PLEASE don’t act a fool at a Social Security Consultative Evaluation
Now, I know that sounds so simple. In your mind, you’re probably thinking “What does that have to do with anything?”. Well, as silly as it may sound, you may be completely surprised by the amount of people who truly “lose their mind” when it comes to these evaluations.
Usually, at some point of the social security process, the government is going to ask you to attend a consultative evaluation. These evaluations are usually with a physical or a mental doctor who will evaluate your situation and prepare a report which will be used as evidence in your disability case.
It’s amazing the amount of times that I’ve had to give this speech but I think it’s time that I share some things to any of you who find yourself being scheduled for a consultative evaluation:
1) If you don’t go, they use the fact that you didn’t go to deny you AND that information goes in your file.
Most people don’t realize that COMPLIANCE with going to appointment that SSA sets up for you and PAYS FOR is considered when evaluating your case. So don’t think that just because you decide to NOT show up that it won’t affect your case. Trust me. It will.
2) Don’t go thinking they are going to TREAT you like you are their patient.
Read my lips, “THEY ARE NOT YOUR DOCTOR!”. So many times, people think that these doctors are there to treat them like their own doctors. Don’t get me wrong. In some cases, you may establish a relationship with the doctor that might evolve into a doctor - patient relationship. Just remember, you are there to see them ONE time so don’t expect too much.
3) They are only focusing on what YOU said was wrong so don’t go in there ADDING a bunch of stuff you never said before.
Remember all of those posts that I wrote about being consistent on your forms? Well, be CONSISTENT in what you say to the doctors as well. These evaluations are not your time to start giving a laundry list of things that you have NEVER brought up before.
4) Get ready because the appointment will probably be short.
It’s amazing because people get really upset when they find themselves IN and OUT of an evaluation in 15 minutes. I always tell me to not expect too much when you go to these appointments.
5) You may only get one shot so BE on time, BE honest, and DON’T BE a jerk
Let me tell you RIGHT now, if you go in there and act a FOOL, they will tell you to leave and it WILL go in your file. If you lie, it WILL go in your file. If you’re rude, it WILL go in your file. So just remember that this is part of the process and roll with it.
6) Don’t be slick because if they SEE IT they will write it.
I once had a client who alleged that he had a back problem that required a cane and the moment he walked out of the appointment, he put the cane under his arm and walked to the car. Now, what do YOU think happened when the medical personnel from the doctor’s office saw him walking?
7) You don’t know what they are going to write so don’t think what they will tell you will be in the report.
On so many occasions, I have to remind people that they can’t rely SOLELY on what the doctor says. Just because they tell you that they think you should get disability, doesn’t mean that they will write it in the file.
Whatever happens there will be a part of the record.
If you are nasty, if you change your story, if they think you’re faking, if you showed up late, you NAME it, they will put it in the report.
I know it’s hard but I have to constantly remind people that YOU have the burden to approve your case. Don’t think that SSA is trying to help you with anything. It’s on YOU!
The Tony Kornheiser lesson: Even when you think someone is not, someone is ALWAYS listening
Of course, by now, you have probably heard of the statements that Tony Kornheiser made about ESPN Analyst, Hannah Storm. In case you missed it, here it is what he said:
“Hannah Storm in a horrifying, horrifying outfit today,” Kornheiser said. “She’s got on red go-go boots and a catholic school plaid skirt … way too short for somebody in her 40s or maybe early 50s by now.
“She’s got on her typically very, very tight shirt. She looks like she has sausage casing wrapping around her upper body … I know she’s very good, and I’m not supposed to be critical of ESPN people, so I won’t … but Hannah Storm … come on now! Stop! What are you doing?”
Now, the fact that he made these statements are bad enough. I don’t think anybody would question that point. However, it’s further magnified by the fact that he made the comments on his radio show.
Do we feel sorry for him? OOOOO, no! 2 weeks off the air is just a drop in the bucket. He’s already apologized and he will be back on prime time before march madness is officially over. The reason I’m bringing this story forward is for the millions of people who ‘like’ Tony think they can say something and nobody is paying attention.
