Hurry up and wait: Social Security, federal funds, the Gulf of Mexico and the American people’s money
My heart really goes out to anyone who has to apply for Social Security disability benefits. It’s a long process and it’s a tedious process. However, it does have one thing in its favor: It IS a process. It stinks. It’s difficult. It’s frustrating. But it IS a process. And we have that process because, at the end, of the day, you’re dealing with federal funds. When you’re talking about federal funds, you’re talking about the American people’s money. And let me tell you, people don’t care about other people’s money. They care about their own. And in some instances, they care about yours if they can get it. So, we have a process to make sure it doesn’t get abused, misused, mishandled, and / or misappropriated. Unfortunately, no one wants to hear that when they need it. However, this is a time when we need a process.
How many of you remember Hurricane Katrina and that whole fiasco with the debit cards that were sent out? A lot of struggling people didn’t get the benefit of the monies the federal government wanted them to get. WHY? One, they wanted the money RIGHT NOW! Two, in its effort to get the money to them right now, the federal government gave some people money they didn’t deserve.
Now, what does that mean for this latest disaster in the Gulf? Again, we are faced with a situation where the American people want their money RIGHT NOW!! But it’s clear that the government has a process. Look at it like this: let’s say that you were in an auto accident and it was the other driver’s fault. That driver has insurance and your car has over $5000 in damage. Who do you want to pay for it? That’s right! The other driver’s insurance. Well, let’s assume that in your haste, you tell YOUR insurance company to pay for it because the other driver’s insurance is not as good as yours. Ok, now you get what you want. Unfortunately, your premiums go up. The accident counts against your insurance. Finally, your insurance company informs you that, if you get into another accident, you will be dropped from your policy. NOW, you’re mad. But why? Had you slowed down a minute and let the OTHER driver’s insurance handle it, you wouldn’t be in this position.
Now, I’m not trying to make light of the peril and hard times of those in the Gulf. I’ve spent my entire legal career working with people who have to deal with the federal government in an attempt to receive their funds through a lengthy process. My point is this, BP caused this car accident. They have the insurance. Remember, the ENTIRE COUNTRY has to foot the bill for any money that comes out of OUR pocket to address this situation. A situation that was caused BY BP!!!! Let their insurance coverage address it and you just wait for the rental car.
The uncut and hard realities about Health Care and Social Security Disability: Just my perspective
This weekend is being billed as Historic. President Obama is on the attack. The Republicans and Democrats are in a dog fight. The media is going crazy. And what is the big hoopla about?? In one word, HEALTHCARE!! Enough said!
This Sunday will be the historic vote on the HEALTHCARE bill. We’ve all heard about it. We know it’s coming. It’s only a matter of time but BOOM, it will be here. I’m always excited about any reform that will benefit the American people but I have a unique perspective. Most of my Social Security client are comprised of that large segment of the American population that does NOT have health insurance. As such, I am particularly concerned with the outcome of this vote.
I’ll tell you. Over the next few days, I am going to review it thoroughly. I am not going to be a hypocrite and tell you that I know the intricacies of the Healthcare bill. I don’t. However, I do have some questions. It will probably fall on deaf ears and more importantly, smarter people than me have probably figured it out already (Please be careful about what you read because there may be some offensive or profane language in this post):
1) What’s it going to do about health care now?
Ok, this may seem ‘ass backwards’ but how immediate is this bill? I do know that some portions of it will go into effect immediately. However, when they say ‘immediately’ is that 2 hours after it passes?? 2 days? 2 months? 2 years? And this is only one part of Congress. What about the Senate? Are they going to STINK It UP and put a STOP TO THIS! If the House passes this thing, and the Senate kills it, are we stuck again?? I don’t mean to be rude but if the majority of the HOUSE (Which are comprised of people who fight for their jobs every 2 years) pass it, shouldn’t we be angry if the SENATE (which are comprised of people who fight for their jobs every 6 years) decides that they are going to kill it? Every time Healthcare comes it, politicians treat it like an illegal drug that you shouldn’t touch. We have people who are in bad shape RIGHT NOW and their fate are left in the hands of those who HAVE INSURANCE and are COMFORTABLE! Do they really feel their pain??
2) What’s it going to do about county care?
For those of you who have the benefit of Blue Cross/Blue Shield, AETNA, or UNITED HEALTHCARE, let me tell you about the COUNTY HEALTH INSURANCE. For alot of people, that’s the ONLY insurance they can. It may not cover much. It may only allow for one office visit every 6 months. It may take forever to get an appointment. However, it is the ONLY thing that alot of people can afford. Unfortunately, alot of counties have found themselves reducing the amount of benefits or getting rid of them all together. These county health plans are the life blood for alot of people who don’t have the funds to get health insurance. Are these programs going to be helped?
3) What’s it going to do about states who play ‘lose’ with federal funds?
