The Power of the Elderly: Social Security Disability and Advanced Aged individuals
As a society, we spend alot of time mourning and pining over the inadequacies and mistakes that constantly arise in our young generation (For purposes of this discussion, the young generation is anyone under 50). The entertainment community is still reeling from the death of Teen Idol Corey Haim. We are still anxiously watching the rehabilitation of Tiger Woods. The sports world is closely following Marion Jones. We won’t even talk about the countless Lindsey Lohan, Nicole Richie and Brittney Spears sitings that tend to dominate the airways.
I understand that this information may be pertinent. And let’s get one thing straight, I’m RIGHT in the mix of those people who are following all of this extraneous information (I would be a hypocrite if I denied that I didn’t want to know how Britney Spears was doing with her kids).
But the thing that blows my mind is the power of the elderly. Which is why some people who are applying don’t fully appreciate why the Social Security Disability regulations tends to be more favorable for those over the age of 50.
For those of you who don’t know, the Social Security Administration puts people in 5 categories when it comes to applying for Disability claims:
1) Childrens: 17 years and younger
2) Younger Individuals: 18 years to 49 years
3) Closely Approaching Advanced age: 50 - 54 years
4) Advanced Aged: 55 - 59 years
5) Closely Approaching retirement age: 60 years to 64 years.
The regulations tend treat those individuals who are over the age of 50 differently because those individuals have a tendency to have been in the work force for a more significant period of time. Therefore, their ability to adapt to other jobs may be diminished as time progressed.
However, there’s another thing that people underestimate. It’s not something that is readily written in the regulations. CREDIBILITY! Especially if the person is someone who has CONSISTENTLY worked for years and years and is still trying.
Don’t believe me? Not trying to say that these persons should apply for disability but keep these thoughts in mind:
1) Michael Jackson, 50 - before he died, you could arguably say that there are few people who could dance with him at his age.
2) Chuck Norris, 70 - he still does work out videos, he still teaches, and his still considered one of the baddest martial artists of all times.
3) Tina Turner, 70 - she got finished with a tour, a TOUR in Europe and for those who have never seen her, she dances NON stop!
4) Betty White, 80 - she’s still doing movies and do I need to remind you that her commercial was the number 1 Super Bowl commercial and there was a FACEBOOK drive to get her on Saturday Night Live??
You know why these people STAND out? It’s because there is something inherently credible about someone who continues to work despite their age and the underlying health problems that come along with it. You respect those people because they don’t make any excuses. They HIT IT!!
Now, don’t get salty and think that if you’re young and you’re not working that I’m calling you out. I’m doing that at all. I just need you to understand how powerful a statement that it sends when an elderly person has had a long and continuous work history. This information demonstrates to the Social Security Administration that a person was dedicated and committed to sustaining their livelihood. In addition, in the end, most of these people would RATHER be working than receiving benefits. Am I saying that this is going to guarantee their receiving benefits?? NO. Am I saying that it helps? DAMN RIGHT!
Remember, the very essence of Social Security requires individuals to work and pay into the system. The system can’t work unless you work. When an elderly person applies, it says alot about their credibility. SSA may give a little more deference to what they have to say when they complain of aches and pains because if their record shows they are a WARRIOR, they know that WARRIORS don’t whine!
The Social Security process is long but it does value those who truly are dedicated to contributing to its long term progress. Don’t sleep on the Power of the Elderly.
How do you pick a law firm?
How many of you have been swamped by TV ads about lawyers? If you’ve had an auto accident or a slip and fall, you can probably find a personal injury lawyer within 5 minutes of turning on the TV. But if you need something else, it may be a little more difficult. So what do you do? You go through the phone book and OH MY GOODNESS, your head is probably spinning because of all of the pictures, listing and ads for attorneys.
So when you are looking for an attorney or a law firm, what should you do in order to help you with your search?
1) BIG FIRM v. SMALL FIRM! Firm size as it relates to your case is really a matter of preference and the case you have. Don’t get me wrong. A large firm typically has alot of resources available to it. However, don’t get the idea that bigger is necessarily better. I’ve known attorneys who are solo practitioners who have settled multi-million dollar cases as well as attorneys in big firms. Interestingly, it really boils to what you feel comfortable.
2) PERCENTAGE OF WINS DOESN’T GUARANTEE RESULTS! I can’t tell you how many times I’ve had people ask me “What is your win percentage?”. The simple fact is that people feel comfortable knowing the likelihood of success as it relates to their case. There is nothing wrong with that thought process. However, what most people don’t realize is that some law firms screen cases in order to accept cases they feel they have a greater propensity to prevail. So if a law firm is willing accept your case, they have pretty decent expectation that they may be successful. However, it is possible that your case may not have the ultimate outcome you are looking (depending on your facts and circumstances). Just remember that percentages are great but don’t penalize a firm for not having the results you are looking for because every case is a little different.
3) YELLOW PAGES! OOOOOOOOOO, I know this must be a NIGHTMARE for you. You see HUNDREDS and HUNDREDS of attorneys but which one do you call? Don’t freak out. You probably won’t have any problems with who you select out of the yellow pages so don’t get upset because you have so many to choose.
4) WHAT DO YOU WANT - INTERACTIONS!! Ok, this part may the most important to you. All attorneys have an ethical obligation to keep their clients informed. The important question is HOW MUCH interaction do you really want or HOW MUCH interaction is important to you? Some people want an attorney that they can talk to weekly. Some people is ok with just monthly contact or quarterly contact. Some people can talk to their attorney through the internet and some call the attorneys cell. You have to ask yourself HOW MUCH interaction do you require.