Unfortunately, most people don’t realize that every one on the internet has the potential to reach MILLIONS of people in an instant. And for those of you who are working, you need to realize one fundamental fact. If you use the internet as your sounding board, at least ONE of those millions of people may know your BOSS!!!!
Let’s be real. We LOVE our technology. We’re intoxicated by twitter. Fascinated by Facebook. Mesmerized by Myspace. Blown away by our Blogs. And yelling ‘hip hip, hoo ray’ for YOU TUBE! And you better believe that we use every tool that we can think of when can.
Unfortunately, in our ‘haste’ to fully maximize all of these tools, we let two little words called ‘common sense’ seep out of our ears. What made you think that posting an update on your facebook page that says “my boss is an idiot’ wouldn’t get back to her? Who told you that a ‘tweet’ that says “my boss is stupid” wouldn’t get back to him?
And I got news for you. It’s almost like getting caught in bed with someone who is NOT your significant other. You can do the Texas Two step as much as you want but when the music stops, yo ass is GONE!! You can’t argue a post that YOU wrote. You can’t argue what you put in YOUR facebook page. There is no getting around it. And, as one of my tech friends once told me, once it’s on the web, it’s A WRAP! You can’t get it off. You can’t modify it. You may be able to TRY and delete it but if the wrong person saw it and copied it, I got two words for you:
“TOO LATE”
“PINK SLIP”
“YOU’RE FIRED”
Hell, take your pick!!
And OH, don’t think because you wrote a posting AFTER hours at home that you’re safe. As more and more companies move to regular use of technology, you NEVER know who may watching. Now, I’m not saying that you should censor your speech. However, you need to understand two points. ONE, if you say something disparaging about your employer, be prepared to accept the consequences. TWO, you don’t TRULY know who has your back in an employment situation so don’t let yourself fall into a false sense of security. In the right situation, people WILL DIME YOU OUT!!
Listen, we aren’t all of the same calibur as Hannah Storm or Tony Kornheiser or Shawn Johnson or Apollo Ohno. Millions of people are not resting on our every word. But be careful. There are a FEW people who are very interested in what you have to say and you don’t want WHAT you say to effect WHERE you work.
Never understand what is happening in the mind: Mental Health conditions and Social Security Disability
Mental Health conditions are some of the most devastating conditions that can afflict a human beings. Most of the time when we hear about them, they usually are in relations to two circumstances:
1) Somebody popular
Chynna Phillips of the pop group Wilson Phillips checked herself into rehab for anxiety over the weekend, her manager, Lizzie Grubman, tells PEOPLE exclusively.
2) Something traumatic
Thursday, Joseph Andrew Stack flew a small airplane intentionally into an IRS building. The IRS had 199 people who worked there. Joe Stack set his house on fire, left what is being considered a suicide note, and then flew his Piper Cherokee PA-28 into the Austin, Texas IRS building.
The brain is always going to be considered a mysterious organ. Of all parts of the body, this part is the one that continues to baffle the medical community. So it should come to know surprise that it can be difficult to ascertain the severity of a mental health conditions.
The mental health community relies heavily on a variety of different diagnostic testing, personal history, and mental status examinations to try to get a picture of how severe the mental health condition may be. It’s tough but the information these providers obtain is valuable and necessary if you are attempting to obtain medical benefits.
Regularly, I get asked by my clients what types of things does Social Security look for when trying to determine the severity of the medical condition. Here’s a few things you should consider:
1) The type of doctor tells alot.
I hate to tell you but SSA tends to give a bit more deference to a Psychiatrist or a Psychologist who is treating your mental health condition. There is nothing wrong with your family doctor but a specialist (Psychiatrist or a psychologist) tends to get greater favor. Now, before you ask, there is nothing wrong with going to a Mental Health counselor. However, it is helpful if the counselor is working with you in conjunction with a psychiatrist as part of a mental health plan.
