't go bankrupt while they wait on you clowns to do the right thing.





Additional information on Social Security Disability at www.disabilitysecrets.com











Other Posts:
Will I have to go to a mental exam if I apply for disability?
Representation on a disability Claim
Can you say the wrong thing during a social security consultative medical exam ?

Ghost Rider...How about "Sleep Walker" instead

Have you ever been to a movie where it seemed as if the only thing on the principal actor's minds was "where's my check?". I've seen more than a few movies of this variety and, unfortunately, Ghost Rider, falls squarely into the category.

That's it. That my review in total. The movie just plain sucks. However, here are some comments by film reviewers.

...a sodden listless mess

Ghost Rider is the worst movie I have ever seen

In any case, the movie is $120 million worth of computer-generated spaghetti thrown at the wall. What sticks is a colorful, mesmerizing, at times breathtaking mess





Additional information on Social Security Disability at www.disabilitysecrets.com











Other Posts:
Will I have to go to a mental exam if I apply for disability?
Representation on a disability Claim
Can you say the wrong thing during a social security consultative medical exam ?

Reasons to buy a Boston Acoustics MicroCD system versus a Bose Wave system

Actually, there's only one reason in my book and it's this. I just bought a Boston Acoustics MicroCD system and this morning I lost the remote. Pretty easy thing to do, really, since its a credit-card sized remote. Luckily, however, as irritating as it would have to have not found the remote (you can infer by that that I did, in fact, find the remote), at least the player would still have been functional minus the remote.

Not so with the Bose. To achieve that minimalist look, the Bose is made sans external controls. In other words, you lose that remote and you are totally screwed.

Other reasons to buy the Boston Acoustics system over the Bose: sound quality that is just as good, great connectivity for hooking up to a television, and a caddy for your remote. The remote also has a magnet on the back so it will stay securely in place when you put the caddy/door in the up position.





Additional information on Social Security Disability at www.disabilitysecrets.com











Other Posts:
Will I have to go to a mental exam if I apply for disability?
Representation on a disability Claim
Can you say the wrong thing during a social security consultative medical exam ?

Tuesday, February 27, 2007

Will I have to go to a mental exam if I apply for disability?

I recently found this statement in a forum.

"They may also ask you to go to see a shrink to determine if depression is a factor with your inability to work. Do they expect that one should be not depressed over all of this?"

Actually, it would be unusual for anyone who has to apply for disability to not experience some level of depression. The process is long, confusing, and somewhat adversarial. And most claimants, at some point in the disability evaluation process, are subjected to severe stress as a result of the financial implications of having to wait for months or years for a favorable resolution on a social security disability or SSI claim.

Will you have to go to a mental exam if you apply for disability?

Examinations that are required by SSA are known as consultative examinations, or CEs for short. Consultative exams are scheduled by disability examiners at the inital claim and first appeal levels, and by administrative law judges at the hearing level.

Why are they scheduled? In most cases, because a claimant has not been to a doctor recently. And in other cases, a consultative exam (often referred to as a social security medical exam) may be scheduled because a claimant's records indicate the possible existence of a condition for which a claimant has never received treatment.

So, to answer the question, a claimant will sometimes be sent to a psychological or psychiatric consultative examination:

1. if they've not been treated for their condition recently.

2. if there is no evidence that they've ever been treated for a condition they may have "potentially" have (for this reason, an applicant for disability benefits who does not allege a mental condition but shows signs of having a mental impairment, however scant, may be sent to a psychological exam (IQ testing), a psychiatric evaluation, or a mental status exam).

3. if additional information of a specific type is missing from the claimant's medical records (xrays, for instance).

Note the phrase in item 2: Potentially have. What do I mean by this? Here's what I mean---if a disability examiner or judge sees in your personal physician's notes the simple statement "patient seems depressed", then the adjudicator (the examiner or judge) may be obligated to send you to a mental consultative exam even if you do not claim to be depressed on your application and have never sought treatment for depression.

In fact, many disability claimants are very surprised when they are informed that they must attend a mental exam when they have filed for disability on the basis of a purely physical impairment, such as rheumatoid arthritis, degenerative disc disease, or heart problems.

However, a disability examiner or judge may be obligated to schedule a mental exam simply to ensure that the claimant receives full consideration for their impairments...even impairments they do not believe they have.




Additional information on Social Security Disability at www.disabilitysecrets.com











Other Posts:
Will I have to go to a mental exam if I apply for disability?
Representation on a disability Claim
Can you say the wrong thing during a social security consultative medical exam ?

Social Security still viable?

If you're of an age where news regarding the strength of the social security retirement program grabs your ear more and more, then this article may not be particularly appetizing.

Here's a quote from the artice: "Federal Reserve Chairman Alan Greenspan and two federal commissions have suggested that Congress consider raising the early and full retirement ages as one way to improve Social Security's finances."

And here's another one: "We don't all have a great job like Alan Greenspan," who's 78, Cusack says."

And here's the link to the article:

The effect of early retirement and longer lives on social security





Additional information on Social Security Disability at www.disabilitysecrets.com











Other Posts:
Will I have to go to a mental exam if I apply for disability?
Representation on a disability Claim
Can you say the wrong thing during a social security consultative medical exam ?

Monday, February 26, 2007

Bridge to Terabithia -- they really don't make too many movies like this anymore

I saw a movie a few days ago that turned out to be something other than what I thought it would be. The title of the movie (and book) is "Bridge to Terabithia".

I won't give out any spoiler details. But I will say that this movie is a good example of how a heartfelt story can trump special effects. And I say that because the previews for the movie showcased the special effects leading me to believe this film was something completely different. But, as it turns out, I'm very glad it was something different.

This movie should be good kids ages 8-15 and adults as well.

Here's a review of the movie by one of my favorite movie reviewers:

Bridge to Terabithia






Additional information on Social Security Disability at www.disabilitysecrets.com












Other Posts:
Social Security Disability - losing your home while waiting to be approved
Will an attorney really improve your chances of winning disability?
Mistakes to avoid on Social Security Disability and SSI Cases

Over twelve thousand disability cases backlogged in Ohio

Here's a line from the article linked below:

"The wait in Columbus seemingly was spurred by retirements of key staff members"

As I've said before many times before on this blog, the problem with the social security disability and SSI disability system is essentially a personnel problem (and, thus, a budget problem). Without enough people filling chairs (administrative law judges, hearing office personnel, social security field office personnel, and disability examiners), the work will simply not get done.

The problem is most severe, of course, in social security field offices and this is why---many of those employees, claims reps and service reps, are eligible for retirement. And as they retire, guess what? Are replacements being hired? No. The work of those who retire is simply being redistributed to the remaining workers, effectively making their lives miserable, and making them more likely to retire if they are eligible to do so (and, as we said, many are).

Here's how it goes: weekly meetings at social security offices are held to reassign workloads, motivate workers, and determine how to improve efficiency when the simple truth of the matter is that X number of people can only get X amount of work done.

Most social security officer managers, of course, do not have the backbone to simply say what the problem is, even though they know full well what the problem is, a lack of hiring to replace workers who have quit or retired. However, their reasons may be justified. After all, unlike a business, they don't have the authority to hire as the need arises, and neither do their bosses. Everything is tightly controlled from the top down (top down management approaches tend to result in inadequate responsiveness to changing demands and requirements and, in a business setting, can lead a company down the path to ruin).

Of course, the top of the hierarchy does not begin with the office of the commissioner of the social security administration, but, rather, with the group that funds SSA--and that is congress.

