What should you do if you think you’re going to get fired?
In this day and age, people are become more and more concerned about their job security. Even when the market was good, the last thing you want to see happen or have happen is to find yourself in a situation where you think you are about to get fired. Now, there is a difference between getting fired or laid off. When you get laid off, it’s usually due to some type of financial decision that was made by the employer in an effort to reorganize or save cost (Unless you think they are just saying that to get rid of you and that’s a whole different topic).
Usually, when you think that you are about to get fired, this situation usually occurs as a result of some type of ongoing tension between you and your employer. This tension can not only be distracting but also upsetting. The last thing you want to do is find yourself in a situation where you think that someone is going to drop the hammer on you.
Unfortunately, when people find themselves in this situation, their first instinct is to try and figure out a way to keep this from happening. Doing this can be tricky because you literally don’t know what the employer is thinking so it’s kind of hard to take any proactive step to stop this from happening.
But don’t think you’re completely helpless. You can do a few things to keep YOU on your game so that you don’t make your situation worse:
1) Is your employment unionized?
In most instances, if you are in a ‘union shop’ (i.e. you are a member of a union), the union representative is your best resource. If you think the hammer is about to drop, I would be quick to tell you to go and speak with you union representative. The reason I mention this is because invariably if there is a grievance procedure to go through, you will have to go through that first if there is any type of collective bargaining agreement in place.
2) Be careful of WHAT disciplinary actions may come your way.
You have to be mindful of any additional disciplinary actions. If you find yourself getting written up for things, make sure you take the opportunity to read what the allegations are. Most employers give you the option to ’sign or not sign’ and in some instances, you may have the ability to write a rebuttal. In any event, you want to be careful about any ‘additional disciplinary actions’ that appear to pop up from no where (especially if you’ve never had any problems in the past).
3) Keep an eye out on the BEFORE and AFTER!
What is your employment track record? If you’re an employee who has never been written up and gets great evaluations, you are probably going to be a bit concerned when you start noticing an increase in negative evaluations. Pay attention to how soon these ‘negative evaluations’ occur and more importantly, pay attention to the timing of these evaluations.
4) What type of state are you in?
Meaning are you an AT WILL state which means the employer can fire you for any reason or no reason (as long as it doesn’t violate any clearly defined law i.e. based on race, gender, age, etc.).
5) If this place is not a union shop (i.e. has a union) and you are what is called “RIGHT TO WORK” state, you need to be careful.
If you find yourself getting ‘verbal communications’ about things that you should do in an effort to improve your situation, you should a nice letter to the employer summarizing the content of these meetings and your understanding of what they want you to do and WHY they want you to do it. You should emphasize the facts (not the emotions) such as NO indication of corrective action (if that’s what happened). Be careful because when you start documenting, the employer will think you’re up to something but THIS POINT forward, you needs to be documenting everything.
6) Be SMART.
It’s amazing how GANGSTA people get when they think that someone is about to bring the heat! It’s even further magnified when they believe that they have had a reputation and livelihood effected. Be careful about being a pistol. The law is fairly clear that if the employer has a ‘personality conflict’ with an employee, this is different from discrimination. An employer may be able to put the heat on you for not getting along. You don’t want to do anything to trip over your own feet. I’m not saying you can’t be vocal about anything that may be illegal but you have to be careful not to come off as the unruly employee who is not trying to work with management to improve.
7) If they are going to let you go, there may be nothing you can do
Absent some express contractual provision or a provision in a union collective bargaining agreement, you may not be able to STOP an employer from you. You can possibly sue to get your job back. You can sue for damages. However, if they decide to let you go, that’s’ it.
IF you get fired, file (if you thinks you’ve been discriminated) right away.
The moment that the adverse employment action, you will have 180 days to file with the EEOC (I don’t know what the time line is for most states for a similar state action) but you don’t want to wait.
9) Don’t expect your co-workers to automatically have your back.
In an employment setting, when it’s a choice between your job and your friend, your Worker FRIEND will probably choose their job. Even though employers are not permitted to retaliate against an employee for participating in a situation like this, employees may still run scared because they don’t want their employer looking at them crazy.
10) GO TO A LAWYER!!!
Sometimes, lawyers can do certain things that may put the employer on notice that they better chill out if they are doing something potentially illegal. However, it’s important that you take the opportunity to speak with an attorney so you can understand and appreciate all of your options.