OK, this part really PISSED ME OFF! I didn’t know but a few states have furloughed (put on unpaid leave) state Disability Determination Service workers in an effort to save money. For those of you who don’t know who these people are, let me tell you. When you apply for Social Security Disability benefits, your case is sent for medical development. The states are responsible for this work. The state agency that handles this work is called the “Disability Determination Services”. They do it all. They call you to ask you about your condition. They review your medical records. They request your medical records. They set you up for Doctor’s appointments. They get your school records. They get your work records. They make a medical determination through medical records review. In other words, THEY are the ones that play HUGE part in determining whether YOU ARE DISABLED, DAMMIT! Even more frustrating is the fact that the federal government has designated this money SPECIFICALLY to make sure that these cases are processed. I’ve been doing this work for a few years now and I can tell you that Social Security has been doing a KICK ASS job of bringing the backlog down. They have created a National Hearing Center to hear the backlog of hearings. They have hired more staff in the hearing offices. They have hired more staff in the local Social Security offices. They have hired more staff in the DDS offices. And NOW, the feds have to worry about states that decide they want to keep FEDERAL dollars designated for this purpose in their pocket?? I’m sorry. Didn’t President Obama say in this state of the Union that no more spending will occur EXCEPT for VETERANS AND SOCIAL SECURITY????? I guess some states missed that part of the DAMN speech! Fortunately, the federal government is jumping on this trend now before it gets out of hand (http://www.ssa.gov/pressoffice/pr/ca-senate-bill-29-pr.htm) but still, will this new bill address this problem?
4) What’s it going to do about people who apply that DON’T need it?
Now, some people aren’t going to like what I’m about to say here but I think it needs to be said. NOT EVERYONE QUALIFIES FOR SOCIAL SECURITY DISABILITY. Now for those of you who scream that only the blacks, the whites, the latinos, or the minorities get it, I hate to tell you but YOU’RE an IDIOT if you think it’s only limited for certain ethnic groups. The simple fact is that not enough energy is being spent to EDUCATE people on the standards that it takes to qualify. Most people don’t know about the 12 month rule. Most people don’t know that you have to be incapable of performing your past work or other work. So much energy is spent on all of the other aspects of this program, am I not seeing the money spent on PSA or ad campaigns educating people about what you need to do to qualify for SSA benefits?
Like I said, I’m sure that there are several people who are much smarter than me that have addressed these points already. I’m just fired up because our society is not just comprised of the HAVES but the HAVE NOTS as well. I’ve always been a wee bit concerned that our rights are being fought by people who 1) are earning about $80,000 a year, 2) have health insurance, and 3) are probably not struggling financially. I can only hope that our voice through the grass roots initiatives and the media will let them know that this is a ’serious matter’ and we don’t have time to mess aaround.
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.
Natural Disaster Law 101: Are you ready to move your life on a moments notice
For those of you who don’t live on a coastal state, we are OFFICIALLY in the FULL SWING of Hurricane Season. However, as a native of Arkansas (i.e. Tornado Alley), I understand how crazy it can be when a natural disaster strikes. The one thing that is common amongst every state in the Union is that you are susceptible to a natural disaster. Whether it’s mudslides or wildfires, hurricanes or tornados, earthquakes or flooding, and a myriad of crazy things in between, natural disasters can literally shake the foundation of your life in a matter of minutes.
The most important thing you need to know is that as long as YOU are ok, everything else is replacable. However, when your life has been greatly altered by a disaster, the hardest thing to do is to reconstruct what you’ve lost.
As crazy as it may seem, taking just a few simple steps can not only greatly help you rebuild your life but also help you help someone else:
1) Where in the world is the WEATHER?!
This statement seems weird but ask yourself this question, do you KNOW what natural disasters may affect your loved ones?? Sometimes, you need to be prepared to know what type of disasters your loved ones may be exposed.
2) Put your CRUCIAL documents in places in areas that may be weather safe!
If you’re like me, then you probably have documents all over the place. You know where they are but you never think about what you need to get if you have to leave on a dime! Put your items in fireproof or water proof container so that you can leave on a moment’s notice and not have to worry about the elements affecting your documents.
3) Don’t sleep on a safety deposit box.
When have you ever heard of items in a bank safety deposit box being destroyed by a disaster??? These boxes are designed to withstand explosives, fire, and the elements so why not put your items that you really need in a safety deposit box.
4) “ON THE GO” Kit.|
Here’s a drill for you. If you had to run out the door in 60 seconds, what would you absolutely MUST have with you when you leave? Now, I bet after you think about it for a few minutes, you’ll realize that that list is longer than you think. Take a second and get the things you need in one spot. Things like insurance cards, social security cards, insurance policies, lease / mortgage, credit cards, etc.
5) Itemize what you own.
