Monday, July 30, 2007

Social Security, Medicare, and Medicaid - Consider the Scary

I came across these statistics on an MSNBC article.

1. By 2030, the number of Americans who are sixty-five and older will double from their numbers in the 2005 census.

2. These individuals will represent twenty percent of the U.S. population whereas they currently represent 12 percent of the country's population.

3. The amount of money spent on social security, social security disability, medicare, and medicaid may consume three quarters of the national budet. Even now, it consumes a whopping 40 percent of the national budget.

Some younger individuals reading news like this might think to themselves, "this is terrible news". But, you know, its not really news. I'm in my forties and I've been hearing about this since I was in my late teens. Which means Congress has been doing a big fat nothing with regard to these issues for all of my adult life. Doubtless, they will continue to do nothing since every possible solution potentially means stepping on some constituency's toes. And that's something that senators and congressman shun like the plague, considering that "re-election" is the only issue that's truly important to them.






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











Disability in the Various States:

Texas Disability
California Disability
Tennessee Disability
Ohio Disability

Saturday, July 28, 2007

Disability Increasing faster among Women

An article that appears on the Star Gazette states the following:

1. The rate of disability among working adults is increasing faster for women versus men.

2. Data compiled by the social security administration indicates that the rate of increase for men is 32 percent while the rate of increase for women is nearly double, at 60 percent.

3. In a survey conducted by the CDA, or council for disability awareness, only thirty-eight percent of female survey respondents indicated that they had, at some point, considered how they might deal with an income-limiting period of disability.






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











Disability in the Various States:

Texas Disability
California Disability
Tennessee Disability
Ohio Disability

Can you receive Social Security Disability and Veterans benefits

I found a forum posting in which a disabled veteran said that he originally was of the belief that you couldn't receive two federal disability checks from two separate sources, in this case the VA and the social security administration. Obviously, as the veteran subsequently learned, this is not the case. I have to admit I'm somewhat amazed that the vet thought this and it makes me wonder how long he received his service connected disability benefits before he finally filed for social security disability benefits. Hopefully, not too long.

One interesting comment by the vet was that he managed to win his SSD benefits in under thirty days without a lawyer by, as he put it, drowning them (the social security administration) in "medical records of proof".

Let's analyze this.

1. Medical records. Yes, you should make sure that the disability examiner who is evaluating your case (or the disability judge if the case is at the hearing level) is aware of all your medical treatment sources, including the dates of treatment, the names of your doctors, and the addresses of your providers. This will make it far easier for your records to be gathered and, bottomline, everything really does come down to what is in your records.

2. Can you be approved for social security disability in thirty days or less. Yes. It doesn't happen all that often, and even when cases are approved at the initial claim level, it usually takes several weeks, or months, longer than this. But, yes, it is possible.

3. Can you get approved for disability in under a month without a lawyer? Of course. In fact, if you get approved in less than a month, at the initial claim level, the chances are that a disability lawyer would not have been able to do much for you, anyway. Disability lawyers tend to be most useful in situations where a disability claimant has received a denial of their claim.






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











Disability in the Various States:

Texas Disability
California Disability
Tennessee Disability
Ohio Disability

Disability Judges being added?

This is a post...about a post...about a post. In other words, I'm commenting with regard to something someone else said, which, itself, was uttered with regard to what someone else said.

What am I talking about? A post on Charles Hall's blog titled " Astrue At ALJ Conference. In the post, Hall mentions that it may possibly be the intention of Michael Astrue (the commissioner of the social security administration) to hire up to eight hundred additional support staff for disability hearing offices around the country as well as increase the number of adminisrative law judges to 1200 by the end of the 2008 fiscal year.

Whether this is true or not, I don't know. However, additional hearing office support staff could help to move social security disability cases faster, possibly faster than simply adding more judges.

Is 1200 a good target goal for the number of ALJs? Again, I don't know. But I believe
I came across information that indicated that, in 2005, disability judges numbered 1,096 while in 1999 they numbered 1,090.

Given that, 1200 would be a remarkable increase.






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











Disability in the Various States:

Texas Disability
California Disability
Tennessee Disability
Ohio Disability

Diet Soft Drinks in the news again

Damned if you do, damned if you don't. Years ago, I stopped drinking sugar drinks (coca-cola, pepsi) for several reasons.

1. the extra calories consumed from several of these drink daily contributed to weight gain,

2. all that sugar in your diet tends to contribute to a build up of plaque (as in teeth), and most, importantly,

3. having read medical records for several years and having seen, over and over in the medical records of social security disability claimants, the incredible incidence of type II diabetes, I decided it would be safest to drop non-diet drinks like a hot potato.

I still feel that way for all the reasons cited. Nonetheless, I have to wonder if now is the time to drop the diet drinks like a hot potato and switch off completely to flavored waters. Reason: more and more evidence seems to be surfacing regarding the health effect of long term diet soda consumption.

The most recent study says something that is fairly troubling (at least to me). Individuals who consume more than one diet soft drink a day have an elevated risk of developing "metabolic syndrome". I'd never heard of this, but, apparently, like any other "syndrome", it has a number of question marks floating around it.

However, what is "thought" to be known about it is this--the syndrome is associated with several health indicators, including too much abdominal fat, high triglycerides, low levels of HDL (good cholesterol), and hypertension.

Now, here's the kicker. Metabolic syndrome is thought to double the risk of heart attack and stroke. And also increase the risk of diabetes.

Wow. Like I really need that. Well, I guess it may be time to drink more water.










A denial can be appealed
What is a disabling impairment?
The disability determination process
Hepatitis C on Disability Applications

Friday, July 27, 2007

Disability Lawyers for Social Security Claims

I came across an article written by an attorney who once handled, but no longer handles, social security disability and SSI disability cases for claimants in the Wilmington, Delaware area. It made a number of noteworthy points that I'd like to comment on.

1. Not every disability lawyer will choose to take every possible case. Some disability lawyers are more discriminating than others, choosing to shoot for, for lack of a better phrase, "a caseload of slam-dunks". And some disability lawyers would simply prefer to wait until a claim has been denied before providing representation. The reasoning for this may vary from "There's not much I can do to help until you've denied and, if you win, I wouldn't want to charge you a fee for doing basically little or nothing" to "I prefer to heavily screen my cases and take only the ones with the best chances of winning".

2. The administrative law judge who serves as the adjudicator at a disability hearing is in the unusual position of acting--since the social security administration does not have an attorney of its own participating in the process---as both A. the decision-maker and B. a representative of the social security administration. The nature of this role, of course, makes it essential that, now and in the future, administrative law judges retain their ability to act as impartial adjudicators on social security disability claims.

3. A disability claimant with representation will find himself, or herself, in a more favorable position at a disability hearing simply because a claimant will know nothing about the actual disability evaluation process. Even a claimant who has decided to research the process will know little to nothing about the process, simply due to this fact: unless a person has actually served as an adjudicator (a disability examiner or a disability judge) or as a claimant's representative, they will have no real insight into what is truly needed to successfully argue for an approval, let alone make any arguments regarding poor adjudication of the claim at earlier levels (i.e. pointing out the mistakes made by social security at the initial claim or reconsideration levels).





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











Disability in the Various States:

Texas Disability
California Disability
Tennessee Disability
Ohio Disability

If you get SSI disability, will you qualify for other types of benefits ?

I came across this particular question via the McClatchy-Tribune news service and it is a very relevant question, though, surprisingly, one that I don't see addressed more often.

As a former disability examiner for social security disability and SSI cases, and as a former medicaid caseworker, food stamp caseworker, and AFDC caseworker, here's my answer.

In most states, if are you approved for disability benefits and your benefit category is SSI (meaning that you were either not insured for social security disability or WERE insured for SSD but with a very low benefit entitlement amount), then you will receive medicaid benefits. This is the case, I believe, for any state that has elected to provide medicaid via funding from the federal government.

It's been a number of years since I was a medicaid caseworker (I handled medicaid for children, families, and for indivdiduals with disabilities), but, back then, eligibility for medicaid meant that a person would receive six paid prescriptions per month, and could be seen by a physician up to 24 times per year. This, of course, may no longer be the case in every state, particularly since individual states have been given considerable wiggle room when it comes to tailoring their own state's specific version of medicaid (I believe the deficit reduction act paved the way for this).

Another benefit of being approved for SSI disability, at least in some areas, is automatic eligibility for LIHEAP, which provide energy assistance. LIHEAP is traditionally thought of in terms helping individuals with heating, but there is also a summer energy assistance program, named, not surprisingly, SEAP.






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











Disability in the Various States:

Texas Disability
California Disability
Tennessee Disability
Ohio Disability

To be awarded Social Security Disability do I have to be disabled for a whole year?

I came across a question on one site that was sent in by a reader. The question went something like this: "I was told that I have to have a disability that lasts a year. But do I actually have to be disabled for a year to get social security disability approved ?."

When I find questions like this, it becomes very clear to me that social security does not do an adequate job of explaining their definition of disability (but, in all honesty, this can be a fairly difficult thing to do, considering how detailed that definition is).

Perhaps this is a good way to explain it, or at least to begin to explain it. From the social security administration's standpoint, the actual condition with which you've been diagnosed is somewhat irrelevant. Likewise, the length of time you've had this condition may be equally irrelevant.

If that's true, then what makes you disabled for social security disability or SSI disability?

Bottom line, it is this: your inability to work and earn a certain minimum level of income (known as substantial gainful activity), as a result of your condition, for a minimum of twelve months.

