Illinois Social Security Disability Blog

Disability Benefits: Easy?

2012-01-30T17:56:00.000-08:00

Several claimants at a hearing office today were commenting how easy it was to get Social Security disability benefits. They had mentioned that they each knew of several friends and family members that were able to win disability benefits right away.

For those of you who share their opinion, I would like to share some statistics published annually by the Social Security Administration (SSA). The statistics can be found here.

Below are some of the approval rates at the beginning levels of the Social Security disability process:

1) In 2009, there were 963,484 total Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) decisions made at the application level. 244,524 of the claims were approved. This means that in 2009 the Administration approved approximately 25% of applications.

2) At the reconsideration level in 2009, there were 327,300 total appeals and 21,416 approvals. SSA only approved approximately 6.5% of all request for reconsideration filings.

Clearly, it is quite difficult to win a Social Security disability benefits claim. This is especially true for people who were denied and filed an appeal. Whether you are applying for SSDI or SSI benefits, the process should be taken seriously, which is why we strongly recommend seeking out legal representation from the beginning.

Confusing Social Security Disability Denials

2012-01-22T17:10:00.000-08:00

The overwhelming majority of applicants applying for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are denied benefits. In some cases, it is not in the best interest of the claimant to appeal the claim. Yet, the majority of the time claimants should follow through with an appeal. An appeal keeps the claim alive and pushes the case through the disability process. Almost all denial letters note that the claimant has 60 days to file an appeal. However, some denial letters are quite confusing.

My firm receives calls from clients and prospective clients on a weekly basis stating that they need disability benefits, but Social Security told them that they are ineligible. When I take a closer look at the denial letters, the very first sentence sometimes states, "Important Notice-You Are Not Eligible for Benefits." I can see why claimants give up. For someone unfamiliar with the system, that very first sentence makes it seem as though there is no hope to continue with the case. In general, that same sentence is often followed by several paragraphs discussing why the claim was denied and how to appeal. Usually, the Social Security Administration is not saying that a claimant cannot apply but that they simply do not believe the medical evidence demonstrates that the individual is unable to work and therefore entitled to Social Security disability benefits. Meanwhile, that very first sentence in the letter can be quite misleading.

If you were denied SSDI or SSI benefits, make sure to carefully read through the entire denial letter. Some claimants are disqualified for financial reasons. However, many claimants give up thinking that they are disqualified when they really do have an opportunity to continue with their case. Many claimants ultimately win their Social Security disability benefits despite being denied on multiple occasions.

Unemployment And Social Security Disability Claims

2012-01-21T07:22:00.000-08:00

Can I Get Unemployment Benefits While I Am Trying To Get Disability?

The question above has been more mainstream these days, with the economy struggling and people finding it difficult to obtain gainful employment. It has become so mainstream that The Wall Street Journal recently published an article on the issue stating, "The higher unemployment rate this year accounts for 3,000 additional people applying for benefits(disability) each week." The article went on to explain that "people have been doing this out of desperation."

A claimant does not typically have any financial issues to worry about when he or she applies for Social Security Disability Insurance benefits (SSDI) after exhausting their unemployment benefits. The issue is when a claimant applies for both at the same time. A claimant must certify that he or she is ready and able to work and will continuously look for employment in order to obtain unemployment benefits. This makes sense, since the very goal of unemployment is to aid workers in their job search and encourage them to go back to work. However, when someone files for Social Security disability benefits they are stating that they cannot perform full-time work at an SGA level. Ultimately, a claimant is basically saying that he or she can AND cannot work when applying for disability and unemployment at the same time. This can be a serious problem in court.

In general, judges do not like the idea of claimants who were getting unemployment benefits after their alleged onset date. It should be noted that receiving unemployment benefits does not automatically disqualify a claimant from applying for disability benefits. However, a judge could very well deny a claim using unemployment benefits as the rough framework for the decision. For this reason, it is not uncommon for Social Security disability lawyers to amend the onset date of the disability to some time after the unemployment benefits ran out.

Receiving unemployment benefits while applying for SSDI can be quite complicated. It is strongly recommended that you seek out a Social Security disability attorney to help you with this potential issue, especially if you are at the hearing level.

Best December Social Security Disability Blogs

2012-01-09T06:18:00.000-08:00

For December's "Best Social Security Disability Blogs" of the month, we listed our top 5 blogs by Social Security disability lawyers nationwide:

Social Security Disability System Faces Independent Review In 2012 -North Carolina lawyer Hardison on his Hardison & Cochran Blog

The Second Time Around -Maine lawyer Gordon Gates on Social Security Disability Lawyer Blog

Asperger's Syndrome And Filing An Indiana Social Security Disability Claim -Indiana lawyer Scott Lewis on Indiana Social Security Disability Lawyer Blog

Potential Clients And Representation -Illinois disability lawyer Aaron Rifkind on Illinois Social Security Disability Blog

How Do You Contact The Judge To Update Your Hearing Testimony? -Georgia disability lawyer Jonathan Ginsberg on Social Security Disability Blog

Location And Social Security Disability Benefits

2011-12-26T08:21:00.001-08:00

We have all heard that location matters when applying for Social Security disability benefits. Recently, a survey was released on the number of individuals age 15-64 receiving disability throughout the United States. While some counties in Missouri have nearly 25% of the individuals who receive disability benefits for example, towns in Utah have less than 4%. Unfortunately, regardless of whether you hire a Social Security disability lawyer to represent you with your claim, a lot of weight is placed on where your claim is adjudicated and by what judge. The survey is above.

New Blog And Website 2012

2011-12-17T11:34:00.000-08:00

For the past 11 months, I have been working on revising my law firm blog and website to better meet the demands of readers and people wanting to know more about Social Security disability benefits. To that end, starting in the beginning of 2012 get ready for a site that will integrate the Illinois Social Security Disability Blog with socialsecuritydefenders.com and will bring with it a massive amount of resources and disability benefits related information. The resources will range from low cost housing and medical information in Illinois and Nevada to the disability benefits process and the many different types of conditions recognized by the Social Security Administration.

We are very excited about the upcoming launch of our new integrated disability website. This is the first of several posts preparing our readers for the many changes coming early next year. Otherwise, I hope everyone is having a wonderful weekend.

Social Security Disability Consultative Examination

2011-12-13T09:41:00.001-08:00

The Social Security disability benefits process may include multiple doctor appointments scheduled by the Social Security Administration. The doctor appointments are known as Consultative Examinations (CE) and are mandatory to attend. At the application or reconsideration level, Social Security will set up a CE appointment when 1) they are unable to obtain enough medical records to come to a disability determination; or, 2) the records are somewhat ambiguous and an examination is needed to clarify an issue(s). For most claimants, going to a CE can be a horrible experience. It is not uncommon for the doctor to be rude to a claimant or even worse, fail to give a complete and thorough examination. Sometimes the examinations are not even performed by doctors whose specialty covers your particular type of condition.

CE's are performed by independent contractor physicians. While many claimants and disability lawyers take issue with how the CE process is run, it is quite rare to get the perspective of the actual examiner on the other side of the process. One of my colleagues, Colorado disability attorney Tomasz Stasiuk, recently noted a very interesting article published by a former examiner discussing the entire disability evaluation process.

One excerpt from the article is, "On the basis of a forty-minute interview and examination, I was supposed to determine how disabled an applicant or 'claimant' was."

I highly recommend reading this article, whether you are applying for Social Security disability benefits or are just interested in a good read. "Tell Me Where It Hurts," was published by Heather Kovich, a family physician, in September 2011. Click on the link to read the article.

Social Security Disability And Manual Submissions

2011-12-12T15:45:00.000-08:00

The Social Security Administration has been slowly moving to an electronic management system. Few Social Security disability benefits claims are still in a paper format, also known as "paper cases." Documents can be sent to Social Security directly by using an electronic barcode. Social Security disability hearings are often being held in a different location via video conference. An electronic system has overall positively impacted the way Social Security does business by making it a more efficient Administration. However, there is still a human component to the electronic system that allows for routine errors to be made.

I have noticed ever since the Administration moved to using an electronic system that employees routinely fail to categorize documents and upload them correctly. The Social Security district offices receive hundreds of mail a day from claimants and disability lawyers and upload them into their electronic system. Once a claims representative knows that a document is in the system, he or she can be satisfied that the work is done. The problem with this rationale is that many documents have to be manually categorized in the system to be uploaded correctly. One example is the attorney forms that are needed to get "on the record" as an attorney representative for a particular matter. Whether my office sends documents via FedEx or by certified mail, just getting the documents to the Social Security district office does not insure that they were processed and labeled correctly. The documents can sit at the office for months before anyone realizes that an error was made.

The same is true for doctor letters and other medical evidence. My office submitted a doctor letter along with an MRI for one of our clients to the DDS office several months ago through their electronic system. When we received a letter that a consultative exam had been scheduled we called to ask the adjudicator why there was a need for one when we had already submitted treating doctor notes from a while back. The adjudicator then responded, "You know what, I didn't see those records. It looks like they were incorrectly labeled in our system."

For this reason, while it is easy to submit documents to Social Security now that they are using an electronic system, it is still very important to follow through with all documents that you send to their offices. After you send a form to Social Security call the office and make sure that it has been uploaded into their system. Even if you have hired a Social Security disability lawyer to represent you with your SSI or SSDI claim, it is still a good idea to continue to follow through with any documents that you send to the Administration

Letter From ODAR

2011-12-07T10:57:00.000-08:00

The Social Security Administration (SSA) sends claimants a number of letters and forms throughout the disability benefits process. While they often times take what seems like an eternity to respond to you, the claimant, when they send out documents they in turn expect an almost immediate response. Additionally, some of their documents can be quite confusing.

If you have applied for disability benefits and have been denied twice, you may find yourself in a position where you will need to file a Request for Hearing by Administrative Law Judge. Shortly after you file the appeal, you may receive a letter from the hearing office with the following language:

Thank you for your request for a hearing before an administrative law judge(ALJ). This letter explains the hearing process and things that you should do now to get ready for your hearing. We will mail a Notice of Hearing to you at least 20 days before the date of your hearing to tell you its time and place.

The letter confirms that the appeal has been processed and usually has a barcode attached to it that should be used to send updated records and other evidence. At my law office, we typically refer to this letter as the "20 day letter." While we call the letter from the hearing office the "20 day letter," that is somewhat of a misnomer. In fact, at least twice a week my office will get a call from a claimant stating, "I have a hearing in 20 days and need help immediately." Or, a potential client will say "I don't have an attorney and my hearing is only a few weeks away."

The problem with the "20 day letter" is that the wording in the first paragraph leads claimants to believe that their hearing is going to be 20 days from the date of the letter. This is not the case. In fact, it is far from it. Click here if you would like to see the actual up to date average processing times for the hearing offices across the United States. If you are applying for disability benefits and receive a letter from the hearing office with the language above, make sure to read the correspondence carefully and if you have any questions call your disability lawyer or your hearing office.

Potential Clients and Representation

2011-12-02T06:43:00.000-08:00

I had a relatively brief conversation with a potential client the other day. During the phone conversation, I discovered that he is currently being represented by another attorney. I believe this situation merits a very important discussion regarding speaking with an attorney when a claimant has already obtained legal representation.

In this scenario, I told the potential client that I could no longer speak to him about his Social Security disability benefits case. Clearly upset by this, the individual said, "I have spoken to another attorney before you about my case and he said that I could write a letter asking my current attorney to withdraw from my case. Why won't you even talk to me about my condition?"

I would like to spend some time this morning breaking down what happened and some rules governing already represented claimants. The claimant noted that a letter would be sent asking the attorney to withdraw from the case. POMS Section: GN 03910.040 part C states, "A claimant may revoke the appointment of a representative at any time. A revocation of appointment must be in writing and must be signed by the claimant." For more information on this rule, visit the SSA website. In other words, a claimant absolutely has the right to choose his or her representation. A claimant can fire an attorney at will or even shop around for one that will best fit his or her needs. However, the rules are much more complicated governing attorneys.

Every licensed attorney is admitted to practice law in a particular state or states. That state governs the ethical conduct and actions of the attorney. Here in Illinois, where I am licensed, Illinois Rules of Professional Conduct Rule 4.2 governs communications with represented individuals and in pertinent part states, "A lawyer must immediately terminate communication with a person if, after commencing communication, the lawyer learns that the person is one with whom communication is not permitted by this Rule." The rule also notes that it applies even if the represented person "initiates or consents to the communication." In other words, as an Illinois licensed attorney I am bound by the code of ethics not to speak to a represented claimant about his or her case and to in fact "terminate" the conversation once it is discovered.

Is there anything besides legal ethics that would prevent an attorney from speaking to a represented claimant? Another possible reason is the idea of "stealing" another attorney's client. Being labeled in the legal community as a dirty player is nothing any attorney wishes. Additionally, the actual taking of a client away from another known attorney in some circumstances can be grounds for a civil law suit.

Before a claimant thinks about firing a representative and hiring another there are a few considerations one should think about:

1) A disability benefits case can take a very long time, there may be months where no major changes occur in your file. This can have nothing to do with your disability lawyer, but is part of dealing with the government and their lengthy process.

2) Call and try to speak with your disability attorney about your issues and concerns and see what explanation he or she gives and if it makes sense to you. Sometimes just making a phone call can make the difference.

3) Claimants at the application and reconsideration level the majority of the time are denied. This does not always mean that you have a bad case or a bad attorney. The Social Security Administration denies most claims at these levels.

What Should I Bring With Me To My Disability Hearing?

2011-11-19T09:01:00.001-08:00

One of our readers posed the following question: "I was wondering what I should bring with me to my Social Security disability hearing, would it be better to leave everything at home or should I just bring everything I can think of with me?"

This is an excellent question that frequently gets overlooked. Most claimants wait a very long time before they finally have their day in court. The court date is the day most claimants have been waiting for to argue why they deserve disability benefits. Therefore, it is crucial to have the resources and tools readily available to paint the most accurate picture of what your physical or mental limitations are and how they could create potential hurdles for you in a work setting. Below are some things a claimant should consider:

1) If a claimant wears any kind of brace (i.e. back or neck brace, hand splints, walking boot, etc.) it should be brought to the hearing. The hearing is very informal. While a claimant may be tempted to come to the hearing in a suit in order to look professional or impress the court, leaving the brace behind does not give the judge an accurate depiction of the claimant's needs outside the courtroom.

2) Similar to number 1, if a claimant normally uses an ambulatory assistive device (i.e. crutches, a cane, walker, wheelchair, etc.) it should be brought to the disability hearing. Many claimants leave their assistive devices at home thinking it would either make them look bad or it is improper to have at court. That is not the case.

3) It helps to bring all updated prescription medications or medicine bottles to the hearing. Claimants change dosages and medications all the time. Bringing current prescriptions or medicine bottles will give an accurate depiction of what you are taking for different medical conditions. It will also make it easier to answer some of the judge's questions.

4) Moral support. Coming to court can be a very emotionally draining experience. If a claimant thinks it could be too difficult to come to and stay at the hearing office alone, have a friend or relative come along. Having someone by a claimant's side at the hearing office can reduce the tension leading up to the actual disability hearing.

Best October Social Security Disability Blogs

2011-11-09T07:15:00.000-08:00

For October's "Best Social Security Disability Blogs" of the month, we listed our top 5 blogs by disability lawyers nationwide:

How do I check that status of my Social Security disability case? -Colorado lawyer Tomasz Stasiuk on his Social Security Disability Blog

What to do with a scary Administrative Law Judge? -Maine lawyer Gordon Gates on Social Security Disability Lawyer Blog

How Long Will I Receive Social Security Disability Benefits? -Indiana lawyer Scott Lewis on Indiana Social Security Disability Lawyer Blog

Social Security Disability Benefits and Obesity -Illinois disability lawyer Aaron Rifkind on Illinois Social Security Disability Blog

Why does Social Security want you to see a psychiatrist if you have a physical injury? -Georgia disability lawyer Jonathan Ginsberg on Social Security Disability Blog

Do You Know Your Social Security Disability Lawyer?

2011-11-03T05:38:00.000-07:00

Are you applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits? Are you represented by an attorney? Do you know who your attorney is?

You would think that the answer to all of those questions is obvious. However, you would be surprised just how many claimants are unable to answer any of those questions. When considering representation for a disability claim, ask yourself the following questions:

1) Have you spoke with your attorney before?

2) Is your representative actually an attorney?

3) Does the attorney limit his or her practice to representing people with disabilities?

3) Is the attorney you speak with on a regular basis the one who will be going to court with you?

4) When is the last time you heard from your attorney?

5) Is the disability attorney handling all of your appeals or are you doing them yourself?

6) Does your disability attorney know who you are?

All of these questions should be answered if you are looking to get Social Security disability benefits, whether SSDI or SSI. Some questions may not be as important to you as others. You should however at least know the answers to those questions. The first step in any tough spot is to know your situation.

Breast Cancer Awareness Month

2011-10-18T06:48:00.000-07:00

October is National Breast Cancer Awareness Month. Although we should always do our part to help spread breast cancer awareness, October in particular is a time where syndicated programs nationwide participate in fundraising efforts to provide free mammograms and other services. The money that is raised is spread throughout clinics and hospitals across the United States. Due to the importance of spreading Breast Cancer Awareness, this blog post will stay up for the rest of the month. For breast cancer resources, feel free to click on any of the links below:

http://www.nbcam.org/

http://www.nationalbreastcancer.org/

http://www.cancer.org/

http://www.cdc.gov/Features/breastcancerawareness/

http://www.aicr.org/

Image: markuso / FreeDigitalPhotos.net

Social Security Disability Benefits and Obesity

2011-10-11T06:01:00.001-07:00

"Can I receive disability benefits for being obese and what BMI do I need to get it?"

Over a decade ago, 1999 to be exact, the Social Security Administration ("SSA") decided to get rid of Listing 9.09: Obesity. The Administration stated that the listing did not do a good job of demonstrating work limitations. My guess is that there was also an abuse in the system, which SSA tried to remedy. Instead of modifying the rule however, they decided to completely delete it.

