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Recent Blog Posts
I'm Disabled And Can't Get A Job, Can I Get Social Security Disability Benefits?
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?
Get It Written Down!
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.
Best October Social Security Disability Blogs
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
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 associated with fibromyalgia, 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
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.
Disability Awareness Day October 2010
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 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.
Income Requirements For SSI
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." There, you can find more information about how the SSA reviews a claim based on income.
The Social Security Disability Application
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.
How Helpful Is The Social Security Appeals Council?
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).
Advice For Your Social Security Disability Benefits Claim
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.
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