Let me be the first to tell you that there is nothing sexy about being in a position where you are worried about the financial well being of your job. With all of the stresses that you deal with in your day to day life, the last thing you want to have in front of you is a situation where you are freaking out about the possibility of losing your job. Be smart. Most importantly, if the climate of your job has changed, you may want to think about changing the weather. I know it gets kind of crazy when you’ve been in a job for a number of years but in the end, your sanity is much more important than a paycheck.
Let me tell you WHY you shouldn’t look for LOOP HOLES with Social Security!
I’ve seen it before. You are struggling to make ends meet with the benefits you receive from Social Security. It’s getting a little tight and the next thing you know, you come into a bulk of money. Now, it doesn’t matter where the money is coming from (whether it’s Workers Compensation, VA benefits, inheritance, lottery, or settlement), it really helps.
However, you got a little problem. You don’t know if you should tell Social Security Administration or not. So what do you do? You wonder if there is a way that you can keep the money in a way so the Social Security Administration won’t find out.
The moment you start looking for ways to be slick and keep the fact that you got money from Social Security, you run into a few things that you should know:
1) This ain’t your homeboy or homegirl off the block. This is the federal government and they don’t PLAY!
I can’t tell you how many times I tell my clients that it is almost impossible to hide things from the Social Security Administration. So many things are tide to your Social Security number that it is virtually impossible to keep things secret, especially money.
2) There is no loophole!
When it comes to money and your Social Security benefits, the law is black or white depending on what type of money you are getting from Social Security and what type of money you are getting from another source. This is why it is important to understand the type of benefits you are receiving and how getting a windfall may apply.
3) The Social Security Administration will GET their money!
If you get money and it impacts Social Security and they don’t find out until later, you will FEEL IT! They will either reduce your benefits or possibly cut them off in order to get the money back that they shouldn’t have paid you because you got a lump sum of money and don’t tell them.
4) They will keep an eye on YOU in the future!
I had a client a few years ago who had a child with SSI. When her child got benefits, Social Security required the mother to set up a dedicated account. For those of you who don’t know what a dedicated account is, it’s an account that can only be used for certain things and every dollar spent must be documented. If you don’t, you may risk losing your benefits. The mother didn’t understand why she had to have one. Well, unfortunately, she had multiple charges of bad checks and fraud and at least one situation where she failed to tell Social Security about monies she was receiving from another source. So, the account they set up was to ensure that she spent the money properly on the child. In other words, they didn’t trust her to manage her child’s money. So why would you run dirty and risk being under scrutiny by the Social Security Administration?
5) I know you want your money but play it smart.
Listen, I know that times are tight. I even understand that it is difficult to live on the money that Social Security has awarded you. However, it’s important that you play it smart. Why risk the possibility of having your benefits affected in the future?
6) Proceed at your own risk.
For the 8 years that I have practiced law, I have learned at least ONE universal truth. Despite all of the advice, information, and warnings that I provide, people will do what the HELL they want to do. As an attorney, I don’t focus on the short term. I look at the long term and invariably, people are going to do what they think will fix their situation NOW as opposed to dealing with something BIGGER later.
Listen, I understand how tough it is and it’s a pain when you find yourself in a position of getting a big sum of money that NOW, you have to figure out a way to keep the money and not lose your benefits. Well, don’t make your situation worse by trying to find a slick way around not telling Social Security about your money. In the end, you could make matters worse than better.
How does getting a lump sum of money affect my Social Security Benefits?
This topic can be really scary. You know the deal. You’ve busted your butt for weeks and months and maybe YEARs to get your disability benefits. Now, all of sudden, you find yourself in a position where you get a lump sum of money and you don’t know what to do.
The lump sum could be anything. It could be an inheritance. It could be a settlement. It could be a gift. How do you determine if you should tell Social Security about the money and what should you do?
Here’s a few things to consider:
1) Remember, Social Security is the federal government and the FEDERAL GOVERNMENT ALWAYS FINDS OUT!!
WHY?! WHY!? WHY are you going to try and run dirty with the federal government, man?? People don’t realize how many things are connected to their social security number. So if you get a ‘windfall’ (like the lottery, or a settlement, or inheritance), there is a PRETTY good likelihood that this information will be reported to the federal government. The information may be reported for tax purposes but if you’re on disability, you better believe that it’s going to filter down to the appropriate agencies.
2) Understand what Social Security disability program you are on.
Most people don’t realize that Social Security has several Disability programs. These different programs require you to be found disabled. However, each program has different requirements when it relates to money and income.