Despite getting rid of Listing 9.09, obesity must be considered under SSR 02-1p: Policy Interpretation Ruling Titles II and XVI: Evaluation of Obesity. Most notably, obesity can determine whether: an individual has a medically determinable impairment, severe impairment, if the individual's impairment meets or equals a listing, or prevents him or her from doing past relevant work and other work that exists in significant numbers in the national economy.

In other words, it is still possible to get disability benefits if you suffer from obesity, even if that is your chief complaint. Most notably, if you suffer from "severe" obesity, the court could find that you meet or equal another listing. The court could also find that a claimant suffering from obesity is unable to work due to his or her functional limitations.

When looking to Body Mass Index ("BMI"), there is no specific number or rule of thumb that will guarantee that a claimant wins his or her case, because claimants' conditions vary greatly. The National Institute of Health has a very easy to use BMI calculator. For disability purposes, there are three classes of obesity. Claimants who have a BMI between 30-34.9 will be considered to suffer from Level 1 Obesity. Level 2 Obesity is for claimants with a BMI between 35-39.9. Finally, Level 3 Obesity is for any claimant with a BMI over 40. For claimants reviewing medical records on their own, it should also be noted that the term "morbidly obese" could be mentioned by a physician. A BMI between 40-50 is commonly referred in the health community as morbidly obese.

As with all other conditions, if you feel that obesity is preventing you from working, it is very important to make sure that you tell your physician and that he or she writes it down in your medical record. When it comes time to apply for disability benefits or argue a case in court, it is extremely important to have a complete record that accurately reflects the claimant's medical condition.

Best September Social Security Disability Blogs

2011-10-03T18:33:00.000-07:00

For September's "Best Social Security Disability Blogs" of the month, we listed our top 5 blogs by disability lawyers nationwide:

Social Security Ruling: Documenting and Evaluating Disability in Young Adults -Colorado lawyer Tomasz Stasiuk on his Social Security Disability Blog

Your Functional Limitations are the Nuts and Bolts of Your Social Security Disability Claim -Maine lawyer Gordon Gates on Social Security Disability Lawyer Blog

Social Security Disability Benefits and Your Education -Indiana lawyer Scott Lewis on Indiana Social Security Disability Lawyer Blog

A Rare Disabling Condition: Hypogammaglobulinemia -Illinois disability lawyer Aaron Rifkind on Illinois Social Security Disability Blog

What to Expect Once You've Been Approved for Disability Benefits -Disability Group on their Social Security Blog

The Most Unique Reason For Hiring A Social Security Disability Lawyer

2011-09-27T06:42:00.000-07:00

There are a number of reasons why a claimant should hire a Social Security disability attorney to help with a disability benefits claim. The more common reasons include but are not limited to: no up front fees, free consultations, gathering medical records, dealing with Social Security, and arguing in front of an Administrative Law Judge. One of the rarely talked about, yet very important reasons for hiring a disability lawyer is their ability to "re-open" prior claims.

What does it mean to re-open a prior claim?

The Social Security Administration (SSA) routinely denies disability claims. In fact, at the initial application level it can seem as though SSA is only approving claimants that are on the verge of death. Since so many people are denied, many claimants are second, third, or fourth time applicants. If your claim was denied at the Disability Determination Services (DDS) level (where the initial determination is made) and was not appealed, a disability lawyer may be able to "re-open" your prior denial without having to start from square one. The advantages of this specific method are plentiful. Re-opening a prior claim can result in more benefits, speeding up the process, and less documents back and forth.

Re-opening prior Social Security disability claims is governed by 20 C.F.R. 404.988. While there are a number of ways a disability attorney can re-open a prior claim, one of the more straight-forward options is to do so within 12 months of the date listed on the initial determination, for any reason. There should be an emphasis on for any reason.

The second way a prior claim can be re-opened is if it is within four years of the date of notice of the initial determination and if there is "good case". Good cause is defined in 20 C.F.R. 404.989:

1) New and material evidence is furnished

2) A clerical error in the computation or recomputation of benefits was made; or

3) The evidence that was considered in making the determination or decision clearly shows on its face an error was made

Good cause for re-opening a case does not exist when the only reason is a change of legal interpretation or administrative ruling upon which the determination or decision was made.

There are many other ways that a case can get re-opened. If you have previously been denied disability benefits, you may have the option of re-opening the case rather then starting a new. It should also be noted that it is important to know whether you had originally applied for SSDI or SSI when you speak with a disability lawyer. Re-opening prior claims is one overlooked yet very important way a disability attorney can help you with your claim

Nevada and Illinois Hearing Office Processing Times

2011-09-21T09:43:00.000-07:00

The Social Security Administration is well-known for their extensive backlog of cases and lengthy processing times for disability claims. On July 29, 2011, the Administration published all of their 153 (plus three satellite) Office of Disability Adjudication and Review (ODAR) hearing processing times. This includes the average number of days until the final disposition of the original hearing request. Nevada and Illinois have some of the longest processing times in the country. Meaning, if your Social Security disability benefits claim is denied twice and you file a Request for Hearing by Administrative Law Judge you will have a very long wait before you can have your day in court.

Below is a review of the Nevada and Illinois ODAR processing times:

Chicago-402 days

Evanston-324 days

Oakbrook-440 days

Orland Park-357 days

Las Vegas-387 days

If you are currently waiting for a hearing date in front of an Administrative Law Judge and you feel like it is taking a very long time, the above data should give you an idea of what you can expect.

Should I Hire A Disability Lawyer?

2011-09-17T08:37:00.001-07:00

Hire a Chicago disability lawyer as soon as you even think about applying for Social Security disability benefits.

Here is why:

-A disability lawyer can significantly increases your chances of winning your case.

-A Social Security disability lawyer does not get paid ANYHING unless you win. This means he or she has a personal stake in your case. This also means that you can hire the very best to help you and it will cost you NOTHING upfront.

-The process is filled with red-tape, making it difficult for people suffering from even the worst conditions to get approved. Many claimants suffering from AIDS and Cancer for example are denied 3, 4, 5 ...even 6 times!

-Even if you are successful and your case is approve, that does not mean Social Security will give you all of the money you are owed. A disability attorney will work diligently to try and help you get all of your back benefits from the onset of your disability.

Disability attorneys have very different policies regarding when they will take on a case. Some attorneys accept claims at any level while others will only help an individual after the claim has been denied. Make sure to ask a lawyer upfront when they can help you. We strongly encourage claimants to hire a disability lawyer as soon as they even think of applying for disability benefits.

A Rare Disabling Condition: Hypogammaglobulinemia

2011-09-13T19:10:00.000-07:00

Hypogammaglobulinemia, a 21 letter mouthful that is as difficult to understand as to pronounce. On the surface, it is a rare immune disorder marked by a reduction in gamma globulins (serum proteins). A reduction in gamma globulins predispose an individual to various infections. In other words, if someone suffering from hypogammaglobulinemia were to apply for Social Security disability benefits, then that person would most likely suffer from multiple impairments. Hypogammaglobulinemia does not have a specific heading under the Social Security Administration's Listing of Impairments. Thus, the condition is often poorly evaluated by adjudicators, forcing claimants suffering from the disease to have to wait for a hearing in front of an Administrative Law Judge to argue their disability case.

Once in front of an Administrative Law Judge ("ALJ"), there are many different ways to present a hypogammaglobulinemia case. While there is no specific heading for hypogammaglobulinemia in the Listing of Impairments, it could fall within the scope of Listing 14.07: Immune Deficiency Disorders, Excluding HIV Infection. To meet 14.07A, a claimant would need to suffer from Sepsis, Meningitis, Pneumonia, Septic Arthritis, Endocarditis, or Sinusitis and it would need to be resistant to treatment or require intravenous treatment three or more times in a year or require hospitalization. 14.07B has to do with stem cell transplantation and while it is a form of treatment for hypogammaglobulinemia, it is less common to meet part B. 14.07C requires repeated manifestations of the condition resulting in at least two of the constitutional symptoms (fever, involuntary weight lostt, severe fatigue, etc.) and one of the following at the marked level: 1. Limitation of activities of daily living; 2. Limitation in maintaining social functioning; and 3. Limitation in completing tasks in a timely manner due to deficiencies in concentration, persistence, or pace. If an ALJ finds that a claimant suffers from hypogammaglobulinemia and meets Listing 14.07, that person will then be found to meet the medical requirements for disability benefits.

Another way to look at a hypogammaglobulinemia case would be to analyze the effect of the treatment itself. Many claimants suffering from the condition are required to take monthly gamma globulin injections to temporarily boost their immune system. Both the effectiveness of the injections and time commitment vary greatly. Some injection periods take over six hours to complete. The day or two after the injection can leave the claimant feeling extremely fatigued or sick. If a claimant would have to miss at least three days a month from work just for gamma globulin treatments, it would make it very difficult for that individual to hold down full-time employment. That claimant's Residual Functional Capacity would be greatly reduced.

A more common way of reviewing a hypogammaglobulinemia case would be to see whether the infections themselves meet a listing. Claimants applying for Social Security disability benefits with hypogammaglobulinemia often suffer for example from bronchitis or asthma. While a claimant might not meet Listing 14.07, that same individual might meet Listing 3.03 for Asthma.

Hypogammaglobulinemia is a rare immune disorder. Many claimants applying for disability benefits with the condition are denied repeatedly and are forced to argue their cases in front of an ALJ. Once in front of an ALJ, there are many different ways to review this type of case, making it quite challenging and easy to overlook its nuances. If you suffer from hypogammaglobulinemia and are applying for disability benefits, it is highly recommended that you seek legal representation, especially if you are waiting for a hearing in front of an ALJ.

Children's Global Assessment Scale

2011-09-06T12:12:00.000-07:00

The American Psychiatric Association (APA) publishes a manual entitled, "Diagnostic and Statistical Manual of Mental Disorders" (DSM) to standardize how to classify mental disorders. The latest version of the DSM was published in 2000 and a new version is expected to come out in May 2013. Within the DSM, the APA provided a numeric scale with a range of 0-100 (0 being the most extreme case and 100 someone with superior functioning) to be used by the mental health community when evaluating patients, known as the Global Assessment of Functioning (GAF). Less known, is the Children's Global Assessment Scale (CGAS)

The CGAS is an adaptation designed primarily for clinicians who work with children ages 4-16. The scale can be found in the Archives of General Psychiatry publication by David Shaffer in 1983. The CGAS has been used to indicate the need for clinical services and impact of treatment. And, by disability lawyers to argue Supplemental Security Income (SSI) benefits claims for children. A child's CGAS score in and of itself will not win a claim for benefits. However, it is evidence that can be used together with treatment notes in court to prove your claim. Most children applying for SSI disability benefits have scores below 61 and for this reason, a brief summary of the CGAS from 1-60 is provided below:

60-51: Variable functioning with sporadic difficulties or symptoms in several but not all social areas. No one particular severe impairment.

50-41: Moderate degree of interference in functioning in most social areas or severe impairment of functioning in one area.

40-31: Major impairment in functioning in several areas and unable to function in one area.

30-21: Unable to function in almost all areas

20-11: Needs considerable supervision to prevent hurting others or self

10-1: Needs constant supervision due to severe behavior

If your child has a CGAS score that falls somewhere within this 1-60 range, please contact a Social Security disability attorney to see whether he or she can qualify for SSI benefits.

Best August Social Security Disability Blogs

2011-09-01T07:06:00.000-07:00

For August's "Best Social Security Disability Blogs" of the month, we listed our top 5 blogs by disability lawyers nationwide:

Media Scare About Future of Disability Programs -Wisconsin lawyer Donald Chewning on his Wisconsin Disability Blog

Administrative Law Judge Disability Decisionmaking -Maine lawyer Gordon Gates on Social Security Disability Lawyer Blog

Affective Disorders and Indiana Social Security Disability Benefits -Indiana lawyer Scott Lewis on Indiana Social Security Disability Lawyer Blog

Res Judicata and Social Security Disability Benefits -Illinois disability lawyer Aaron Rifkind on Illinois Social Security Disability Blog

An Economist's View on SS: Sustain it, No "Crafty" Fixes -New York lawyer Kenneth Hiller on the Social Security Disability Blog

Did You Apply For Social Security Disability Benefits?

2011-08-30T19:24:00.001-07:00

Have you applied for Social Security disability benefits?

If you answered yes, chances are that you will travel to a nearby Social Security Administration ("SSA") District Office ("DO") sometime during the process. Most claimants stop by their local DO to drop off SSA forms, medical records, or ask disability related questions. If you are planning on making a trip for any of those reasons, here are a few tips:

1) The first week of every month is usually the busiest time for your local DO. If you can help it, make your journey out there later on in the month.

2) Mondays and Tuesdays always seem to be very busy, whereas Fridays can be quite slow.

3) Most of my clients tend to make trips out to their DO during lunch hours, however, DO employees also have to take a lunch as well. Lines can end up being longest during these hours.

4) After you take your ticket, do not leave the building. Claimants often leave when their number is called and are passed up in the calling order.

5) Make sure to keep copies of anything you drop off, just because you hand a form or document to an SSA employee does not mean that it will be processed.

It always seems easier to get things done by calling SSA or visiting their website. But, if you are in a position where you must travel to a DO remember these tips from a Chicago disability lawyer

Social Security Did Not Just Say That!

2011-08-22T14:34:00.000-07:00

I went to court last week for one of my clients who passed away during the Social Security disability benefits process. Unfortunately, the process can take several years to go through and it is not uncommon for this to happen. To make sure that her case continued, our firm had my client's son complete a substitute party form and appear in court on her behalf. The judge reviewed our Pre-Hearing Memorandum and issued a fully-favorable decision on the spot. In other words, we won the case. However, the judge noted that there was another company that was originally on the record for this case and he did not see any letter from the deceased telling that company to withdraw from her case. I assured the judge that she had sent a copy of the letter to the Social Security Administration District Office before she had passed away.

Today, my office received a phone call from the Social Security Administration regarding this matter. The person who called from Social Security stated, "We received the letter asking the other company to withdraw last year, but wanted to know if she could write another updated letter and send it to us?" Let me get this straight, Social Security wants my client, who by the way passed away, to now write an updated letter to them. I can only presume that somebody working for the government overlooked a pretty important piece of information. But, what if they were serious? How would the letter go? Below is my take on what Social Security was looking for...

Dear Social Security Administration,

I passed away because of my sickle cell anemia. I would have liked to get monetary help from you while I was alive, but because the process took so long, it looks like you won't be helping me personally any time soon. My disability lawyer tried to contact me when you requested that I write an updated letter for him, but he hasn't been able to do so. Fortunately for him, I was watching my case and heard what you had said. I can't write a letter, obviously, but if I wrote a message in the clouds and you were able to look up and read it, would that meet your requirements?

Sincerely,

Claimant

Social Security Disability News

2011-08-21T10:48:00.000-07:00

I often find myself preaching to clients and the public about the importance of keeping copies of all correspondence with the Social Security Administration (SSA). I do this because I know from personal experience that documents are misplaced or lost by the government everyday. Keeping copies of everything can insure that mistakes are corrected, at least so I thought. What happens when SSA accidentally finds that you are dead? On August 17th, 2011, writer for CNN.com, Blake Ellis, published an article entitled, "Social Security Wrongly Declares 14,000 People Dead Each Year." The article discusses situations where the government erroneously declares people dead and then stops all financial payments to that individual.

The article told the story of Laura Brooks, who was wrongly pronounced dead by SSA. Because of governmental error, her disability checks stopped and her bank account was closed until she could "prove that she was alive." It took two months for her to rectify the situation and "come back to life." Could you imagine the financial hardship that she must have gone through during those two months! Click here, if you would like to read the CNN.com article.

While the Laura Brooks story may be an extreme when it comes to SSA error, it does go to show that nothing is easy when it comes to applying and receiving Social Security disability benefits. The process can be long and full of red-tape just to win your claim. If you win your disability benefits claim, that does not necessarily mean that you will receive all of the back benefits that you are entitled to. And, even if you win your claim and get all of your back benefits, that does not guarantee that you will continue to receive those benefits without having to jump through hoops along the way (in Laura Brooks case proving that she is still alive). Mistakes happen. Make sure to keep all of your correspondence and documents with SSA so you are prepared in case you end up having to jump through some hoops as well.

Res Judicata and Social Security Disability Benefits

2011-08-16T12:44:00.000-07:00

You went through the Social Security disability benefits process and unfortunately lost your hearing in front of an Administrative Law Judge. After you receive the letter of denial, although your medical condition is the same, you decide not to give up and start a brand new claim.

You apply for Social Security disability benefits and your new claim is now denied. You later appealed that decision by filing a Request for Reconsideration, and that was denied. You then filed a second appeal, also known as a Request for Hearing by Administrative Law Judge, hoping to eventually have your second day in court and that was denied as well. This time, your denial letter from the Social Security Administration states that your claim has been denied because of something called res judicata. As you read the letter, you see the Latin words and have no idea what they are talking about. What is res judicata and why are you unable to have your second day in court?

Res judicata is a Latin term meaning "a thing adjudged" and in the legal field is a case that has had a final judgment and is no longer subject to appeal. One of the biggest reasons for incorporating res judicata into the legal system has been to avoid unnecessary resources in the court system. And yes, the arm of res judicata has reached decisions under the Social Security Act. What this means for you is that if you have already had your day in court and lost your case and now have a new claim that meets the conditions of res judicata, the Social Security Administration can legally reject it from proceeding to court for a second hearing.

What are the conditions that must be met for administrative res judicata to apply? There are three conditions that all must be met under 20 CFR 404.957(c)(1) and 416.1457(c)(1), they are:

1. There has been a previous determination or decision under the same subpart with respect to the same party.

2. The previous determination or decision was based on the same facts and on the same issue (s).

3. The previous determination or decision has become final by either administrative or judicial action.

If all three of the conditions are met, the Administrative Law Judge should apply res judicata.