A more detailed way of explaining it however, would be this:

Your condition, or various conditions, must result in functional limitations (as measured by social security, after an analysis of your medical records) that 1. preclude your ability to engage in work that you've done in the past, while earning a certain minimum amount (substantial gainful activity) and 2. preclude your ability to engage in suitable forms of other work, as determined by your age, work skills, educational attainment, and rated functional limitations, again while earning a certain minimum amount (substantial gainful activity). And, of course, this "state of disability" must last for at least one full year (though it does not have to have lasted a full year before you actually file for disability





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











Disability in the Various States:

Texas Disability
California Disability
Tennessee Disability
Ohio Disability

Questions about SSD

SSD is just another abbreviation for social security disability, which is also known as SSDI (social security disability insurance) and as RSDI (retirement, survivors, disability insurance).

Hopefully, the pages from this blog that will be bookmarked here will help to answers questions you may have about SSD, and the SSI disability program as well. For additional information, of course, you may wish to choose the link at the top of the page which leads to Disability Secrets and which provides a number of answers to questions regarding social security disability, information on representation issues, tips and advice for claimants, and mistakes to avoid when filing for social security disability.



Social Security Disability Advice
Sarcoidosis Social Security Disability SSI - Applying for Disability
Can a Congressman help on a disability case with Social Security ?
Social Security Disability Denials
Is crohn's disease considered a disability by the social security administration?
Can a married couple both receive social security disability ?
Epilepsy Social Security Disability SSI - Applying for Disability
Social Security Disability Resources
Herniated Disc, Social Security Disability SSI - Applying for Disability
What does Social Security Mean by Disability?
Parkinson's Disease Social Security Disability SSI - Applying for Disability
Qualify for Disability - social security disability or SSI
Lymphoma Social Security Disability SSI - Applying for Disability
Social Security Disability and Post Polio Syndrome
How can I win Social Security Disability or SSI if I don't have health insurance ?
Rheumatoid Arthritis Social Security Disability SSI
Social Security Disability SSI benefits based on Osteoarthritis
How hard is it to get on disability without being on medication?
Ankylosing Spondylitis and Social Security Disability SSI
COPD and Social Security Disability
Lymphedema Social Security Disability SSI
Social Security Disability Buffalo
Hypertension - High blood Pressure, Social Security Disability SSI
Diabetes Social Security Disability SSI
How do you earn credits for social security disability?
Can you buy a house or home if you receive social security disability or SSI disability ?
Multiple Sclerosis, Social Security Disability, SSI
Social Security Disability and the lack of disability judges
What is a disability, or medically determinable impairment, for Social Security Disability or SSI?
Social Security Disability Cases in Tennessee
To be awarded Social Security Disability do I have to be disabled for a whole year?
If you get SSI disability, will you qualify for other types of benefits ?
Disability Lawyers for Social Security Claims
Can you receive Social Security Disability and Veterans benefits
Qualifications for Disability
Disability Secrets
Not able to afford a disability attorney
Appeal - disability determination
SS disability
Supplemental security income
Applying for SSI
Deciding to file for social security disability
How long does it take to get a decision for SSDI and SSI disability?
Bipolar Disability
How much will I receive if I am approved for disability - Social Security or SSI ?
Will a disability attorney better help you explain your case ?
Disability Forms - the disability report
Applying for social security disability online
Speed up disability claims
Social Security Disability Denied for a Brain Tumor and Stroke
Medical Conditions
Social Security Disability SSI Arthritis
Social Security Disability SSI and Lupus
Social Security Disability Benefits
Average wait for a social security disability hearing
How long does it take to get a disability decision ?
Crohn's Disease Social Security Disability SSI - Crohns
Social Security Disability FAQ

Tuesday, July 24, 2007

Social Security Disability Articles - Be careful where you get your info from

I found an article on Social Security Disability that appears on a personal website and which appears to be a reprint of an article that was submitted to AC.

Things that are correct in the article:

1. Most Social Security Disability attorneys will offer a free consultation --- Actually, any disability attorney that chooses to offer a consultation prior to being designated as your representative (the act of signing and submitting form SSA-1696 accomplishes this) will do this for free.

2. Roughly thirty to forty percent of all applications for social security disability or SSI disability are denied --- This is basically true. The denial rates actually vary by state and, nationally, about 30 percent of all claims are denied at this level.

3. Social Security will want to know about the jobs you've held for the last 15 years. Essentially true. This is called the relevant period. Essentially, this is an arbitrary determination by the social security administration (how they decided on 15 years, I haven't a clue) that any jobs worked within this period are relevant and subject to consideration when a claimant's past work is evaluated.

Things that are incorrect in the article:

1. Disability attorneys are paid 30 percent of your backpay as the fee for representation --- Incorrect.

The fee is equal to 25 percent of your disability backpay, currently capped to a maximum of $5300.

2. You shouldn't count on social security to request your older medical records since they will only request your most recent ones --- Incorrect. Disability examiners NEVER restrict their medical record requests to only your most recent visits. Typically, they request your records for years back. And they do this to cover themselves on the AOD (alleged onset date) supplied by a claimant on an application for social security disability or SSI.






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











Disability in the Various States:

Texas Disability
California Disability
Tennessee Disability
Ohio Disability

Sunday, July 22, 2007

Social Security Disability Cases in Tennessee

I came across a fairly informative article written by a Tennessee Social Security Disability Attorney.

According to the writer, in the state of Tennessee:

1. Seventy percent of individuals filing for social security disability are denied. This is actually the national average regarding denials of social security disability claims.

2. 93 percent of all disability claimants who file a request for reconsideration in Tennessee (reconsiderations are the first level of appeal for individuals who have been turned down on a social security disability claim) are denied. This rate of denial exceeds the national average which is 85 percent (actually, the exact percentage is 84.9 %).

3. In Memphis, Tennessee, the average processing time for a social security disability or SSI disability case is 450 days, while the average processing time in Nashville, Tennessee is 550 days. The national average is 274 days.






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


Saturday, July 21, 2007

Online Video

According to one website, online video grabbed the biggest share of web user traffic in the month of May. In fact, if you can believe it, 75 percent of all web traffic was attributable to these sorts of downloads.

I suppose that's possible, though I really wonder how they're calculating this. From my perspective, it seems that many people, a sizeable chunk of internet users, seldom ever view video online, aside from video snippets provided by major news providers.

However, if the measurement is based on internet bandwidth consumed, then video downloads are the easy winner hands down, simply due to the file sizes.

I'm a fairly regular user of youtube, which was purchased a while back by google. I go there at least once a week on average. Yet, to this day, I've never clicked an ad on youtube. And, if I'm typical in this regard at all, one has to wonder how google is doing with this particular investment as youtube cost them about 1.6 billion to acquire.












Disability in the Various States:

Texas Disability
California Disability
Tennessee Disability
Ohio Disability

What is a disability, or medically determinable impairment, for Social Security Disability or SSI?

When a person files for social security disability or SSI disability, they complete a disability application. On the first page of this form, they are asked to list the conditions that affect them and which contribute to their state of disability. Some applicants for disability list only the conditions they believe affect them the most.

However, if you are applying for social security disability or SSI disability benefits, you should probably list every single condition you have. In other words, if you feel you are disabled due to severe degenerative disc disease, but also also have high blood pressure, you should indicate the fact that you have high blood pressure on your disability application.

The reason for this is plain enough. The only way to ensure that your disability claim will receive the consideration it deserves will be to provide the social security administration with all the information it needs. And this includes a complete list of all your various conditions (whether they are physical or mental) as well as a complete list of all your treatment sources.

What is a disabling condition, or what is a disability, according to the social security administration? Simply any physical or mental impairment that satisfies the agency's definition of disability. To learn more about how SSA defines disability, you may wish to view this page: The Social Security definition of Disability






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










Disability in the Various States:

Texas Disability
California Disability
Tennessee Disability
Ohio Disability

Social Security Disability and the lack of disability judges

I previously cited some statistics regarding average social security disability case processing times for the cities of Charleston, columbia, and Greenville, South Carolina. Those statistics were found in an article published by the Charleston Regional Business Journal. In that same article, however, were some fairly interesting statistics, drawn from a social security advisory board report, that illustrate just how badly staffed the social security administration is compared to even prior years.

It is no mystery, of course, that SSA is failing to put enough manpower into the disability system to adequately keep up with disability case processing, with the result being that individuals and families are increasingly being put through the equivalent of a financial meat grinder. In fact, currently, only one out of eight employees who quit or retire are actually being replaced.

But this phenomenon is not limited to social security field offices (where you go to apply for disability). According to the SSAB report, in the year 1999 there were 1,090 disability judges responsible for 311,958 social security disability and SSI cases at the hearing level. In the year 2005, the number of hearing level cases had mushroomed to 711,284...and the number of available administrative law judges was 1,096, only six more.

Politicians may talk about the need to reform the system and to give americans with disabilities a break. But, in the end, without committing themselves to increased funding for SSA so that additional judges, hearing office staff, and social security field office staff can be hired, its only talk.






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











Other Posts:
How to apply for SSI benefits
Disability appeals
Disability denied

Friday, July 20, 2007

Outlook for SSA and disability case processing grim

The article linked at the bottom of the page is, of course, fairly depressing. Here are some of the main informational points expressed.

1. It now takes, on average, about 523 days for a disability hearing decision.

2. There are 78 million baby boomers, the first group of which will be applying for retirement benefits next year. This will place an additional strain on the social security administration.

3. The social security administration, from fiscal year 2006 to fiscal year 2007, will lose about four thousand positions. 2500 of these lost positions will be field office positions. SSA will also be left at its lowest staffing levels since the 1970s.

4. The social security administration has been consistently underfunded and since 2001 actual funding has fallen, on average , about 150 million short of actual budget requests.