Columbus, Cleveland face huge backlog of disability cases






Additional information on Social Security Disability at www.disabilitysecrets.com











Other Posts:
Social Security Disability - losing your home while waiting to be approved
Will an attorney really improve your chances of winning disability?
Mistakes to avoid on Social Security Disability and SSI Cases

Hearings for social security disability - how do you file for a hearing

Hearings are an important step in the social security disability and SSI disability claim process for this basic reason: if you were turned down on your disability application, the hearing level represents your best chance for getting approved. While seventy percent of initial claims for SSD and SSI are denied, more than half of all disability hearings are won by claimants (the win rate rises to sixty percent for those who are represented).

How do you file to get a hearing? The process is very simple. After a case has been denied at the first appeal level (known as a reconsideration or review), a claimant may request their second disability appeal. This is called a request for hearing before an administrative law judge. To file this request, you only need to contact the social security office where your originally applied and state that you wish to appeal your most recent denial. They will then send you the appropriate appeal forms which you should immediately file and return.

A hearing must be filed for or requested within sixty days of the date of the reconsideration denial (known in some states as a review). However, you shouldn't wait at all. The hearings process is very slow and you shouldn't allow it be any slower than it already is.





Additional information on Social Security Disability at www.disabilitysecrets.com











Other Posts:
Social Security Disability - losing your home while waiting to be approved
Will an attorney really improve your chances of winning disability?
Mistakes to avoid on Social Security Disability and SSI Cases

Disability and Food Stamps

Again, some more very bad information from a forum:

"If eligible, you might also want to apply for Food Stamps. That will need to be paid back out of the lump sum check, but you will have some benefits while waiting."

Absolutely incorrect. The social security administration's disability programs (social security disability and SSI disability) have absolutely nothing to do with programs administered by the department of social services, such as food stamps. In fact, as a former disability examiner and as a former food stamp caseworker, I can definitively state there is no connection between these two programs. Moreover, individuals who receive this type of assistance are never required to pay anything back.

Good grief. Sometimes you have to wonder about these forums.





Additional information on Social Security Disability at www.disabilitysecrets.com











Other Posts:
Social Security Disability - losing your home while waiting to be approved
Will an attorney really improve your chances of winning disability?
Mistakes to avoid on Social Security Disability and SSI Cases

Rats at KFC and Taco Bell (literally)

I can't guarantee this link will be good for long since local news sites sometimes discard pages. However, if this link is no longer valid by the time you get to this page, simply go to www.youtube.com and plug into the search window the words "rats", "kfc", "new York", and "taco bell". I'm sure you'll find several copies of this video.

Caught On Video: Rats Invade NYC KFC






Additional information on Social Security Disability at www.disabilitysecrets.com











Other Posts:
Social Security Disability - losing your home while waiting to be approved
Will an attorney really improve your chances of winning disability?
Mistakes to avoid on Social Security Disability and SSI Cases

SSA Forum is now dead. RIP

I have to say that the moderator of this forum was a little contentious and irritable and, generally, did not provide much "positive" for the members of the forum. However, some of the forum's members, some of whom were current or retired social seurity field office claims reps or DDS examiners, provided excellent information, based on FIRST HAND EXPERIENCE (from their work within the social security disability system), to other forum members.

It would have been nice, of course, if the operator of this forum had kept it going. But I guess that was not to be.






Additional information on Social Security Disability at www.disabilitysecrets.com










Other Posts:
Social Security Disability - losing your home while waiting to be approved
Will an attorney really improve your chances of winning disability?
Mistakes to avoid on Social Security Disability and SSI Cases

Saturday, February 24, 2007

Social Security Disability and Losing files

Losing Social Security Disability files? Does it happen? Yes, without a doubt. I've spoken to a few dozen individuals over the last few years who were notified by the social security administration that their file had been lost. And, unfortunately, in many instances, this notification came after an applicant for social security disability or SSI had been waiting for quite some time on a decision at the application level or first appeal level.

When a disability claimant's file is lost, it has to be "reconstructed". And, in the past, this could be prove to be quite irritating to a claimant who was asked to complete new paperwork to replace lost paperwork. Fortunately, the use of E-files provides a safeguard against lost files, because now there is an electronic record. In other words, short of a systemic and pervasive data loss catastrophe, there's really no way to lose a file...unless your file is simply one that has not been scanned yet and migrated into the e-dib system.






Additional information on Social Security Disability at www.disabilitysecrets.com

Social Security Disability - losing your home while waiting to be approved

Here's a link to a thread in a forum regarding an individual who is fifty, has throat cancer, is losing his home, and is still waiting on social security disability. Regarding the home issue, this is not an uncommon story and I've spoken to quite a few individuals who have had to worry about this while waiting on a decision about their social security disability claim.

Thomas, throat cancer






Additional information on Social Security Disability at www.disabilitysecrets.com

Friday, February 23, 2007

New Blogger - Crap!, Argh! and $&%#& all rolled into one

If you do a search online using phrases that include sub-phrases such as "I hate new blogger", "new blogger sucks", "new blogger ruined my template", and "switching from blogger to wordpress", you'll probably find quite a few tirades about new blogger and the many ways it does, indeed, truly suck.

How does new blogger suck? Let me count the ways. No, I can't count that high (meaning it really sucks).

Let me begin by saying that I, like thousands of bloggers using blogspot (aka blogger) did not want to switch to the "new blogger". I had already been fooled once before by "new coke" and, wisened by that experience, I had no desire to be let down again.

Ahh, but google can be persistent and, unfortunately, persistent in a gangland mafia sort of way. One day, I tried to login to my blog, and was greeted with the blogosphere equivalent of "convert or die". So, to gain access to my blog, I did as the google mafia underlords bade me. I converted to to the new blogger.

Advantages to New Blogger? None that I can see. Disadvantages? Loads and loads and I won't go into most of them because the mere discussion of them tends to raise my blood pressure and that's presently too high as a result of the one problem with new blogger that I will discuss.

A friendly warning for other bloggers using blogspot. Check the source code of your pages. It could be that your pages have been inexplicably set to noindex, nofollow. This is an instruction for search engine bots to not index your webpages. Yes, if this set of instructions appears in your webpages they will gradually, as googlebots scour the web, doing their periodic caching of pages, begin to disappear. Not exactly what any blogger wants, I'm sure.

How do you know if this is happening? Well, if your blog pages go missing, that's a sure clue. However, you should check your source code. And I don't mean checking your template source code. Check the source code that that has been outputted to your produced pages. If you see noindex, nofollow on top of those pages you should take a deep breath...because you'll need it to scream as loud as you can.

The fix? Go back to your template and delete the blogmetadata tag at the top of your template source code. This will eliminate the occurrence of the noindex nofollow instructions being outputted to your pages. Unfortunately, this will also delete all your meta data. However, if you don't use a feed that may not be a problem. If you do use a feed or have other reasons for keeping meta data on your blog pages, simply copy your template source code BEFORE you make any changes and tuck this away as your safety code, in case you need to revert back to it. Then delete your blogmetadata tag from within your template window and then HARDCODE the metadata that you want to keep into your template source code. This should allow you to keep replicating the meta data that you want while eliminating the noindex, nofollow crap.











Other Posts:
Social Security Disability - losing your home while waiting to be approved
Will an attorney really improve your chances of winning disability?
Mistakes to avoid on Social Security Disability and SSI Cases

Thursday, February 22, 2007

Reports of lights in the sky seem to be accelerating

Unidentified flying objects. Lately, there seem to be an unusual number of reported sightings of UFOs. Is something really happening in the skies above...or is the level of tension in the world contributing to more occasions of visual phemonena being translated into UFO sightings? I'm not a psychologist and I haven't been privvy to first-hand sightings. In most instances, I would say that UFO "sightings" can be attributed to normal circumstances that yield a rational explanation. But I would also say "never say never".

Callers from four southern Somerset County towns reported seeing strange lights in the sky Wednesday night.