2) The type of medicine you take says alot
Some medications give a clear indication of the significance of your mental health condition. There’s nothing wrong with Paxil or Zoloft. However, Risperdal and Geodon gives an indication of a much more serious mental health condition.
3) The BIG 4 things you need to know (Concentration, Memory, Crowds, Stress)
These are normal questions that are asked that you should give some thought to HOW you are going to respond. How is your concentration? Do you forget things? If you do, what do you do if you need to remember things? How are you around crowds? How many people is TOO many people?
4) Other THINGS MATTER
You have to remember that how you function in your day to day life matters. If you say that you can’t be around more than one person att a time but you go to church every other day (where you would expect to be MORE than one person), your response may be viewed as suspect.
5) Involuntary Admission
In Florida, the term “BAKER ACT” refers to an Act that permits for the involuntary admission of an individual into immediate psychiatric care for a short period of time. Every state calls it by a different name but this usually refers to a situation where a person expresses an intent to harm him or herself or someone else. These admissions may indicate the presence of something more severe.
6) STAY AWAY from the DRUGS (ILLEGAL DRUGS)
Let me blunt. Mental Health and Illegal drugs don’t mix. And when you’re applying for disability, you force SSA to try and figure out WHAT came first (the drugs or your mental health condition) and more important, do you get better if you’re NOT using drugs.
Like I said in the beginning, mental health disorders are tough and millions of people affected by these disorders are able to live productive and functioning lives. However, it’s important to realize that if you’re alleging that you are disabled due to your condition, you must understand that the few things I mentioned above may have a lasting impact on your ability to obtain disability benefits.
The hardest part about proving you’re disabled is relying on the medical treatment you are STUCK with
Today, a report was issued regarding the healthiest counties out 3000 counties nationwide.
Overall, the report found least healthy counties have childhood poverty rates more than three times higher than the healthiest counties. Residents of the least healthy counties are 60 percent more likely to be hospitalized for preventable conditions, a sign of poor primary care. A third of zip codes in the least healthy counties have at least one grocery store, compared to almost half of zip codes in the healthiest counties.
http://www.countyhealthrankings.org/
Of course, this information is probably not going to be broadcast on twitter, facebook or myspace. And with the winter olympics and the BACHELOR going on, few will truly appreciate the impact of this report.
What does this report tell you? Quite simply, as stated in one article, “Looking at each state’s best and worst further illuminates a well-known trend: The least healthy counties tend to be poor and rural, and the healthiest ones tend to be urban or suburban and upper-income. ” http://www.chicagotribune.com/health/chi-ap-us-med-countyhealth,0,2482605.story
Unfortunately, this doesn’t help the millions of people who are applying for Social Security Disability benefits. Why am I stressing this point? Quite simply this. The person bears the burden of proving they are disabled. The government doesn’t have to prove a thing. However, this presents a unique situation when you are sick, you aren’t working and you ‘DON’T HAVE INSURANCE’. So what do you do when you have those things striking against you? Well, you can either go to the free clinic, go to the Emergency Room, or get on the county health insurance.
Here’s how it gets tricky but you gotta try:
1) Ask about free clinics
You gotta ask your health care provider, the ER, social worker, county services, or non profits about free medical clinics. I always tell people that free medical treatment is better than NO medical treatment.
2) Find out if you qualify for county health insurance
Every county is different so you want to check to see if you qualify for any type of medical insurance that the county may offer. You don’t know unless you try. AND, if it’s available in your county but you haven’t tried to get it, it may count against you.
3) if you have a “SHARE OF COST”, make sure you understand what it means
A ‘SHARE OF COST’ basically means that you are responsible for a certain amount and anything above that, the government will pay. However, it gets funky because some people don’t understand how that works so you want to make sure you get a complete explanation so you can get treatment.
4) Go to the ER if your condition gets worse.