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


SSA needs more funds to keep up with workload












Other Posts:
How to apply for SSI benefits
Disability appeals
Disability denied

Not everyone who files for disability will need a lawyer

As the webpage linked below indicates (just a short "letter to the editor" detailing one person's account of being approved for disability), not everyone who files for disability will need a lawyer. This one particular individual was fairly lucky and her case certainly falls into the minority.

As she describes her situation, she applied for disability benefits (social security disability or SSI) and was approved within three months at the initial claim level.

This actually happens for roughly 30 percent of all individuals filing for disability. And for applicants lucky enough to fall into this percentage, the disability evaluation process is easier, by many orders of magnitude, than it is for others. Because the flip side of the coin is that 70 percent of all applicants will not be approved for disability on their initial claim and will, instead, be forced to go through the disability appeals process. And this process, unfortunately, can go on for many months, resulting in financial devastation for most disability benefit applicants.






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


Social Security applicant doesn't always need lawyer













Other Posts:
How to apply for SSI benefits
Disability appeals
Disability denied

Social Security Definition of Disability

How does the social security administration define disability? It might surprise some individuals to learn just how specific the social security definition of disability really is.

The SSA definition of disability is generally recited as follows: an individual who is filing for either social security disability or SSI disability will be found to be disabled if the determination is made, by a disability examiner or a disability judge, that they have been unable to engage in substantial gainful work activity due to a medical condition (physical or mental in nature) that has either lasted 12 months, or can be projected to last at least 12 months.

This definition is certainly obtuse, but this is essentially what it means. To be approved for either social security disability or SSI, you must have ----

1. A condition that lasts at least 12 months (you do not have to disabled for 12 months BEFORE you apply for disability as long as the medical evidence shows that your condition WILL LAST for at least 12 months).

2. A condition that is severe enough to keep you from working entirely OR is severe enough to keep you from working and earning at least at least the SGA (substantial gainful activity) amount for a given year (to see the current amount, go to this page on substantial gainful activity).






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


Qualifying for disability and the definition of disability used by SSA
Social Security Definition of disability
What is the definition of disability used by Social Security for a child?

Thursday, July 19, 2007

Welfare Fraud is a Class C Felony

Every once in a while you come across news articles regarding benefit fraud. The article linked below is one such article and it describes the story of a minister in Indiana who failed to report income to the Social Security Administration. Reverend Rochelle did not report his annual income of about $15000 to SSA and, apparently, this constitutes welfare fraud, which is a felony offense. His future social security disability checks will be garnished, though the article does not mention the percentage of his monthly disability benefit that will be taken for the garnishment.






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




Failing to report income while you receive social security disability may be judged to be a felony













Other Posts:
How to apply for SSI benefits
Disability appeals
Disability denied

Who knows more about Social Security Disability

I recently had a conversation with another individual who was once affiliated with the social security disability system and the question came up -- Who knows more about social security disability? Lawyers? Disability examiners? Social Security field office claims reps? In actuality, there's no easy answer to such a question.

Disability Lawyers, as opposed to disability examiners and claims reps, typically know much more about the hearing process, particularly when it comes to the nuts and bolts operation of the disability hearing offices with which they must deal on a routine basis. And when it comes to filing a disability appeal beyond the ALJ (administrative law judge) level, lawyers have substantially more knowledge, simply because CRs (claims reps) have little to do with these appeal steps and examiners have nothing to do with these appeal steps.

When it comes to the medical processing end of an application for social security disability or SSI, of course, a disability lawyer or a social security claims rep will have scant knowledge of the way things work. But this is what most disability examiners do on a daily basis (order medical records, review them, consult with unit psychologists and medical doctors, make functional capacity assessments, and make decisions on cases). And without ever having done the job, neither a lawyer nor a claims rep would ever have the ability to understand how cases are really developed at a DDS (disability determination services).

By and large, disability examiners probably know the most about disability case development at the initial claim and reconsideration levels. At the hearing level, lawyers and non attorney claimant's representatives have the advantage.

However, when it comes to the area of how a social security disability or SSI claim gets started in the first place, no one knows as much as a claims rep. After all, these individuals are the ones who take applications, interview disability claimants for the first time, and, in the case of SSI, have to research issues regarding income and resources.






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











Other Posts:
How to apply for SSI benefits
Disability appeals
Disability denied

Colon Cancer, Inflammatory bowel disease, and getting the right diagnosis

I was recently informed of a sad and unfortunate occurrence. The wife of an individual who works at a social security field office has passed away. She was, I believe, only in her early thirties. Her illness was colon cancer but, unfortunately, she received an early misdiagnosis of inflammatory bowel disease, which delayed the proper diagnosis, and treatment, of her condition.

Colon cancer, of course, is treatable if detected early, so one thing stuck in my mind upon hearing of her tragic death. If I ever get diagnosed with colitis, crohn's, or any sort of inflammatory bowel condition, I will insist on being tested for colon cancer. And if the doctor in question is not agreeable to this, I will simply seek another doctor. No ifs, ands, or buts.





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











Other Posts:
How to apply for SSI benefits
Disability appeals
Disability denied

Social Security Disability Criteria

There are two different types of Social Security Disability Criteria. The first involves your basic eligibility to file an application for SSD. To do this, you need simply to be insured for title 2 disability benefits, otherwise known as social security disability. How do you become insured? Through the taxes paid into the social security system as a result of your work activity (most commonly through payroll deductions).

Are some individuals not insured for social security disability? Yes, individuals who have not been in the work force for very long may not be insured. Also, individuals with large gaps in their work history (perhaps due to illness) may be in the position of having lost their insured status for social security disability. What happens if you are not insured for social security disability? In most cases, the social security office will simply take an SSI disability application on you (SSI disability covers individuals who are not eligible for SSD and who do not have assets in excess of two thousand dollars).

The second type of social security disability criteria has to do with whether or not a disability claimant can satisfy the social security administration's definition of disability. And to do this a person must must have a physical impairment or a mental impairment (or both) that ---

A. Is considered severe.

B. Lasts for at least twelve months, or can be projected, based on a review of the medical evidence, to last that long.

c. Prevents the disability claimant from working at one of their past jobs or from performing suitable "other work" as determined by their age, education, work skills, and physical and/or mental limitations.

In essence, if a disability examiner or disability judge reads a claimant's medical records and decides that the claimant's condition meets the minimum 12 month durational requirement and further determines that the claimant is incapable of going back to a past job or doing some suitable form of "other work", then their claim for social security disability or SSI disability will be approved.






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



Here is a list of pages from this blog that discuss the various aspects of social security disability criteria.

The criteria to file an application for social security disability or SSI
Decision criteria - how does social security decide cases?
Do you have to be totally permanently disabled to get disability?
Criteria for Qualifying for disability
Disability requirements and eligibility criteria
Who qualifies for disability?
Is it difficult to satisfy the criteria for qualifying for disability?

Wednesday, July 18, 2007

Diet Pepsi Max

Lately, a couple of things have changed about my routine. One, I've started drinking a new type of soda. I'm generally a committed diet pepsi drinker, simply because it's one of the few diet sodas that I don't find truly offensive (others, which will stay unnamed, are more akin to battery acid). And I drink diet soda because the amount of sugar in non diet drinks is truly dangerous in my honest opinion. It's no wonder that the number of individuals in this country with type II diabetes is skyrocketing.

Well, I decided to try a new one, or, rather, a variation of what I already drink. I tried Diet Pepsi Max. It's billed as an "invigorating cola" and that's probably appropriate if you consider the fact that each can contains 69mg of caffeine. How much caffeine is that? I had no clue so I decided to look up the caffeine content of a regular can of diet pepsi. Regular diet pepsi in a can contains 36mg of caffeine. That is a tremendous difference.

Now, here's the second that's changed in my daily routine. I'm finding that I'm having trouble sleeping. Not actually trouble falling sleep, but trouble getting back to sleep if I happen to wake up at any point in the night. Are the two related? Some would be inclined to naturally assume yes. However, I will test this out by switching back to regular diet pepsi to see if the trouble with resuming sleep goes away.






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











Other Posts:
How to apply for SSI benefits
Disability appeals
Disability denied

Social Social Security Disability, High Cholesterol, High Blood pressure and rewarding healthy behavior

If you've ever been an adjudicator for social security disability and SSI cases (in other words, a disability examiner or a disability judge), you've no doubt seen hundreds, if not thousands of initial claims for which high cholesterol and high blood pressure were cited as impairments. Both hypercholesterolemia and hypertension, of course, are strong risk factors for cardiovascular disease. And the unfortunate thing about them both is that they can be controlled far better than they are in many patients. And the sooner the better, particularly in the case of hypertension since high blood pressure levels, left unchecked, can eventually lead to renal (kidney) failure and can contribute to the incidence of heart attack and stroke.

The health insurance company, UnitedHealth, has apparently wised up to the fact that rewarding an individual for engaging in behavior that keeps high blood pressure and elevated cholesterol levels in check is cheaper than paying for an insured person's hospital stays later. This is how that realization has been addressed: workers who are on a UnitedHealth insurance plan, offered through an employer, can submit themselves for evaluation, on an annual basis, to see if they meet certain target goals in the areas of 1. blood pressure, 2. cholesterol, 3. smoking (do they smoke or not), and 4. body weight in comparison to height. By meeting these target goals, an insured individual or family can have their deductible substantially lowered.






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Can your state of residence affect your longevity?

I came across an interesting article in USA Today, which indicates the state you reside in does affect your longevity. The article indicated that the five lowest states listed on the annual health care report card have residents who are dying prematurely at twice the rate of the top five ranked states.

What defines premature death? According to The Commonwealth Fund report: Premature death is death prior to the age of seventy-five from conditions that should not have resulted in death had an individual received proper healthcare.