3) There’s a difference between REDUCTION, SUSPENSION and TERMINATION
Depending on the program, your benefits could be reduced because of the amount of money that you receive or the TYPE of money that you receive. Also, for some disability programs, your benefits could be suspended if you receive a lump sum of money. However, this suspension typically remains in effect until you spend all of the money down to a particular dollar amount. Once you have spent the money, you should notify the Social Security Administration so they can reinstate your benefits. Now, keep in mind this point. If your benefits are suspended for more than a year, Social Security will terminate your benefits. In other words, you will have to start over from scratch.
4) Call the Social Security Administration, don’t try to figure it out.
So many times people will receive a lump sum or they know a lump sum is coming so they freak out and are afraid to call Social Security. Under most of the disability plans, you probably won’t have a problem. However, it is much easier to alert Social Security BEFORE than after THEY find out.
5) If you get Workers Compensation or Veterans Benefits, make SURE you understand how they affect your benefits.
Let’s say that while your Social Security disability benefits was coming, you finally SETTLE a big Workers Compensation claim that you had going for a while. MAKE sure you have someone explain to you how your workers compensation benefits may cause an offset or reduction of your benefits. The same is true for Veterans Benefits. Some of the Veterans Benefits programs can count against your Social Security.
5) If you owe SSA money, they will get their money back.
If you get a lump sum of money and, if you know you are, CONTACT Social Security. Don’t wait around. If Social Security determines that you received money from them that you SHOULDN’T have received, they will take it out of your disability check and that is NOT a pretty picture.
6) Be careful if you’re on SSI
The program that is most effected by by WINDFALLS is “SUPPLEMENTAL SECURITY INCOME or SSI”. SSI is the program that is NEED BASED. It’s like a welfare program. So if you are getting SSI and then you get a lump sum of money, your benefits may be affected. Your benefits could be reduced or suspended.
7) If you get a lump sum, keep a check on your documents
Keep a record of the items you are spending your lump sum. This way if Social Security makes a big fuss about where the money went, you can show them.
Getting disability benefits is a long and tough process. Keeping those benefits may be tougher if you find yourself in a position to receive a lump sum. However, if you’re smart and pay close attention to detail, you should be able to navigate through the process with little issue.
Sometimes, the hardest person to tell the truth to is yourself
Now, let’s face it, people. We LIE to ourselves on a regular basis. Come on now, you know the lies:
1) “I’m going to lose 10 lbs”. - Two trips to McDonalds later, LIE!!!
2) “If you let me feel better, I will never drink again”. - Wait, does that include New Year’s Eve? LIE!!!
3) “I’m giving up sweets!” - Hold on, I can’t let my kids eat the sweets at Halloween without me testing it! LIE!!
Now, don’t get me wrong. These lies aren’t EARTH SHATTERING but they are lies nonetheless. However, these aren’t the things that you should worry about when trying to be truthful with yourself. The truth of the matter is that you like Fast Food. The truth of the matter is that you like to have a occasional drink. The truth of the matter is that you love Suzy Qs, Ho Hos, and Haagen Daas.
However, sometimes, we don’t want to stare at the HARD truths. These are the ones that we don’t want to face. We don’t want to face the TRUTH that you may have a family history of diabetes, heart condition, and hypertension and that eating Fast Food could kill you sooner. We don’t want to face the TRUTH that we are drinking alcohol EVERYDAY to the point of where you may need help to stop.
Those truths are the ones that are the hardest to face and even tougher to overcome. But it gets deeper than that. Sometimes, the harder the truth, the greater the lie. The reason for the lie is that “IN OUR MINDS”, we feel that if we face the truth, we may have told ourselves that we can’t CHANGE the truth!
That fear is the ULTIMATE truth. We aren’t afraid of the TRUTH itself. IT’s the fear that we can not change it which keeps us from telling the truth to ourselves.
Think about it. Many of us have found ourselves with a TRUTH that we don’t want to face but in reality, we can conquer:
1) FACTS: Working at a job you HATE.
LIE: You keep telling yourself that you’re going to leave and get a better job.
TRUTH: The unfortunate truth is that you haven’t started looking aggressively for a job, you don’t know what your future holds, and you start to believe that you will be stuck at your job for ever.
REALITY: You can change your circumstances when YOU decide that you want to improve your situation. There is nothing stopping you from putting out resumes, going to classes, and networking.
2) FACTS: You’re in a bad relationship (and you have kids in that relationship as well)
LIE: You keep telling yourself that you’re going to leave that relationship.