Additional information on Social Security Disability at www.disabilitysecrets.com









Other Posts:
Social Security Disability - losing your home while waiting to be approved
Will an attorney really improve your chances of winning disability?
Mistakes to avoid on Social Security Disability and SSI Cases

More Frequently Asked Questions about Social Security Disability and SSI

Because social security disability and SSI are federally administered programs, they are standardized. In other words, if you need to apply for either type of benefit (note: SSA will determine which benefit program you may be eligible for), it makes no difference whether you file a claim in New York or California or Illinois or Texas or Florida or Ohio or New Jersey or Indiana or Michigan or Wisconsin or Pennsylvania...you get the point.

Unfortunately, however, despite the fact that SSD and SSI are standardized programs, the level of confusion that exists regarding the filing of applications and the filing of appeals is fairly immense.

This is another archive page for this blog and some of the posts may be helpful in answering either general or specific questions that you may have regarding obtaining disability benefits from the social security administration.

Additional information on social security disability at www.disabilitysecrets.com


Medical Conditions
Social Security Disability SSI questions
What you need to have when you file for disability
Partial Disability and Social Security Disability SSI
Why anyone can be represented on a disability or ssi claim
What are you paying for when you get a disability lawyer
Florida Disability Lawyers - Advice on Disability Claims
How to get approved for SSI disability
Is it hard to get approved for disability with Chronic Fatigue ?
Will the severity of a condition determine if you can get approved for disability ?
Is it easier to get disability if you are older ?
Can you change disability lawyers if you are not satisfied ?
How much information should you put on a disability application ?
Should you appeal a disability denial if your condition is improving ?
Is it easier to get disability if you are over fifty ?
Filing a disability claim - don't procrastinate, get it done ?
Disability Benefits based on back problems - degenerative disc disease
Hearings for disability
How long does it take to get a disability hearing scheduled ?
Can I afford a disability attorney for my claim ?
Can I win my disability case?
Can I improve my chances of winning disability ?
Can I win disability if I don't have health insurance and don't go to the doctor ?
If I get approved for disability will I get back pay ?
The social security disability process for disability claims
Will I get approved for disability if my doctor supports my claim ?
How bad should my condition be before I file for disability ?
Calling a congressman or senator for assistance on a social security disability claim
Mistakes to avoid on Social Security Disability and SSI Cases
A disability claim tip: Never never never call the social security 1-800 number
Obesity and Social Security Disability
Attorney for a disability Claim
Disability Claim denied
How to get disability
Disability Applications
How much can I earn and still receive Disability benefits ?
What is the difference between Social Security Disability and SSI Disability ?
How does Social Security decide if I am Disabled ?
Getting a Disability Lawyer - Information for Disability Claims ?
Do disabled children qualify for benefits?
How do I Apply for disability Benefits ?
How to get Approved for Disability - Information on disability claims
Appealing a Denied Disability Claim
What to do after a Disability Claim is Denied
Can you receive VA disability Social Security Disability and SSI ?
Disability Appeal Deadline
Disability Lawyers and Finding YOUR Disability Lawyer
SSI Claim for Disability benefits
Social Security Disability SSI and Pain
Discussing Social Security Disability in forums Part I
How long is the Social Security Disability Evaluation Process?
Social Security Disability Lump Sum
Statistics on Social Security Disability SSI Backlogs
Is Medication an Issue for Social Security Disability
Free Legal Representation for Social Security Disability or SSI claims
Will my disability case be reviewed after I am awarded disability benefits?
Checking the credentials of a Social Security Disability Lawyer
Disability Benefits for Mental Illness (bipolar disorder, schizophrenia, depression)
Overpayment owed to Social Security Administration
The Social Security Disability Back Payment Lump Sum
A reconsideration with the Social Security Office
If your disability reconsideration is denied
How much can you make from work and still be allowed to apply for disability?
Anyone know a good SSD attorney around here?
Anyone know a good SSD attorney around here?
Can your doctor get you on social security disability?
Disability Secrets







Friday, February 16, 2007

Social Security Office Manager testifies before Congress

I have been blogging about this for over a year. The social security administration's problems are largely a personnel staffing problem. Well, finally, Congress is actually hearing about these issues from individuals in the field.

Rick Warsinskey, who manages the downtown Cleveland, Ohio social security office, testified before the subcommittee on social security and said "Last year field offices could only fill one out of eight vacant positions".

As I've mentioned many times on this blog before, my own spouse is a field office claims rep (and a former disability examiner like myself) and in her own office, none of the recent retirees have been replaced. Instead, their workload has simply been redistributed.

And that kind of approach to staffing for what is arguably one of the most important federal agencies is a recipe for disaster---one that's been cooking for a long time and is well overdone.

"The number of employees at local Social Security offices across the country is inadequate"





Additional information on Social Security Disability at www.disabilitysecrets.com









Other Posts:
Social Security Disability - losing your home while waiting to be approved
Will an attorney really improve your chances of winning disability?
Mistakes to avoid on Social Security Disability and SSI Cases

Mental Health Cost Coverage Bill

I know practically nothing about the provisions of this bill and so I'd hate to say this is great news without learning more (some of the most hostile legislation passed by the U.S. Congress gets labeled with the most benign, even altruistic-sounding titles).

However, if this is the "real deal", what a great thing. Health insurance companies should be required to provide coverage for mental health treatment that equals coverage for physical health problems. The insurance companies, of course, would have you believe that putting mental health coverage on par with physical health coverage will send them into bankruptcy. Right, and I still believe in the easter bunny and am thinking of buying a bridge in brooklyn.

Let's just see if the insurance industry lobbyists are successful in killing this one off.

Mental health bill moves forward in Congress






Additional information on Social Security Disability at www.disabilitysecrets.com









Other Posts:
Social Security Disability - losing your home while waiting to be approved
Will an attorney really improve your chances of winning disability?
Mistakes to avoid on Social Security Disability and SSI Cases

Chrysler may be sold

This may strike some people as a sad story, especially on the heels of other recent stories (GM and Ford cutting jobs and Toyota surging ahead to possibly displace GM as the world's largest automaker). And for those who felt nausea when one of the "big three" was actually bought by a foreigh automaker, the news may not seem so awful.

What I find surprising myself, however, is the fact that the Chrysler division of Daimler is actually doing that bad. I see Pt Cruisers, Jeep Libertys, and Jeep Grand Cherokees everywhere. Granted, I don't see too many other chrylser products strolling about. But I never see mercedes, or, rather, I don't see them nearly as much as I used to, and I reside in the fairly affluent city of Raleigh, North Carolina. Mercedes seems to have been thrown out by many Americans in favor of Lexus vehicles (a toyota product line).

Oh, well, here's to hoping that Chrysler rebounds and winds up in American ownership (hey, everybody's a little nationalistic, eh?).

DaimlerChrysler has opened the door to a total or partial sale of its Detroit-based Chrysler unit






Additional information on Social Security Disability at www.disabilitysecrets.com









Other Posts:
Social Security Disability - losing your home while waiting to be approved
Will an attorney really improve your chances of winning disability?
Mistakes to avoid on Social Security Disability and SSI Cases

Things keep getting weirder on the world stage

Unfortunately, as weird as it may get, none of what it is indicated in this news story is unexpected.

China, India, and Russia, allegedly in reaction to U.S. military activities, are seeking closer ties with one another. What might the rationale for this development be? In the case of China, it has everything to do with forging international relationships out of the desire to secure access to needed resources, resources that are increasingly in shorter supply. Russia? The desire to establish stronger bonds with two countries that want its fuel reserves. Having stronger bonds with both China and India will also lessen the ability of OPEC to exert influence on Russia's ability to sell fuel when and how it pleases. And, of course, in the case of Russia, there is the age-old fear of the west and invasion, given resurgence in the here and now by further U.S. encroachment into eastern europe (extending the U.S. missile defense shield into former soviet-bloc countries). As for India...that's a bit more puzzling since India is more western-oriented than either China or Russia. However, it always stands to reason that being on good terms with one's neighbors, particularly neighbors of this sort, is prudent.