Apparently, the Commonwealth Fund gathers information from various government agencies including Medicare, the Census Bureau, and the Centers for Disease Control and Prevention, in an effort to rate each state's performance.

The top overall performing states are Hawaii, Vermont, New Hampshire, Iowa, and Maine, and the lowest healthcare report cards are for Kentucky, Nevada, Arkansas, Texas, and Mississippi, tied with Oklahoma, in last place.

What is the difference between, let’s say, Hawaii and Oklahoma? Hawaii has a law that mandates all employers to provide healthcare coverage to workers who work twenty hours or more. Therefore, Hawaii has eighty-seven percent of their adult population covered by insurance as well as ninety-four percent of their children. Now let’s compare that to Oklahoma. Oklahoma has no such law, and the state has significant restrictions on the availability of Medicaid to its uninsured residents.

It would be a great thing if the Federal government and state governments would get programs in place that could truly help all citizens of the United States, particularly those who have a disability, to have equal healthcare opportunities.






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How many veterans disability claims are backlogged?

According to a writer for navytimes.com, there are currently six hundred thousand veterans disability claims at the VA. However, four hundred thousand of these are considered to be backlogged claims.

In the same article, the writer, Rick Maze, mentions a fairly radical proposal to address veterans disability claims that has the interest of the Veteran's Affairs Committee in the U.S. House of Representatives. And here it is: To automatically pay an veteran's claim for benefits after only discerning that the claimant is, in fact, a veteran.

Who supports this? Obviously, certain members of this house committee. Who is against this? According to the article, the VA itself.

Now, let's analyze why politicians might support such a thing. And the answer is pandering. Sure, just pay any disability claim brought forward by a vet simply because he is a vet. Don't gather his or her medical records, don't review the records, and don't make any kind of medical determination as to the presence of a disability or address the extent to which the disability exists.

If this isn't pandering for votes, I don't know what is. Obviously, this is not a workable idea and the VA knows it. And, to be sure, these politicians know it too. So, why bother even floating this kind of idea. So they can later say, when they're campaigning for votes, that they supported this malarkey. Vets should be insulted at this type of pandering and condescension by politicians who are only thinking of furthering their "lifetime" political calling.

What disabled vets need is the same thing that social security disability claimants need. Fair consideration, full consideration, accurate consideration, and speedy consideration. And that usually means hiring more warm bodies to do the job of claim evaluation.

That's certainly true with Social security disability, and it would seem to be true with veterans claims as well.













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Tuesday, July 17, 2007

Federal Managers Association speaks up

Here are the key points of the article linked below:

1. The House appropriations committee has decided to earmark an additional 100 million for the SSA budget.

2. This amount is apparently 100 million more than the Bush administration's request for SSA and the new proposed budget amount of 9.7 billion is still 700 million short of the amount requested by the former commissioner of the Social Security Administration. The former COSS requested 10.4 billion for the agency's funding.

3. The additional 100 million in funding will, according to the government affairs director for the FCA, Jessica Klement, slow the growth of the social security disability and SSI disability case backlog, but will not do anything to help reduce it. Furthermore, this new funding level will only allow the social security administration to replace one of every four workers lost in the last three years.






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


More funding for Social Security Disability claim processing urged by Federal Managers Association














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New Jersey

I used to live in New Jersey, "back in the day" as they say, when I was just a child. This was back in the sixties if you're curious. I have no clue, of course, what jersey was like then. However, I'd be surprised if it resembled the "current jersey" in these two respects.

1. New Jersey has some of the most expensive housing in the nation.

2. New Jersey has THE highest property taxes in the country, per capita.

Unfortunately, as I understand it, one of the side effects of a rising residential real estate market is that rental prices go up. Given that, it's not really a mystery that some low income families are actually seeking refuge in the neighboring state of Pennsylvania.











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Beyond the bubble

I came across some interesting information on the rise in web, or internet, stocks. Internet stocks are definitely up from where they were previously were. And, without a doubt (at least in my own mind) this is due to several factors.

1. Social bookmarking sites (digg, facebook, myspace, youtube, etc) have re-invigorated the web and given it more usability. In other words, the web is no longer about ebay, online news, and catching the latest virus through some unmentionable web destination.

2. Monetization. Ad programs, such as the one offered by google, have allowed existing websites to actually make money from their content and have also given would-be webmasters a reason for diving into web content creation.

These two factors don't account for the rise in net stocks. However, they do fuel a buzz and a certain level of user activity that has a bleed-over, or, dare I use the phrase, a "trickle down" effect.

However, net stocks are still not back to where they once were. The rise in the top stocks this year, according to one source, is less than what some individual stocks did in a single day...way back before the bubble burst.











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How to Claim Disability Benefits from the Social Security Administration

Each year, the Social Security Administration receives hundreds of thousands of new applications for disability benefits. These disability applications are taken in two separate programs. The first program, of course, is social security disability which provides benefits to individuals who have become insured as a result of their work earnings. Individuals who are approved for social security disability are also eligible to receive medicare benefits.

The second program under which disabled individuals may apply for disability benefits is the SSI program. SSI stands for supplemental security income and it is available to individuals who are not insured for social security disability. In most states, individuals who are approved for SSI disability also receive medicaid benefits.

If you become disabled and unable to work and support yourself, how do you claim disability benefits from the social security administration? Simply by contacting your nearest social security office and stating your desire to file a claim for disability. After doing this, you will be given an appointment for an interview to be conducted in person or over the phone. After the completion of this interview and the necessary forms, your social security disability or SSI disability claim will be assigned to a disability examiner who will evaluate your medical records for the purpose of approving or denying your claim.

Because any decision made on your disability claim will be based on a review of your medical records, you should do the following:

1. When you submit your disability application to social security, be sure to include the names of all the doctors from whom you have received medical treatment. Try also to include contact information such as addresses and phone numbers. Also try to include dates of treatment.

2. Remember to disclose all the medical or mental conditions for which you have received a diagnosis.

3. Indicate on the disability application any special exams or testing you have had, including imaging studies such as CT scans, Xrays, and MRIs.

4. If you have any statements from your doctors, submit these with your disability application. By the same token, if you have any medical records in your possession, submit these with your disability application. But, in either case, remember to make a copy of what you submit for your own personal records. This also serves the purpose of having a "backup copy" in the event that the social security administration does not receive what you send them.

How long will it take to receive an answer on your social security disability or SSI application? In most cases, a decision will be made within 90-120 days. However, decisions can take significantly longer. If you have a disability lawyer assisting you on your case, you may wish to have them periodically check the status of your disability claim.

How likely is it that your disability claim will be denied? National statistics indicate that seventy percent of initial claims for SSD and SSI benefits are denied. For this reason, you will probably need to consider filing an appeal for your disability claim and you may wish to consider the issue of representation through a qualified disability lawyer.






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Appeal for Disability

Filing an appeal for disability is actually easier than filing an initial claim (in other words, an application) for disability. Filing an initial claim involves A. contacting a social security office, B. setting up a time to be interviewed, and C. submitting a disability application.

Doing an appeal for disability is less cumbersome and less complicated. If you file for either social security disability or SSI disability and receive a denial of the disability claim, you should do the following:

1. Immediately contact the social security administration to request an appeal. You can do this by calling the social security office where you filed your initial disability application. If you have a disability attorney working on your case, you can contact your attorney's office to have them request the appeal for disability. However, even if you have representation, it is still a good idea to contact SSA yourself simply to get the disability appeal request on record.

2. After you receive the disability appeal forms, complete them and be sure to include updated information regarding your most recent medical treatment, including dates of treatment, the names of your medical providers, and their contact information (addresses and phone numbers). If you have received a new diagnosis, be sure to indicate this on the appeal paperwork. If you have been seen by a new medical treatment provider (a doctor, hospital, or clinic), be sure to indicate this, as well, on the appeal paperwork. Of course, if you have a disability attorney, you will simply provide this information to your attorney who will then submit the appeal to the social security administration.

How long will it take to get an answer on your appeal for disability? The answer to this question varies and depends, to some extent, on the level your claim is at.

If your appeal is at the reconsideration level (known in some states as the disability review level), then you may actually receive an answer on your appeal for disability sooner than you received an answer for your initial claim. Typically, a decision on a reconsideration or review will be received within 90 to 120 days, though, in some cases, a decision may be received in just a few weeks.

If your disability appeal is at the hearing level, then the amount of time required will be substantially longer. After a request for a disability hearing (to be held before an administrative law judge) has been submitted to the social security administration, it may take, depending on your state of residence, 12-24 months to actually receive a hearing date. This is due to the fact that tremendous backlogs exist in the hearing scheduling system. And, unfortunately, even after a disability hearing date has been held, it may still take a number of weeks to receive a decision from an administrative law judge.






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






Appeals for disability - the social security disability appeals process
How many social security disability appeals do you get?
Appealing a denial of Social Security Disability Benefits when the denial is non-medical
Disability appeal resource pages
To appeal a denied social security disability claim
Submitting a social security disability appeal on time
Should you appeal a social security disability denial if you are improving ?
How do I file an appeal for disability on SSI?
Appeal for disability - the deadline to file an appeal
How many people do not file an appeal for disability?
What are the chances of winning an appeal for disability ?

Monday, July 16, 2007

One third of young workers will become disabled before Social Security Retirement hits

According a recent New York Times article, one out of three twenty-year-old workers will become disabled before they arrive at the age of sixty-seven. This statistic actually comes courtesy of the social security administration. This is certainly sobering news for younger workers who, most likely, have not seriously considered the possibility that an injury or illness might seriously preclude their ability to work and support themselves.

Compounding this statistic is another statistic that comes courtesy of Met Life: forty-two percent of workers do not have disability insurance, either short-term disability or long term disability insurance.