TRUTH: The unfortunate truth is that you don’t think you can survive alone outside the relationship or you think you need to stay in the relationship for the benefit of the children.
REALITY: You do NOTHING for your greater well being by staying in a situation that is draining on your spirit and your soul. You will not see the sunrise when you convince yourself that it’s going it’s going to rain every day.
3) FACTS: You know that your health is not doing well.
LIE: You keep telling yourself that you’re going to take care of yourself.
TRUTH: Sometimes, life has so many things that we choose to give precedence that we end up putting our health mission on the backburner.
REALITY: As my doctor once told me, the inconvenience of preventing a problem today is nothing compared to the cost of correcting the problem tomorrow. If you stop and look at your day, you realize that your day is not SO constricted that you can’t take the time to take care of YOU!
Sometimes, you need help. There’s nothing wrong with wanting or needing help. I go to the doctor because my wife has stressed on me the importance of me being here with her. I can’t argue with that logic. Sometimes, it takes someone special in your life to give you a perspective that you don’t normally have.
Now, don’t get me wrong. It takes a lot to stare a TRUTH in the face. It’s not that we don’t believe we can face it. It’s that we don’t believe that we can change it. Just remember this, in life, there are only TWO absolute truths:
1) You were born
2) You’re going to die.
Everything else in the middle is subject to change. Take the time to change YOUR truth before your truth changes you!
Happy Anniversary
Greetings, Ladies and Gentlemen.
I want to thank you for your support and assistance with joining me as a guest or providing me with my guests for my shows. As always, I’m grateful and I am available to provide any assistance whenever you need it. I want to give a special thanks to those who have read my post on my BLAWG, “The LegalBEAT”, and I hope I have provided some meaningful and product insight for you.
This coming October 2009 is an exciting time for me. Effective October 1, 2009, my law firm will celebrate its TWO YEAR ANNIVERSARY. In addition, October 2009 will constitute my TWO AND A HALF YEAR anniversary of “IN THE KNOW with Tony Reeves”. And FINALLY, my BLAWG “THE LegalBEAT” will celebrate over THREE YEARS of postings! To celebrate these great milestones, I am RE-vamping, RE-packaging, and RE-PRESENTING my firm, my blogs, and my shows starting October 7, 2009! As always, I am reaching out to you because YOUR contributions are the main reasons that I have been successful.
As I prepare my schedule for the upcoming Fall, I want to be the first to extend to you the opportunity to return as a guest on my show in order to share with me some of your great updates. Feel free to provide me with any new music you have. Also, now is the time to give me the chance showcase some of your fabulous colleagues. Please don’t be shy about letting me know WHO YOU think the WORLD NEEDS to KNOW ABOUT and I will make sure that the world is “IN THE KNOW”. And finally, please let me know if my postings have been helpful. I want to make sure I’m giving some meaningful contributions.
Again, thanks for your time and your contributions. Of course, I know that know that technology can be a beast sometimes so I want to make sure you have the ability to contact me. If you have any difficulty with this e-mail, I can, also, be reached ‘anthony@reevesfirm.com’.
Welcome to my anniversary celebration and I look forward to growing with you.
Sincerely,
Anthony
I hate to tell you but some people don’t WANT the health care system to change!
Here’s a question for you that I want you to think about:
“If you and everyone in your house hold got sick AND nobody in the house could work AND NO ONE had savings AND NO ONE had Long Term or Short Term Disability plan AND NO ONE could afford COBRA payments, HOW are you going to pay for your health insurance????”
It’s amazing because as the debate about health care rages on, I am CONSTANTLY amazed by the amount of people who are dwelling on the fact that THEY don’t want to pay for health care for the millions of illegal immigrants or all those people who are lazy and don’t wanna work or all of those welfare people.
HELLLLLLO? What world are YOU living in? Do you not know that YOU are just one stone throw away from the unemployment office? Do you not know that one SLIP and FALL in your house OR one trip on your drive way and BOOM, life as you know it can change?
Stop focusing on all of THOSE people who don’t have insurance and WHO they are because the reality, VERY QUICKLY, you could be THOSE people!
Here’s where I have some problems and I think they are worth mentioning:
Why are you stressing? ANY PROGRAM is going to cost money!