India, China and Russia and building a “multipolar world”.






Additional information on Social Security Disability at www.disabilitysecrets.com









Other Posts:
Social Security Disability - losing your home while waiting to be approved
Will an attorney really improve your chances of winning disability?
Mistakes to avoid on Social Security Disability and SSI Cases

Monday, February 12, 2007

Reshuffling Deck Chairs

I just spoke to a field office claims rep and we were discussing the upcoming hearing to be held by the house subcommittee on social security. This is what this person had to say, paraphrased of course.

"All this stuff that's been going is just crap. Changing OHA to ODAR, DSI, and all that stuff, is crap. Why don't they just hire enough people to get the work done"

For those who aren't aware, social security hearings offices were previously known as OHA (office of hearings and appeals) and are now known as ODAR (office of disability adjudication and review). This change was part of an initiative called DSI, or disability service improvement, a "smoke-and-mirrors bandaid fixit plan" concocted by the outgoing commissioner of the social security administration.

For more information, read the post prior to this one.






Additional information on Social Security Disability at www.disabilitysecrets.com









Other Posts:
Social Security Disability - losing your home while waiting to be approved
Will an attorney really improve your chances of winning disability?
Mistakes to avoid on Social Security Disability and SSI Cases

Social Security Administration Staffing Levels and Growing backlogs

This is something I've posted about a number of times on this blog: in terms of personnel and resources, the social security administration and its funders (that would be congress and, by extension, the voters) have, historically, not owned up to the fact that workloads for social security field office employees are continually increasing. Will this change? Who can tell. However, hearings will be held soon by the house subcomittee on social security to address this issue.

Here are some interesting statistics--

1. By year's end (fiscal year 2006), 1.3 million disability claimants were still waiting on a decision regarding a social security disability claim.

2. In the last fiscal year, social security administration staffing levels decreased eight percent. If you've read prior posts on this blog, you may recall how many times I've mentioned that a significant percentage of social security employees are eligible for retirement...and those that are not face the prospect of going in to work each day to a work environment that is increasingly frustrating and even hostile.

3. Under the white house budget for fiscal year 2008, the disability backlog is expected to grow to 1.4 million cases.






Additional information on Social Security Disability at www.disabilitysecrets.com

Sunday, February 11, 2007

Can your doctor get you on social security disability?

I just found this statement written in a forum post: "My doctor is going to try and get me on social security disability".

This, of course, begs at least a couple of questions, which are "What role does your doctor play in the social security disability process?" and "Can your doctor actually get you approved for disability?".

Both these questions can be addressed in this way. Your personal doctor or treating physician has no direct influence on the outcome of a social security disability or SSI disability claim. That decision is left completely up to the adjudicator. If your claim for benefits is at the initial claim level (the application level) or the first appeal level (known as the reconsideration or review), then that decision will be made by a disability examiner. If your disability claim is at the disability hearing level, that decision will be made by an administrative law judge.

So, what input will your doctor provide on your disability claim? Actually, this is limited to two aspects. Your doctor can provide medical records if those records are requested by the social security administration (i.e. a disability examiner or a disability judge). Your doctor can also provide a detailed statement that supports your claim for disability. If your doctor does this, of course, the statement he or she provides should focus on indicating your level of functional restriction. In other words, how does your condition limit your ability to perform daily activities and to work.





Additional information on Social Security Disability at www.disabilitysecrets.com









Other Posts:
A reconsideration with the Social Security Office
If your disability reconsideration is denied
How much can you make from work and still be allowed to apply for disability?
Anyone know a good SSD attorney around here?
Can your doctor get you on social security disability?


Anyone know a good SSD attorney around here?

This was written on someone's blog. The poster stated that she had just received a packet from the social security administration and was expressing frustration with the fact that she would have to fill everything out again. She then wondered if things would go better with an SSD attorney involved. Most likely, she was either A. completing a brand new application for social security disability (or SSI) or B. completing the paperwork for an appeal on her disability case.

I found this question interesting because, generally, people tend to ask about the cost of a disability attorney (25% percent of whatever backpay you receive, meaning no fee unless they win your claim) and also ask how the involvement of a lawyer may improve their chances of winning (at a disability hearing, representation came significantly increase one's chances of winning benefits).

So, let's examine her question: "will things go easier with an SSD attorney (social security disability attorney) involved?"

And the answer is...yes, things can go easier if you have a disability attorney. And here's how. From the moment you are represented, SSA (social security administration) is required to send copies of everything they send you to your attorney.

What does this effectively mean? It means that from that point on, your representative will be responsible for handling your appeal paperwork, getting it submitted on time, keeping copies of all paperwork submitted, and making periodic status checks on your case. Also, the mere fact that your representative will receive copies of everything you are sent dramatically reduces the risk of missing an appeal deadline.

And this may be one of the most important benefits of obtaining representation prior to the hearing level. Because missing a deadline can potentially mean having to start over at the beginning of the social security disability claim process with a brand new application. In other words, months wasted and down the drain.





Additional information on Social Security Disability at www.disabilitysecrets.com









Other Posts:
A reconsideration with the Social Security Office
If your disability reconsideration is denied
How much can you make from work and still be allowed to apply for disability?
Anyone know a good SSD attorney around here?
Can your doctor get you on social security disability?

How much can you make from work and still be allowed to apply for disability? (SGA, Substantial Gainful Activity)

In the context of social security disability and SSI, work and earnings are issues that are far more complicated than most applicants would realize.

However, the short answer to this question is this: you can work and still apply for disability as long as your gross monthly earnings are below a certain monetary amount known as SGA.

SGA stands for substantial gainful activity. And here's the principle on which SGA is founded---a person should be allowed to apply for disability if they are working and earning less than SGA because this may indicate that, while they are able to work, they may not be able to work and earn enough to sufficiently support themselves.

What amount must you be under if you are working and need to file for social security disability or SSI disability benefits? For 2005, the SGA amount was $830.00. For 2006, the SGA amount was $860.00. For 2007, the SGA amount was $900.00. And for 2008, the SGA amount is $940.00

So, if you read this post in 2009, 2010, or a later year, remember this fact, SGA tends to go up a little each year, meaning that the amount you can earn and yet still be allowed to apply for disability goes up a little each year.





Additional information on Social Security Disability at www.disabilitysecrets.com









Other Posts:
A reconsideration with the Social Security Office
If your disability reconsideration is denied
How much can you make from work and still be allowed to apply for disability?
Anyone know a good SSD attorney around here?
Can your doctor get you on social security disability?


If your disability reconsideration is denied

If the reconsideration you filed after being denied for social security disability or SSI disability is also denied, then you need to file the next appeal.

The next appeal in the social security administration's disability appeal process, of course, is the request for a hearing before an administrative law judge, and it is at this level that claimants who have been denied previously will have their best chance of winning disability benefits.

How many disability reconsiderations get denied? The statistics are different for each state, but approximately eighty-five percent of all reconsiderations that are filed get denied.

One question that gets asked every now and then is this: "If so many reconsiderations get denied, why should a person bother to file one?" Because, ultimately, the best way to get approved for disability (for claimants who have been previously denied) is to get a disability hearing before an administrative law judge.

However, you can't get to a disability hearing until you've gone through the reconsideration or review phase of the disability appeal process.





Additional information on Social Security Disability at www.disabilitysecrets.com









Other Posts:
A reconsideration with the Social Security Office
If your disability reconsideration is denied
How much can you make from work and still be allowed to apply for disability?
Anyone know a good SSD attorney around here?
Can your doctor get you on social security disability?