This, of course, is not surprising. Most individuals who are not offered disability insurance through their employer will not give serious consideration to obtaining a private disability insurance policy. However, doing so may be a very wise decision as long term disability insurance will usually replace between half to eighty percent of a workers lost salary (typically, the amount is two-thirds, or 66 percent), and short term disability insurance will typically cover a worker's lost salary while they wait for their ltd benefits to "kick in".






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Social Security Disability Charleston South Carolina, Columbia, and Greenville

How long does it take to process a claim for social security disability benefits in Charleston, South Carolina? According to an article that ran in the Charleston Regional Business Journal (written by Dennis Quick), the average amount of time required for processing social security disability claims was a hefty five hundred and seven days. However, the processing time in Columbia, South Carolina and Greenville, South Carolina was greater. In Columbia, the average time for a social security disability case was 524 days and in Greenville, South Carolina, the average processing time for an SSD case was 594 days.






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Social Security Disability Decisions - Quick decisions

According to a social security administration press release, the current commissioner of the social security administration intends to extend the "quick disability decisions process" to all states. Currently, the QDD decisions process is confined to the SSA boston region, which is comprised of the new england states.

QDD itself is an interesting concept. According to the release, a "predictive model" attempts to analyze parts of a social security disability claimant's disability application for the purpose of identifying whether or not the claimant is "more likely" to be disabled. If so, the claim is to be processed by an examiner in a QDD unit, hopefully with the end result being that the case is processed more quickly.

Does the quick disability decisions process work? According to the commissioner, ninety-seven percent of the social security disability and SSI disability cases that have been selected for quick decision processing have been decided in 21 days. And the average time for disability decisions on cases has been eleven days.

If you applying for social security disability or SSI, will your case be selected for a quick decision? Unfortunately, the odds are against most claimants. So far, in the areas tested, only about three percent of all disability cases have been selected for "quick decisions" processing.






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Sunday, July 15, 2007

Brawn over brain? Sometimes.

The article linked below is sort of humorous. But I'm not sure that I would attempt to dispute the information and it may only be "natural" that younger women would select brawnier men when it comes to selecting short-term mates. This is actually fairly reminiscent of a book titled "The evolution of desire" by...well, I guess it's been so long now that I can't remember the author's name. However, if you do a search for the book by its title, you'll come up with it.

Anyway, The evolution of desire essentially said the same thing which was this: when it comes to selecting short-term mates, the requirements are this and when it comes to selecting long-term mates, the requirements are that. Of course, these sorts of articles and books tend to generate inflammatory reactions from people, possibly because they point to certain aspects of human behavior and tendencies.

Earning potential versus muscles






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If I get approved for Social Security Disability, how much will I get?

Unlike SSI disability, which provides for a maximum monthly benefit amount, the benefit amount a social security disability recipient may receive is based on their earnings record. In other words, there is no set amount.

However, according to Chuck Stovall of the online publication, Frost Illustrated, the average monthly social security disability benefit is $979.

Does the benefit amount increase over time? Yes, individuals who receive SSD benefits will typically receive an annual COLA, or cost of living adjustment, since SSD benefits are tied to increases in the CPI, or consumer price index.






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What is the definition of disability used by Social Security for a child?

The social security administration uses a specific definition of disability for adults and the definition hinges on A. duration (a disabling condition must exist for 12 months or be projected to last that long) and B. the inability of an applicant for social security disability benefits to engage in work activity that provides earnings that are at least equal to the SGA, or substantial gainful activity, amount.

The definition of disability used by the social security administration for children's cases is different. The durational requirement is the same. To be found disabled, a child must have a disabling condition (a severe impairment, physical or mental in nature, or several impairments, physical or mental in nature) that has lasted for a year or longer or can be expected to last that long.

However, whether or not a child claimant's condition is disabling is determined by the existence of marked and severe functional limitations.

How are the functional limitations for a child disability case determined (child cases, it should be mentioned are not social security disability cases, but, rather, SSI disability cases)?

They are determined in the same manner as the limitations for an adult. That is, the claimant's records are gathered, read, and evaluated. In the case of a child, however, the records that are gathered are not limited to medical records, but often include (particularly if the alleged impairment is of a mental nature) school grade reports, IQ and achievement testing reports, IEPs, and questionaires that have been completed by a child's teachers.





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Friday, July 13, 2007

Social Security Disability and the Summer Energy Assistance Program

One post back, I mentioned the LIHEAP program that offers heating assistance for low income families and the fact that the LIHEAP program now has an add-on called SEAP - the summer energy assistance program that offers energy assistance to a number of people, including individuals who have applied for social security disability.

Coincidentally enough, I just came across an article titled "As weather heats up, utilities turn off power of those behind on bills".

Apparently, the National Energy Assistance Director's Association (NEADA) has determined that more and more individuals are falling behind on their utility bills and are in danger of having their power shutoff during the hot summer. The article also states that federal funding has been reduced, so I may have to revise my earlier statements. There is, obviously, a SEAP program. However, it may not be implemented in all states or the funding levels may be inadequate in certain states.






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Social Security Disability and Utility bills (help for utilities may be possible)

I've actually come across this question before. "If I get approved for social security disability, can I get help with my electricity bill or utility bills.".

Answer: the social security administration does not provide assistance for heating, cooling, or, in general, electricity bills.

However, there is a federal program that is available to provide this type of assistance for utilities. The program is called LIHEAP (usually pronounced "lee-hap"). I was familiar with the LIHEAP program back when I was a food stamp caseworker (this was before I became a medicaid caseworker and before I became a social security disability claims examiner).

And at the time, I generally thought of the LIHEAP program in terms of heating assistance. However, there is something called the LIHEAP summer energy assistance program and this program provides assistance to households that include senior citizens and individuals with disabilities.

If you receive social security disability benefits or have a pending case, you may be eligible for summer assistance under this program.

To find out more, it might be useful to contact a local department of social services and possibly speak with an adult services social worker.






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Social Security Disability Claims filed

According to a blog written by one attorney who specializes in the representation of social security disability and ssi cases, more than two thousand and six hundred new disability claims are filed with the various offices of the social security administration each day. I wonder where the attorney got that number, though, since, if you do the math, that comes out to less than a million new cases a year. From what I understand, SSA receives about two and a half new million disability cases each year.

The number of social security disability claims filed is large, no doubt. However it would be manageable if SSA would simply take steps to ensure that the agency had enough manpower available to do the job. This would, of course, mean a significant push for hiring more CRs (claims reps, the people who take and process retirement and disability claims in social security offices) and SRs (service reps, the individuals who provide support for claims reps, handle the phones, and work the front window). And this would also mean having a social security administration commissioner who would find the issue important enough to press with the white house and with congress. However, as SSA commissioners are political appointees, that's not likely to happen, unfortunately.






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SSI Disability Benefits

The Social Security Administration offers two separate disability benefit programs. The first is covered under title II of the social security act and is known as social security disability. Often, social security disability is referred to as SSD, SSDI (social security disability insurance), RSDI (retirement survivors disability insurance), and DIB (disability insuance benefits). An application for Social security disability may be taken on anyone who has paid enough into the system to be considered "insured". And, in this sense, SSD is very much like other types of insurance because when a person stops paying into the system (through the deductions on their paychecks), their coverage for social security disability will eventually stop at some point. For a person who was previously insured for SSD but has stopped working, the point at which they will no longer be covered for social security disability is known as a DLI, or date last insured.

What happens if your coverage for social security disability runs out? That is where SSI disability steps in. SSI is short for supplemental security income. The SSI program provides disability benefits for individuals who were A. never insured for social security disability, B. used to be insured for social security disability but lost their coverage, and C. children.

Is applying for SSI disability benefits different than applying for SSD? No, the process is identical and the social security office will determine whether your disability application will be for SSD or SSI when you go to apply. Likewise, filing an appeal for SSI (if your claim gets turned down) is also identical in every way.

For both SSD and SSI disability, if your case is denied, you are given sixty days to file an appeal and this is always the preferred route (versus starting over with a new application). Also, with both SSD and SSI disability an individual is allowed to find representation at any point in the process, while the claim is pending or after it has been denied. Fortunately, disability lawyers offer free consultations regarding their services and no fees are charged upfront (a disability lawyer is paid 25% of a person's backpay only after a case has been won).






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



SSI appeal
The SSI Application for Disability
SSI: Describing your work
The cost to hire an SSI attorney?
SSD and SSI Backpay - Are they different?
Will my child receive benefits if I am awarded for SSI?
SSI Claim
To get approved for SSI
The status on an SSI case
Who qualifies for disability - SSI and SSD
Why does it take so long to get a decision for SSI or SSD?
When should you get an attorney for SSI?
What do you do if you get denied for SSI?
What is the difference between Social Security Disability and SSI Disability ?
What is the decision making process on an SSI disability case?

Social Security, Disability, SSA, and furloughs

A few months back, the then-commissioner of the social security administration, Joanne Barnhart, indicated the possibility of furloughing social security administration employees for several days due to budgetary concerns. When this occurred, a fair amount of commentary resulted, some of it scoffing at the mere idea that SSA could conceivably do such a thing. Impossible. Unlikely.

Well, it may be unlikely for the present. But it's not impossible. In the state of Pennsylvania, state workers were furloughed over a budget impasse. According to the governor's office, pennsylvania state employees lost three and a half million dollars in wages.

Will SSA ever furlough its workers? Not likely, of course. Social security retirement has been referred to as the third rail of politics and I doubt any Senator or Congressman wants to deal too heavily with any situation that angers the growing segment of the population that could be labeled "senior".