The Emergency Rooms are flooded every day. Unfortunately for some people, the only primary treatment they can get IS the ER. Don’t be afraid to go to the ER. At least you can get something if you HAVE to get treated.
5) Make SURE you tell SSA that you’ve done ALL of these things
I can’t tell you how many times I’ve had people who literally didn’t do anything. They didn’t go to the county. They didn’t go to the ER. They didn’t go to the free health clinic. AND YET THEY STILL say they can’t get any medical treatment. You gotta try in order to show SSA you made the effort.
I know that is difficult but you have to make the best of what you have available because in the long run, only YOU can prove that you are disabled.
Cancer and Social Security Disability benefits: Not as easy as you think
Today, I was going through my normal surfing like most people do and realized that Bo Griffin, former TV Host of HGTV’s “The Big Reveal” passed away due to Cancer. She was experiencing pain in her back and was unaware that she had cancer. Unfortunately, her bought with cancer was fairly short as she died with a few weeks of its discovery. She was diagnosed with intestinal cancer. The news of her death spread fairly quickly (thanks to the advent of social media, twitter, and you tube).
However, upon hearing of her death, I instantly thought about Roger Ebert, noted movie critic, and his widely publicized bought with Thyroid Cancer. He was successful in his fight but it left him with the inability to speak.
The thing that really resonated to me was the distinctive difference between the two types of cancer. In Ms. Griffin’s case, she had no knowledge of the cancer and it overwhelmed her quickly. In Mr. Ebert’s case, a radical procedure saved his life yet the possibility of it returning still remains.
I’ve represented a number of people who have had different types of cancers over the years and I have found that each one presents a unique set of circumstances as they relate to Social Security Disability benefits:
1) Suspected Cancer versus Cancer
The word “Cancer” is a terrifying word. Like HIV and AIDS, there is no known cure for cancer. As such, you can use chemo, surgery and radiation but you may not totally keep it from reoccurring. For purposes of Social Security, it’s important to know the difference between being diagnosed with Cancer and being ’suspected’ of having cancer. Usually ’suspected’ comes into play when the doctor has a reason to believe that some type of nodule or growth or something that has alerted them to the possibility of cancer. However, for Social Security purposes, this doesn’t not guarantee the receipt of disability benefits.
2) No two cancers are the same
Under the Social Security regulations, individuals may be found disabled if they meet the criteria for certain medical impairments that are listed in the regulations (The listings). Most people don’t realize that Social Security maintains several listings of different types of cancers. As such, just merely being diagnosed with cancer by itself doesn’t guarantee an immediate favorable result.
3) Remission sometimes means Recovered
Cancer is a devastating condition. The treatment that people have to go through in order to combat cancer can be painful and traumatic. However, most people don’t realize that it is not uncommon for people who have gone through the treatment to go back to their normal lives. As such, Social Security can be tough on some cases where the person has completed the treatment and their doctor has given them a clean bill of health.
4) Remission and BEYOND: How are you doing now?
Most people have to follow an aggressive follow up routine to make sure that the cancer doesn’t come back. Some people come out of the treatment with no problems or any residual problems. The key is ‘how are you doing now’? Most people don’t understand that Social Security wants to know if you are still having problems and MORE IMPORTANTLY, does your doctor know that you are still having problems?
5) Cancer and the TERI case
TERI stands for Terminally Ill. These cases are usually expedited because the person has a high likelihood of dying in a short period of time. I had the opportunity to represent my client’s mother when her cancer returned. Due to the aggressive nature of the cancer, she received disability benefits in less than a month. Unfortunately (god rest her soul), she passed a few months later.
I’ve had a few cases where I’ve literally watched someone deteriorate before my very eyes and so I take Cancer very seriously when clients complain that they believe they are disabled due to cancer. The word, by itself, doesn’t guarantee a result. Keep in mind that even though cancer is devastating, you must realize that you may need to provide SSA more in order to demonstrate that cancer is disabling to you.
Please don’t OVERTHINK those Social Security Disability forms!!