In the scenario above, for your Social Security disability benefits claim to have been denied based on res judicata, the Social Security Administration must have determined that your new case has no new and material evidence. In other words, you probably did not submit any medical records demonstrating that your condition(s) have gotten worse since you previous applied for disability benefits. Since you lost your case previously in front of a judge, it counted as a final determination. And you, being the same party to the previous hearing, lost the case. Therefore, you will be prevented under this doctrine from proceeding unless your condition gets worse or you develop new medical conditions for which you can apply for disability benefits.

Are there ways around res judicata? In the example above, probably not. There are indeed ways around the doctrine, the easiest being to prove that your medical conditions are new and have gotten worse, preferably using a medical source statement with attached progress notes to do so. In general, res judicata can become a very complex matter and should be handled by a Social Security disability lawyer. Examples of these situations are when there is a substitute party to the matter or a change in a statute or regulation. There are other exceptions as well.

If you applied for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits and received notice that your claim was denied due to the doctrine of administrative res judicata, feel free to contact a Social Security disability attorney for more information.

The Grid: Part 1

2011-08-13T12:44:00.000-07:00

"The Grid, a digital frontier...I kept dreaming of a world I thought I'd never see."-Tron Legacy 2010

Kevin Flynn uttered those words in the opening scene of the movie Tron Legacy in 2010. The original digital Grid was introduced in the first Tron movie in 1982. If you have not seen either of the movies already, I would strongly encourage you to do so. Coincidentally, it was only a few years earlier that the Social Security Administration changed everything by coming up with their own version of The Grid, a different kind of standardized system used to determine whether people are entitled to Social Security disability benefits.

The Grid, also known as the Medical-Vocational Guidelines, is a system containing three charts, each for a different Residual Functional Capacity. Those three charts are vocational factors and are: 1. Age, 2. Education, and 3. Work Experience. When an individual's information is matched with The Grid, a judge will be able to come up with a conclusive finding of either "disabled" or "not disabled."

The first vocational factor is Age. The Grid divides age into four categories: Younger Individual (18-49); Approaching Advanced Age (50-54); Advanced Age (55-59); and Closely Approaching Retirement Age (60-64). Age is a key factor when applying for Social Security disability benefits. The Social Security Administration assumes that an older individual will have a more difficult time adjusting to competitive work environments. As you move up the different age categories, the Administration makes it slightly easier to get disability benefits.

The second vocational factor is Education. The Social Security Administration breaks up education into two primary categories: Limited (7-11 years) and High School or more (12 or more years). Typically, the more education someone has the more potential jobs he or she will be able to do. Thus, the more education an individual has the more difficult it can be to obtain Social Security disability benefits. It should also be noted that the Administration recognizes a third less common category for individuals with marginal education (0-6 years).

The final vocational factor in The Grid is Work Experience. Work experience under The Grid is divided into three categories: unskilled, semi-skilled, and skilled. Unskilled work is a job that can be learned in less than 30 days. An example of unskilled work that the Social Security Administration routinely quotes in court is a "hand packer" and "circuit board assembler." Semi-skilled jobs by definition take more than 30 days to learn, but some of these jobs are only slightly more than unskilled. An example of a semi-skilled job is an administrative assistant. Skilled jobs are complex and require more time to acquire. They can require more education and job training. An example of a skilled job would be an attorney. Each of these job categories are given a Specific Vocational Preparation (SVP) number. An SVP of 1 or 2 is unskilled, 3-4 is semi-skilled, and 5-9 is considered skilled work. The SVP for different jobs in the economy is listed in the Dictionary of Titles.

Age, education, and work experience combine with Residual Functional Capacity to determine whether someone meets The Grid and can be adjudicated as disabled. Next in Part 2 of The Grid, Residual Functional Capacity will be discussed in greater detail, stay tuned.

Why Am I A Social Security Disability Lawyer?

2011-08-04T15:34:00.000-07:00

People always ask, "Why are you a Social Security disability lawyer?" I think what happened this morning paints a good picture of why I do what I do:

I had a disability hearing at 8:30AM this morning for a client suffering from bi-polar disorder and fibromyalgia, she is 31 years old. She has a hard time going out in public and suffers from crying spells. At 8:00AM, she called me and said, "I don't think I can come to the hearing today, I'm too nervous and I'm scared,everybody tells me I'm too young to get disability benefits, I should just give up."

I told her over and over that today is her day in court. She had waited several years to finally argue the merits of her case and why she really does deserve disability benefits, despite her youth. After some thorough convincing she came to court just in time. It was a quick visit. A few minutes later we found out that the case was approved. She turned to me and said, "I've seen tons of doctors in the last couple of years, but no one has helped change my life the way you did today. I have four children and can't provide for any of them, that will all change now."

That is why I am a disability lawyer.

My Daughter Is Too Young To Have Worked, Can She Still Get Disability Benefits?

2011-07-25T14:18:00.000-07:00

Children who are too young to have worked and are believed to be disabled may qualify for Supplemental Security Income ("SSI"). As with Social Security Disability Insurance ("SSDI"), the Administration will first determine whether your son or daughter meets one of the Listing of Impairments. If a listing is met, you will be found to have adhered to the medical requirements for disability (note that a claimant would still need to meet the financial requirements). If a listing is not met, at least for SSDI, a judge will evaluate whether a claimant is able to work based on their residual functional capacity (the most that a claimant can do despite all of the limitations).

For SSI, rather than determining whether a younger child can work, a judge will look at functional equivalence. In other words, a judge will evaluate whether a claimant functionally equals a listing by looking at six domains: acquiring and using information; attending and completing tasks; interacting and relating with others; moving about and manipulating objects; caring for yourself; and lastly health and physical well-being. To functionally equal a listing, a child will need to have "marked" limitations in two domains or one "extreme" limitation. For more information on marked and extreme limitations, visit http://www.ssa.gov/OP_Home/cfr20/416/416-0926.htm. Thus, children who are too young to have worked can still potentially qualify for SSI benefits.

Social Security Administration Press Release

2011-07-23T10:42:00.000-07:00

Yesterday afternoon, the Social Security Administration published the following press release, which I will later go on to review:

Social Security Field Offices to Begin Closing to the Public a Half Hour Early Congressional Budget Cuts Force Reduced Public Hours

Effective August 15, 2011, Social Security field offices nationwide will close to the public 30 minutes early each day. For example, a field office that is usually open to the public Monday through Friday from 9 a.m. to 4 p.m. will close daily at 3:30 p.m.

“While agency employees will continue to work their regular hours, this shorter public window will allow us to complete face-to-face service with the visiting public without incurring the cost of overtime for our employees,” said Michael J. Astrue, Commissioner of Social Security. “Congress provided our agency with nearly $1 billion less than the President requested for our budget this fiscal year, which makes it impossible for us to provide the amount of overtime needed to handle service to the public as we have in the past.”

Most Social Security services do not require a visit to an office. For example, anyone wishing to apply for benefits, sign up for direct deposit, replace a Medicare card, obtain a proof of income letter or inform us of a change of address or telephone number may do so at www.socialsecurity.gov or by dialing our toll-free number: 1-800-772-1213 (TTY 1-800-325-0778).

The press release above can be found at http://www.ssa.gov/pressoffice/pr/fo-close-early-pr.html. It is clear from the press release that the Social Security Administration (SSA) is shortening public window hours in order to save money. Over the last six months or so budget cuts have continuously come in, this time effecting the time an individual has to come into local field offices for help.

On its face, SSA seems to be claiming that the half hour modification will avoid overtime hours for its employees. However, from experience and knowing the backlog of work SSA employees have it is hard for me to believe that a mere half an hour will make any real dent in the overtime hours.

The press release also noted that most of the services, including applying for Social Security disability benefits, can be done over the phone or by using the internet--seemingly arguing that the half hour time difference should not cause any increased workflow. While it is true that more and more claimants are applying from the comfort of their homes, a large number of individuals still prefer to physically go into a field office to apply for disability benefits. I know from personal experience that some of the local Chicago field offices have days where there are lines of people waiting to be helped. If anything, I would think that a half an hour less of public window hours would ultimately only increase the backlog of work to do. People looking to apply for Social Security disability benefits or appeal their disability benefits still tend to feel safer completing the necessary paperwork in person.

Overall, I am not sure how successful this most recent budget cut will be and am not convinced it will do everything SSA claims.

Residual Functional Capacity and Your Disability Claim

2011-07-14T06:03:00.001-07:00

In order to be adjudicated as disabled before a Social Security Administrative Law Judge (ALJ), an attorney or claimants representative must follow and complete what is called the five step Social Security disability evaluation process. The evaluation process asks the individual seeking disability benefits five separate questions: (1) Are you working and are you performing substantial gainful activity; (2) Is your condition severe; (3) Does your condition meet or exceed a listed impairment; (4) Can you do previous work; and (5) What work can you do. While each of the five steps must be proven to be adjudicated as disabled, proving the fourth step can often be tricky. The process of proving whether a claimant can do previous work is determined by an individual's Residual Functional Capacity (RFC). This blog post explains what RFC is and why it is important to every disability claim before an ALJ.

The Social Security Administration (SSA) evaluates what someone's RFC is by determining the most work that a claimant can do despite any of his or her limitations. SSA determines the most work that a claimant can do by dividing "work" into four different categories: heavy, medium, light, and sedentary work. It is worth noting that there is sometimes a fifth category that is recognized for very heavy work; however, very heavy work is scarcely used and will not be discussed in this blog post. Whether a claimant wins his or her disability claim is greatly affected by which category he or she is ultimately put into. The lower an individual's RFC level, the greater the chances of meeting the fourth requirement of the five step evaluation process.

The first category of RFC is heavy work. If a claimant can successfully complete tasks at a job where the work is classified as heavy, it will be extremely difficult to be adjudicated as disabled. Heavy work is defined by SSA as lifting "no more than 100 pounds with frequent lifting or carrying of weights up to 50 pounds." Heavy work involves lots of movement and includes heavy lifting and very little sitting.

The second category of RFC is medium work. Medium work is "lifting no more that 50 pounds with frequent lifting or carrying of weights up to 25 pounds." Someone who is performing a job that involves medium work does a lot of walking and moving around. The tasks can be difficult and involve a significant amount of lifting. An example of medium lifting could include moving medium sized boxes in a retail store from one point to another. If a claimant can perform medium work, similar to performing heavy work, it will be difficult for the individual to meet the fourth step of the evaluation process.

The third category of RFC is light work and is defined by SSA as "lifting no more than 20 pounds with frequent lifting or carrying of weights up to 10 pounds." Light work could involve standing and walking and usually involves a lot of hand and arm movement. Shuffling lightweight retail items would be an example of light work activity.

The final of the four RFC categories is sedentary work. Sedentary work is "lifting no more than 10 pounds no prolonged standing and walking." Sedentary work typically involves mostly sitting and although it could involve standing, it would only be occasionally. Lifting in this category might include filing, lifting small objects like staplers or folders, or any other basic very light objects. If an individual can only perform sedentary work, there is a good chance that claimant will meet the fourth step of the Social Security disability evaluation process. For more information about RFC and the category definitions, visit the SSA website at http://www.socialsecurity.gov/OP_Home/cfr20/404/404-1545.htm

When a claimant is at a ALJ hearing, eventually the case will move to the fourth step of the five step Social Security disability evaluation process. Once the case reaches the fourth step, the case will turn on a determination of what the claimant's RFC level is. RFC is divided into four distinct categories that classify an individual based on the kinds of work that he or she can perform, despite any limitations they might have. Indicators that the ALJ is at the fourth step are when you hear the Judge ask questions like "how much can you carry?" or "how long can you stand?" The less movement and lifting an individual can perform on the job, the lower his or her RFC level. Every RFC category is different and can play a major role in determining whether a claimant wins his or her disability benefits claim.

Does SSA Lose Documents?

2011-07-12T17:40:00.001-07:00

While I was speaking with someone over the phone today, I was asked the following question: "How reliable is the Social Security Administration when it comes to processing Social Security disability claims, I mean, do they ever lose documents?"

Like the picture worth a thousand words, I had too many words that I wanted to say and my response came out completely jumbled. To clarify, I told the individual it might be easier for me to write about it tonight with examples, here they are!

Scenario 1: Several weeks back I sent records to SSA via mail and fax, they claim to have never received the records.

Scenario 2: I sent records certified mail to a District Office and called for the status of the records, they claim it never got to their office.

Scenario 3: I walk a document into a District Office personally, several weeks later when I called for the status of said document, it is no where to be found.

-Each of these scenarios have happened to me on numerous occasions. I have learned, often the hard way, not to assume that something is received by SSA just because you sent it. Keeping copies of everything is very important. Also, it is a good idea to send important documents to SSA multiple times.

Drug Addiction & Alcoholism: The 6th Step of the Sequential Evaluation Process

2011-05-31T11:03:00.000-07:00

Image: gameanna / FreeDigitalPhotos.net

Most Popular Baby Names in 2010

2011-05-08T09:33:00.000-07:00

While this blog primarily focuses on Social Security disability benefits and medical conditions and technology, every now and again the Social Security Administration ("SSA") will publish something that is relatively left field, which this blog of course has to cover. This time around, on Thursday, May 5, 2011, SSA published the most popular baby names of 2010. This year's winners were Jacob for boys and Isabella for girls. The top ten list is as follows:

Boys: 1) Jacob Girls: 1) Isabella
2) Ethan...... 2) Sophia
3) Michael.... 3) Emma
4) Jayden..... 4) Olivia
5) William.... 5) Ava
6) Alexander.. 6) Emily
7) Noah....... 7) Abigail
8) Daniel..... 8) Madison
9) Aiden...... 9) Chloe
10) Anthony... 10) Mia

For more information, feel free to check out the article on the SSA website at http://www.ssa.gov/pressoffice/pr/baby-names2010-pr.html

I'm Disabled And Can't Get A Job, Can I Get Social Security Disability Benefits?

2011-04-30T09:51:00.001-07:00

The economy is terrible and unemployment rates are at near all-time highs. You have a medical condition that makes it difficult for you to find a job. Whenever you have employment interviews, you feel as though the interviewer notices your medical condition and then immediately tells you "If we feel you meet the qualifications for the position, we will give you a call next week." The only problem is that when you leave the interview you just know that you will not be getting that call.

The next week comes along and the employer does not bother to call. Can employers legally tell you that they did not hire you because of your medical conditions, no, but that does not change that you feel as though your medical condition is preventing you from getting a job. Then you think to yourself, I have heard about getting Social Security disability benefits and I cannot get a job, maybe this is for me? I should start getting paid from the government because there is no way I can get a job, no interviewer would hire me because of my conditions. Should be no problem, right?

WRONG! The Social Security Administration ("SSA") considers a number of factors when determining whether you are disabled. However, SSA does not consider the likelihood of you actually getting hired for a position. SSA will consider your "ability" to perform a job. In other words, most people come to me and say something along the lines of "Who is going to hire someone in their early 50's with a history of back problems?" While it is true that finding a job in that scenario in this horrible economy could prove very difficult, SSA is only concerned whether that person could perform on the job, should he or she get it.

Along those same lines, I have been to a number of hearings where a Vocational Expert ("VE") at court would testify that there are 8000 jobs that my client could do. Almost every time this happens I look in my client's eyes and I can immediately read his or her thoughts bursting out as if to say "This guy must be crazy, to think that I could get 8000 jobs, I have been rejected by all kinds of jobs already!"

When thinking about applying for Social Security disability benefits, make sure you ask yourself whether your medical conditions are preventing you from "working," not whether it is preventing you from getting hired. Most importantly, if you feel that your medical conditions are preventing you from working, do not give up, keep fighting for those benefits!

Get It Written Down!

2011-04-26T18:53:00.000-07:00

I called a client of mine today to let her know that we had won her disability case. After trying to obtain Social Security disability benefits by herself for over four years, she was elated with the big news that the fight would finally come to a close. She could not believe that it only took three months with our firm to get her the benefits she deserved after trying for so many years by herself. I told her that it was because of her thorough medical records that we were able to win so quickly. She responded, "My records are so thorough because every time I go to the doctor, I tell him to make sure to write down everything I tell him, every complaint, and every pain I have, if you don't do that then no one will ever know what you have." And you know something, she is right!

One of the best things an individual can do when applying for Social Security disability benefits is to make sure that all of the complaints and medical issues are in writing. Too often, I attend hearings where there are gaping holes in medical records. I find myself wishing, "If only some of the obvious ailments that this claimant has were in writing and documented." While some medical conditions are more obvious than others, nothing can replace having those conditions well-documented by a medical doctor. While it may seem like an obvious statement, making sure all of your concerns and issues are in writing can make the difference between winning and losing your Social Security disability claim.