A Request for Reconsideration with the Social Security Office

Here's a statement I found posted on a forum: "A Request for Reconsideration involves an informal hearing with the social security office."

Is this correct? Not even slightly.

If you file a claim for either social security disability or supplemental security income (also known as SSI disability) and your claim gets turned down, then you have the option of filing for request for a reconsideration. Reconsideration is the first level of appeal and a reconsideration should be requested within sixty days of being turned down on a claim for disability.

Reconsiderations, however, do not involve hearings, formal or informal, and they are not even handled by the social security office other than receiving the request for reconsideration.

Here is how the process works when it comes to doing a request for a reconsideration---

1. The claimant makes a request for reconsideration. This is done usually after a notice of denial on a disability application has been received.

2. The claimant is sent the appeal forms to file a request for reconsideration.

3. The claimant fills out the reconsideration forms and sends them back to the social security office.

4. The social security office sends the claimant's file to the state agency that is responsible for making decisions on reconsiderations. In most states, this agency is known as DDS or the disability determination services (in other states, it may be known as disability determination unit, disability determination division, or the bureau of disability determination, but these are all essentially the same agency).

5. The state agency that receives the claimant's file (along with the request for reconsideration) will assign the file to a disability examiner.

6. The disability examiner will review the file (and usually gather and evaluate medical records) and make a decision to either approve or deny the claim for social security disability or ssi disability benefits.





Additional information on Social Security Disability at www.disabilitysecrets.com









Other Posts:
A reconsideration with the Social Security Office
If your disability reconsideration is denied
How much can you make from work and still be allowed to apply for disability?
Anyone know a good SSD attorney around here?
Can your doctor get you on social security disability?


Thursday, February 08, 2007

The Social Security Disability Back Payment Lump Sum

Once again, more bad information from a forum. Here's the quote:

"Your date of application has nothing to do with any lump sum awarded. It is solely based upon a determination of when you became disabled, plus a waiting period."

The answer given by this poster is partly right, but that, unfortunately, makes it mostly wrong. Fortunately, this is not the type of information that will hurt a claimant who reads such an answer in a forum (believe me, I've read some stuff in forums that borders on the dangerous and I feel sorry for claimants who have read such posts and then act on them).

We'll approach the answer to this issue in two ways. First, we'll talk about SSI disability.

For SSI disability, an individual may be paid disability benefits back to the date of their SSI application, and possibly earlier if the claimant filed a prior application (one on which they were denied) and this application is reopened at the time they are approved for benefits (this would ordinarily be done by an administrative law judge at a disability hearing).

For SSI disability, then, the date of application has everything to do with how much a claimant receives as a back payment lump sum. Was the poster completely wrong when they said "based upon a determination of when you became disabled".

Not completely. An SSI application date will determine how far back a claimant can potentially receive disability backpay. But the established date of onset, defined as when the disability actually began, will determine how far back the benefits can actually go. And, by the way, the five month waiting period does not exist for SSI disability claims.

For SSD, or social security disability, a disability claimant may be paid a disability lump sump backpayment as far back as the date of application. And, benefits may potentially be paid up to 12 months retroactive to the date of application if the medical evidence supports an EOD (established date of onset) back this far.

As with SSI disability, this only allows for potential back pay. How far back a claimant's back pay may be decided will, as with SSI, depend on when a claimant's disability is decided to have begun (EOD).

And unlike SSI, with social security disability, there is a five month waiting period (that really should be called an elimination period) that will effectively wipe out five months worth of benefits.

Also, as with SSI, a social security disability claimant who is approved may possibly have an earlier claim reopened and this may account for a greater amount of backpay. However, this does not happen often.





Additional information on Social Security Disability at www.disabilitysecrets.com









Other Posts:
A reconsideration with the Social Security Office
If your disability reconsideration is denied
How much can you make from work and still be allowed to apply for disability?
Anyone know a good SSD attorney around here?
Can your doctor get you on social security disability?


Playing Politics with Plane size ?

The title for the link to this article listed on Drudge read "Pentagon limits Pelosi Jet size". And when I read the link title, I think I may have had the same reaction that many people may have had, which was "Good grief, power wets the appetite, doesn't it?".

However, then I read the article and developed an opinion different than the one the link title may have been designed to elicit.

Here's the gist of the article. The pentagon has denied Speaker Pelosi the use of a larger jet and the white house seems to be using the very request for a larger jet as something indicative of unseemly behavior. But the request is actually quite logical and the denial of the request seems arbitrary and illogical.

The speaker of the U.S. House of Representatives requested a larger jet so that she could fly herself, members of her delegation, and members of her family from DC to California nonstop. California is, literally, at the far end of the continent. What is unreasonable about this? The speaker is third in line for the Presidency. Should the speaker always be required to stop for refueling and take on additional security concerns (because that's what it amounts to) simply because the white house finds it profitable to get political mileage out of her requesting a "larger" jet.

This is really petty politics. And it illustrates once again that "security" is just a smokescreen for gathering and accumulating power. Because if the current administration had ever been serious about homeland security, the U.S. southern border would have been tightened up years ago. They're worried about Al-quaeda coming in through airports and seaports? All they have to do is jump the border ANY DAY OF THE WEEK.

And denying the speaker of the house a suitable plane for the purpose of eliminating refueling is likewise political nonsense.


PENTAGON LIMITS PELOSI JET SIZE...










Other Posts:
A reconsideration with the Social Security Office
If your disability reconsideration is denied
How much can you make from work and still be allowed to apply for disability?
Anyone know a good SSD attorney around here?
Can your doctor get you on social security disability?


Tuesday, February 06, 2007

Overpayment owed to Social Security Administration

On my website and on this blog, I've discussed overpayment situations a number of times. Well, I recently reconnected with an old high school and college friend and, guess what? He's on disability (he has a particularly severe case of spina bifida as well as some other health problems) and has had his own overpayment situation.

How did he incur his overpayment from social security? I'm not quite sure of all the details (reconnecting after 20 years, I didn't really want to pry too much), but, like most situations, it went like this. He started working part-time to supplement his finances. He reported this to social security. He never heard anything back from the local social security office, or any other office. The disability checks kept coming and he kept working. Two years later, he received a notice in the mail informing him that he owed X thousands of dollars to the social security administration.

How did my friend react? Well, unfortunately, I think he reacted like a lot of people do. Which is to say, he was angry and afraid. He was angry because, from his point of view, he had done the right thing. He reported to social security the fact that he had started working.

Employees of the social security administration might respond "well, he shouldn't have kept the disability checks he was being sent". My response (and remember, I am speaking as a former social security disability examiner) is this: is it reasonable to expect that a disability benefit recipient would know what SGA is (substantial gainful activity, i.e. the monthly earnings amount above which a person is no longer eligible to receive disability benefits) or when their earnings are above the acceptable limit? Of course not. Disability benefit recipients do not know disability program budgeting procedures any more than I know veterinary science.

Other social security administration employees might respond with "well, we practically beat people over the head with all the information we send out regarding how important it is to report work and earnings." To this I say, I don't think the social security administration does an effective job of this. If they did, there wouldn't be so much confusion on the issue. And frankly, my friend's story is very similar to dozens of other stories I've heard. And here are the key ingredients.

1. He got a job.
2. He reported the fact that he was working to social security.
3. He never heard back from social security.
4. A long time after, he received an overpayment notice.

Who really dropped the ball here? I'd say that the social security administration did.

Now, what should you do if you ever receive an overpayment notice from social security?

1. Immediately contact the social security administration to find out more information.

2. If you believe the overpayment is unjustified, ask for this form: Request for Waiver of Overpayment. Fill it out, return it, and if it gets denied, appeal it (you can actually have the matter brought before an administrative law judge, the same type of judge who adjudicates social security and ssi disability claims).