Like most administrative processes, Social Security Disability is VERY paper work heavy. After you have applied for disability benefits, you will receive a CRAP load of forms to complete. Work history forms, pain forms, mental forms, 3d party forms. If it relates to your condition, you will get a form about it.
However, I can’t tell you how many times people get these forms and LITERALLY lose their minds. Now, I’m not trying to be ’stank’ but these forms tends to frustrate people when they receive them.
In an attempt to calm your mind, here’s a few things to think about when you get these forms:
1) If you ADD stuff that you didn’t you didn’t previously mention, SSA will have to investigate
People always feel the need to “throw in the kitchen sink” when it comes to their conditions. I’m a firm believer that SSA needs to be aware of all conditions that affect your ability to work. However, you have to be smart. NOT every condition is going to affect your ability to work. So be mindful, focus your attention on those conditions that affect your ability to work. Remember, if you add it later, SSA is going to have to investigate it (Which means more time).
2) Keep copies so you can remember what you put before.
COPIES! COPIES! COPIES!! SSA will send you duplicate forms all the times. So unless you have a great memory, you’re probably not going to remember what you put on a form 3, 4, 5 or 6 months ago. Keep a copy so that you have something to refer to when the time comes.
3) It’s not that crucial. The question says what it says. DON’T READ INTO IT!!
If the question is asking “Can you cook your own meals”, that’s what the question SAYS!! These questions are not MISSION IMPOSSIBLE or 24. Stop spending so much time ANALYZING the question and thinking that you are going to ‘Out Smart’ SSA. Just answer what is being asked and move on.
4) If you don’t fill out the forms, you are just adding time to process.
So many times, I have people who refuse to fill out forms. These people either get mad because they are tired of filling out the forms or they think SSA has what they need. I got news for you. If you don’t fill out the forms, you’re either adding time to your process or risk getting a quick denial.
5) Say EXACTLY what it wants. NO MORE! NO LESS!!
This statement goes back to my “stop analyzing’ statement. IN addition, don’t use these forms as a chance to make your situation look worse than it is. If your back hurts 2 to 3 hours a day, don’t say that your back hurts 8 to 10 hours a day. Say what it actually is.
6) Stop whining about the fact that you filled out the same thing already. THAT’s THE IDEA!!!!
People, SSA is LOOKING for consistency in your statements. They are looking to see whether your statements regarding your condition (as you report it) is consistent. I know that it is easy to get frustrated when you keep filling out the same things over and over again. However, this paper work trail is designed to assist SSA in determining if your condition is the way you say it is.
7) Don’t stress about what you put down. You already sent it out so let it ride.
When you send the forms out, don’t lose your mind. You’ve written down everything so trust what you’ve written. Don’t stress on it. Just send it.
I know this post may seem a little harsh. Unfortunately, it is a necessary process and the system is not designed to BEAT you so don’t act like it is. Remember, you bear the burden of proving you are disabled. They won’t know unless you tell them accurately.
The ALMIGHTY ‘Date Last Insured’ Mystery: What the hell is a DLI??
Ok, of the almost 9 years of practicing Social Security Disability law, this question is one that I usually have to take a minute to really explain. Most people don’t even know what it is until they get a letter from SSA during the disability process telling them about it. When they get a letter that talks about it, it will usually say one of two things:
1) You are ineligible for Social Security Disability because you don’t have enough quarters of coverage.
2) You have provided insufficient evidence to demonstrate you became disabled before this date ____________.
If you get either of these two types of responses in a letter from Social Security, this usually means that you have a “Date Last Insured” issue or what is referred to as a DLI.
For those of you who have seen this phrase but don’t know what it means, I’m going to give you the technical definition and then the REEVES explanation.
Technical Definition:
DLI is the last day in the last quarter when disability insured status is met. As of the DLI the individual must be fully insured or deemed fully insured, and must meet the appropriate disability insured test. A per has DIB insured status if he or she:
- Has at least 20 QC’s during a 40 quarter period ending with the quarter the waiting period begins; and
- Is fully insured in that quarter.