Review Your Social Security Statement

2011-02-18T08:03:00.000-08:00

Matthew Oliphant of Stupeny.org recently published one of my Social Security articles entitled, "Review Your Social Security Statement." In light of this honor, I wanted to share with my readers the importance of making sure you keep up-to-date with the Social Security Statement that the Social Security Administration sends you in the mail. Read the article when convenient and feel free to comment or email me with any of your questions. Below is the link to the article!

http://www.stupeny.org/review-your-social-security-statement

Best October Social Security Disability Blogs

2010-11-02T15:08:00.001-07:00

For October's "Best Social Security Disability Blogs" of the month, there was a lot of competition to make it to the Top 6. My favorite October blogs were:

Don't Hold Your Breath For A Social Security Cost Of Living Adjustment For 2011 -Texas lawyer Bob Kraft on his P.I.S.S.D Blog

Post-Hearing Memorandum -Maine lawyer Gordon Gates on Social Security Disability Lawyer Blog

Social Security Disability Applicants’ Access to Professional Representation Act of 2010 Signed Into Law -Delaware lawyer Steven Butler on Delaware Disability Blog

Disability Awareness Day October 2010 -Illinois lawyer Aaron Rifkind on Illinois Social Security Blog

When Do Social Security Benefits Stop After Incarceration -Colorado lawyer Tomasz Stasiuk on the Social Security Insider Blog

How Does Veterans Administration Disability Impact Social Security Disability -Georgia lawyer Jonathan Ginsberg on Social Security Disability Blog

More About Fibromyalgia

2010-10-19T19:19:00.000-07:00

I received a call today from someone asking for information about Fibromyalgia. Fibromyalgia is a chronic condition that can effect numerous areas of the body. It is also a condition that I happen to see and work with on a daily basis while trying to help individuals get Social Security disability benefits. While there is a wide array of symptoms associates with the condition, the actual cause remains to be unknown. I sometimes frequent the website http://www.disabilityresourceexchange.com/ which has a plethora of disability related information. Today, coincidentally, I found a really informative video discussing Fibromyalgia. I liked the video so much that I thought I would share with everyone:

Breaking News At SSA

2010-10-13T08:56:00.000-07:00

Brand new rules have just been passed for Social Security disability claimants with severe conditions applying for SSDI/SSI. Due to the importance and impact of these changes, the press release is below:

SOCIAL SECURITY
News Release
Social Security Fast-Track Disability Processes Get Even Faster
New Rules Will Further Speed Benefits to Tens of Thousands of Americans with Disabilities
(Printer friendly version)
Michael J. Astrue, Commissioner of Social Security, today announced that the agency has published final rules that will further reduce the time it takes to decide applications for disability benefits from those persons with the most severe disabilities—a process that currently takes less than two weeks on average. The new rules allow disability examiners to make fully favorable determinations for adult cases under the agency’s Quick Disability Determination (QDD) and Compassionate Allowance (CAL) processes without medical or psychological consultant approval. It also will help the agency process cases more efficiently as it will give medical and psychological consultants more time to work on complex cases where their expertise is most needed.

“The new rules we are publishing today will help us get disability benefits to the most severely disabled Americans even faster,” Commissioner Astrue said. “This year, more than 100,000 people benefited from our fast-track disability processes and received decisions in a matter of days rather than the months and years it can sometimes take. I am pleased that our fast-track processes will now be even faster and help speed much needed benefits to our most vulnerable citizens.”

Under Social Security’s QDD process, a predictive computer model analyzes specific data within the electronic disability file to identify cases where there is a high likelihood that the claimant is disabled and we can quickly obtain medical evidence. The CAL process currently identifies 88 specific diseases and conditions that clearly qualify for Social Security and Supplemental Security Income disability benefits and can be fast-tracked.

The final rules, 20 CFR Parts 404 and 416, can be accessed through the Federal Register online at www.regulations.gov. They will be effective on November 12, 2010.

Additional information about Social Security’s Compassionate Allowances process is available at www.socialsecurity.gov/compassionateallowances.

Disability Awareness Day October 2010

2010-10-11T16:13:00.000-07:00

October is National Disability Awareness month and as part of a long tradition of annual celebrations, the City of Law Vegas Adaptive Recreation, Southern Nevada Center for Independent Living (SNCIL),and several other government agencies and non-profit organizations sponsored the 19th Annual Disability Awareness Day (http://www.sncil.org/library/pdf/AwarenessFlyer.pdf) in Las Vegas, Nevada. The day was filled with entertainment, free snacks, and speeches by leading officials in their respective areas of expertise, most of which centered in furthering research and aid to the disabled community.

I was more than honored to have been asked to speak at Disability Awareness Day by the Executive Director of SNCIL (the video will be posted on my firm's website shortly). One of the main reasons why I was asked to speak was because of an article I had published over a year ago entitled, "Don't Forget Your Ticket to Work." I originally wrote the article because I had personally witnessed hundreds of individuals afraid to apply for Social Security disability benefits because of a fear that they could never work again or pursue any of their career related dreams. However, Ticket to Work is a government program that (barring certain income restrictions) helps individuals who receive Social Security disability benefits get back on their feet and get jobs that they are hopefully interested in pursuing.

After seeing Ticket to Work help so many people land jobs relevant to their previous job training, I wanted to spread the word about the program. I knew that by spreading the word A) more people who should be receiving Social Security disability benefits would apply and B) more individuals would find and sustain meaningful employment. The second reason was what I decided to focus on at the podium. Coincidentally, a representative from the Ticket to Work program spoke a few minutes before I did and mentioned something in particular on that note that stuck in my mind. "There is a large amount of data that shows that an individual who has a job and is able to work has more of a reason to get up in the morning, and tends to be happier." I could not agree with her more. I cannot stress enough how many people that I have talked to that are suffering from different diseases and would want nothing more than to find even a part-time job to integrate into their daily living.

Overall, Disability Awareness Day was a major success. There were over 60 different organizations that came to display their unique support for the disabled community and hundreds of individuals were in attendance. After personally having a wonderful weekend, I promised several people that I would continue to spread the word about Ticket to Work and other resources once I got back to my office. Pursuant to that promise, this blog is the first thing I had to do.

Income Requirements For SSI

2010-09-14T07:59:00.000-07:00

Supplemental Security Income (SSI) is a government program funded by general tax revenues. While Social Security Disability Insurance (SSDI) is funded through Social Security taxes, SSI is a needs based program designed to help aged, blind, and disabled individuals with little to no income. The Social Security Administration (SSA) website states, "SSI is meant to provide cash to meet basic needs for food, clothing, and shelter."

The two most common questions I get asked with regard to SSI benefits is "how much can I get" and "what are the income requirements." "How much can I get" can be answered through the Federal Benefit Rate (FBR). The FBR is the maximum SSI benefits you can get in a given year, for 2010 that amount is $674 per month. What this means is that if you are awarded SSI benefits, you will not be paid any more than $674 a month.

The second question I always get asked is what the specific income requirements are for SSI benefits. In short, all income is considered when evaluating whether an individual qualifies for SSI benefits. Some examples of income include: bank accounts, assets, gifts, household income, etc. Understanding how income is evaluated for your claim can be tricky, especially because income includes a lot of exceptions that may or may not apply to your individual claim. Plus, there are many different categories of income which include: earned income, unearned income, in-kind income, and deemed income. What I find to be really helpful is the SSA webpage entitled, "Understanding Supplemental Security Income, SSI Income." http://www.socialsecurity.gov/ssi/text-income-ussi.htm Here you can find more information about how the SSA reviews a claim based on income.

The Social Security Disability Application

2010-09-03T10:38:00.000-07:00

The Social Security disability application is the very first step for someone who wants to get Social Security disability benefits. The application can be done at the Social Security Administration (SSA) office, it can be done in written form, over the phone with SSA, or via the internet. The internet application is probably the most often used method of applying for disability benefits due to the accessibility and flexibility involved. Because almost everyone can do their own application whenever they want via the internet, there seems to be a consensus that the application itself is something that is easy to complete.

While it is true that anyone can apply for Social Security disability benefits online, I completely disagree that it is an easy task, in fact, I believe that it is anything but easy. Even if you had all of the necessary information required to complete the application, actually filling in the information is extremely time consuming. SSA requires tons of information from the claimant in order to complete the application and for someone suffering from an ailment or ailments preventing them from working, physically entering in all of that data can be a challenge in and of itself. This is, of course, if you actually have all of the information that SSA wants from you available at hand. In my experience, it is very difficult for a claimant to physically have or remember every single doctor's visit, hospital visit, or medical test that they have taken or had and recall when they were and what was done. Asking a claimant by him or herself to have all of the necessary information to complete the application to me is impractical.

At the very end of the initial application, there is a section entitled "remarks." This section is where a claimant can give a summary of how his or her symptoms are limiting their daily activities and explain why he or she should be getting disability benefits. This section is also probably one of if not the most important sections of the entire application. Yet, the SSA does not tell a claimant how important it is nor do they make the section a requirement in order to complete the application. Instead, they use the word "optional" to complete, which leads most individuals applying for Social Security disability benefits to believe that they really should not put the time and effort into completing that section. Unfortunately, in my experience, the word "optional" proves to be very effective for SSA and most claimants applying by themselves tend to leave the section completely blank because of it.

The trickiest part of the entire application is figuring out what to put down as your medical conditions. I had a potential client come into my office yesterday and when I asked her what was preventing her from working, she said, "my carpal tunnel in both my wrists cause me great pain and make it so I simply can't work, that and maybe my asthma." If she had gone and applied for Social Security disability benefits via the internet by herself, she no doubt would have put down as her disabling condition, carpal tunnel and asthma. A few minutes later, I discovered that she was also suffering from PTSD, Bi-Polar Disorder, Diabetes, and Neuropathy. She admitted that she would never have added those conditions to her application and then explained to me that "when I'm in a lot of pain day in and day out, it's very easy to forget what you are suffering from, keep in mind, I'm always hurting." Since the online application is long and tedious, this only adds to the difficulty of producing a very accurate and thorough reflection of your medical condition.

While it is true that anyone can apply for Social Security disability benefits online by themselves, I do not see how it can be labeled as an "easy" endeavor by any means. The application is long, extremely detail oriented, and requires a lot of information from whoever is completing the online form. This is true, even for someone like myself, who does this type of work day in and day out for a living.

How Helpful Is The Social Security Appeals Council?

2010-08-27T12:17:00.000-07:00

About 25 minutes ago, I was asked the following question in my office, "How helpful is the Social Security Appeals Council (AC)? I've been told that if I can get to them, I can finally win my case, is this true?" Below is my review of the AC...

If you are denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits there are a number of different avenues that you can go through in order to keep your case going. While the majority of claimants fail to continue to go through the appeals process, there are a select few that continue to follow that route, which could take years to go through before obtaining Social Security disability benefits. After an individual has been denied Social Security disability benefits, he or she can go through Reconsideration where the Social Security Administration (SSA) will review your denial and determine whether you should receive benefits. Should you be denied through Reconsideration (which almost everyone is), you can then apply for your Hearing in front of an Administrative Law Judge (ALJ).

After years of waiting for your day in court, should the ALJ reject your claim, there is still one last step someone can take aside from starting a brand new claim, which is appealing to the Social Security Appeals Council (AC). The few individuals that take this path typically have nothing good to say about the experience and for a good reason. On the SSA website, the AC is described as follows: "If you disagree with the hearing decision, you may ask for a review by Social Security’s Appeals Council. We will be glad to help you ask for this review." What SSA fails to mention is that they can simply choose to reject your application to be heard in the first place. There is a really good blog post by Colorado attorney Tomasz Stasiuk http://www.socialsecurityinsider.com/2010/07/appeals-council-form-letter-denial/ that specifically talks about the SSA's ability to deny your Appeal. The SSA will be glad to help you ask for the review, but that does not mean by any means that they will grant it.

Aside from SSA sending you a form letter denial, even if they do decide to review the ALJ decision, you may not feel that much better off. This is because often times the SSA will send your claim decision to be reviewed by the Judge that has just rejected you. If the same Judge has just rejected your claim, you would think the chances of him or her reversing that decision would be very slim. In other words, if you do not like a particular football team, chances are the next time they come to visit your home team, you will not be cheering for them.

What happens when the SSA decides to review the decision and does not send you to the same ALJ? You would think in this situation you would get a second chance at getting Social Security disability benefits, almost like having your second day in court. However, typically the SSA AC is limited in their ability to review your claim to errors in law. So then if there was an error in law does this mean you finally get disability benefits? If there was an error in law, this does not necessarily mean that you will get Social Security disability benefits unfortunately.

Advice For Your Social Security Disability Benefits Claim

2010-08-25T07:19:00.000-07:00

I get emails everyday from individuals who have applied or are looking to apply for Social Security disability benefits asking what the best piece of advice is that I could give them. Most of these individuals already have representation or are looking for someone to help them with the Social Security disability process. Since these individuals know that getting benefits possibility for the rest of their life can dramatically change their current health and financial situation, they are looking for an edge to help their claim get through the Social Security Administration (SSA) as quickly and successfully as possible. These individuals typically expect me to use advanced legal jargon or come up with a very crafty answer that they have never heard before. In fact, most people are very surprised when I write back to them saying that in my opinion the best thing that they can do is to keep in contact with their attorney.

Although it seems like a fairly obvious statement, I cannot stress enough how important it is to keep in constant contact with your attorney. Your attorney will hopefully do everything he or she can to keep the Social Security Administration up to date with all of your information, but the attorney can only do that if you inform him or her of any and all of your correspondence with SSA. This includes any emails, phone calls, faxes, or letters that they send you in the mail. You will most likely receive numerous letters from the Social Security Administration asking for more information about yourself, appointments with their doctors, status updates, etc. All of this information needs to be forwarded to your attorney as soon as you receive it.

The Social Security disability benefits process can be a very long process and can take several years to get through. Sometimes there can be three to four month periods where there is no correspondence between yourself and SSA. During that time period it is not uncommon for there to be significant changes in a claimant's health. By staying in contact with your attorney, you can insure that your medical records are up to date with SSA and are adequately reflecting your current medical condition.

My best piece of advice to help you win your Social Security disability benefits claim is to keep your attorney up to date and to stay in contact with him or her throughout the process.

More Bipolar Disorder Information

2010-04-19T17:38:00.001-07:00

Georgia attorney Jonathan Ginsberg wrote an excellent post entitled Bipolar Disorder and Social Security Disability-Strategies for Winning on his blog that I would like to share with my readers as another source for bipolar disorder information. In addition to my recent post discussing the Social Security Administration's Listing Requirements for obtaining Social Security disability benefits when you have bipolar disorder, this article points to other online resources you can go to for more information and gives examples of winning disability limitations. Jonathan was nice enough to allow me to post his article below:

Bipolar disorder has long been recognized by the Social Security Administration as a legitimate basis for the payment of disability benefits. If you are a disability claimant who has been diagnosed with bi-polar disorder symptoms, there are two ways you should apply for benefits - and when you apply, you can and should use both arguments.

The “12.04 Listing Argument”

First, you should argue that your condition is so severe that it meets the “listing” for bipolar disorder as defined by the Social Security Administration in Listing 12.04. Click here to open a new window that contains the text of Listing 12.04. In order to meet this listing, your treating doctor will have to provide support in the form of a written declaration that you regularly experience specific symptoms that result in “marked” difficulties in mental functioning.

You can enlist your doctor’s help by printing out the 12.04 listing, taking it to your psychiatrist or psychologist and asking him to prepare a letter stating that you meet the listing. In the alternative, your disability lawyer may be able to provide your doctor with a checklist form that tracks the 12.04 listing.

You should be aware that Social Security is very demanding when it comes to approving a case based on the listing. All of the listings, including Listing 12.04, are designed to be difficult to meet and Social Security personnel are trained to look for very specific records and language in your doctor’s reports before they will approve a case based on the listing.

The Residual Functional Capacity Argument

The second, and more common method to win your case based on bi-polar disorder relies less on “magic words” in your medical records and more on the work limitations that your doctor has identified.. Known as a “residual functional capacity” or “RFC” argument, you are basically asserting that because of your bi-polar condition, your capacity for work has been so reduced that you would not be able to perform even a simple, unskilled job five days a week, eight hours a day.

Focus on Specific Activity Limitations

The RFC argument requires that you focus on the specific limitations you would have functioning at a simple, unskilled, low stress job. In most cases involving bipolar disorder, the judge’s decision really boils down to his/her decision about whether you could hold down a simple, sit down type of job that requires no training, that allows you to sit, stand and adjust your position and is not production oriented and does not involve extensive interaction with others. Examples of these types of jobs include:

small parts assembler

ticket taker at a move theatre

surveillance system monitor

hand packer

In fact, in most hearings, the Judge will call a “vocational expert” to testify about work you have done in the past and about simple, minimally demanding jobs that exist in the national economy.

Examples of Winning Work Limitations

Your RFC argument will have the best chance of success if you can identify specific work limitations that arise from your condition - or your medications - that would prevent you from getting through a workday. Because you may find it difficult to recognize changes or limitations in your own behavior, you may find it helpful to ask a friend or relative to help you identify behaviors or activities that might impact your capacity for work.

An excellent resource on the web for sufferers of bipolar disorder and their families is BipolarCentral.com, a web web site that explains and discusses the financial, emotional, and physical health problems that arise from this mental health condition. In particular, the Articles/Stories section of BipolarCentral.com contains a number of first person accounts by patients and their families that will help you spot activity limitations that you can use in pursuing your disability case. Some examples of limitations that many judges find compelling include:

your need to take frequent unscheduled breaks

you would likely miss three or more days of work per month

you would likely suffer “decompensation” at work (i.e. emotional breakdown)

you would likely have problems getting along with co-workers or supervisors

you would not be able to follow simple instructions

your concentration and attention are “severely” impaired
Note that this list of work limitations is just an example - you don’t need to show all of these work limitations to win your case.

An RFC argument is a legal argument and many of the terms that are used by Social Security have specific legal meanings. Examples of terms with special meaning include “marked limitation,” “substantial work,” “decompensation,” “frequent,” “often,” and “poor performance.” Because of the legal nature of this type of argument, you are well served by retaining the services of an experienced and capable Social Security disability lawyer.

Conclusion - You Will Need Your Doctor’s Support

Social Security recognizes that claimants suffering with bi-polar disorder may meet the requirements for disability because of the severity of symptoms and the impact of those symptoms on the claimant’s ability to perform even basic work activities. A treating doctor or therapist who understands the “big picture” about Social Security claims can be a big help to you in pursuing your claim. Recognize that many mental health professionals are reluctant to make a blanket statement that you are “disabled.” Instead, when you apply for disability ask your doctor to help you by using Social Security’s listing language and by identifying specific activity limitations that apply to you.