3. If you believe the overpayment is unjustified, you may also wish to ask for a continuation of benefits while you appeal. You must request this continuation within ten days of receiving the overpayment notification. This will allow you to keep receiving your disability check while you try to have the overpayment waived. But be warned--if you elect to have your benefits continued and are not successful at having the overpayment waived, you will have to pay back the "continued benefits" (so you may want to think this one through).

4. If you believe the overpayment is justified, try to make a payment arrangement. In some cases, you can get the repayment amount very very low (its not unheard of to be given a ten or twenty dollar repayment amount per month).





Additional information on Social Security Disability at www.disabilitysecrets.com









Other Posts:
How long is the social security disability process?
Social Security Disability SSI and Pain
Social Security Disability Lump Sum

Movie downloads from Walmart

Walmart is getting into the movie download business. Interesting. Just the other day I was thinking that it wouldn't be a bad idea to have stock in Netflix. I wonder how the share prices for netflix stock will do with this news.

Here's the basic guts of this story. Walmart will have the participation of all the major movie studios (how could they not when Walmart accounts for 40 percent of all dvd sales--to say no to them is probably not a good idea, business-wise). Movie downloads will be available for $19.98 the same day they are released on DVD and television episodes will be available the day after they air on tv for $1.98.

How well will this do? Hard to say. Frankly, I don't think it will appeal to people like myself for several reasons. 1. I don't really want to watch movies on a pc or laptop. I've tried the portable movie thing on portable dvd players and even on a Sony Psp and after you get over the initial novelty of it all, it quickly loses its appeal. 2. Buying episodes of shows you've missed for 2 bucks doesn't sound all that bad...but more and more people have tivos or, even better, DVRs provided by their cable system. Digital video recorders, for me at least, have made VCRs and DVD recorders obsolete practically in the same breath. And as far as saving a copy for future use? Honestly, with most movies I just don't want to watch them more than once. And even my favorite movies rarely get more than a second viewing.

But, this is Walmart. And if there's money to be made, they'll make it. Personally, I'll just stick to my DVR.





Additional information on Social Security Disability at www.disabilitysecrets.com









Other Posts:
How long is the social security disability process?
Social Security Disability SSI and Pain
Social Security Disability Lump Sum

Disability Benefits for Mental Illness (bipolar disorder, schizophrenia, depression)

As a disability examiner for social security disability and SSI disability cases, I was often amazed at the cases that were denied. For example, I've seen individuals with IQs in the fifties get denied and I've seen individuals with long and well documented histories of decompensation get denied. I've also seen fairly severe cases of bipolar disorder get denied on the basis of duration (a durational denial is a denial made on the basis of an assumption that a condition will not last the required twelve months needed to satisfy the social security administration's definition of disability), which is quite ridiculous when one considers the waxing and waning nature of bipolar disorder, and a number of other conditions as well.

Even well-documented and legitimate mental illness cases get denied by social security. However, that depressing fact only makes it more imperative that disability claimants who file on the basis of a mental impairment provide substantial documentation in the form of medical records.

Unfortunately, in our society at present, getting access to needed mental health treatment can be difficult. According to the National Mental Health Council, there are approximately three and a half million Americans who suffer from brain disorders, schizophrenia, and bipolar disorder. And forty percent of these individuals receive no treatment. In many instances, the lack of treatment may be due to an individual never having sought treatment. However, there are too many cases in which those who seek treatment find no avenue by which to continue receiving treatment. For instance, those who become disabled and have long term disability insurance often find that their LTD "coverage" for mental health treatment caps out at the two-year mark.

Can you be approved for social security disability or SSI if you have a mental illness? Yes. However, disability claims based on mental impairments seem to be treated by the social security administration even more arbitrarily than claims that are based solely on physical impairments.

If you file an application for disability on the basis of one or more mental impairments, prepare for the strong probability of being denied at the initial claim level, and prepare for the likelihood of having to file appeals. However, on the bright side, it should be noted that the majority of claims that are brought before administrative law judges at disability hearings are approved, and this is particularly true for represented claimants. The downside to this fact, however, is the fact that the appeals process leading to a hearing can take 1-2 years.





Additional information on Social Security Disability at www.disabilitysecrets.com









Other Posts:
How long is the social security disability process?
Social Security Disability SSI and Pain
Social Security Disability Lump Sum

Dropout rates rising in North Carolina

This news is particularly interesting to me since it comes from my own home state of North Carolina. However, it would be interesting regardless since, at a time when one's job competitiveness is increasingly dependent on higher education, it is unfathomable to me that anyone would choose to "dropout". However, even in today's job market, students still drop out in amazing numbers. In North Carolina, 22,000 students dropped out in 2006 and this represented a four-year high and the largest number of dropouts in approximately six years. Not an encouraging trend and certainly not good for the employability of these individuals. In fact, I can remember several years back (perhaps as long as ten years ago) when BMW was considering locating an auto plant in north carolina. Ultimately, the plant was built in another state. Reason: the overall quality of North Carolina's younger workforce, not to mention the quality (at that time, at least) of the community college system.





Additional information on Social Security Disability at www.disabilitysecrets.com









Other Posts:
How long is the social security disability process?
Social Security Disability SSI and Pain
Social Security Disability Lump Sum

Monday, February 05, 2007

Checking the credentials of a Social Security Disability Lawyer

Again, advice from a forum (I begin to wonder if I will ever run out of these -- possibly not since I keep finding new forums to quote from).

"When you check on getting a disability lawyer, ask questions. What is their track record? How often do they do win their disability cases. You don't want a lawyer who doesn't win most of his cases".

Hmmm. In theory, there's nothing heinously wrong with asking such questions. But theory is one thing and practice is another.

Think about it. If you call a disability lawyer on the phone and tell him that you are looking for representation but only want an attorney who meets certain qualifications, how are you going to ascertain those qualifications? By asking him questions like this? You can ask away, but I doubt it will do much good.

For example, if you ask a social security disability attorney the question "what is your track record on handling disability cases?", you'll probably be answered with "My track record is very good". Why on earth would he (or she) say otherwise? And even if the attorney's track record is not so bright and shining, how would you know?

Second example: You ask the attorney "How many of your cases do you win?" Is it even remotely concievable that a disability lawyer with a poor record of representation is going to answer such a question with "I win about about thirty percent of my cases"? If he has brain damage, maybe he will. But, of course not, because everytime he gave such an answer he would be turning away opportunities to gain new clients to represent.

So, in theory, being advised to ask a prospective disability lawyer about his or her "track record" is not particularly useful.

How do you gauge the quality of someone you may be about to hire? That's a hard question to answer. You'll probably have to rely on a combination of the following:

1. Your first impressions.
2. Your gut instinct.
3. And your own appraisal of how well they have handled your own case up to a certain point -- i.e. if they miss appeal deadlines, never return your calls, and never seem to know the status of your case....you may want to consider seeking out someone else to handle your social security disability or SSI disability claim.





Additional information on Social Security Disability at www.disabilitysecrets.com









Other Posts:
How long is the social security disability process?
Social Security Disability SSI and Pain
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The Governator - Arnold Schwarzenegger on the issue of the fence

Politics completely aside, this is really a pretty funny quote from the governor of California. I have no idea if it was intended to be funny or not, but...if it wasn't intended to be funny, that actually makes it even funnier.

In response to being asked if the idea of a seven hundred mile long fence between the U.S. and Mexico seemed "ridiculous", Governor Schwarzenegger said this:

"It sounds ridiculous to me simply because the border with Mexico is longer than 700 miles," Schwarzenegger says. "So now we need to know specifics."

(To any Arnold fans out there, I am in no way poking fun at the Governor. I applaud his sense of humor)





Additional information on Social Security Disability at www.disabilitysecrets.com









Other Posts:
How long is the social security disability process?
Social Security Disability SSI and Pain
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Sunday, February 04, 2007

Will my disability case be reviewed after I am awarded disability benefits?