Onset development can be curtailed if:
- The DIB claimant clearly does not meet disability insured status as of the AOD or later; or
- The DIB claimant does not meet disability insured status based on information on the earnings record and any lag wages;
Social Security Administration Programs Operation Manual System
REEVES explanation:
Ok, i’m sure alot of you are reading the technical portion and are having a ‘Scooby Doo’ moment!! ARROOO??? Let me make it a little easier. When you work, you pay into Social Security. This payment is more than just retirement. This payment insures that you have disability coverage in the event you can’t work due to your disability. Now, in order to be fully covered, you have to worked for a certain dollar amount. Once you have achieved this dollar amount, you are covered for a period of time (Even if you stop working). So it’s like this, let’s say that you worked for 5 years and stopped in December 31, 2003, according to SSA (and this is a ROUGH approximation), your COVERAGE would extend to December 31, 2008. Now, here’s where it gets tricky. Using the example I just provided, here’s a few questions that pop up:
a) I became disabled on January 1, 2009. What does that mean and what should I do??
This situation is the one that comes up ALOT. You get the letter that says that they don’t have any evidence to demonstrate that you are disabled before DLI (In this example, 12/31/2008). As such, you have three options. The first is to amend your onset date to before 12/31/2008 and try and obtain evidence BEFORE 12/31/2008. The second is to drop your claim for DIB. The third is to try and convince SSA to relate back.
b) I became disabled on December 1, 2008 but my first medical evidence isn’t until Feb. 1, 2009. What do I do??
This situation is the typical “relating” back situation. This situation is tough because you are literally asking the SSA to ASSUME that your condition is bad as it was at the time you started getting medical treatment. Unfortunately, this answer is not simple. Sometimes, a doctor can complete a statement indicating that you were disabled in the past and give statements to support that opinion. If your condition is one that could reasonably be expected to have been disabling in the past (i.e. IQ), a judge may be able to make that assumption. Sometimes, a medical expert may be called in by SSA to review your records to determine if they can go back.
c) I became disabled on December 30, 2008. Am I covered?
Of course, if you are able to demonstrate that your condition became disabling BEFORE 12/30/2008, then you should be covered by the Social Security Administration.
d) If I am disabled on December 30, 2008, will be disability END on December 31, 2008?
So for those of you who are freaking out and thinking that you will only get a DAY of benefits, this is not true. By demonstrating that you were disabled before the ending of your insurance status, you will not be eligible for disability benefits going forward (Unless SSA determines an end date for a closed period but that’s another post)
e) What if I get disability, get better and get off of disability but then I need to go back on it again. Am I stuck?
Most people don’t realize that your disability insurance status literally FREEZES. As such, this status takes into account the possibility that the person may get better. It’s important that if you are receiving benefits and you get better, ask SSA when your new DLI would be if you stop receiving disability benefits.
Ok, now I have spent alot of time talking about what happens if you have issues with the DLI. Now, what happens if you DON’T have a DLI. This situation usually comes up when you didn’t even know that you hadn’t the requirements. This situation gets goofy because it usually falls under two scenarios:
1) You didn’t have enough quarters
Unfortunately, this situation is pretty much a lock because you either Have them or you don’t.
2) Some of your earnings were not reported.
This situation provides a little more wiggle room. Sometimes, you may be aware that you have coverage but some body didn’t report the information or didn’t report your earnings. If this situation arises, you need to notify SSA to possibly correct this information.
I know this post was kind of long but I can’t tell you how many people have found themselves frustrated because they didn’t know that their disability status was affected by their earnings. I hope this clears up a few things.
The BIG THREE (Asthma, Diabetes, Hypertension): Be careful. YOU control how these conditions affect your Social Security Disability claim.