Best March Social Security Disability Blogs

2010-04-01T13:14:00.000-07:00

For the sixth Best Social Security Disability Blogs of the month, there was a lot of competition in the month of March to make it to the Top 6. My favorite March blogs were:

Social Security Hearings Backlog Falls to Lowest Level Since 2005 -Texas lawyer Bob Kraft on his P.I.S.S.D Blog

Is a GAF Score of 65 Too High? -Maine lawyer Gordon Gates on Social Security Disability Lawyer Blog

Social Security Disability Applicants’ Access to Professional Representation Act of 2010 Signed Into Law -Delaware lawyer Steven Butler on Delaware Disability Blog

Disability Onset Date in Subsequent Applications -Illinois lawyer Aaron Rifkind on Illinois Social Security Blog

My SSI benefits stopped because I was in a hospital! Why? -Colorado lawyer Tomasz Stasiuk on the Social Security Insider Blog

Diabetes and Social Security Disability Case Study Posted -Georgia lawyer Jonathan Ginsberg on Social Security Disability Blog

Bipolar Disorder and Social Security Disability

2010-03-28T14:51:00.000-07:00

Bipolar disorder, also known as manic-depressive illness, refers to a specific category of mood disorders where there may have been either a single episode of mania or a long standing history of both manic and depressive episodes. According to the National Institute of Mental Health (NIMH), it is estimated that bipolar disorder affects approximately one in forty-five adults and over five million Americans. Bipolar disorder is a rapidly growing condition and is marked by abnormally elevated and depressed states that often interferes with the person's everyday functioning and must be treated by mood stabilizing medications. The most popular long-term treatment for bipolar disorder is lithium carbonate. Despite numerous mood stabilizing medications, if you have bipolar disorder and it prevents you from working at a regular job, you may be entitled to Social Security disability benefits.

The Social Security Administration (SSA) has a Listing of Impairments that must be met for someone to be considered disabled. Although meeting a listing can improve your disability claim, its worth noting that failing to meet the criteria under the listing does not necessarily result in the denial of your bipolar disorder disability claim. The Listing of Impairments contains different criteria for various diseases and disorders and can be very different depending on whether you are a child or adult.

Under SSA's Listing of Impairments, bipolar disorder falls within Affective Disorders, section 12.04. In order to be disabled under section 12.04, part (a) and (b) must be met or the requirements under part (c).

Part (a) requires medically documented persistence of 1, 2, or 3:

1. Depressive syndrome characterized by at least four of the following:
a. Anhedonia or pervasive loss of interest in almost all activities.
b. Appetite disturbance with change in weight.
c. Sleep disturbance.
d. Psychomotor agitation or retardation.
e. Decreased energy.
f. Feelings of guilt or worthlessness.
g. Difficulty concentrating or thinking.
h. Thoughts of suicide.
i. Hallucinations, delusions, or paranoid thinking.
2. Manic syndrome characterized by at least three of the following:
a. Hyperactivity.
b. Pressure of speech.
c. Flight of ideas.
d. Inflated self-esteem.
e. Decreased need for sleep.
f. Easy distractibility.
g. Involvement in activities that have a high probability of painful consequences that are not recognized.
h. Hallucinations, delusions, or paranoid thinking.
3. Bipolar syndrome with a history of episodic periods manifested by the full symptomatic picture of both manic and depressive syndromes.

Part (b) requires medically documented persistence, either continuous or intermittent, of the abnormalities described in part A, resulting in at least two of the following:

1. Marked restriction of activities of daily living.
2. Marked difficulties in maintaining social functioning.
3. Marked difficulties in maintaining concentration, persistence, or pace.
4. Repeated episodes of decompensation, each of extended duration.

Part (c) requires a medically documented history of a chronic affective mental disorder lasting at least two years that has caused more than a minimal limitation
of your ability to do basic work activities, with symptoms or signs currently decreased by medication or psychosocial support and one of the following:

1. Repeated episodes of decompensation, each of extended duration;
2. A residual disease process that has resulted in such marginal adjustment that even a minimal increase in mental demands or change in the environment would be predicted to cause you to decompensate; or
3. A current history of one year or more of your inability to function outside a highly supportive living arrangement, with signs that you’ll continue to need such an arrangement.

Quick Blog Update

2010-03-19T08:44:00.000-07:00

I wanted to send out a quick note that Social Security Blog has changed its name to Illinois Social Security Blog. Since we are an Illinois law firm, we feel this relatively minor change more accurately aligns with our mission statement, which can be found at socialsecuritydefenders.com. As always, feel free to email us with any of your disability questions or comments. Stay tuned for our next blog post on receiving Social Security disability benefits if you are bi-polar.

Disability Onset Date in Subsequent Applications

2010-03-14T11:36:00.000-07:00

I recently read a very good article in the January edition of the National Organization of Social Security Claimants' Representatives (NOSSCR) Forum written by Peter Young that I think applies to many of my readers. The issue discussed in the article is when the alleged onset date should be in subsequent applications. In other words, if a claimant has been denied Social Security disability benefits previously and wishes to apply again, when should he or she allege disability. Since this is an issue that occurs over and over with my clients, I wanted to share most of the article with you below:

Question: What do you advise clients to allege as the alleged onset date in a subsequent application after an unfavorable determination? (A) Same as the previous application now on appeal? Or (B) The day after the unfavorable determination now on appeal?

Answer: As a basic rule, keep the "correct" onset date based on the medical facts. Stipulating to a later (and fictional) onset date can lead to exposure for you and harm to the client. We have all given in to an ALJ's pressure to amend the onset to a later date to obtain a partially favorable decision sooner, but review all potential side effects with your client and document your file.

(1) Impact on other benefits. Make sure the stipulation for a later onset does not harm the client's position in a companion claim for long term disability (LTD) or other disability benefits, e.g., union plans, worker's compensation.

(2) Worker's compensation reduction. Most workers have their best earnings in the years just prior to disability onset and benefit most from the "high one" calculation when facing a worker's compensation reduction. A delayed onset can move their best year of earnings beyond the reach of the calculation.

(3) Impact on PIA (benefit rate). Retroactive cash SSDI will be paid for the maximum 12 months where onset is fixed at least 17 months prior to the application date. However, a delayed onset stipulation can reduce the size of the retroactive lump sum and ongoing monthly benefits.

(4) Concurrent claims. When an ALJ is willing to pay an SSI claim, but wants a delayed onset after the date last insured in the companion Title II claim, accepting the later onset must never be accompanied by a stipulation to withdraw the Title II claim.

(5) Impact on COBRA eligibility. Qualified employees can keep their group health coverage beyond the usual 18-month COBRA extension for an additional 11 months, bridging the gap until the start of Medicare if: (a) disability onset is established by SSA as of a date that is no later than 60 days after the "COBRA qualifying event"-normally the end of employment, and (b) the Social Security determination is presented to the plan before the end of the original 18-month COBRA period. Consider requirement (a) before stipulating to a later date for disability onset.

I Just Hired A Social Security Disability Attorney, Now What?

2010-03-11T19:38:00.000-08:00

All over the internet you can find Social Security disability attorneys ready to help people with disabilities receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). One of the main reasons someone would want to hire a Social Security disability attorney is because of the increased likelihood of receiving disability benefits. There is no question that a disability attorney can significantly increase the chances of winning a disability claim. For this reason, I am a firm believer that the time to hire a Social Security disability attorney is when you decide you want to pursue disability benefits in the first place. Once a claimant hires a Social Security disability attorney, he or she has taken a major step in putting themselves in the best position to win their case. However, too often claimants mistaken the comfort of hiring a disability attorney to represent them with the idea that their own work in the process is done. This is far from the truth...

After hiring a Social Security disability attorney to represent you, their ability rests squarely in your hands. If you fail to inform your attorney of requests and notices from the Social Security Administration (SSA), your claim could get significantly delayed. For this reason, it is imperative to make sure that your attorney knows about any correspondence you have with the SSA. The same is true if you change addresses or phone numbers. Your attorney must be informed of these changes as soon as possible. Also, know that your attorney cannot create evidence for you. By this, I mean that you have to show up to your doctor's appointments and continue to build your medical record. No matter how good your attorney is, it will be very difficult to represent you without a medical record.

While a Social Security disability attorney can significantly increase your chances of obtaining SSDI or SSI benefits, effective representation can only happen with good communication. Let your attorney know whenever you are in contact with the SSA. Let your attorney know when there are changes in your medical condition(s). And, most importantly, do not be embarrassed to share your thoughts, questions, and concerns with the Social Security disability attorney you hired to represent you. They were hired specifically to be there for you and answer those types of questions. Although making the decision to hire a Social Security disability attorney to represent you will significantly help your case, remember that you have to play an active role in the process as well.

My Published Social Security Disability Articles

2010-03-07T17:18:00.000-08:00

I was surprised to receive three emails this week asking where the Social Security disability articles I've written can be found. Rather then emailing those people individually, I thought that I would write a blog post about it.

Once or twice a month I will write and publish Social Security disability articles on the internet. Normally, I write articles covering either a medical condition that I was working on while helping a client or a specific issue that I thought would be good to discuss and open up to the public for commentary. I enjoy helping others and am more than willing to write an article in response to any of your questions.

My articles can be found in numerous places on the internet. The main two places where you can find my articles are on the Social Security Defenders LLC website http://socialsecuritydefenders.com/articles.shtml or at http://www1.ezinearticles.com/?expert_bio=Aaron_Rifkind

Social Security Disability Review Process

2010-03-03T06:53:00.000-08:00

The following two similar questions were posted on my blog last week: "My husband is going to have his disability review after many years of receiving Social Security Disability Insurance (SSDI) payments, where can I go to find out more information about the review process?" and "Our primary physician lost our medical records, what can we expect to happen during our disability review?"

Before I answer those two questions, I think it is important to understand what a Social Security disability review is for and why the SSA has them. Once a claimant has gone through the long disability application process and is finally awarded SSDI or Supplemental Security Income(SSI) benefits, the disabled individual will begin receiving monthly payments from the Social Security Administration (SSA). Monthly payments will continue so long as the person remains limited by his or her conditions and is in fact disabled. The SSA will determine the status of the individual's condition by holding a "checkup." Those "checkups" are part of SSA's disability review.

(1) Where can someone find information about the SSA's disability review process?

The SSA has a great deal of information about the disability review process on their website. The SSA website answers commonly asked questions such as: How often will my medical condition be reviewed?; What happens during a review?; What if I disagree with the decision?; and What if I try to work? It should be noted that while the information provided by the SSA can be very helpful for those expecting to go through the disability review process, specific answers to your individual conditions will not be provided. The reason for this is because the disability review process is somewhat different depending on the individual's conditions. Depending on your condition, a disability review may be required every year or every six or seven years. Also, the extent of the medical records that need to be reviewed depends on the individual's condition and whether it was expected to improve or not. For specific questions relating to your condition and what can be expected at your disability review, it may be worth your while asking the SSA or a disability attorney.

(2) Our primary physician lost our medical records, what can we expect to happen?

This is a tricky scenario that I have personally never handled. I am still wondering how a primary physician could actually lose someone's medical records. However, if one of my readers is put in a similar situation it is important to know that the SSA has a lot of discretion how they will approach your case. If the SSA feels that they have received enough medical records from other clinics, hospitals, or physicians they may choose to make a determination on the evidence provided. Another option that the SSA could use is to send you to have a special examination. The SSA would then go ahead and give you the date and time for a no cost evaluation with a medical expert. In general, if your condition was expected to worsen and has, the SSA will review your case less frequently and have an easier time making a determination. If however, your condition was expected to get better and has, the SSA will need to go through the disability review process more frequently with you and typically in more detail.

Best February Social Security Disability Blogs

2010-02-28T08:21:00.000-08:00

For the fifth Best Social Security Disability Blogs of the month, there was a lot of competition in the month of February to make it to the Top 6. My favorite February blogs were:

What is A Medical Source Opinion in a Social Security Disability Claim? -Texas lawyer Bob Kraft on his P.I.S.S.D Blog

Failure to Follow Prescribed Medical Treatment -Maine lawyer Gordon Gates on Social Security Disability Lawyer Blog

Be Wary of Social Security Disability/SSI Advice Found on Disability Law Websites -Delaware lawyer Steven Butler on Delaware Disability Blog

Medical Records and Your Social Security Disability Claim -Illinois lawyer Aaron Rifkind on Social Security Blog

How going to school affects a Social Security disability benefits case? -Colorado lawyer Tomasz Stasiuk on the Social Security Insider Blog

Cancer and Social Security Disability benefits: Not as easy as you think -Florida lawyer Anthony Reeves on The LegalBEAT Blog

Medical Records and Your Social Security Disability Claim

2010-02-24T08:31:00.000-08:00

Medical records play an extremely vital role in an individual's Social Security disability claim. The Social Security Administration (SSA) will do everything they can to discover whether a claimant has any medical conditions that prevent him or her from performing substantial gainful activity. SSA will determine the severity of a claimant's conditions based on different types of medical records. Different medical records that are submitted in a disability benefits application include but are not limited to: your test results; any medications the person is on or has taken; the contact information for any doctors, clinics, or hospitals that you have visited; and any information that your doctors, clinics, or hospitals can provide. Below are three tips with medical records that will help you with you Social Security disability benefits claim.

(1) Be Prepared

Once you decide to apply for Social Security disability benefits, the SSA is going to need all of your medical records to process your claim. The more records that you can provide them with, the faster they will be able to make a decision on your claim. One of the biggest factors contributing to application delay is when the SSA has to request medical records from your medical providers. These medical record requests can significantly delay an application. For this reason, it is imperative that you have taken all of the necessary steps to be as prepared as possible when you sit down and decide to apply for disability benefits.

(2) Be Thorough

During the course of a disability benefits claim, an individual will be asked by the SSA numerous times to list and describe his or her pain and conditions. The SSA will require a claimant to discuss this information in different forms, over the phone, and at a hearing if the case reaches that point. Since medical information is so important to a claimant's case, it is vital to be as thorough as possible when responding to these inquiries. It is not enough for a claimant to say "I feel pain" or "my arm sometimes hurts" for example. In order give yourself the best opportunity to argue your case in the light most favorable, describe to the SSA in great detail how your condition(s) have played a detrimental role in your everyday life.

(3) Be Inquisitive

Even if you are both prepared and thorough with your medical records, that will often times not be enough to insure that you have done everything possible to help your disability benefits claim. Knowing what information your doctors, clinics, or hospitals are sending to the SSA on your behalf is just as important as having the information sent out. Often times your doctor, for example, will write the SSA stating that you are capable of doing activities that you cannot do. If you are not aware of what your doctor sent over to the SSA, you will have no way of correcting the doctor's report before a disability determination is made.

Medical records play a major role in determining whether a claimant will ultimately receive Social Security disability benefits from the SSA. For this reason, be prepared, be thorough, and be inquisitive throughout the disability application process.

SSA and Disability Update

2010-02-20T08:38:00.000-08:00

On December 16, 2009, President Obama signed an appropriations bill into law for the fiscal year 2010. As expected, the bill increased the Social Security Administration's (SSA) budget by 10%, providing a final appropriation of $11,446,500,000 for their administrative budget. There has been a lot of talk questioning how SSA would allocate their spending for the upcoming year. Obviously, the increase could be put into good use, considering the terrifying backlog of Social Security disability cases at ODAR and the significant increase in total disability claims.

The National Organization of Social Security Claimants' Representatives (NOSSCR) recently issued the latest SSA plans for 2010. The plans include opening 13 new hearing offices, 3 new satellite hearing offices, and another National Hearing Center in St. Louis, Missouri. Where are these offices planned to open? The following is a recent list in alphabetical order of the planned new hearing offices provided by NOSSCR:

*Anchorage, AK
*Phoenix North, AZ
*St. Petersburg, FL
*Covington, GA
*Topeka, KS
*Valparaiso, IN
*Livonia, MI
*Mt. Pleasant, MI
*Fayetteville, NC
*Akron, OH
*Toledo, OH
*Madison, WI

Satellite hearing offices opening:
*Ft. Myers, FL
*Boise, ID
*Harlingen, TX

No information has been provided giving an estimated time of completion for the expansive hearing office additions. However, once the hearing offices are created and running it is clear it will help reduce the national backlog of cases by providing more government employees to review claims.

A Father's Love For His Son

2010-02-17T10:22:00.000-08:00

I watched the video below yesterday and it is a truly remarkable tale of love and dedication between a father and son. It is the story of Rick and Dick Hoyt, a father and son team who have been an inspiration not just the disabled community, but for people everywhere. You will have to watch the video to see for yourself.

Shepherds College: A Post-Secondary Educational Program For Individuals With Disabilities

2010-02-15T17:40:00.000-08:00

In early January, I came across the Shepherds College Twitter page while reading a disability posting and immediately began following their program. Prior to discovering Shepherds College, I had never heard of a post secondary educational program designed specifically to help people with disabilities. Shepherds College is so unique that I almost immediately wanted to spread the word about their program. They were kind enough to make the following post on my blog:

For years Shepherds’ staff has continued to ask, “What more can we do for people with intellectual disabilities?” In response to this question, we discovered gaps in services to young adults with intellectual disabilities. Once they aged out of the public school system, they found few employment options open to them. Many floundered at home without purpose or direction. Their parents were equally confused and felt frustrated by the lack of information available to them.

Our solution was Shepherds College. Launched in 2008, the Union Grove, Wisconsin college was designed to help people with intellectual disabilities make a successful transition from school to work, and from home to independent living. We created a three-year program that centered on each student’s development of Appropriate Independence™ - a level of self-sufficiency that is aligned with individual strengths and guided by religious values. This program includes several important components: life skills training, specialty majors and spiritual formation.

Our Life Skills program covers areas such as daily living skills, functional academics, mobility skills and social skills. Students are equipped for successful performance in the workplace and acquire the ability to cultivate healthy relationships. Our residential campus is small and offers a very friendly and welcoming community.

Currently, we offer specialty majors in Culinary Arts and Horticulture. Our Culinary Arts students learn competencies in a wide variety of food service occupations from fast food to catering. The Horticulture students learn skills such as floral design, landscaping, and greenhouse plant production. No matter the major, each student will have learning experiences that will prepare them for work in jobs that really make a difference.

At Shepherds College, we know that each student was created on purpose, and for a purpose. It is our goal to nurture each student mentally, physically, intellectually and spiritually in order to find that purpose and grow to their fullest potential.

If you would like to learn more about Shepherds College, please visit our website at www.shepherdscollege.org.