5) REFERRALS ARE GREAT! One of the best places to FIND an attorney is to ask someone you know who has USED an attorney before or who KNOWS an attorney. If you talk to someone who has used an attorney that you need, you can get in-depth knowledge about the person’s experiences. THis part gets tricky because everyone’s experience is difference so you may find yourself missing an opportunity to get a good lawyer. However, you can still get some good insight into what to look for when you are doing your search. If you know an attorney, attorneys typically can refer you to someone who actually does the type of law you are looking.
6) LAWYERS ARE NOT JESUS! Ok, before you start cursing me for being a HEATHEN for using JESUS’s name in vain, let’s get one thing straight. I am religious and this statement is in NO WAY meant to disrespect any religious faith. Now, that THAT’s out of the way, get one thing straight. Lawyers can’t WALK on water so please get this thought out of your mind that your mind that your attorney needs to be a miracle worker. Alot of time, people have a really high expectation of what attorneys do and if they can’t make it “Shake, rattle and roll”, there may be HELL to pay! Remember, your attorneys can only work with the law that are presented to them and your fact that constrains them.
7) NINJA v. SAMURAI! For those of you who don’t have any martial arts experience, a NINJA is an assassin who practices the art of stealth and covert operations. A SAMURAI is a warrior skilled in the art of open combat and warfare. Ultimately, both fighters serve the same purpose: To destroy their enemy. Depending on your case, you have to ask yourself the question: What type of lawyer do I want? Do you want the lawyer who is quiet, unassuming but gets results OR do you want the lawyer that raises hell and kicks down doors but gets results? Ultimately, they both get results. So which one do you want?
2ND OPINION IS FINE BUT DON’T COMPARE! I can’t begin to tell you the number of times I’ve said this people. There is absolutely nothing wrong with getting a second opinion. You are more than within your rights to investigate multiple law firms. However, searching for a firm is not going to a car dealership. Telling one law firm that another law firm can do something that they don’t may get you a “STANK” response. If you don’t know what I mean, try telling one firm about something another firm says they can do and you will quickly see what I mean.
9) THEY CAN’T READ YOUR MIND! When you are in the process of hiring an attorney, as silly as this may seem, ASK QUESTIONS!! If there is something on your mind that you want to address, don’t keep it to yourself and expect the attorney to figure out what it is you want to know. Hiring an attorney is a big decision so if you have questions, ASK!
10) GET PRELIMS ON THE PHONE! Listen, when you are searching for an attorney, get some basic information out of the way in order to narrow your search. Ask if they have free consultations (or how much they cost). Ask for a website. Ask for what areas they cover. Get all of that out of the way so you can figure if you need to come in for a more thorough discussion.
11) BACKGROUNDS ARE HELPFUL! Attorneys understand that their expertise can only add to their ability to help you. So when you see attorneys highlting their certifications, the courts they are admitted, their past work experiences, and their background, it’s because they want you to have a greater appreciation of what additional skills they bring to to the table.
12) TRUST YOUR GUT! At the end of the day, all of these bells and whistles that I am sharing really boils down to hiring someone that just feels right for you. You can see a million commercials, talk to a bunch of people, or ask a million questions but ultimately, you have to feel good about the attorney or the firm you are hiring.
Hiring an attorney is an important decision. Whenever you are taking the steps to find someone to help you with your case, it is important that you find someone that is right for you. Not every attorney or law firm is perfect so all you can do is find someone or some firm that is perfect for you.
Don’t KILL your case!
The legal process is a frustrating beast and let me be the first to tell you, the BEAST always wins! Now, I am not saying that the BEAST will beat you but what I am saying is that most people get so upset with the waiting, the red tape, and all of the little steps you have to take in order to get from point A to Point B that they sometimes do things in order to fight the BEAST.
If you’ve hired an attorney, your attorney is trained to fight for you as well as deal with this BEAST that is known as the LEGAL process. Unfortunately, too many times, people will do things that may potentially HURT (or even KILL) their case:
1) Talking to witnesses on your own. Depending on the situation, you really should let your attorneys talk to potential witnesses. Why? One, attorneys tend to fully document the context of the conversation. Two, attorneys tend to have specific, well crafted questions that they ask which will give them an idea of whether the witness’s information is helpful or harmful. Three, what you tell your witnesses may eventually come back to bite you in court. You don’t know how someone will convey what you said to them.
2) Sending in your own evidence. So you found something that you think is useful, that’s great. Make sure you let your attorney see it first. Most attorneys are aware of discovery requirements but if you decide to give the other side some information that you didn’t necessarily have to give and it’s damming to you……….do I need to go further??
3) Taking steps without consulting your attorney. If you are going to do what you want to do, then you probably don’t need an attorney. Most attorneys work to carefully lay out a plan of attack to deal with any issues or problems that may arise and if you decide that you are going to do things that undermine that, the attorney can’t help you.
4) Responding to the court or the other side on your own. If you get documents from the court or the other side, unless you don’t have an attorney, please be careful not to respond. So much time, we think that if respond to someone right away, it will help our case.
5) following the advice of someone who is NOT your attorney. I had a friend of mine who is an attorney tell me that she has to tell her client’s all the time “I didn’t know they gave out law degrees at the gas station?”. The reason she says this is because so many times, her clients will come to her FIRED up because someone who is NOT an attorney will tell her client something and then come to her HOT! Becareful about following the road of some person who THINKS they know what’s going on when in reality, they don’t.
Like I said, the legal process is a BEAST but don’t add to the problem by giving the BEAST food to eat. The process is tough but it can be tougher if you do things to make it worse.
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