How come EVERY new program that is of significance is HIGHLIGHTED by its cost? No one complained and raised an eye brow when BILLIONS of dollars were poured into Iraq (and NOT just for our troops). We financed contractors to go over there to help rebuild their country. We financed our troops to help make sure the country remained stable. No one blinked an eye. However, the MOMENT you talk about ensuring that the American people have benefits so we ALL have a safety net, here COMES the money argument. My problem is that ANY (and I repeat ANY program) passed by Congress is going to cost money so why are you stressing me over this cost. Taxes may not go up for this but it will go up for that so why are are we tripping??
What the HELL is the RIGHT WAY to reform Health Care?
I want you to notice some unique facts about the late Senator Ted Kennedy
- 1966
- Senator Kennedy passed legislation creating the national community health center program. He joined a health center in Columbia Point in Dorchester, Massachusetts, with a center in Mound Bayou, Mississippi as the start of a national program that now includes more that 1200 health centers nationally serving more than 20 million low income patients.
- 1969
- Senator Kennedy gives his first speech calling for national health insurance for all Americans. His amendment creating a minimum tax — the so-called “Alternative Minimum Tax” — becomes law, setting a limit on the amount of taxation for middle-income Americans.
1971
- Senator Kennedy becomes Chairman of the Senate Health Subcommittee. He held a series of field hearings around the country on national health insurance, and is a leader in passing the National Cancer Act to expand research on all aspects of cancer.
- 2009
- Senator Kennedy’s Health Committee was also the first committee in Congress to pass comprehensive health reform legislation called for by President Obama — the Affordable Health Choices Act that will reduce health costs, protect individuals’ choice in doctors and plans, and assure quality and affordable health care for all Americans.
First, for those of you who are thinking that I’m digging up these stats from la la land, go visit http://kennedy.senate.gov/senator/timeline.cfm. This website is the Senator’s government website and review the information. Now, I want you to notice something here and NO, it’s not that I am saying ‘HIP HOP HOORAY’ for Senator Ted Kennedy. Senator Kennedy introduced the concept of a National Health Center in 1966 and National Health Insurance (which we are trying to do now) in 1969. Recognize that fact! For over FORTY YEARS, we have been trying to get health care. Since 1969, we wasted Money in a lengthy expensive conflict (Vietnam), we went through Water gate, and we have spent countless funds in combat operations in IRAQ (TWICE!!). We can spend money on all of these things and we can’t introduce an option for healthcare??? What’s even MORE surprising was that in 2009, TWO THOUSAND AND NINE, Senator Kennedy’s committee was the FIRST to pass comprehensive legislation. Are you kidding me? He’s been talking about health care for 40 years and we only get legislation now? What’s even more amazing is that every time I look up I see ads or Senators or Congressmen talking about “Let’s reform health care the RIGHT WAY” but NO ONE is offering any suggestions for WHAT the RIGHT WAY is! They want to talk but NOT put pen to paper!
If not OBAMA, then who???
It’s amazing but I did a little background check about how other Presidents have tackled the health care initiative. I was surprised by what I found.
President Lyndon B. Johnson
The Social Security Act of 1965, which created Medicare and Medicaid, was part of Presidents Lyndon Johnson’s “Great Society” vision for the country.. This plan provided health care for the elderly and individuals with special medical needs. Even with this broad base of support, there was still a great deal of concern among more conservative elements of society, who saw this move towards increased government involvement in health care for the citizenry as a dangerous step down the road to a socialist dictatorship.
President Richard Nixon
Nixon, for his part, was stalwart in his belief that a national health insurance plan was vital to the country’s future. He stated in his 1974 State of the Union Address that “The time is at hand this year to bring comprehensive, high quality health care within the reach of every American.” Nixon’s own past experience with poverty and family illness made this a personal issue for the President. Yet Nixon’s call for an employer mandate to provide health insurance as part of his planned universal health care coverage for all citizens was seen as inadequate by many democrats in congress. The plan was also opposed by powerful unions such as the AFL-CIO and the United Autoworkers, who lobbied hard to defeat the legislation.
President Jimmy Carter
In retrospect, after his tenure in the White House in the late 1970’s, President Jimmy Carter said that, although he was a proponent of universal health insurance, the country’s economic difficulties at the time made health care reform politically unfeasible.
President Bill Clinton
The Clinton plan also supported universal health insurance through the enforcement of individual and employer mandates. The government would control the competition between private insurance companies The Health Care Task Force, chaired by Hillary Clinton when she was first lady, gave President Clinton a complex plan in September 1993. Despite a Democratic Congress, the size and complexity of the plan slowed its progress through Congress and lost the interest of the general population.