Look For Healthy People 2020

2010-02-10T13:44:00.000-08:00

In my last blog post, I discussed the Centers for Disease Control and Prevention's (CDC) disturbing report analyzing the significant increase in the number of people with disabilities in the United States. In that report, the CDC found that nearly one in five adults reported having a disability. Although the amount of disabled individuals is alarming, something I questioned in the previous blog post was why there was not a finding explaining that increase. With the number of disabled individuals growing and a poor healthcare system in place, this begs the question, what is the government doing to improve the overall health of the citizens in this country? One answer to that question is the Healthy People 2020 initiative.

The Healthy People initiative was established in 1979 by the United States Surgeon General's "Report on Health Promotion and Disease Prevention, Healthy People." Upon its inception, Healthy People has set and monitored national health objectives to meet a very broad range of health needs. A new set of objectives is created every decade to account for changes in the health of the nation's citizens and affects all of the segments of the health care community including: treatment to numerous conditions, raised awareness activities, prevention, and community involvement. In order to improve its objectives, Healthy People seeks input from hundreds of health organizations, scholars, doctors, stakeholders, and communities across the country.

Healthy People releases their updated objectives every ten years. In early 2009, Healthy People released their proposed objectives for 2020, which included their goals, focus areas, and criteria for prioritizing objectives and can be viewed on their website at www.healthypeople.gov. Soon, they should be releasing their 2020 objectives along with their guidance for achieving the new decade's targets.

There are several brand new objectives that will be added to the 2020 initiative that are particular to people with disabilities. Under DSC HP2020-14, Healthy People 2020 will aim to "Reduce the proportion of people with disabilities reporting delays in receiving primary and periodic preventive care due to specific barriers." DSC HP2020-14 goes on to include difficulties accessing the provider, no transportation, and inability to afford services as the primary focus of this objective. Other objectives in the new 2020 initiative will include: "increase the number of U.S. master of public health programs that offer graduate-level courses in disability and health; reduce the proportion of older adults with disabilities who use inappropriate medications; and reduce the proportion of people with disabilities who report on non-fatal unintentional injuries that require medical care."

Healthy People 2020 is a broad set of objectives to improve the health care community over the course of the next decade. While it not a specific program that will immediately answer the problematic and sudden increase in the number of people who are disabled, it is something that should be reviewed by anyone conscious about the health system.

Adults With Disabilities On The Rise

2010-02-08T09:31:00.000-08:00

The Centers for Disease Control and Prevention (CDC) recently released a disturbing report about the number of people with disabilities in the United States. According to the report, more than one in five American adults is reporting that they have a disability. While the CDC does not give an age range for any of its figures, nor does it specify the difference between reported versus unreported cases, it does indicate that the number of adults that reported having disabilities grew 3.4 million between 1999-2005.

The enormous growth in the number of adults with disabilities has reached a staggering 22% of the population. The most common complaints according to this report are rheumatism, heart disease, arthritis, and back and spinal problems. The CDC report also found that approximately 24.4% of women reported having disabilities compared with 19.9% of men, regardless of age. What the CDC report failed to specify on was why the number of adults with disabilities has grown so rapidly in recent years. Other articles on their website, which can be found at http://www.cdc.gov, describe the vast increase due in part to the aging baby boomer generation and the American diet. However, there was no real data to explain the reason for the significant increase in the number of disabled adults in the U.S. Stay tuned for my next blog post, which will discuss the Healthy People 2010 objectives for helping improve the lives of those in the disabled community.

Best January Social Security Disability Blogs

2010-02-06T12:36:00.000-08:00

For the fourth Best Social Security Disability Blogs of the month, there was a lot of competition in the month of January to make it to the Top 6. My favorite January blogs were:

Comparison of Denial Rate of Social Security Judges -Texas lawyer Bob Kraft on his P.I.S.S.D Blog

SSA Reports Improvement in Processing Disability Claims through New Health Information Network -Freedom Disability on Freedom Disability Daily Blog

Importance of Specialist Care When Experiencing Chronic Pain -Delaware lawyer Steven Butler on Delaware Disability Blog

Disability Technology Update -Illinois lawyer Aaron Rifkind on Social Security Blog

Can adopted children receive Social Security benefits because of parents disability? -Colorado lawyer Tomasz Stasiuk on the Social Security Insider Blog

Immigrant gets prison time for stealing from the SSA -Atlanta lawyer Jonathan Ginsberg on his Social Security Disability Blog

Drug Addiction and Alcoholism: The 6th Step of the Five Step Disability Evaluation Process

2010-02-05T11:18:00.000-08:00

Products For Children With Special Needs

2010-01-06T18:11:00.000-08:00

In the spirit of the holiday season, this post attempts to answer a very unique question sent in by Jennifer from Boston regarding shopping for children with special needs. She asked, "Do you know of any kind of rating system that can make it easier for me to know what gifts to buy a very young girl with autism?"

To answer Jennifer's question, the National Lekotek Center has created what they call the AblePlay rating system for individuals with special needs. There are so many toys out there that it can be daunting to try to find the right one even for your own child. To help parents, special educators, therapists and others make the most informed toy purchase, AblePlay has created a rating system that measures each toy's cognitive, sensory, communications, and physical ability level. You can go on the AblePlay website and create a toy search based on the special needs and abilities of the child. To answer Jennifer's specific question, when I conducted a search for toys for children with autism, several games came up including: Milton Bradley's Candy Land, Melissa & Doug Locks & Latches Board, Fundex What's in Ned's Head?, and many others. AblePlay is a great tool that can be used to pair up each child's ability with the appropriate toy.

Disability Technology Update

2010-01-03T09:37:00.000-08:00

For anyone who has an arm, wrist, or hand condition typing on a computer keyboard can be a frustrating and difficult experience. Typing requires a combination of different muscle movements and continuous motion that can place a significant amount of stress on the user. The keyboard can also prove to be difficult for people with autism, as the different quick movements required to type words can prove to be distractions that lead to cognitive confusion. To make keyboards easier to use, Blue Orb, Inc. has recently come out with what they call Orbitouch, a keyless computer keyboard. While computer keys require a range of muscle movements, the Orbitouch has two domes that slide in different directions enabling the user to type without actually pushing any buttons. Blue Orb published the video below two weeks ago and has already played a significant role in making computers more accessible for all users. For those who have difficulty accessing the video, feel free to view it here http://bit.ly/7qdSYW

Best December Social Security Disability Blogs

2009-12-30T05:47:00.000-08:00

For the third Best Social Security Disability Blogs of the month, there was a lot of competition in the month of December to make it to the Top 6. My favorite December blogs were:

Parkinson's Disease and Social Security Disability -Texas lawyer Bob Kraft on his P.I.S.S.D Blog

Social Security Disability Problems -Tim Moore on My Disability Blog

Importance of Healthcare Debate for Social Security Disability Applicants -Delaware lawyer Steven Butler on Delaware Disability Blog

How Does the Social Security Administration Determine Whether Someone With Autism Is Disabled? -Aaron Rifkind on Social Security Blog

How much will the expenses be in a Social Security disability case? -Colorado lawyer Tomasz Stasiuk on the Social Security Insider Blog

Q&A: Who is responsible for calling upon and compensating the Medical Expert witness? -Atlanta lawyer Jonathan Ginsberg on his Social Security Disability Blog

Residual Functional Capacity And Your Disability Claim

2009-12-27T09:03:00.000-08:00

Lots To Be Thankful For, Happy Holidays!

2009-12-23T17:31:00.000-08:00

I want to thank everyone who emailed me and posted encouraging responses to my previous blog post, "Mike Phillips: One Thumb To Rule Them All." I also want to be clear that while I made the blog post, it was Mike who went through the time and effort to create the video. Mike's remarkable endeavors, including becoming a master video game player, while having spinal muscular atrophy, is truly an inspiration for everyone. Mike's story is a clear example of overcoming the odds against you to succeed in life.

With the holiday season in motion and after reading everyone's responses to my previous blog post, I just want to say that this truly is a season to be thankful. It is easy to get caught up in the pressures and complexities of every day life and to forget that just being alive is a blessing. Being able to spend the holidays with family and loved one's is something to cherish. Since my next blog post won't be until Sunday, I want to wish everyone happy holidays from us at Social Security Blog!

Mike Phillips: One Thumb To Rule Them All

2009-12-20T14:29:00.000-08:00

Mike Phillips is a video gamer and technology writer with spinal muscular atrophy. Spinal muscular atrophy is a neuromuscular disease that results in muscular atrophy, ranging from mild weakness to complete loss of mobility. In Mike's case, he has suffered near total loss of all mobility. Despite his limitations, with the combination of strong determination and the latest in computer motion technology he has been able to overcome all odds and inspire many individuals on his path to developing into a master video game player with the use of just one thumb.

Ticket to Work Article Reaches 10,000 Hits, Improved Awareness Or Dire Economy?

2009-12-16T14:11:00.001-08:00

On September 23rd, 2009, I published a piece on the Article Alley article directory website entitled, Don't Forget Your Ticket to Work.
"Don't Forget Your Ticket to Work" reviewed the government sponsored Ticket to Work program, which was originally set up to reduce many of the barriers that were originally created to stop people with disabilities from working. The goal of the program is to increase opportunities and choices for Social Security disability beneficiaries to obtain employment, vocational rehabilitation, and other support services from public and private providers, employers, and other organizations. Other then reviewing the different components of the government sponsored Ticket to Work program, the article also postulated that most Social Security disability lawyers, claimants representatives, and disabled individuals have never heard of the program. The problem with these individuals not being aware of the program is that it increases the likelihood of numerous people with disabilities missing out on many wonderful job opportunities that could otherwise be made available to them.

Since the article was published, I have consistently attempted to spread the word about the Ticket to Work program. Through the use of both Twitter and my Social Security Blog, "Don't Forget Your Ticket to Work" has astoundingly amassed over 10,000 hits in approximately three months. To give you an idea of just how many hits that is, an article on the Article Alley website entitled, "10 Tips to Succeed in the USCIS Marriage Interview, which was published more than a year ago, ranks fifth on the site and has less than half that amount. The amount of hits my article has received in a short amount of time begs the immediately question, how did this happen?

To answer the question of how my article reached 10,000 hits so quickly, I've come up with two possible solutions: more people are now aware of the Ticket to Work program or the dire economy is playing a major role in attracting people to my article. The first reason why my article could be receiving so many hits is because more people want to know about the Ticket to Work program. In the last three months, eight people have emailed me and three people have called me trying to either learn more about the program or find out how they could participate in it. However, eleven total contacts is no where near the 10,000 hits the article has received. Another possible solution is that the dire economy has attracted an entirely different audience to the article. The title "Don't Forget Your Ticket to Work," can easily be interpreted to be a resource for individuals looking for job placement. The Bureau of Labor Statistics has recently reported the national unemployment rate to be slightly over 10% and the amount of individuals looking for job placement online is at an all-time high.

Regardless of the reason why my article has amassed over 10,000 hits, the main reason why I wrote the article and am currently making this post is to spread the word about the Ticket to Work program. The Ticket to Work program costs nothing to participate in, it is absolutely free. In many cases, participating in the program will provide you with meaningful and fulfilling employment and not diminish your current disability benefits. I implore anyone who reads this post to spread the word about the Ticket to Work program. Hopefully, in another three months there will be many new blog posts and tweets describing and discussing the program.

How Does the Social Security Administration Determine Whether Someone With Autism Is Disabled?

2009-12-13T07:37:00.000-08:00

Autism is a severe developmental disorder affecting both social interaction and communication and usually begins at birth or within the first two and a half years of life. In its early stages, autism shares many of the same behaviors as Pervasive Developmental Disorder (PDD) and Asperger's Syndrome and can be difficult to diagnose since the majority of children with autism appear to be physically normal. In fact, when the baby boomer generation were still teenagers, autism occurred in approximately five children per 10,000 live births. Today, numerous studies have reported that number closer to one in 150 children diagnosed with autism. With autism steadily on the rise, it is important to know how the Social Security Administration (SSA) determines whether your child is disabled by autism.

SSA has a Listing of Impairments that must be met for someone to be considered disabled. Although meeting a listing can improve your disability claim, its worth noting that failing to meet the criteria under the listing does not necessarily result in the denial of your autism disability claim. The Listing of Impairments contains different criteria for various diseases and disorders and can be very different depending on whether you are a child or adult.

Under SSA's Listing of Impairments, autism falls within Mental Disorders, section 112.10. Requirements specified in both part A and part B of Section 112.10 must be satisfied before the child can be deemed as autistic under SSA law. Part A has three different requisites, all of which must be met for the autistic child to qualify for disability. The first requirement is that there are qualitative deficits in the development of reciprocal social interaction. In other words, the child must have a deficiency or lack of desire to interact with peers. The focus here is on both the ability and the desire to interact. The second requirement is that there are qualitative deficits in verbal and nonverbal communication and in imaginative activity. There is a wide range of deficits that can occur under this requirement, but the main focus is on whether the child's disorder makes it difficult to express themselves. The third requirement under Part A is that the child exhibits a markedly restricted repertoire of activities and interests. Once again, all three of these requirements must be met.

Section 112.10(B) must also be met to be disabled and the rules are dependent on the age of the individual. Part B holds "For older infants and toddlers (age 1 to attainment of age 3), resulting in at least one of the appropriate age-group criteria in paragraph B1 of 112.02; or, for children (age 3 to attainment of age 18), resulting in at least two of the appropriate age-group criteria in paragraphs B2 of 112.02." SSA Listing of Impairments.

Under Part B, children between the ages of 1-3 must show records of at least one of the following: (1) Gross or fine motor development at a level generally acquired by children no more than one-half the child's chronological age, (2) Cognitive/communicative function at a level generally acquired by children no more than one-half the child's chronological age, (3) Social function at a level generally acquired by children no more than one-half the child's chronological age, and (4) Attainment of development or function generally acquired by children no more than two-thirds of the child's chronological age in two or more areas covered by 1, 2, or 3.

Also under Part B, children between the ages of 3-18 must show records of at least two of the following: (1) Marked impairment in age-appropriate cognitive/communicative function, (2) Marked impairment in age-appropriate social functioning, (3) Marked impairment in age-appropriate personal functioning, and (4) Marked difficulties in maintaining concentration, persistence, or pace.

All About Autism

2009-12-09T14:43:00.000-08:00

I wanted to make a post discussing autism, but instead I came across a really informative video piece by Comcast Newsmakers on the subject I wanted to share with you. The video is an interview with Jean Ruttenberg, the Executive Director of The Center for Autism and discusses what autism is, how to recognize whether your child has it, and what is being done in the field to help those diagnosed with it. Below is the video. If you can't access the video, feel free to click here http://www.youtube.com/watch?v=J3rG8dh2y_w. Stay tuned for next week's post on "How the SSA Determines Whether Someone With Autism is Disabled."

i-Limb Disability Technology Update

2009-12-06T10:26:00.000-08:00

In June, 2009, Touch Bionics, a Scottish technology company, first launched the i-Limb in India. The i-Limb uses innovative nerve sensory technology that allows the individual using the prosthetic limb to sense touch, pressure, and control every aspect of its use and motion. Once electrodes are placed over the individuals muscle tissue, the muscles give off myo-electric signals from the brain controlling the i-Limb. Since its debut, Touch Bionics has sold over 700 of the hands alone and is currently shipping to over 30 different countries. The exciting and revolutionary technology has only recently made a splash in the United States, but it has already greatly improved the quality of the lives of countless disabled Americans. While some critics question the price of each i-Limb, there is no doubt that Touch Bionics is positively influencing the disabled community. Below is a video demonstrating the use of this technology...

Did the Administrative Law Judge Commit Bias?

2009-12-02T06:25:00.000-08:00

I was reading the September issue of NOSSCR and came across an interesting article discussing possible bias in the courtroom during a Social Security disability case. The disability claim focused on whether the claimant would qualify as disabled under section 12.05C of the Listing of Impairments, Mental Retardation. 12.05C addresses whether an individual's verbal, performance, or full scale IQ is between 60-70 and if there is any other physical or other mental impairment imposing additional and significant work related limitation of function. Information on this listing can be found at SSA's Listing of Impairments.

During the claimant's trial, the Administrative Law Judge (ALJ) made the following statement:

"And I'll tell you my thinking about this just so we're on the same page. Mentally retarded people can hold jobs. They need a little more structure, they need somebody to remind them to get them up every morning and appropriately cleaned and dressed and to get them there, but once they're there, you know, if the environment is structured and they have a little lunch pail they should be able to get there and, you know, they can be taught to get to someplace, either they can be dropped off, I've seen them on the bus, you know." Listing 12.05C-Possible ALJ Bias. NOSSCR. Volume 31, Number 9, September 2009, Page 8.

The government tried to argue that "the ALJ's statements were merely intended to illuminate the reasons why an additional limitation is required in finding a mentally retarded person to be disabled." On the other hand, when the issue of bias was brought to court it was found that "the statements are also suggestive of possible bias on the ALJ's part." Listing 12.05C-Possible ALJ Bias. NOSSCR. Volume 31, Number 9, September 2009, Page 8.

My question for my readers is whether you feel that in general the ALJ demonstrated bias in his in court comments? Please feel free to respond in the comments section below.

Best November Social Security Disability Blogs

2009-11-29T06:16:00.000-08:00

For the second Best Social Security Disability Blogs of the month, there was a lot of competition in the month of November to make it to the Top 6. My favorite November blogs were:

Protective Filing Dates -Jeffrey Delott on I want My Disability Blog

Social Security Disability, Reporting Earnings, and Subsidized Work -Tim Moore on My Disability Blog

Impact of High Administrative Law Judge Denial Rates on Disabled Delaware Residents -Delaware lawyer Steven Butler on Delaware Disability Blog

Social Security Disability-A Brief History -Seth Bostock in his Disability Law Solutions Blog

How Does the Social Security Administration Determine If Someone Is Blind? -Aaron Rifkind on Social Security Blog

When Does Social Security Review Cases For Premature Babies? -Colorado lawyer Tomasz Stasiuk on the Social Security Insider Blog

Autism Technology Update

2009-11-25T18:16:00.001-08:00

Dr. Cory Hebert has been implementing a very new technology to help autistic children learn to speak and express themselves at the Hope Technology School in Palo Alto, California. The Augmentated Assistive Communication Devise, also called the Light Writer, helps children with autism communicate by using a touch pad computer and voice recognition software to allow them to hear their own voice in coherent sentences, often for the very first time. The devise has thus far greatly affected the autistic community in a very positive way. For more information visit Hope Technology School. Below is a video sample of Dr. Hebert's technology.