Ok, before I get started, let me get one thing straight. I am not saying that you should not put any information about these conditions in your Social Security Claim. That is NOT what I am saying. However, these conditions are unique in a variety of ways:
1) You control whether they get better
HYPERTENSION - in most situations, proper diet and proper exercise can go a long way towards making your situations better. It’s important that you take the opportunity to follow your treatment regiment.
ASTHMA - there are some things that you can do to prevent asthma attacks. You can avoid certain chemicals, dusts and fumes. You can avoid certain exercises and heat. You can avoid certain conditions.
DIABETES - like Hypertension, proper diet and proper exercise can go a long way. It’s important that you take the opportunity to follow your treatment regiment.
2) You control whether they get worse
Ok, here’s the part where I get GUTTER so get ready to get your feelings hurt.
HYPERTENSION - I don’t give a damn HOW much you like that bar-b-q fish sandwich. 1000 mg of salt is a 1000 mg of salt. Recognize this part as well. If your doctor is telling you that you need to lose weight, this is NOT a request. If you are obese and your diet is bad, it’s not going to help your case or your health.
ASTHMA - Repeat after me “SMOKING AND ASTHMA DON’T MIX”! That’s right, dammit, put the Black and Milds down. I down care how much you need to suck on that stick in order to relax. If you have asthma, you better learn to eat an apple.
DIABETES - I know you don’t like raw vegetables and OOOOOOOO, that haagen daas looks good. Back AWAY from the table. Like Hypertension, some things just don’t mix.
3) Doctors can put information in your case that may be harmful to your case
There are two words that doctors can put in your notes that are DEVASTATING to your claim:
UNCONTROLLED - in most instances, this word can mean two things. One, your condition is so far gone that it doesn’t matter what you do, you can’t get it under control. Or TWO, your condition is not being controlled by you. In any event, you don’t want a judge to decide which one of these she wants to pick.
NONCOMPLIANT - this word is like a written FORK. If it’s there, you’re done as far that condition is concerned. Unless you can give a great reason why you haven’t been doing what the doctor TOLD you to do (that’s what non compliance means), then a judge may determine that you aren’t TRYING to get better.
Most people don’t realize that they bear the burden of proving they are disabled. As such, you must take all necessary to make sure you do what you need to do.
It’s a shame that Hurricane Katrina and the earthquake in Haiti had to remind us that in tough times, we are ALL in this together!
The other day I heard a story about how someone voluntarily helped out a friend who was in a bad financial position. They didn’t do it because the person just got out of a hurricane. They didn’t do it because the person just survived an earthquake. They did it because their friend was in need and they knew that friend would not ask for help. They helped simply because “we are ALL in this together”.
In the early months of opening my own law firm, I worked with an attorney and a frat brother, Attorney Larry Hardaway, who offered me the opportunity to have my own office and office space with NO over head. He didn’t ask me if I needed it. He didn’t charge me some reduced rate or require that I do extra labor. In his words, “When I went out on my own, another attorney and fraternity brother opened his doors to me. I’m just returning the favor.” Those words from a man who had been practicing 30 years really rang out. He did this because, quite simply, “we are ALL in this together.”.
In my life time, I’ve seen a few things that made me MARVEL at how quickly the world can come together. I was there for the original “WE ARE THE WORLD” and “FARMAID”. I was there for Hurricane Andrew, Hurricane Bertha / Fran, and Hurricane Katrina. I remember the devastation in Asia due to the Tsunami and the Earthquake. And now, HAITI! The one thing that continues to marvel me is that it doesn’t matter our political affiliations, our political parties, our religious beliefs, or our moral values. Once a natural disaster occurs, we forget ALL that and pull together and get it right.
Well, ladies and gentlemen, right now. We’re going through a natural disaster on our own soil. The time for ‘flipping houses’ has been replaced ‘foreclosures and quick sales’. The time for big investments have been replaced by Enron and Bernie Madoff. Big Business is being replaced by Bailouts. We are STRUGGLING!! However, we DON’T have to struggle ALONE!!