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


Disability Backpay
Trial Work Period for Social Security Disability
Garnishing Social Security Disability Benefits
Can you receive Medicaid even if your SSI disability is stopped?
A failure to plan
Appealing a denial of Disability
Appealing a denial of Disability Benefits when the denial is non-medical
What happens when a sdisability claim gets denied?
A good source of resource links
Does the Federal Government have an incentive for stopping your Social Security Disability or SSI Disability?
Fraudulently receiving Social Security Benefits
Qualifying for Disability
Defrauding American Workers out of Jobs
Virtual Hold to be used at SSA
How many disability cases are pending with the Social Security Administration?
What is an Extended Period of Eligibility for Social Security Disability ?
Social Security Disability and Medical Benefits from Medicare
More bad news for Detroit
Woman with a disability denied service multiple times at McDonald's
Illegal Immigrants and the Social Security Trust Fund
Social Security Program due to go into deficit mode by 2017
Disability Attorneys and Firms that advertise nationally
Social Security Disability Hearing
Appeals Disability
Disability Statistics from abroad
Missing Social Security Disability, SSI, and retirement checks
Chemicals, Scents, Disability, and Discrimination
Disability Hearing
Disability Applications (SSD and SSI)
Legislation to simplify veterans benefits introduced
Declining Social Security Administration Workforce
Social Security Disability Benefits approved
Fraudulently receiving social security benefits
Disability Attorneys - Questions about using a disability attorney
Fake water?
U.S. Census Disability Census data
A Traumatic Brain Injury survivor

Thursday, July 12, 2007

A Traumatic Brain Injury survivor

I recently found a very interesting blog, authored by a TBI, or traumatic brain injury, survivor named Craig Phillips (who apparently has had some experience with the social security disability system). I would definitely recommend this site to anyone who would like to learn more about TBI from a first person perspective, particularly if they have suffered a brain injury themselves or know someone, a friend or a relative, who has.

After reading several of Craig's posts, I can certainly say that his blog offers some very interesting insights into what it's like to be in the position of recovering from a TBI and and adapting and adjusting to such a situation. And it doesn't hurt, of course, that his blog is well-written and delivers a great deal of information, in addition to personal reflections on his condition.

Second Chance to live - a Traumatic brain injury survivor's blog






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U.S. Census Disability Census data

I came across a page on the Rolling rains report and some statistical information that was posted and derived from a fact sheet on disabilities compiled by the census bureau. This was completed by this federal agency in recognition of the seventh anniversary of the ADA.

Apparently eighteen percent of the general U.S. population has some form of disability to some degree. This translates, based on current population numbers to 51.2 million individuals with disabilities.

For the non-adult population, eleven percent of children who fall into the age range of six to fourteen have a disability. And, again, based on current population numbers, this comes out to four million children.






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Fake water?

According to the linked Associated Press article below, half of the water coolers in Beijing may be serving up fake branded water. Counterfeit water? That's a new one. However, is it really surprising when the story emanates from China, the same country that has been connected to the following stories: tainted pet food, bad toothpaste, suspicious seafood, etc?

This reminds me of a recent story I read concerning the Chrysler group partnering up with a chinese auto manufacturer for the purpose of bringing cheap (cheaply priced, cheaply made) autos into the U.S. to be sold under a Chrysler badge. I really can't think of anything stupider for the Chrysler group to do. Yes, chinese imports sold under a chrysler or dodge name may fool some people into buying them, due to the deceptive naming and the very low price (these autos are being targeted for a price point of about eight thousand). But it will be a different ball game when the safety issues begin to surface. Over and over, its been clearly demonstrated that consumer safety and protection is not that big a concern for the PRC.

Fake water






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Disability Attorneys - Questions about using a Social Security Disability Attorney

Disability attorneys fall into several categories. Generally speaking, there are social security disability attorneys who handle workers compensation claims, disability attorneys who handle long term disability claims, and disability attorneys who handle social security disability and SSI disability claims.

Social Security disability attorneys provide representation on social security administration disability cases at all levels of the process. This means that a claimant can choose a disability attorney after a claim has been denied, before a claim has been denied, and even before a claim has been filed (however, if you desire representation prior to filing the disability claim, the attorney will not be able to submit an "appointment of representative form" until after the disability application has been initiated and put on file with the social security administration).

Individuals with pending disability claims (Social security disability or SSI) and individuals who have only gotten to the point of thinking of whether or not to apply for disability usually have a number of questions regarding disability attorneys and here are just a few:

1. When am I allowed to get an attorney for my disability case?

As was mentioned, a disability attorney can be used at any point in the process. Many claimants will choose to seek an attorney after a denial has been issued, though some will look into the issue of representation much sooner.

2. Will an attorney make things easier for me when I am filing for disability?

Very often, this is the case. As soon as the social security administration becomes aware of the fact that you are represented by a disability attorney, they will begin to send copies of everything they send you to the attorney also. This not only keeps the attorney up-to-date on the disability case, but allows the attorney to get your appeal paperwork filed quickly. This, of course, can eliminate the possibility of missing crucial disability appeal deadlines and remove a significant amount of worry from a claimant. Additionally, once SSA is put on notice that you have a disability attorney, they will contact your attorney to seek permission before directly contacting you. This is put in place to actually protect your interests, though, in most cases, there is no harm in you being contacted by someone at the social security administration with regard to an SSD or SSI claim.

3. Can you change disability attorneys?

If you obtain representation from a disability attorney and later decide, for whatever reason, that you would like to switch to a different attorney, you are allowed to do this. The social security administration, in a practical sense, is only concerned with whoever you have chosen to represent you and who your most recently submitted "appointment of representative form" indicates this to be. In short, you can change attorneys whenever you like. It's your choice.


4. How much is a disability attorney paid?

Disability attorneys are not paid upfront. They are paid 25 percent of whatever backpay the social security administration decides that it owes you after the disability case has been won. Unlike other types of cases where attorneys are used, this makes representation for social security disability and SSI very different because it means that anyone can afford to be represented. To reiterate, a disability attorney is only paid if they win your case.


5. Will a disability attorney give me a better chance of winning disability benefits?

Disability attorneys can make a substantial difference in several ways. They can keep you from missing important deadlines, they can make sure that the right records are submitted to social security, they can work to obtain valuable statements from your physicians in support of your case, and they can successfully argue that your case should be approved, based on a knowledge of your work history, medical history, and the various rules that apply to your disability case. Statistically, at disability hearings, about 40 percent of individuals who are not represented win their disability cases, while 60 percent of claimants who have a disability attorney win their cases. This means that having a disability attorney will give you a fifty percent greater chance of winning disability benefits.






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




How affordable are disability attorneys - can I afford one?
Choosing social security disability attorneys
Do disability attorneys improve the chance of winning disability benefits?
The cost for hiring disability attorneys
Disability attorneys and representation
Disability attorneys - what you should know
Why do disability attorneys sometimes not take cases?
Finding disability attorneys
Disability attorneys - should you get one before you get denied?
Disability attorneys and what claimants are paying for when they hire one
Can disability attorneys assist you in the goal of winning your claim
Disability attorneys versus disability representatives
Discussing Social Security Disability in forums - Disability attorneys

Monday, July 09, 2007

Fraudulently receiving social security benefits

What's the worst that can happen to an individual who decides to fraudulently receive social security retirement or social security disability benefits? According to the article linked below, quite a bit can happen.

A thirty-nine year old woman named Jennifer Jones Peach Gimbel received a federal prison sentence of 21 months for collecting her dead husband's social security benefits. After Ms. Gimbel is done serving her nearly two year federal prison term, she will still be subject to 3 years supervised release.

Cheating the federal government is no small matter and this applies to the fraudulent receipt of social security and social security disability benefits as well.

SSA scheme






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











Other Posts:
File for Disability hearing
File for Disability
How to get approved for SSI

Social Security Disability Benefits approved

The link to the thread below is from Neurotalk and I thought I'd post it because one of the forum's members, dawn3063, was approved with a fully favorable decision on her disability (social security disability or SSI, I'm not sure which).

If you're looking for a good place on the web to communicate with other individuals who have filed for SSD or SSI and are looking for advice, firsthand accounts of other people's experiences with the disability system, or simply want to share the information you have as a result of your experience, I'd say that this forum is definitely one of your better bets.

Social Security Disability Benefits approved






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











Other Posts:
File for Disability hearing
File for Disability
How to get approved for SSI

Declining Social Security Administration Workforce

I've commented on this blog a great many times about the mindless approach that the social security administration takes to staffing its various offices. In brief, by refusing to replace workers lost to attrition (quits and retirements) the agency is allowing itself to slowly disintegrate.

Attorney Charles Hall has managed to come up with statistics that document the shrinking nature of the SSA workforce. As he states, the social security administration has lost roughly seven percent of its workforce in the last two years. And this has occurred at a time when the pressures on the agency (more retirement claims, more social security disability claims) have escalated.

To view the statistics: Shrinking SSA workforce






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











Other Posts:
File for Disability hearing
File for Disability
How to get approved for SSI

Legislation to simplify veterans benefits introduced

There's currently a bill in Congress, the proclaimed intent of which is to streamline the process in which disabled war vets may be awarded disability benefits from the social security administration.

As one spokesperson for a prominent congressman stated (paraphrased), if the veterans administration finds you 100% disabled, the social security administration needs to agree with that and speed up the process on their end.

The only thing is, the social security administration uses a very specific definition of disability that is not used by any government agency or NGO, aside from SSA itself.

And there is also the fact that there are already hundreds of thousands of disability claims backlogged in the social security disability system, and, correspondingly, hundreds of thousands of individuals and families who are desperately waiting on cases to be adjudicated while, at the same time, many of them are being forced into foreclosure and bankruptcy.