What’s frightening is that the health care debate has been ranging on since the 1930s so this is by no means a RECENT phenomenon. Like clock work, whenever it comes around, people start losing their minds. So in the last 40 years, we’ve had a variety of presidents who have braved taking a chance on making sure ALL americans have health care but unfortunately, we run into the “RIGHT WAY” and “SOCIALIST” discussion. We’ve had at least 6 different Presidents (Truman, Roosevelt, Nixon, Johnson, Clinton, and now Obama) take a stab at trying to push the need to make sure we all have insurance. Is it coincidence or a reason that they can’t get it passed?
So what would YOU do if you had no Health Care? Let’s look at the NOW WHAT situation!:
For the last 8 years, I have represented people who have applied for Social Security Disability benefits. Unfortunately, a lot of my clients have been people who have found themselves in the tough position of trying to figure out HOW to get health care. Think about it like this. If you have been working and your insurance has been paid by your employer and then, BOOM, you can’t work, here’s how it may unfold and so I ask you “NOW WHAT?”:
a) You get hurt OUTSIDE of work (no workers compensation, no personal injury, etc.) and now you can’t return! Now what?
b) You use your annual leave, your sick leave, and maybe even family leave and after a few months you still can’t go back to work. 3 or 4 months have passed! Now what?
c) You stop working so you apply for COBRA so you have a few months of health insurance. About 3 or 4 months have passed! Now what?
d) If you are lucky, you apply for Short Term Disability or Long Term Disability. If you are not lucky, NOW what??
e) You apply for unemployment but you know you can’t do the work you used to do and you are having a hard time finding another job. The Unemployment pays for a few things but not enough to pay for the insurance you need to cover your health care cost. Now what??
f) You start cashing out your stocks, mutual funds, and savings accounts. If you’re lucky, you have funds to last you while you apply for disability with the state (if you worked for the state), the VA (if you’re a veteran), or Social Security. All of these programs may take a few months or up to years. If you DON’T have stocks, mutual funds, and savings accounts, NOW WHAT??
Let me tell you what NOW WHAT is! It’s nothing. You’re now hoping that you qualify for disability. You’re praying you can find another job. You’re lucky if you have a spouse or family member or friend who can support you. But the REALITY is that any ONE of us can go from A-F in the NOW WHAT category that I showed you so fast that you won’t realize what happened. You can go from having a nest egg to working a good job to planning for your future to a “how the HELL am I going to get to the next day” situation.
Am I saying that we should take whatever situation that is presented to us?? No, that’s not what I’m saying. My problem is that for the last 70+ years we have had multiple presidents and politicians try their BEST to insure that everyone is covered but for some odd reason, people are quick to hollar “SOCIALISM, SOCIALIST” yada yada yada to the TOP of their lungs. And I got news for you, most of the people who scream these things are either 1) people who have health care, 2) people who are under the delusion that they will never benefit from this health care system because they don’t think they will ever be in the situation to need it, and / or 3) people who think that the change in the health care system may affect their financial bottom line.
So the challenge I present to you is this one. If you’re in a situation where you are 100% confident that you are completely covered in the WORST case situation (which is what I’ve covered up top), you are the only ones who can complain. However, considering that 95% of the country probably can not say with CONFIDENCE that they will NEVER need help, you may want to start re-evaluating the need for a National Health Insurance OPTION or Universal Health Care system.
Tough love and tough facts about applying for Social Security Disability benefits
Let me be the first to tell you that representing Social Security Disability clients can be tough. My heart goes out to all people who are in the position of having to apply for Social Security disability benefits. Unfortunately, some times I have to be in the unenviable position of having to give some ‘tough love’ or ‘tough facts’ about the Social Security disability process:
1) Just because you got it quick BEFORE doesn’t mean you’ll get it quick again!
Remember this phrase “CASE BY CASE basis”. I can’t tell you the number of times people who have received disability benefits before who keep relying on their previous experiences when they are reapplying for disability benefits. Just because you got it QUICK the last time, that’s no guarantee that it will happen quickly again.
2) Just because you GOT it BEFORE doesn’t mean you’ll get it again!
The regulations do NOT provide an automatic favorable outcome to you merely because you had received disability benefits in the past. That MEANS NOTHING! Especially if you worked after the period of time that you were receiving disability benefits.
3) Just because your FRIEND gets it, doesn’t mean YOU will!