Is the SSA's Reported Backlog Of Cases Accurate?

2009-11-22T05:09:00.000-08:00

In September, I wrote a blog post entitled The Terrifying Backlog At ODAR. In that post, I briefly discussed SSA's plan to reorganize the ODAR headquarters to reduce the enormous backlog of Social Security disability cases in the pipeline. The backlog was mind boggling with some areas of the United States having to wait almost 700 days on average for a disability hearing. The Deputy Commissioner stated that the backlog is as big as it is because we're both in a recession and there is a high viability of baby boomers being prone to disability. The question I have is what cases actually constitute as part of the backlog and not simply pending cases and more specifically, are the numbers that ODAR released accurate or are they much larger than anticipated?

To understand my question, it is important to know how ODAR determines what cases are part of their backlog. ODAR calculates their backlog by taking the total number of pending cases in their system and subtracting the optimal number of pending cases. The total number of pending cases is all the cases in the system that are awaiting a hearing, a claimant's day in court. The optimal number of pending cases is somewhat more complex to determine.

Every year, SSA takes a look at the total number of pending cases in their pipeline and asks the question, how many cases should the Administrative Law Judges (ALJ) throughout the country be hearing that year. Although intuitively you would think an ALJ would hear a similar number of cases each year, in actuality, the number varies greatly. According to a U.S Government Accountability Office (GAO) report in September 2009, the optimal number of cases for fiscal year 2008 was 466,000. That same report mentioned that the optimal number from 1999-2006 was 300,000.

The optimal number of cases has steadily increased, as a result of both a total increase in pending cases and the desire for ALJ's to hear more to reduce that number. Yet, for all the desire to increase the total number of cases each ALJ hears in a given year, they have failed to meet that target number in recent years. While ALJ's are failing to meet their optimal number of cases heard annually, the backlog actually increases. Using this logic, it would then seem that the actual backlog at ODAR is much higher than the reported amount by ODAR.

Lupus Information, Part Two

2009-11-18T16:36:00.000-08:00

Systemic lupus erythematosus (SLE), commonly referred to as lupus, is an irregular and unpredictable disease that can affect any part of the body. In my previous post, I discussed the wide range of symptoms that can signal that someone has lupus. As one of my readers accurately pointed out, I failed to mention which of those symptoms would qualify an individual as disabled by SSA and thus eligible for Social Security disability benefits. Since lupus takes many forms and results in a wide array conditions, that is a somewhat difficult question to answer. However, below is a review of what SSA will look for when evaluating your lupus claim.

Lupus is a disease that falls under the Immune System Disorders category of SSA's Listing of Impairments. The Listing contains the different criteria for various medical conditions and diseases in order to be considered as disabled. Although meeting a listing can boost your disability claim, it should be noted that failing to meet the criteria under the listing does not necessarily result in the denial of your claim.

Lupus is at 14.02 Immune System Disorders of the Listing of Impairments. 14.02 points to two different ways someone with lupus meets the listing. The first listing can be met if the individual with lupus has two or more organs/body systems affected: "1. One of the organs/body systems involved to at least a moderate level of severity; and 2. At least two of the constitutional symptoms or signs (severe fatigue, fever, malaise, or involuntary weight loss)." See SSA Listings. While any system of the body can be affected by lupus, it is worth noting that the most common two are the musculoskeletal and integumentary systems.

Another way someone with lupus can meet the listing is by demonstrating repeated manifestations of the disease with at least two of the constitutional symptoms or signs and one of the following at the marked level: "1. Limitation of activities of daily living, 2. Limitation in maintaining social functioning, 3. Limitation in competing tasks in a timely manner due to deficiencies in concentration, persistence, or pace." See SSA Listings. Under this listing, strong medical evidence could be the key in establishing your case and specifically demonstrating those limitations. This is especially true for those whose symptoms are not readily observable.

I hope this general information clarifies my first Lupus Information post. For more information on lupus, feel free to go to the Listing of Impairments on the SSA website above.

Lupus Information

2009-11-15T15:52:00.000-08:00

Systemic lupus erythematosus (SLE), commonly referred to as lupus, is a chronic autoimmune connective tissue disease that can perturb any part of the body. The disease is often irregular, alternating between periods of illness and remission and can be completely unpredictable. Not only is the illness unpredictable, but so are the symptoms. Unlike many diseases that come with specific warnings of contraction, signs of lupus can be as simple as unusual fatigue, pain in the joints, or a fever. Yet, while some signs are fairly ordinary, others can have an immediate disabling impact on the individual. Although there are numerous treatments for the disease, currently there is no cure for lupus.

Recently, while reading the latest post on Tomasz Stasiuk's Colorado Social Security Law Blog I came across a video on the blog sponsored by the S.L.E. Lupus Foundation that really delves into the lives of several individuals with lupus. I learned a lot from the video and wanted to share it with you.

How Does the Social Security Administration Determine If Someone Is Blind?

2009-11-11T16:38:00.001-08:00

The Social Security Administration (SSA) has a very structured method of determining whether someone is disabled. SSA will find an individual disabled if he or she meets the five step Social Security disability evaluation process. The five step Social Security disability process includes: (1) Are you performing substantial gainful activity; (2) Is your condition severe; (3) Does your condition meet or exceed a listed impairment; (4) Can you do previous work; and (5) What work can you do? If someone meets all five of the steps of the evaluation process, then that person will be adjudicated as disabled and accordingly receive disability benefits. For someone with low vision or macular degeneration for example, that person would need to meet the five step standard in order to be classified as disabled. However, the Social Security disability program for blind claimants is unique and has somewhat different rules then the regular program.

The rules for being considered blind by SSA are somewhat different from the regular five step process. For SSA to find someone blind, that person would have to meet the medical definition of blindness, durational requirement, be insured, and to not have obtained their loss of vision through certain felony related impairments.

Step One: What does it take to be blind?

An individual has to meet a specific medical definition of blindness. The SSA defines blindness by statute and requires a central visual acuity of 20/200 or less in the better eye with best corrective lens or a field of vision of 20 degrees or less. 20 CFR 404.1581. In other words, if the better of your two eyes has worse vision than 20/200, you will meet the statutory definition of blindness. Unlike regular Social Security disability claims, an individual cannot merely equal the requirement under the third step of the five step evaluation process. The person's vision must be less than 20/200.

Step Two: What is the durational requirement?

Even though your vision in your better eye may be worse than 20/200, you still will not be legally blind if you do not meet the durational requirement. An individual's blindness is expected to last continuously for a 12 month period. Five months of loss of vision will not meet the durational requirement nor will five months of on and off loss of vision. If the individual's better eye is less than 20/200 and has continuously met that requirement for 12 months, then the first two steps have been met.

Step Three: What does it mean to be insured for disability purposes?

The typical disability claimant must have contributed a certain amount of money for a specified time to qualify as insurable for disability purposes. However, blind claimants have no recent work requirement.

Step Four: Is a felony-related loss of vision considered?

SSA will not consider any aggravation of a preexisting impairment arising during the commission of a felony after October 19, 1980, if you are subsequently convicted of the crime. In other words, if you lost your vision do to being poked in the eyes, burned, or any other activity related to your commission of a crime and are subsequently convicted, SSA will invalidate your claim.

If an individual has met these different steps, SSA should find that you are legally blind. It is important to note that even if you do not meet these steps, you can still apply for regular disability benefits through the five step Social Security disability evaluation process.

Bullying and Disabilities

2009-11-08T07:26:00.000-08:00

I drove passed a middle school near my home in Chicago a few days ago and from a distance witnessed what appeared to be two boys picking on a young girl who had her leg in a caste in the school playground area. When I arrived home, I reminisced my childhood middle school years and really wondered how much different it would have been had I had some form of a disability. I thought it was easy to get picked on as a middle schooler even if you were perfectly healthy.

It turns out that over 8/10 disabled children face bullying and different forms of intimidation. In fact, a survey by Mencap of over 500 children with learning disabilities across the United Kingdom revealed that 58% had been physically hurt by bullies. Many of those injured by bullying have been hurt repeatedly for up to three years.

I completely agree with the article Eight Out of Ten Disabled Children Bullied and its call to action from global governments to recognize bullying as a serious form of prejudice. The author of the article, Anthea Lipsett, points out that the government should "be producing guidance for schools, children's service and youth organizations on how to tackle disabled bullying." In other words, next time I drive by the middle school near my home, I could only hope that there is a program in place to educate, control, and hopefully prevent such bullying activity.

One program that has been in place for several years now is the Speak Up campaign in Scottland. The campaign has attempted to educate local schools on how to deal with protecting special needs children from being bullied. Below is one of their videos demonstrating the severity of the bullying of children with special needs that takes place in schools from all over.

Review Your Social Security Statement

2009-11-03T21:57:00.000-08:00

"Social Security is going to run out in the next twenty years." "Social Security is the biggest ponzi scheme ever created." "Social Security is something no one needs to think about since it doesn't really affect us."

Chances are, most of you have heard of at least one of these statements in your lifetime. In fact, you probably agree with at least some of those overly broad statements. Regardless of what any of your views are, one thing is clear, whether you like it or not 6.2% of every paycheck you receive while working will go directly into the OASDI program. Over time, the amount that is taken out of your paychecks add up to thousands of dollars. Especially in a prolonged recession, because so much money is at stake it is imperative that we pay attention to what our money is going into. Like any major investment, everyone should know what they are investing in and what the estimated end result will be. This article will answer what a Social Security Statement is, who can receive it, what the Social Security Administration (SSA) says about it, and specifically, what you should not forget to think about when reviewing your Statement.

Who receives a Statement?

SSA will automatically send you a pamphlet entitled, "Social Security Statement" several months before your birthday each year if you are at least 25 years old. If you have not received your statement and want one, you can request one from SSA and they will mail one out to you.

What is your Social Security Statement?

Your Social Security Statement is a very easy to read document containing a record of all of the money that you have paid into Social Security during your lifetime. The statement breaks down the money you put into the program each year and gives you a summary of your estimated benefits that you and your family may receive. Your estimated benefits are divided into four sections: retirement, disability, family and survivors, and medicare. The amount shown on your statement under each section indicates what your benefit would be if you were to receive them at the time you received your Statement. If you want to receive your benefits, you have to have been adjudicated as disabled, be at least 62 years old, or be 67 years old to receive your full retirement age benefits.

What does SSA have to say about reviewing your Statement?

The SSA website points to three important reasons why it is necessary to review your Statement, they are: (1) the Statement can play an important role in your financial planning, (2) it can help make sure your reported earnings an other information are correct on record, and (3) the general information on the Statement tells you about all the protection you are earning under the program. For more information on why SSA believes you should check your Statement, visit http://www.ssa.gov/mystatement.

What should you not forget to do when reviewing your Statement?

Do not forget to do the following: make sure that your name, Social Security number, and earnings from each year that you worked are reported correctly; note the different amount you will receive depending on when you decide to receive benefits; know how your assumed future earnings were calculated; and finally, make sure that you understand that your earnings history may not include certain income you received that was not subject to payroll taxes.

Having A Disability On Halloween

2009-11-01T06:15:00.000-08:00

Any way you look at it, Halloween is one of the most exciting days of the year for a child. Children become heroes and villains, princes and princesses, or any other thing or person that they desire. They then run amok, visiting numerous houses seeking what almost all kids desire, candy. Regardless of one's race, sex, or religion Halloween is a day that every child looks forward to. For this reason, it is imperative that everyone is included on this special day, which can sometimes feel difficult if your child has some form of a disability.

Yesterday, I read a very useful article on this subject by Jessica McFarlane, entitled Halloween Activities For Children With Disabilities. In her article, McFarlane points out that your disabled child does not need to feel left out on Halloween. McFarlane states that as a parent, there are several different ways you can make Halloween more fun for your child including:

1. Visit a mall during Trick or Treat hours with your child as most malls are accessible to everyone.

2. Be creative. The onus should be on the parent to help their child feel part of
Halloween and can be done by dressing up wheelchairs, walkers, and other devices. An example is the Darth Vader costume in the picture above.

3. Visit Halloween parades. As McFarlane points out, they can be fun to watch and children can participate in them.

4. If your concerned that your child will be unable to participate outside, then go ahead and bring the party inside. Have a Halloween party at your house and invite all of your child's friends to come.

5. Many zoos have Halloween Trick or Treat times and are accessible to everyone.

6. Look up any other interesting and exciting places to take your child that may make the experience easier for him or her to access and participate in.

McFarlane's point in her article should be clear, that having a disability on Halloween should not stop your child from having a good time. Halloween is a day that every child should participate in. Through a little extra effort and creativity, a parent can find that they can really help make Halloween a special day for their child, regardless of whether they have a disability or not.

Best October Social Security Disability Blogs

2009-10-28T07:23:00.000-07:00

For the very first Best Social Security Disability Blogs of the month, there was a lot of competition in the month of October to make it to the Top 6. There were several new blogs created this month and lots of new faces in the world of legal blogging. My favorite October blogs were:

Addison's Disease and Social Security Disability -Dallas lawyer Bob Kraft on the firm's P.I.S.S.D. Blog

How Does Social Security Figure Out What You Should Pay Your Disability Attorney -Tim Moore on My Disability Blog

Onset Date Language For Medical Source Statements -Maine lawyer Gordon Gates on Social Security Disability Lawyer Blog

Social Security Told Me Not To Bother Appealing My Disability Case -Colorado lawyer Tomasz Stasiuk on the Social Security Insider Blog

What Is The Five Step Social Security Disability Evaluation Process? -Aaron Rifkind on Social Security Blog

The WRONG Answers To The Question: Why Can't You Work -Atlanta lawyer Jonathan Ginsberg on his Social Security Disability Blog

Clarification on the Ticket to Work program

2009-10-25T08:57:00.001-07:00

I have received several email inquiries and online informational requests from people who have read my "Don't Forget Your Ticket To Work" article at http://www.articlealley.com/article_1110367_18.html requesting help obtaining meaningful and fulfilling employment. Due to some confusion, I wanted to clarify some key points about the Ticket to Work program.

1. The Ticket to Work program is voluntary, you are not required to participate in the program.

2. In order to be eligible for the program, you have to ALREADY be receiving Social Security disability benefits. In other words, if you are receiving SSDI or SSI payments you can participate in the program.

3. The program is FREE of charge

4. You must be a legal United States resident to participate in the program

5. Ticket to Work can be found at www.ssa.gov/work

6. There are over 12 million people receiving SSDI or SSI benefits and while over 90% of those surveyed say they would like to go back to work within five years, less than 0.5% actually go back to work.

Most Against Another $250 Payment to Seniors-US News

2009-10-21T13:06:00.000-07:00

Last Wednesday, President Barack Obama urged Congress to approve $250 cash payments to over 50 million seniors. The push by the President is in part an attempt to make up for the failure to increase Social Security in 2010.

In a speech backing the proposal, President Obama stated, "Even as we seek to bring about recovery, we must act on behalf of those hardest hit by the recession. This additional assistance will be especially important in the coming months, as countless seniors and others have seen their retirement accounts and home values decline as a result of the economic crisis."-Yahoo! News

Since the proposal hit mainstream media, numerous blogs and articles have been written both supporting and criticizing the proposal. Critics argue that seniors already have protection from price inflation and don't merit special help, especially considering the state of the current economy, despite the failure to increase Social Security benefits next year. Proponents seem to argue that seniors could really use the extra money after the majority have incurred diminishing retirement funds throughout the year. For more on the discussion whether the President's proposal is sound, visit US News online at http://www.usnews.com/money/blogs/the-best-life/2009/10/20/most-against-another-250-payment-to-seniors

Clarification on Residual Functional Capacity

2009-10-18T08:50:00.000-07:00

In my last blog post, "What is the Five Step Social Security Disability Evaluation Process?," I had mentioned that the SSA tries to determine whether an individual can do his previous work in step four of the evaluation process. In order to determine if you can do your previous work, the SSA evaluates what your Residual Functional Capacity (RFC) is. RFC is the most work that you can do despite any of your limitations.

A few minutes after I had made the post, Ryan from Boston, Massachusetts asked me whether the SSA distinguishes the type of work that can be done. Ryan asks a very good question and there are actually four different categories of work that SSA recognizes: heavy work, medium work, light work, and sedentary work. It is worth noting that there is sometimes a fifth category that is recognized for very heavy work, however, this category is scarcely used and is not something I will be going over.

If you can work at a job where the work is classified as heavy, it will be extremely difficult for you to be adjudicated as disabled. Heavy work is defined as lifting "no more than 100 pounds with frequent lifting or carrying of weights up to 50 pounds." Heavy work involves lots of movement, heavy lifting, and very little sitting.

Medium work is defined as "lifting no more that 50 pounds with frequent lifting or carrying of weights up to 25 pounds." Someone who is performing a job that involves medium work does a lot of walking, lifting, and moving around. The tasks can be difficult and involve a significant amount of lifting. An example of medium lifting could include moving medium sized boxes in a retail store.

Light work is defined as "lifting no more than 20 pounds with frequent lifting or carrying of weights up to 10 pounds." Light work could involve standing and walking and usually involves a lot of hand and arm movement. Shuffling lightweight retail items would be an example of light work activity.

Sedentary work is defined as "lifting no more than 10 pounds no prolonged standing and walking." Sedentary work typically involves mostly sitting and although it could involve standing, it would be only occasionally. Lifting in this category might include filing, lifting small objects like staplers or folders, or any other basic very light objects.