It's a pity that your average politician does not find any expediency in championing these individual's cases as well.






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











Other Posts:
File for Disability hearing
File for Disability
How to get approved for SSI

Disability Applications (SSD and SSI)

If an illness or injury (of a physical or mental nature) is impairing your ability to work and earn what the social security administration refers to as a substantial and gainful income, then you may wish to consider filing for disability benefits.

Disability applications fall into two categories: social security disability and supplemental security income benefits, otherwise known as SSI disability.

Which benefit you will be eligible for will depend on whether you have paid enough into the social security system to be considered "insured".

Disability applications for individuals who are insured will be taken in the SSD (social security disability) program and individuals who have not worked enough to either become insured or stay insured (you can lose your insured status if you have large gaps in your work history) will be taken in the SSI program.

Are disability applications treated differently in the two programs. No, they are not. In fact, both types of disability applications are indistinguishable in how they are processed. For both SSD and SSI, disability applications are taken at local social security offices and are then sent to state disability agencies (usually called DDS, or disability determination services) where medical records are gathered and evaluated for the purpose of rendering a decision on a disability claim.

When should you file for disability? Probably as soon as you feel your condition has become severe enough to affect your ability to support yourself. Should you seek representation for your disability case? Typically, most claimants would be advised to find representation at the point at which their case is heard by an administrative law judge at a disability hearing. However, most disability attorneys will usually offer free consultations to claimants who have been denied, have a pending claim, or are simply considering whether or not to file a disability claim with the social security administration.






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


Reasons to Apply for Disability
Applications for Disability - SSD and SSI applications
Will you be denied for social security disability the first time you apply ?
Applications for Disability - applying for benefits
How many times will you be denied for disability before you are approved?
Disability applications - how much information should you provide
SSI Applications for Disability Benefits
Does age make a difference on disability applications?
Disability Applications - resource pages
How many people win Disability Benefits from Social Security ?
How do I Apply for Disability Benefits - Notes on filing applications
Do individuals who are approved on disability applications get backpay?

Disability Hearing

The disability hearing is the 2nd appeal in the social security administration's disability appeal system. For claimants who have been denied benefits on an application for disability and who have also been denied on a reconsideration appeal (the first appeal for social security disability and SSI), the disability hearing typically represents the best chance for winning disability benefits.

Disability claimants who go to a disability hearing unrepresented typically stand about a 40% chance of being awarded disability benefits while claimants who go to a disability hearing represented (by an attorney or non-attorney representative) usually stand about a 60% chance of being awarded benefits.

Why are the odds of winning benefits better at a disability hearing? This is largely due to the fact that a disability hearing is characteristically different from any other step in the social security disability and SSI disability process. For example, the disability hearing is the only step in the social security disability process where a claimant actually gets to meet the person who decides the outcome of their case (in this case, the judge). The disability hearing is also the only stage of the process where a claimant's attorney can verbally present arguments as to why a claimant should be approved.

But, regardless of the various reasons as to why a disability hearing is inherently different from the initial application stage or first appeal stage (known as a reconsideration or review, depending on the state in which you live), historically, most claimants will have their best chance of winning benefits at the hearing level.

If you need to request a disability hearing or have one already scheduled, you may wish to consider finding representation in the form of an experienced disability attorney. If your request for a hearing has not been filed, of course, an attorney can do this for you, and can also periodically check the status of your disability hearing request.






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


Disability hearing - do you need a lawyer?
Disability Hearing - how long is the wait?
Disability Hearing - how long to get a hearing scheduled?
Getting ready for a disability hearing
How do you file for a disability hearing?
The purpose of the judge at a disability hearing
The disability hearing and the chances of winning
Hearings for disability - win rates and scheduling times

Sunday, July 08, 2007

Chemicals, Scents, Disability, and Discrimination

The article linked below is fairly interesting because it references two different issues that, in this one situation, are unfortunately in opposition.

Susan McBride, a worker for the city of Detroit, has filed a suit, the goal of which is to have work colleagues banned from wearing a particular perfume. Apparently, Ms. McBride has a hypersensitivity to certain scents, including various perfumes and detergent aromas. In her personal life, of course, she can avoid those scents that cause her to become ill. This is not so easy, however, when the triggering mechanism for her illness is a perfume worn by one of her coworkers.

So, on the one hand, you have the issue of a worker being intensely affected by a chemical substance that is being brought into the workplace by a coworker. And, on the other hand, you have the issue of the coworkers's right to wear whatever perfume she chooses. Both issues will be determined by the answer to one question: What level of accomodation in the workplace is reasonable for a worker with a disability?

Of course, a suit would not have been necessary in this case if one worker (the one wearing the offensive perfume) had simply decided to take into consideration the needs of her fellow coworker (Ms. McBride). But that is neither here nor there. To what extent should Ms. McBride be accomodated? In my opinion, fully. And here's why. A worker's right to wear a certain style of clothing, or hair, or jewelry, or perfume, should be inviolable when they're not at work. In other words, whatever you do at home or elsewhere is fine. Once you enter the workplace, the situation is different, i.e. you're not an island, and the needs of other workers should be taken into consideration. And this is particularly true when the wearing of a perfume can actually cause another worker to become ill, thus impairing their ability to remain at their job.

Is it a silly lawsuit? Not at all. But it is silly that it had to get that far.






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

Allergic US employee sues to ban perfume at work











Other Posts:
How to file for disability
Social Security Appeals Process
How to get approved for SSI
Qualifying for disability

Missing Social Security Disability, SSI, and retirement checks

According to the article linked below, there are 800 missing disability and retirement checks in the St. Louis, Missouri area. For individuals who are dependent on either type of benefit, and no doubt are tightly budgeted, this is certainly a big deal.

As stated in the story, social security administration officials are advising that individuals switch off from receiving paper checks to getting their social security disability and retirement benefit checks via direct deposit, which, in many cases, may not be a bad idea. Unfortunately, there are a few individuals for whom this will not be an option, due to past problems with checking accounts and the inability, as a result, to have any type of new banking account opened (checking or saving).






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


Missing Social Security Disability and SSI checks












Other Posts:
How to file for disability
Social Security Appeals Process
How to get approved for SSI
Qualifying for disability

Disability Statistics from abroad

Census statistics published by Ireland's Central Statistics Office show the following:

1. Approximately ten percent of the population has some form of disability.

2. The incidence of disability occurring in the general population, without regard to age, is higher among women versus men.

3. The incidence of disability occurring in the segment of the population that is age 14 and younger is much higher among boys versus girls.

4. Approximately two thirds of individuals with disabilities were age fifty or older.






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Other Posts:
How to file for disability
Social Security Appeals Process
How to get approved for SSI
Qualifying for disability

Appeals, Disability, and Social Security

There are actually several levels that comprise the appeal system for individuals who have been denied on a social security disability or SSI disability claim. Those levels are 1. the disability hearing before an administrative law judge, 2. the appeals council, which reviews denials made by disability judges, and 3. federal district court (for individuals who have been denied by a disability judge and have also been denied by the appeals council.

What are the most important things to keep in mind regarding disability appeals? Here's a short list that applies to all social security disability appeals and SSI appeals, regardless of the the level your claim is at.

1. All disability appeals must be received by the social security administration within sixty-five days of the date of your last denial. This does not mean that appeals must be submitted within sixty-five days, but, rather, that the social security administration must actually receive an appeal by the sixty-fifth day. If you receive a denial notice from the social security administration, you will notice that sixty days are given to submit appeals. However, claimants are also allowed an additional five days for mail time, giving all denied claimants a total of 65 days to submit their appeals.

2. When submitting appeals for disability, you should be sure to clearly indicate on the appeal forms your most recent medical treatment, including the names of the doctors and hospitals where you have been treated as well as the dates of treatment. By doing this, you can help to ensure that your SSD or SSI disability claim will be reviewed properly. Without doing this, the disability examiner or disability judge reviewing your claim may be unaware of medical treatment you've received and, as a consequence, those medical records may not be gathered or reviewed.

3. If you have a disability attorney assisting you on your case, allow this individual to submit the necessary appeals for your social security disability or SSI case. To faciliate this, you should contact your attorney whenever you receive a notice of denial from social security. And, for that matter, it would be best to contact your disability attorney whenever you receive correspondence from SSA. Why should you do this? For this reason: although the social security administration is required to send copies of all letters and notices to your disability lawyer, this doesn't always happen. So, whenever you receive correspondence regarding your case, you should contact your lawyer just in case they don't receive their copy of what SSA has sent you.

4. Disability appeals can take a very long time to process. In the case of reconsiderations (reconsiderations are the second step in the federal appeals system), it may take one to four months to receive a decision or, in some cases, longer than half a year. In the case of disability hearings, it can take much longer. Disability hearings can take 1-2 years to get scheduled and after a hearing has been held, it can take several months to receive a decision.

5. Disability appeals have different rates of approval depending on the level of the social security disability and SSI appeals system that your claim is currently at. Reconsiderations have a very high rate of denial (on average, about 85%), while disability hearings are won by at least half of all disability claimants.

6. If you are scheduled for a disability hearing before an administrative law judge, consider finding representation if you haven't already. Having a disability advocate or lawyer can significantly improve your chances of winning benefits at the hearing level.






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



Appeals - can you file an appeal for social security disability
The chances of winning disability on appeals
The deadline for disability appeals
Appeals for disability denials
Should disability appeals be filed when your condition is improving?
Appeals for disability are simple to file
Appeals for disability - how many claimants do not file them?
Tips on the disability appeals process
Disability Appeals for SSI
Disability Appeals resource pages
Disability Appeals - how many do you get?

Social Security Disability Hearing

For many individuals who file for benefits with the social security administration, the social security disability hearing represents the best chance of being awarded disability benefits. Here is a short list of answers to general questions about disability hearings.