This is a question that comes up quite frequently. In fact, I would be surprised if this question did not occur in the mind of any individual who had been approved for either social security disability or SSI disability benefits.

The way the disability system is currently set up, individuals who have been awarded benefits are "diaried" to have their claims reviewed at periodic intervals. What does "diaried" mean? It means that an individual's disability claim will be reviewed every 1, 3, or 7 years. It doesn't always work out this way, of course---depending on how much work is sitting on a CR's desk, a case that is diaried for 3 years may not be reviewed until the 4th or 5th year (CR stands for Claims rep---claims reps are the individuals who process retirement and disability claims at social security offices and they also handle reviews of claims).

When a claim is reviewed, a CDR is conducted. CDR stands for continuing disability review. During such a review, a disability benefit recipient's medical condition will be reviewed to determine if the recipient still meets the social security administration's definition of disability.

If you have been approved for disability benefits, should you be worried about a future review of your disability claim? No, the majority of claims are, in fact, continued, following the performance of a continuing disability review. This is because, to be taken off disability benefits, a person's medical records must document the existence of medical improvement. And, in most instances, the medical records of an individual who has previously been approved will not show this.





Additional information on Social Security Disability at www.disabilitysecrets.com









Other Posts:
How long is the social security disability process?
Social Security Disability SSI and Pain
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New HIV threat found in Seattle

I became a bit familiar with HIV many years ago when I was a food stamp caseworker at a Social Services Department. My caseload numbered more than five hundred benefit recipients including a number of homeless individuals and three who had HIV.

Back then, acquiring the HIV virus seemed to be a virtual death sentence, particularly for individuals who were relegated to the margins of society. In recent years, that situation seems to have changed for the better. With access to medical care and the right medications, the likelihood of HIV progressing to AIDS has diminished. However, the power of a virus lies in its ability to mutate and so could that situation be changing?

The following link leads to an article about a new HIV variant discovered in Seattle which seems more resistant to current medications

New HIV threat found in Seattle





Additional information on Social Security Disability at www.disabilitysecrets.com

Free Legal Representation for Social Security Disability or SSI claims

I've made several posts lately about bad advice in forums. Here's another excerpt, and certainly one of the worst pieces of advice for social security disability claims that I've come across yet.

"If your disability case gets stuck in the red tape, you should look into finding legal advice. Did you know that there there is FREE legal counsel available just about anywhere? Check around. A penny saved, you know. Only, you can save yourself thousands of dollars. Best of luck on your social security disability claim."

Why is this bad advice? Because, generally, legal aid is the last resort for a person pursuing a social security disability or SSI disability benefit claim. In fact, in one locality with which I am familiar, legal aid will not even take a claimant's case until the case has been refused by a certain law firm (and this particular firm refuses very few cases).

But there's another very good reason for not utilizing the services of a legal aid attorney and here it is: if you have applied for disability benefits and desire representation, to maximize your chances of winning you should choose a representative who specializes in social security disability and SSI cases, versus a jack-of-all-trades practitioner who has little experience in the area of disability claims and, consequently, little insight into how the system works.

The forum poster said "you can save yourself thousands of dollars". Perhaps. But there's another saying too. You get what you pay for.

FYI-- Disability representatives are paid 25% of a claimant's backpay if the case is won. If the case is not won, there is no fee, though a claimant may owe incidental expenses, typically for the cost of obtaining medical records.





Additional information on Social Security Disability at www.disabilitysecrets.com









Other Posts:
Is Medication an Issue for Social Security Disability
Free Legal Representation for Social Security Disability or SSI claims
Will my disability case be reviewed after I am awarded disability benefits?

China is downplaying the UN report on climate change

Wow, this one came out of left field didn't it. The communist government of the People's Republic of China is downplaying the United Nations report on climate change. Who would have figured?

A while back, I read an article that discussed pollution levels measured in California. Apparently, despite tougher emission s standards in California, and despite the investment made in smokestack scrubbers (these can cost up to 250 million each), the levels of atmospheric particulates were actually found to be higher. Reason? Pollution traveling over the pacific ocean from China to the United States. Very troubling.

The question is, how do you convince someone else to put the brakes on their own industrial revolution, especially when that "someone" is a nation that, in recent history, charged ahead with "great leap forwards" that resulted in the deaths of millions of its own citizens.

You can't, unfortunately. The only way, really, to put the brakes on the chinese economy is to reduce the demand for its cheap goods (and often poor quality goods--I know from my own poorly-thought purchases of cheap electronics). And the greatest demand for these goods emanates from the U.S.

China media downplays UN climate change report





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Other Posts:
Is Medication an Issue for Social Security Disability
Free Legal Representation for Social Security Disability or SSI claims
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Friday, February 02, 2007

Is Medication an Issue for Social Security Disability

Someone posted this question in a forum recently: "Will if affect my case if I am not on medication when I apply for disability?"

When it comes to medication and filing for disability, there are two separate issues.

The first one concerns "compliance with prescribed medication". What does this mean? Basically this. If you have a condition for which medication has been prescribed and it becomes evident during a review of your medical records (at the initial claim level, first appeal level, or by a disability judge at the disability hearing level) that you have not taken your medication as directed by the prescribing physician, this may have a negative impact on how your claim is viewed.

Of course, this may sound completely ridiculous to someone whose medical insurance has lapsed for quite some time (obviously, its difficult to get medication if you don't have health insurance--unfortunately, this happens to a large percentage of disability claimants), but the social security administration's point of view is this: for a disability claimant has not taken medication as prescribed, how is it possible to gauge the true severity of their condition?

The second issue regarding medication and social security disability applications, however, is the very question asked by the poster in the forum -- "Will if affect my case if I am not medication when I apply for disability?"

Answer: You do not necessarily need to be on medication to be approved for social security disability or SSI disability. And Social Security Disability Examiners and Administrative Law Judges do not use a checklist for medication usage.

Just the same, though, disability examiners and ALJs may find it noteworthy (just to use a couple of examples) that a claimant who has major depression is not taking antidepressants, or that a claimant with seizure disorder is not taking antiseizure medications.

This is really, however, how disability applicants should view the medication issue. If you have a condition, are being treated for the condition, and are not being prescribed medication, don't worry about it. The social security administration will evaluate your medical records and make a determination based on the severity of your condition, the extent to which it functionally limits you, and the resulting effect on your ability to work.

If you have been prescribed medication, try to stay compliant because cases are denied on the basis of non-compliance. Without a doubt, this can be a bitter pill for disability applicants who have fought long and hard to win disability benefits and, somewhere along the way, have lost their health insurance coverage.

For those that have, it may be helpful to consult resources such as Needy Meds , a website that allows users to learn about the various prescription medication assistance programs that are operated by pharmaceutical companies.





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Other Posts:
Is Medication an Issue for Social Security Disability
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We move along

The GoldFish gave me permission to quote from her disability blog and so I'd like to present a few lines (quite a few actually) from one of her recent posts. Her post concerned moving, leaving a place...but so much more than that.

The post made me think of a few things and reminded me of others. Things I've read. Things I've thought. Places I've left. And people I've known who, living or not, have become inexorably removed from me as I am carried along, not always willingly, on the conveyor we call linear time.

I can see these people and places in my mind, as a still picture, or, in very reflective moments, as a short, personal movie clip. If the moment is right, I can hear sounds from long ago, and if I conjure hard enough I can grasp shadowy incarnations of an old scent or a past touch.

Any post on any blog that evokes such feeling is one that I highly recommend.