So many times people say “Misery LOVES company”. The idea is that miserable people want to bring others down. Trust me, that’s not entirely true. Some people want to know that others share in their misery and can give them comfort in knowing that they are NOT alone. In the midst of misery, the MIND can create all kinds of ideas to thrive and survive.
I’m not saying that that we shouldn’t help each other during a natural disaster. As a whole, we all instinctively reach out to each other when a devastating situation occurs. It goes without saying. However, we are in the midst of a serious financial and domestic crisis. We are NOT going to get through it by waiting for a government hand out. We are NOT going to get through it by waiting on a stimulus check. We are NOT going to get through it by blaming those who caused the problems or by blaming those who are not fixing it fast enough.
We are going to fix it because we realize that we are ALL in this together. Put it like this! Let’s say you got two people. One person is thirsty but only has a loaf of bread. The other person is hunger but only has a six pack of soda. Well, if the two people get together, they won’t be hungry or thirsty. Problem solved. Let’s do it together!
I don’t have $20,000! Why do I OWE Social Security money for some overpayment and how can I get out paying this money?
OOOOOOOO, WE! This situation is one that I rarely like to mess with when it comes in front of me. Some of you may know what I’m talking about when I say it. You rolling through life. Getting yo swerve ON and then BAM, you get a letter from Social Security saying you owe them ALL KIND OF MONEY!!
I just got one word for that: DAMN!!!
Wait a minute! Let me get back to being professional for a minute. The simple fact is that in some situations, you might get HIT with what is known in the Social Security arena as an OVER PAYMENT! What it means is that SOMETHING has happened that has resulted in the Social Security paying you more than what you were supposed to receive.
Now, I’m gonna hit you with a few Questions and Answers and hopefully it will help you out:
1) Why did it take SSA so long to realize that they were paying me too much?
Let’s be real. SSA handles millions of claimant’s money on a daily basis. I know this sounds silly but it is very possible for them to miss someone who has slipped through the cracks. OR, they may have only been alerted to the problem recently. I know that it stinks to say that “IT HAPPENS”, but it does.
2) What kind of situations could have caused this to happen?
Now, I could write a BOOK just on the number of situations that this occurs. However, let me give you a few common ones that tend to come up:
a. You get a cash settlement
b. You go back to work.
c. You are put in jail.
d. You win the lottery
e. You keep checks for someone who has passed away.
These are just a few but so many times, people THINK that the government should know about these things ANYWAY so they don’t bother to let them know. I tell people all the time that you can’t think like that when you are dealing with the federal government. You gotta keep them in the loop and NOT just think that “The government should know”.
3) Why am I having a hard time finding an attorney to take this case to help me?
I hate to tell people all the time that attorney’s typically work on contingency fee basis so they may not take this case because they can’t make any MONEY on these cases. Some attorneys handle these case but they probably require money up front.
4) I legitimately DID NOT KNOW. What do I do? I can’t live without my check. What do I do?
In the instance that you legitimately DID NOT KNOW or if you would experience a significant financial hardship if they took the money, you can apply for a waiver. You better make sure you bring plenty of documentation to demonstrate your financial stress.
5) Will they take ALL money every month?
This part is where it gets tricky. In most instances, they should only take a portion of your money. However, depending on the circumstances, they may suspend payment of your monthly check until they garnish all of your money. Every program is a little different and it depends on the circumstances.
6) What should I do when I have paid them back?
Track your money. It is important to make sure that you get something in writing that states that your benefits will be reinstated once they have recouped the money or you may be looking at having your benefits terminated.
7) What can I do to make sure this doesn’t happen again?
Notify! NOTIFY! DOCUMENT! NOTIFY! If you come into some money, if you work, if you go to jail or ANYTHING that will have an impact on your financial situation, OPEN YOUR MOUTH and let SSA KNOW!
There is absolutely NOTHING sexy about an overpayment case. However, it’s important that you take aggressive steps to monitor your money and to let them know when situations have changed in your life that may affect your benefits.
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