I know you don’t want to hear this but the simple fact is that YOU haven’t seen every MRI your friend has, every doctors’ notes your friend has, every medical appointment your friend has, or every medication your friend has had to take. With that being said, you have absolutely NO WAY of knowing if your friend’s situation is EXACTLY the same as yours. So stop racking your brain trying to understand why THEY got it and you are still waiting.
4) YOU are NOT the doctor!
I can’t tell you how many times I’ve had people who have DECIDED what they feel is best for them DESPITE what their doctors tell them. I’ve seen people who have refused to go to a doctor their primary has referred them. I’ve seen people refuse to take medication. I’ve seen people refuse to come back to their doctors for follow ups. What these people realize is that every one of these scenarios HURTS your case! Remember, you have to prove that you are medically disabled. Unfortunately, refusing to do what the doctor tells you DOESN’T help!
5) You can’t have it BOTH WAYS!!
Let me break it down as simply as I can. You can’t complain about breathing problems yet still be smoking a pack of cigarettes a day. You can’t complain about your diabetes but you don’t take your insulin pills or shots. You can’t complain about being depressed but you still use illegal drugs and drink alcohol. These types of things DON’T go together in proving you’re disabled.
6) If you don’t go to the doctor, then there is nothing a representative can do
Here is the BOTTOM LINE SIMPLE FACT: YOU bare the burden of proving you are disabled. It’s not your Representative’s responsibility. It’s not Social Security’s Responsibility. It’s YOURS! I understand if you are in an area that doesn’t have medical treatment available. However, if you can go to a free clinic or get county health insurance BUT you DON’T AND you don’t go to the doctor, there’s not much else anyone can do.
7) In some parts of the Social Security Disability process, you HAVE to wait!
This part is the most painful part of the process with my clients. Unfortunately, when you are going through the initial development and/or the reconsideration development, you HAVE to wait for Social Security to get all of the information they need to determine your status. If you get to the hearing level, you HAVE to wait until it’s your turn for a hearing date. So many times, people don’t realize that there is really nothing that can be done except WAIT!
Everybody is in a critical situation!
Let’s face it. A lot of people are in eviction proceedings or foreclosure proceedings or bankruptcy proceedings. A lot of people can’t pay their bills. Alot of people are broke. Unfortunately, a great DEAL of these people are applying for Social Security disability. Social Security is in a tough spot because if you got 1000 people applying and 900 of them are screaming that they want their case expedited and each of them are in foreclosure or evictions or bankruptcy, WHO moves to the front of the line??? See the dilemma.
9) TERI cases are the rare cases that move to the front!
TERI stands for Terminally Ill. If you are terminally ill, your case is going to be processed QUICKLY. So I hate to tell you, if it’s a choice between working your case (and you just have a bad back) and a cancer case, your case will be moved back.
10) Blowing up Social Security’s phones does NOT help!
Let me tell you that you get NO WHERE when you call Social Security 100 times a day! For every time you call them about your case, this STOPS them from working on your case. Just let them work.
11) No representative or Social Security wants you to wait.
The simple fact is that anyone involved in this process WANTS you to get your determination quickly. No one wants you to have to wait a 2 months, 6 months or a year for a determination.
12) If you go to the doctor, do what the doctor says, do what Social Security says, stay clean, & wait, the process runs a smoother!
‘Nuff said!
As always, I am super sympathetic to the struggles of people who are trying to get disability benefits. However, you must realize that some things CAN be helped and some things CAN’T!
Why Diversity in the professional ranks is so powerful
Several years ago, I had the opportunity to walk into a room where I was meeting a new client. Nothing spectacular. My client was a 59 year African American woman who was applying for Disability benefits. Now, you are probably wondering why I emphasized the fact that she was African American. Well, when I came in the room and sat down, the first thing she said to me was “Are YOU going to be my attorney??”. I responded with a soft yet slightly perplexed “Yes”. After I sat down, she looked at me and she just smiled. A big grin that extended from ear to ear. Her smile wasn’t because she KNEW she was going to win (And she did win, thank YOU very much. lol). Her smile was a casual acknowledgment to how powerful the times have changed. She had an African American Attorney and that fact alone was a SIGNIFICANT experience.
It’s interesting to note that in almost any culture, community, or society, there will almost always be a MAJORITY and a MINORITY. In the US, this dichotomy is emphasized through race and ethnic groups. Because these distinctions have been a mainstay in the fabric of our socioeconomic and political culture for so long, people some time fail to remember or even acknowledge that Minorities historically did not have the same opportunities as the Majorities. In addition, the ‘mythical yet truthful’ FIRST tend to be and continue to be a staple in Minority cultures. These FIRSTS may be the FIRST Doctor, the FIRST lawyers, the FIRST college graduates, and so on. Now, there are those in the Majority who have FIRST of their own but history has been kinder to that population in terms of opportunities.