Can you list EVERYTHING you own off of the top of your head? You think it’s crazy when you move, try reciting everything you own to an insurance company when your home has been destroyed or significantly damaged. It’s a pain but take a few minutes to itemize everything.
6) Check your insurance policies NOW!
Are you sure your policy covers your property through a storm? Does it cover wind or water or both? How about mudslides or earthquakes? Don’t wait for the emergency to happen and THEN get your feelings hurt when you find out your policy doesn’t cover the disaster. Find out now.
7) Contact Calls and Contact Phone numbers
Ok, I know we live in Cell Phone Central and Twitterville, USA but imagine a situation where the TOWERS go down and the internet is gone. Whatcha gonna do now?? Keep a land line available in your home if possible and more important, ensure you have a list of people who will expect a call from you in the event of a disaster.
The Joy of the Virtual Universe
As silly as it may seem, the joy of ‘ZIP DRIVES’ makes it possible to save the things on our computer that we may need. Remember the good ole days when we used to copy things on floppy disks and CDs? Now, you can use your USB and 5 or 6 GB drive that can be used to take anything sensitive off of your computer. Also, if you scan things to your computer, you now have a copy of the document that you can put on your key ring.
Natural disasters are devastating and can be even more traumatic when you are trying to put your life back together. Take the steps now to make sure you have a head start.
Common Sense Legal Tips for Natural Disasters
For those of you who live in Coastal States, we all know what June 1 signifies. That’s right. Hurricane Season. After living through 6 or more hurricanes (including a pretty strong Cat 3 storm), I truly appreciate the importance of preparing for the worst. However, as a kid growing up in Tornado Alley, I, also, understand that Natural Disasters can strike at a moment’s notice. Most of us don’t give a lot of thought to how we will deal with the rebuilding process if a natural disaster may hit. Whether it’s a flood, hurricane, tornado, forest fire, mood slide or earthquake, we should all be prepared for the possibility that we may need to move at a moment’s notice. With that being said, here a few common sense legal tips for Natural Disasters:
1) If you keep all of your money in your house, guess what happens when your house is destroyed? I know a lot of people who don’t trust banks. And if you have to get on the road quickly, you may not have access to an atm machine or a bank. There’s nothing wrong with keeping a few dollars handy but let’s be real. If you keep ALL of your money in your home, what are you going to do if you don’t have time to get it all? Keep your money in a bank or credit union so you have ability to access your money from a remote location if you need to do so.
2) First time, shame on them. Second time, shame on you. If you’ve been through a natural disaster in your area and survived, consider yourself blessed. However, if you learn nothing from that previous experience, you can’t be mad if you didn’t make the necessary preparation for a second time. Pay close attention to the things that you didn’t do the first time around to ensure that you have the necessary preparations.
3) Keep sensitive documents in a place where someone can get to them. If you have a will or life insurance policy or some other document, you may want to create a duplicate so that someone else can access it if they need it. Think about it. If your home is destroyed and you only have one copy of your document, reconstructing it may be an issue.
4) Create a grab bag. Take a Ziploc bag (a big one) and put every sensitive you may need in the bad. Birth certificates, marriage licenses, insurance policies, mortgages, wills. Keep this bag in a location where you can ‘grab it’ and run. If you have to leave on a moment’s notice, you won’t have time to run all over the place looking for documents.
5) Tell someone that it is about to GO DOWN!!! You should always keep family and friends informed of the natural disasters that are in your area. Most disasters come with no warning so that if your loved ones realize that you are in that area, your phone will probably start blowing up. For Hurricanes, you usually have enough time to move but you still want SOMEONE to know that you are about to be mobile so they will know about your whereabouts.
6) Three numbers you should always carry: Your family / friends, your insurance, and your state attorney general. Now, Family should be self explanatory. You should contact your insurance company as soon as possible to let them know that you may have a claim. Now, some of you may be looking crazy because I said “your state attorney general”. Recognize this, in a time of crisis, people look for opportunity in the midst of misery. That’s usually when you see price gouging and people trying to take advantage. Most state attorney generals are ready for those people who are trying to run dirty. They won’t know unless you tell them.
7) Check your policies. Make sure you contact your insurance carrier to get an idea of what your policy covers. The last thing you want is to put a claim forward and realize that you are not covered.
Inventory your effects. Wooooooo, I know I set you back on this one. You probably think that you know everything in your house. Well, start writing a list and you will quickly realize that you have more things than you think.
9) Use the resources. Emergency Response teams in most cities and counties are prepared to provide you the support you need to prepare for a disaster and rebuild after a disaster.
10) Be safe / Be smart.
Some of the things that I’ve shared with you may seem very generic. However, after having to relocate after two hurricanes, I realized that most of us are ill prepared to handle a natural disaster when it comes. Even more disturbing is that most of us don’t realize how difficult it is to start over when you are attempting to reconstruct your life. Prepare now so that you are ready for when the worst comes.