When a claimant is at a hearing, once the court gets to the fourth step of the five step evaluation process, you can count on being evaluated based on where you fit in these four work categories. When you hear a Judge asking you questions like "how much you can carry?" or "how long can you stand?" you can be sure that you are being evaluated on the fourth step of the evaluation process. The lower on the work level you are classified, the better the chances the Judge will find you disabled.

What is the Five Step Social Security Disability Evaluation Process?

2009-10-17T08:23:00.000-07:00

What is the five step, sequential Social Security disability evaluation process? The five step Social Security disability evaluation process is what your attorney or claimants representative needs to argue in order to win your disability benefits claim. The five step, sequential process is argued the same for every disability claim and is as follows:

Step One: Are you working? Are you performing SGA?

If your earnings average more than $980.00 per month gross, then the Social Security Administration will consider you as working at a Substantial Gainful Activity (SGA) level and will not find you to be disabled. Even if you have a disabling condition, if you are working at a SGA level, you will not be considered to be disabled by the SSA. It is important to note that the income that is counted for this step is from your actual wages.

Step Two: Is your condition "severe"?

The SSA will consider your impairment or combination of impairments severe if it interferes with basic work related activity. Your impairment or combination of impairments must be severe enough to last for at least a twelve month period.

Step Three: Does your condition meet or exceed a listed impairment?

If your injury or impairment is severe enough to meet the requirements of a listed impairment you will meet the third step of the Social Security evaluation process. The SSA issues the "Blue Book," a list of impairments that specifically details the severity an impairment needs to be considered disabling. Not only are the listings very specific and detailed, but it is very difficult to actually fit into one of the listings. SSA will look at your impairment and if it does not meet the required listing, they will then determine if your condition is equal to the severity of one of the listed impairments. On the other hand, if you meet the required listing, then you will meet the third step of the sequential process. The Blue Book can be found on the Administration's web site at www.ssa.gov.

Step Four: Can you do previous work? (The RFC rule)

SSA may determine that your condition is severe but nonetheless decide that it does not meet or equal a required listing. If that is the case, then SSA will decide if your impairment prevents you from being able to perform your past work. Social Security wants to know what your Residual Functional Capacity is (your RFC). Your RFC is the most that you can do despite all of your limitations. In general, if you can perform some of your past SGA work from the last fifteen years, then you will not be adjudicated as disabled.

Step Five: Social Security will determine if you can do any other work.

Even if you are unable to perform any of the jobs you have had in the previous fifteen years, Social Security can still deny your disability if the Administration can prove that there is a significant number of jobs in the local or national economy that you can perform. In this final step, Social Security will consider your age, education, and past work experience. The rules that apply to this step change depending on how old you are. In general, if you are over 50 years old the rules become easier but you would still have to eliminate most of the jobs in the economy to win your disability claim.

Video Games Add Life To People With Disabilities

2009-10-10T15:47:00.000-07:00

Although video games have received stark criticism for their increasingly violent and gory content, they do however have the ability to help improve the quality of life of numerous people with disabilities. Below is a very informative piece published several months ago by MSNBC describing the many benefits that online videos games have had on individuals that are handicapped.

Visit msnbc.com for Breaking News, World News, and News about the Economy

Confusion Regarding the Cost of Hiring a Disability Representative

2009-10-10T14:21:00.000-07:00

A gentleman by the name of Ryan asked me the following question yesterday over the phone:

I need to hire a representative for my SSI case and do not want to get ripped off. I know that there is no way I could complete the application by myself and would like someone there guiding me along the way. How do I know who to hire and if that person will give me a good deal and win my case?

Unlike other fields of law, the pay structure in disability law is completely government regulated. While attorneys who represent clients in contracts and corporate cases for example can charge any reasonable legal fees, disability cases do not give representatives the freedom to set their own cost structure. In disability law, the Social Security Administration set forth rules requiring anyone who represents you to take the same percentage if they win your case. Currently, SSA requires representatives to take no more than 25% of a claimant's backpay as legal fees. So, if you win a $4000 reward for your disability claim, your representative would be entitled to $1000 for legal services. Regardless of which claimants representative or attorney you hire to work on your case, you will never pay more than 25% for representation and payment will only be made upon successful completion of your claim.

When it comes to how you know which claimants representative or attorney to hire that is a more difficult question to answer. There are numerous factors that go into which representative is right for you and a lot of it depends on your situation and personal needs. It can be extremely beneficial to hire someone who will walk you through the Social Security disability benefits process step by step rather than hiring someone who will only help you after you have made application. Some representatives will have more time to spend with you on your claim and be available during longer hours than others. If you feel as though you will need extra attention, then you should make sure to make it clear to your representative what you would expect of him before you make the decision to have that person represent you. In addition, while not required, it is often a good idea to hire someone who is located close to where you live. This would make it easy to stop in and pay your representative a visit face to face. This could be very beneficial to you if you have any questions that you would rather discuss with your representative in person.

SSA and Compassionate Allowance Conditions

2009-10-04T20:43:00.000-07:00

As you may have read in some of my other posts, it is clear that the Social Security Administration has its hands full when it comes to disability claims. The backlog in some states have reached well over several years for a claimant to actually go in and have their day in court. To combat the overflow of claimants applying for SSDI and SSI, SSA established the List of Compassionate Allowance Conditions. The basic premise behind the List of Compassionate Allowance Conditions is that people have some medical conditions that qualify for disability benefits on minimal objective medical information. The SSA website states, "Compassionate allowances allow Social Security to quickly target the most obviously disabled individuals for allowances based on objective medical information that we can obtain quickly." The list consists of 50 conditions with the idea that it will expand over time. If you have one of the conditions on the list, it may be possible for your claim to be somewhat expedited. To see the complete List of Compassionate Allowance Conditions, click here http://www.socialsecurity.gov/compassionateallowances/conditions.htm

Wheelchair Acrobatics

2009-10-03T16:12:00.000-07:00

This is definitely one of the coolest and most remarkable videos I have seen recently. The video was made by a kid named Aaron who was handicapped at a very young age. Despite any disadvantages he may have endured growing up, he goes on to show us that anything is possible, including doing a backflip in a wheelchair.

Frustrations With Ticket to Work

2009-10-03T08:51:00.000-07:00

Laura from Phoenix, Arizona recently commented on my "Don't Forget Your Ticket to Work" article and talked about the drawbacks that came with her attempt to participate in the Ticket to Work program:

I feel as though vocational rehabilitation is not an option for me. After I attempted to venture out of my house and to the employment office, I ended up leaving feeling completely worthless and like garbage. The people working there looked down on me and made me feel like there was a reason I couldn't find a job and wouldn't be able to get one. I never want to go through that again. I have a degree and great skills that can be used in plenty of work settings, and yet here I was feeling like I didn't belong. I have a spine so twisted I can't do any physical labor and when I tried to explain how I wouldn't want to be set up with jobs that did that, they wouldn't even look at my x-rays, they almost made me feel like I had to justify my condition to them. I didn't deserve the horrible treatment I got there. Is there a good private agency I can go to because Ticket to Work is not for me.

My reply to Laura and others who have experienced similar problems with vocational rehabilitation is to actually interview the providers themselves and only after an interview with them decide which one you want to work with. People often connect because of their personalities and not their skills. The experience Laura had was fairly common among people who connect with vocational rehabilitation centers that fail to make a connection with their clients. It is truly unfortunate that so many employees that work for vocational rehabilitation centers make others feel like garbage. And while the entire process can be disheartening, I can assure you that the right vocational rehabilitation provider may work well for you.

Published Article on the Ticket to Work Program

2009-09-30T17:28:00.000-07:00

I was informed yesterday that my Don't Forget Your Ticket to Work article was published in several different places on the internet. If you recall from my earlier post, Ticket to Work is the government sponsored program aimed at increasing the opportunities and choices for Social Security disability beneficiaries to obtain employment, vocational rehabilitation, and other support services. I implore anyone who views this blog and knowns someone who has been adjudicated as disabled to read the article, which can be found in the following places:

http://www.goarticles.com/cgi-bin/showa.cgi?C=2003768

http://www.articlealley.com/article_1110367_18.html

http://ezinearticles.com/?Dont-Forget-Your-Ticket-to-Work&id=2948987

How to Speed Up an Application for Disability, Part 2

2009-09-27T07:49:00.000-07:00

In the previous post, I discussed two ways that an individual can insure that they are doing all that they can to make sure that the Social Security application process is going as quick and smoothly as possible. The first way is to go out and hire a claimants representative or an attorney. This will give you the best possibility of obtaining a disability award. The second way is to make sure that SSA has a signed copy for the SSA Form 827-Authorization to Disclose Medical Information. I noted that it is very rare that SSA will actually speed up a case and will only happen in very limited circumstances. This is why it is of the utmost importance that you do all that you can to help ease the process for SSA. Two other ways that you can insure that your application process is not being slowed down is by fully completing the Adult Disability and Work History Report and by not ignoring letters from SSA.

When filling out the Adult Disability and Work History Report, list all relevant doctors that you have seen for any of your conditions. The local DDS will make a decision regarding your disability. Their decision is based upon the medical information that you provide and they collect. The important point to note is that DDS does not determine which records they should review. Therefore, you are your own advocate and must point SSA in the direction that you believe will highlight the areas of your case and give them the best opportunity to discover why you truly feel that you are disabled. For example, if you have mobility problems with your back, then the SSA does not need to review your past eye exams from your eye doctor. Although this might seem obvious, extra records can confuse DDS and slow your application process down.

Another important method of insuring that your application is being taken care of as effectively and efficiently as possible is to not ignore any of the letters you receive from the SSA. The SSA might ask you to fill out questionnaires or schedule appointments with the doctors after you have made application. Make sure to fill out all of the requested information as soon as possible. Confirm appointments quickly, keep those appointments, and do everything you can to respond to SSA.

In general, to speed up the SSA decision process, don't give them a reason to slow it down. Be responsive, be proactive, and be your own advocate.

How to Speed Up an Application for Disability, Part 1

2009-09-24T17:59:00.000-07:00

One of the most frequently asked questions my clients come to me with is how they can speed up their application process for Social Security Disability Insurance (SSDI). And, I always answer the question with a very long drawn out sigh. If you recall in my post, "The Terrifying Backlog at ODAR," most SSDI claims last a very long time and sometimes from start to finish the case can last for over a year and a half. Due to the combination of a very long backlog at ODAR and the complexity of the SSA disability process, it is very difficult to speed up an SSDI application and can be done only in limited circumstances. Those limited circumstances where SSA will specifically speed up applications are for only very rare and serious fatal forms of cancer and a few other terminal/fatal illnesses.

If it is really rare that SSA will speed up an application, it is important that you do your part to not slow the application process down. One way you can prevent this from happening is by hiring a claimants representative or attorney who specializes in Social Security disability cases to assist you in your case. Only hire someone who will actually help you make application. Most claimants representatives and attorneys will not help you make application because it takes so much time and effort. Often times claimants go online and fill out an application and think they have completed the Social Security application process. Unfortunately, this is often not the case. The proper and complete application consists of three items: the application, Adult Disability and Work History Report, and a properly executed and delivered copy of the Authorization to Disclose (SSA Form 827). Without all three items completed and received by the SSA, they will not even begin to evaluate the claim. By hiring an experienced claimants representative or Social Security disability lawyer to work on your claim, your application will be initially started with the very best possibility to win your claim.

Another way you can prevent your claim from being interrupted is by making sure SSA has a copy of the SSA Form 827-Authorization to Disclose Medical Information. The SSA Form 827 is the medical release form that allows the SSA to begin collecting information from your doctors, hospitals, and clinics. Until the SSA receives this form signed by you, the Administration will not begin determining your claim. Your claimants representative or attorney should provide you with one of these and the SSA will mail one to you after you make application.

By hiring a claimants representative or an attorney who specializes in Social Security disability and filing your SSA Form 827 you can insure that your claim is not being drawn out by SSA to the best of your ability. SSA already has a backlog and thousands of other cases to work on, why give them any reason to make your case one of the thousands it puts aside for another day

Whirlwind Wheelchair Technology Update

2009-09-20T16:46:00.001-07:00

Whirlwind Wheelchair International of San Francisco State University, who are known for helping people with disabilities make cheap and reliable wheelchairs have recently come out with their new Rough Rider wheelchair. What impressed me most was not just the advanced functionality, but how reasonable the price is for the item. Video below

EEOC Approves ADA Regulations for Public Comment

2009-09-19T08:21:00.000-07:00

On Wednesday, the United States Equal Employment Opportunity Commission (EEOC) took a major step towards broadening their definition of "disability" to be consistent with the original intent of the Americans with Disabilities Act (ADA) of 1990. The original intent was to prohibit employment discrimination against individuals with disabilities. To expand upon the that original intent, Congress had already passed The ADA Amendments Act, which went into effect on January 1, 2009, to specifically make sure that all individuals deemed to be disabled are protected in the workplace. The EEOC since January however, had not changed their own regulations to be in unison with the ADA.

In fact, in recent years, EEOC's regulations and U.S. Supreme Court precedent have offered very narrow interpretations of what it takes to be disabled. As a result, EEOC and the U.S. Supreme Court have received public outcry for those interpretations. Most notably, public outcry has been the greatest for those individuals with impairments such as diabetes, epilepsy, cancer, bipolar disorder, muscular dystrophy and others who have been prevented from bringing their employment claims to court even though they would constitute as disabled under the ADA. The public outcry prompted Congress to direct the EEOC to approve ADA regulations and on Wednesday the EEOC announced their initial move to do so.

To read more about the EEOC approval of ADA Regulations for public comment you can visit the EEOC website and their subsequent press release here http://www.eeoc.gov/press/9-16-09f.html

Don't Forget Your Ticket to Work

2009-09-18T19:39:00.000-07:00

Thousands of Americans are deemed by the Social Security Administration (SSA) to be disabled every year and accordingly receive Social Security Disability Insurance (SSDI), Supplemental Security Insurance (SSI), or both. The misconception among the many who receive Social Security disability benefits is that after receiving those benefits they have to stop working. The common fear is that working will cause them to lose their Social Security disability benefits. While it is true that in some circumstances working can cause the SSA to stop giving out disability benefits, most people that I have talked to have never heard of the government sponsored Ticket to Work Program.

The Ticket to Work Program was a response by the government to all of the barriers that were originally created to stop people with disabilities from working. Ticket to Work was created as part of the Ticket to Work and Work Incentives Improvement Act of 1999. The goal of Ticket to Work according to SSA was to increase opportunities and choices for Social Security disability beneficiaries to obtain employment, vocational rehabilitation, and other support services from public and private providers, employers, and other organizations.

Ticket to Work is voluntary and those who wish to participate in the program need only to apply with SSA. After applying, SSA will administer a ticket to the individual which looks similar to a ticket for a sporting event. The ticket includes the issue date, ticket number, and person's claim number. Once you have your ticket, you can then proceed to the nearest State vocational rehabilitation agency or Employment Network (EN) for services. Once the ticket is handed to either a State vocational rehabilitation agency or an EN, they can offer you services to help you go back to work. Hopefully, through the help of either agency you will be able to receive meaningful and fulfilling employment. It is worth noting that an individual can continue to receive healthcare benefits even though he or she has obtained employment. What is also great about Ticket to Work is that even if you begin your job and find yourself unable to complete the necessary daily tasks, you can immediately stop working and receive an expedited reinstatement of benefits.

If an individual chooses to participate in Ticket to Work it is important to know that you will NOT automatically lose your disability benefits. There are special rules in place called "work incentives" that allow the individual to keep cash benefits and Medicaid or Medicare while you test your ability to work. For people receiving SSDI benefits, the trial period is an accumulated nine month of services within a 60-month period. In 2009, your work constitutes services if you earn more than $700 a month. For people receiving SSI benefits, your work may affect the amount you receive but SSA counts less than half of your earnings when they compute your check. If you want to see how Ticket to Work would affect your individual benefits, you should contact a Work Incentives Planning and Assistance (WIPA) Program prior to making any final arrangements with a State vocational rehabilitation agency or EN.

Many disabled individuals receiving Social Security disability benefits are under the impression that it is good not to work because if they did SSA would immediately terminate their benefits. This misconception has caused numerous disabled individuals to shy away from pursuing their dreams in the workforce. For those individuals, Ticket to Work is a wonderful untapped resource. Ticket to Work can serve not only as a great resource, but as a tool to help people obtain both meaningful and fulfilling employment.

Disability Technology News Update

2009-09-15T22:18:00.000-07:00

Students from Buenos Aires, Argentina recently developed new eye-mouse computer technology for the disabled and it is relatively cheap and available to all

Times Are Changing And So Has Social Security

2009-09-15T12:37:00.000-07:00

(The picture to the left is of Ida May Fuller receiving the very first Social Security check)

I read a very sad story in the New York Times the other day about the late Eric De La Cruz, who apparently died of a severe dilated cardiomyopathy (an abnormally large heart), and the article told the story of his sister and her efforts to speed up the Social Security disability hearing process so he could be covered by Medicare. Unfortunately, his sister's mighty efforts did not speed up the lengthy Social Security process. If you want to read the article, click here http://www.nytimes.com/2009/09/01/health/01well.html

After reading the Eric De La Cruz article, it really got me thinking and questioning whether there was ever a time when Social Security really paid off as an "investment." After some thorough research, I came across Ida May Fuller. On January 31st, 1940, Ida May Fuller, of Ludlow, Vermont received the very first Social Security check from the government totalling $22.54. The amount is not what is interesting, rather the amount that she put in. According to the Social Security Administration, Ida worked as a legal secretary for three years and put a total of $24.75 into Social Security. Because she lived till she was 100 years old, Social Security paid her a total of $22,888.92. That means that by the time of her death in 1975, the government had paid Ida a mind boggling 924 times the amount of money she put in the system!

As the dividends of Social Security have dwindled over time, there is no doubt that we can all be envious of the rewards Ida May Fuller received during her lifetime and only hope that Social Security improves its current condition and procedures.