These numbers are greatly magnified in the legal ranks:
Minority representation in the legal profession is significantly lower than in most professions. The total minority representation among lawyers is about 9.7 percent, according to the 2000 U.S. Census, compared to 20.8 percent among accountants and auditors, 24.6 percent among physicians and surgeons, and 18.2 percent among college and university teachers (Miles to Go: Progress of Minorities in the Legal Profession, 2005).
The overall student population for Florida law schools during the 2004-05 school year was 6,605. Of that number, approximately 66.3 percent were white, 8.75 percent were black/ African American, 13.5 percent were Hispanic, 3.39 percent were Asian/Pacific Islander, .61 percent were American Indian and 7.45 percent were of other races and nationalities.
Because Minorities are still experiencing various FIRSTs to this day, Minorities have a tendency to reach out and embrace those persons who they have typically not had access in the past. While this may seem weird to some, you have to look at certain things in their context. In many minority communities, historically individuals didn’t have access to accountants, doctors, lawyers, or other professionals who were minorities. No one is indicating that those who are the majority are unable or unwilling to service the majority population. What is being said that the minority population have not had the ability (in the past) to have access to those professionals who may have particular understanding of their unique cultural demographics.
In addition, access to Minority Professionals creates opportunities for educational excellence as well. When people have the opportunity to see minorities excelling in a variety of professional endeavors, these professionals open the door to the minds of others who may have viewed the opportunity to pursue such professional routes as being impossible to attain. Also, many minority populations are INSULAR in their communities. As a result, these communities would have a desire to receive services and interact exclusively with those are from their communities.
In the end, Diversity is more than just putting color to a concept. In the end, Diversity is recognizing and appreciating the unique cultural differences that various demographics present and encouraging bringing in those who can provide you with a direct connection to those cultures. It’s not about a quota. It’s about recognizing that minorities have a distinct quantitative and qualitative uniqueness. And it is this UNIQUENESS that can not only broaden the scope of any environment but also provide insight into a world that has typically been underappreciated.
Let me tell you WHY you can’t run DIRTY with Social Security
For those of you who may be a little perplexed by the phrase “RUN DIRTY”, allow me the opportunity to clarify. “Running dirty” is a phrase to denote doing something illegal, wrong, or against the policies and procedures. I use this phrase whenever I’m talking about people who are trying to be sneaky and get Social Security Benefits at the same time. I, also, use this phrase whenever I’m talking about people who decide to WITHHOLD evidence from Social Security in an attempt to make their case better.
Interestingly enough, I’m surprised by the number of people who TRY and then ACT SURPRISED when they get caught. If you’re thinking about ‘RUNNING DIRTY’, here’s a few things that you need to consider:
1) The PAPER gets you EVERY TIME!! Most people don’t realize that part of the reason Social Security has you fill out so many papers is that they are checking for consistency. They want to ensure that you are not changing your story up every time.
2) The MEDICAL RECORDS get you EVERY TIME! People forget that Doctors and Nurses are very diligent and detailed in their record keeping. So you need to be aware of the fact that if you tell your doctors something that relates to your health condition (like the fact that your back hurts from working all day! OOPS, you didn’t tell Social Security), this information may appear in your records.
3) The LABS / X-RAY / TESTS don’t lie! Now, if you KNOW you’re doing illegal drugs and you go to the hospital, why would you still lie? They take toxicology information on you through labs and this stuff will always come forth. Also, you can lie about alot of things but your tests (X-Rays, MRI, Labs) will typically provide the actual results for more of your situations.
4) You don’t know WHAT your 3d parties will say! You typically have to provide the names of individuals who can speak about you and your condition. Contrary to HOW hard you try, you don’t really know WHAT they will say when Social Security talks to them.
5) The POWER of the FEDS! Do you have ANY idea of the number of systems the Social Security Administration has access? If you go to jail, they know! If you owe child support, they know! If you return to work, they know! There’s a lot of systems that alert Social Security to things that relate to your Social Security case so you need to be aware.
Social Security is a complicated system and since you’re applying for Federal Benefits, it’s important to be mindful of the fact that your actions may have an impact on your case. If you’re deciding to take some action that you KNOW you’re not supposed to do, be mindful! It may CATCH you in the end.
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