1. At what point in the process do you ask for a social security disability hearing?

The request for a disability hearing before an administrative law judge is made after the disability reconsideration has been denied. The reconsideration is the first appeal that is available to disability claimants. The deadline to request a social security disability hearing is 60 days from the date of the denial of the reconsideration.

2. How do you request a social security disability hearing?

You simply contact the social security office and tell them that you would like to appeal the denial of your reconsideration and would like to file a request for a hearing. They will then send you the necessary paperwork. If you are represented by an attorney, the attorney will request the disability hearing for you.

3. How long does it take to get a social security disability hearing scheduled?

It really depends on where you live. Most social security disability hearing offices have backlogs and many have backlogs of several thousand cases. So, it may take many months to get a hearing scheduled. For this reason (the long wait), you need to prepare for your hearing and for most people this preparation will mean finding able representation.

4. Are you required to have an attorney for a social security disability hearing?

No, you are not required to have an attorney for a disability hearing. However, claimants who are represented at hearings by attorneys who are familiar with SSD and SSI disability rules and regulations typically stand a much greater chance of being approved for disability benefits versus claimants who show up at a hearing without representation.

5. Will an attorney improve your chances at a social security disability hearing?

Having an attorney can certainly increase the odds of winning at a hearing. Claimants who are not represented, of course, will generally have no idea what the impairment listing manual is, what the medical vocational grid is, what the SSA definition of disability entails, or how important it is to try to get supportive functional assessments from treating physicians. But disability attorneys and experienced non-attorney advocates do this on a daily basis for the clients they represent.

6. After a social security disability hearing is held, how long does it take to receive a decision?

A disability hearing decision can be received in as little as a few weeks following a hearing. However, how long it takes to get a decision letter really depends on how backed up a particular hearing office is. Decisional notices are actually put together by hearing office decision writers, not the judges themselves. And often these individuals are as backed up as everyone else in the system.






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



Social Security Disability Hearing, how long?
Do you need a lawyer for a social security disability hearing?
The judge at a social security disability hearing
How does social security decide if I am disabled?
Getting ready for a social security disability hearing
How long is the wait for a social security hearing for disability
Can I win at a social security disability hearing if I don't go to the doctor much?
How do you file for a hearing for social security disability?
Help from a congressman to speed up a social security disability hearing
Social security disability hearing - is it your best chance of being approved?
Social security disability hearing - your chances of winning at the hearing level
Social Security Disability Hearing tips
Social Security Disability SSI - How long does it take to get a hearing for disability ?
Winning benefits at a social security disability hearing
Hearings for social security disability

Friday, July 06, 2007

Disability Attorneys and Firms that advertise nationally

North Carolina Social Security Disability Attorney, Charles Hall, (a past president of Nosscr and the author of the website Social Security News as well as the book "Social Security Disability Practice") mentioned on one of his recent posts that James Sokolove is now advertising nationally for social security disability and SSI disability clients. He also wondered if any other firms or disability attorneys are doing the same.

Actually, Sokolove has been advertising for quite some time using the Google adwords program, and I wouldn't be surprised if he is also advertising on MSN and Yahoo as well.

Here are a few other websites/groups/firms/companies that are advertising for social security disability clients on a national basis.

1. Ultimate Disability Guide - Kazmierczak & Kazmierczak.

2. Social Security Disability Law Center - Brad Myler and Associates.

3. Disability Attorneys - Patrick K.B. Tracy, Esquire.

4. Disability Group - Attorney Ron Miller.

5. Social Security Law - also attorney Ron Miller.

6. Allsup - founded by former SSA employee Jim Allsup.





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Other Posts:
How to file for disability
Social Security Appeals Process
How to get approved for SSI
Qualifying for disability

Social Security Program due to go into deficit mode by 2017

I came across an interesting article on Bloomberg the other day and it was interesting for several statistics that it presented. One of them, surprisingly, got my attention much more than the others.

Statistic One - The social security program, according to the writer, will go broke, i.e. travel down the deep dark hole of deficits by the year 2017.

Statistic Two - The medicare program will go bust a little sooner, by the year 2013.

Statistic Three - Most Americans at age 50 have saved at least $100,000.

Guess which statistic surprised me the most. Number three. And I have to wonder if the author of the article is correct, on crack, or is counting home equity as savings.

If he's counting home equity, I can buy the notion that most Americans at 50 are worth a hundred thousand. But if he's talking liquid assets, then I don't know which country called the U.S.A. that he's referring to, because, we are not a nation of savers. And people in the U.S., at any age, with a liquid 100k (not home equity and not retirement accounts) are relatively few and far between.











Other Posts:
How to file for disability
Social Security Appeals Process
How to get approved for SSI
Qualifying for disability

Illegal Immigrants and the Social Security Trust Fund

I came across an article in the online publication, The Oregonian, that was fairly interesting. The title of the article was "Illegal to work, but not to pay taxes. Here are some of the more interesting factoids from the article.

1. Illegal immigrants pay as much as seven billion dollars into the social security trust fund each year.

2. These taxes are paid into the trust fund under false or stolen social security numbers.

3. Employers can easily check to see if a job applicant has a valid SSN. However, this is not required, so many do not check.

4. SSA tracks cases where names and social security numbers don't match. However, this information is not provided to immigration enforcement officials.

Here's something the article did not mention. When wages are posted to a social security account that belongs to someone whose social security number has been stolen, the individual whose social security number has been "hijacked" may end up being contacted by the IRS at some point to resolve the matter of wages earned, yet not declared on an income tax return.

It's really amazing, when you think of the ramifications as they affect citizens, that the social security administration does not provide this information to immigration enforcement.











Other Posts:
How to file for disability
Social Security Appeals Process
How to get approved for SSI
Qualifying for disability

Wednesday, July 04, 2007

Woman with a disability denied service multiple times at McDonald's

This really has to be one of the most amazing stories I've ever read of discrimination against an individual with a disability.

Dawn Larson, a woman born with Holt-Oram Syndrome (which results in shortened upper extremities) has successfully adapted to her condition by using her feet to grasp and move objects. However, on more than one occasion, when she attempted to collect her food at a McDonald's drivethrough, she was denied service. In each instance, she had already paid for her food and the McDonald's employee refused to hand the purchased food to Mrs. Larson, who would have used one of her feet to grab the bag. Reportedly, in each occurrence, the fast food employee acted in a manner that could be characterized as rude and disrespectful, not to mention illegal per the Americans with Disabilities act.

Mrs. Larson is seeking $50,000 for actual damages and one million in punitive damages, which seems well-deserved, given the nature of the incidents. The amount of the suit, of course, is substantially higher than the ten dollar gift certificate which a "thoughtful" (substitute "moronic") manager of this particular restaurant sent to Mrs. Larson in an apparent attempt to mollify her.

Illinois Woman Born With Tiny Arms Denied McDonald's Service for Using Feet





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Other Posts:
How to file for disability
Social Security Appeals Process
How to get approved for SSI
Qualifying for disability

Social Security Disability, Bankruptcy, and Foreclosure

A recent article on the site, CantonRep.com, pointed out the following:

1. Individuals in their thirties are 3 times more likely to develop a disability than they are to die.

2. Twenty percent of Americans, or one in five, will become disabled for at least a year, and perhaps longer, before they reach age sixty-five.

3. Half of all personal bankruptcy cases in the United States are due to the fallout from illness and resulting medical indebtedness.

4. Nearly half of all residential foreclosures happen as a result of lost income that occurs as a result of a period of disability.

Items three and four, of course, are the most troubling because they tend to "bite" at the myth that Americans are somehow covered by a safety net that will protect their interests in the event they become sick or injured and, consequently, are unable to work and earn a substantial gainful income.

In actuality, the safety net that exists (social security disability and SSI) is a poor one, so poor in fact that most individuals who have to file for disability are forced into pursuing a system of applications and appeals that can easily stretch out to 2 or 3 years in length. Given such a system, of course, it goes without saying that even when social security disability benefits are approved, they often arrive far too late to keep most disability claimants from falling over the edge and into a financial abyss.





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Other Posts:
How to file for disability
Social Security Appeals Process
How to get approved for SSI
Qualifying for disability

More bad news for Detroit

The article linked below has some fairly depressing news for U.S. auto manufacturers. Toyota, Honda, and Nissan all reported sales increases of at least ten percent (Nissan reported more than a twenty percent increase) while GM reported a sales decline in light vehicles of 21.3 percent and Ford reported a decline of 8.1 percent.

As the article states, consumers are shifting their buying behavior away from SUVs and trucks to cars and crossover vehicles (SUV-type vehicles built on car platforms). The only problem for Detroit is that most of the vehicles that consumers find acceptable are japanese, not american.

Quite frankly, U.S. automakers currently offer very few palatable choices based on reports regarding vehicle reliability and resale. The Ford Fusion, which seems to take some styling cues from Honda, is a notable exception and can be seen in fair numbers on the road. But, stacked up against a slew of competitors, such as the Honda Civic, Mazda 3, Toyota Corolla, and even the Hyundai Sonata, even the fusion does not stand out as being clearly superior in terms of cost, consumer satisfaction, or resale value. Hopefully, U.S. auto makers will learn "this time" to start making cars that appeal to the buying public but which are also economical..that is, assuming that they survive long enough to make the attempt.

Japan car makers lift US market share











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How to file for disability
Social Security Appeals Process
How to get approved for SSI
Qualifying for disability














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
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Social Security Disability Residual Functional Capacity Form
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Update on a Social Security Disability Application
Drawing Social Security Disability Benefits for a medical or mental condition
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Claim denials, denied cases, and being turned down
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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.