Here's the quote, followed by a link to the full post---

"I am fine, somewhat tearful. No reason; we have nothing to lose. I think there are only a handful of things in life anyone can claim that they have actually lost. We have both had a great time in this place and nothing can ever take that away from us. Only it moves into the past tense and can only be revisited in the imagination. We never get to revisit the great times in any case; even if their locations have been frozen in time, we have not. And that's not a bad thing. There are other great times, new adventures to be had ahead of us, new places which will become special to us further along the road. There are friends out there who we don't even know yet, perhaps a few who are not yet born, let alone all those who exist who we are only going to get to know and love better with time.

Nobody has died; nothing to mourn.

But saying goodbye, even to a place, even when you know that it's time to go..."


That was then










Other Posts:
Is Medication an Issue for Social Security Disability
Free Legal Representation for Social Security Disability or SSI claims
Will my disability case be reviewed after I am awarded disability benefits?














Past Posts

How do you apply for Disability ?
What happens after you apply for Social Security Disability or SSI?
How does Social Security decide Disability cases?
How long does it take to get a decision on a Disability case?
Why does it take so long to get a decision on a Disability case?
What if you get denied for Social Security Disability or SSI?
How do you file a Disability appeal?
Social Security Disability and Medical Evidence
Correct Steps for Filing a Social Security Disability Claim
Filing for Disability - Doctors and Documentation
Will I get disability with Bipolar Disorder ?
Mental Testing When You Apply for Disability for Depression
The chances of winning Disability on an appeal?
How bad should my condition be before I file for disability ?
How does Social Security decide if I am Disabled ?
How long does it take to get a hearing for disability ?
What are the chances of winning at a disability hearing ?
Approval Criteria for Disability
Conditions that Social Security will recognize as a disability
Disability Determination
Social Security Disability Requirements
Denial of Disability, Pain, and Medical Records
The criteria for social security disability and ssi
How can you improve your chances of winning disability ?
SSI Disability
File for disability as soon as possible
For what medical conditions can you be approved for disability ?
Qualifying for Disability - How difficult ?
What Does Social Security Consider To Be a Disability?
How to Qualify for Disability - social security disability or SSI
Social Security Disability Claims and Disability Lawyers
Applying for Disability with Depression
Filing for Disability with Fibromyalgia
Social Security Disability Qualifications
Fibromyalgia and Disability Judge Perceptions
Denied for Social Security Disability
The Second Social Security Disability Appeal
Do you have to be totally permanently disabled to get disability ?
Social Security Disability Backpay, SSI back pay
Social Security Disability SSI status
Social Security Disability System
Who is eligible for Social Security Disability or SSI?
Disability and other work
Applying for Disability Based on MS, Multiple Sclerosis
Tips for Filling out a Social Security Disability Application
How Do You Get Approved for Disability with Social Security?
SSI Reconsideration easier than an SSD Reconsideration?
What does social security mean when they say you can return to your past work?
Social Security Disability, Medical Records and a Disability Attorney
Denied the second time for Social Security Disability
How many Social Security Disability and SSI cases get denied?
Appeals for Social Security Disability
SSI Benefits
Social Security Disability Appeal
Social Security Back Pay
Application for Disability
Disability Denied
How to get disability
Disability Requirements
Social Security Disability Benefits
Application for Disability
Disability Appeals
Total Disability and social security disability
Social Security Disability Attorney Fees
Qualify for Social Security Disability
How Does Social Security Decide Your Disability Claim ?
What to Expect at a Social Security Disability Medical Exam
Social Security Disability Denied - Why did this Happen?
How to get SSI
Social Security Disability Status on a Case
When should you file for Disability Benefits
Social Security Disability Questions
Getting Disability Benefits
Social Security Disability Claim Advice
How to get approved for SSI disability
Can I win my disability case ?
Social Security Disability and the right doctor to win?
Social Security Disability Applications
Medically Disabled for Social Security Versus the Definition of Disability
Social Security Disability List of Impairments
Can I improve my chances of winning disability ?
If I get approved for disability will I get back pay ?
The social security disability process for disability claims
Disability Claim denied
Disability Applications
How do I Apply for Disability Benefits ?
How to get Approved for Disability - Information on claims
Appealing a Denied Disability Claim
What to do after a Disability Claim is Denied
Disability Lawyers and Finding YOUR Disability Lawyer
SSI Claim for Disability benefits
Questions about Disability benefits
Social Security Disability Frequently Asked Questions and tips
More Frequently Asked Questions about Social Security Disability and SSI
Questions about applying for disability - Advice and Tips
Questions about Social Security disability SSI plus advice tips
The list of lists Social Security Disability SSI Tips Advice
Questions about SSD Social Security Disability FAQ
Social Security Disability Mistakes
Social Security Disability and Medical Conditions
Social Security Disability Residual Functional Capacity Form
Residual Functional Capacity - Social Security Disability and the RFC form
Update on a Social Security Disability Application
Drawing Social Security Disability Benefits for a medical or mental condition
What's so hard about filing for disability?
How much does it cost to process a Social Security Disability Claim?
Anxiety and Panic before a Social Security Disability Medical Exam
Social Security Disability Benefits and Pain
How does Social Security Disability use your Work History?
I Never Met With My Disability Attorney before my SSD Hearing
Being Prepared for a Social Security Disability Hearing
Social Security Disability and Fibro Fog
Social Security Disability Psychological Exam and Questions that get Asked
Decisions on Disability Applications - Fully and Partially Favorable
How will a Social Security Doctor determine my illness?
How long does it take to get a decision from a Disability Judge?
Questions about social security disability hearings
Claim denials, denied cases, and being turned down
Should your Doctor determine if you get Social Security Disability or SSI?
Social Security Disability Hearing Decisions
Appyling for SSD - Disability Application Information
Social Security Disability SSI and Hepatitis
Will you get Social Security Disability if you can't do your old job?



Posts about Conditions

Cancer
Type I Diabetes, Type II Diabetes, Diabetic Retinopathy
Fibromyalgia
Bipolar Disorder
Memory Loss
Heart Disease, Heart Attack, Congestive Heart Failure
Back Pain, Ankylosing Spondylitis, Spinal Stenosis, Degenerative Disc Disease










Recent Denial Rates for Disability Applications

Filing for Disability in California - In California, 55.5 percent are denied.
Filing for Disability in Texas - In Texas, 61.5 percent are denied.
Filing for Disability in Pennsylvania PA - In pennsylvania 55.1 percent are denied.
Wisconsin - 62.6 percent denied.
Filing for Disability in Washington - 58.9 percent denied.
Filing for Disability in Virginia - 61.6 percent denied.
Filing for Disability in Massachusetts - 54.7 percent denied.
Maryland - 66 percent denied.
Filing for Disability in Michigan- 64.1 percent denied.
Minnesota - 57.6 percent denied.
Mississippi - 72.8 percent denied.
Missouri - 66.8 percent denied.
Nevada - 50.4 percent.
Filing for Disability in New Jersey - 50 percent.
New Mexico - 59.6 percent.
Filing for Disability in New York - 61.9 percent.
Filing for Disability in North Carolina NC - 67.2 percent.
Filing for Disability in Ohio - 71.1 percent.
Oklahoma - 66.1 percent.
Oregon - 66.3 percent.
Arizona - 53.4 percent.
Arkansas - 63.2 percent.
Colorado - 73.7 percent.
Filing for Disability in Florida - 64.9 percent.
Filing for Disability in Georgia - 71.8 percent.
Filing for Disability in Illinois - 61.2 percent.
Filing for Disability in Indiana - 67.8 percent.
Kansas - 67.3 percent.
Kentucky - 67.7 percent.
Louisiana - 68.8 percent.
Filing for Disability in Tennessee - 74.3 percent.
Alabama - 70.6 percent.
Connecticut - 62.2 percent.
Utah - 69.8 percent.

























Note: This blog is not intended as medical advice or legal advice, should not be construed as such, and does not establish a representative-client relationship.