A reflection on Tragedy: Hurricane Katrina and Social Security Disability
With the devastation surrounding the earthquakes in Haiti, Chile, and now Taiwan, these disasters started to remind me of the devastation that occurred in New Orleans as a result of Hurricane Katrina.
I don’t think some people truly appreciate how certain services can be fundamentally SHUT down when hit with a natural disaster. Of course, we know that power, lights, water, police services, bus services, blah, blah, blah, will shut down. But you don’t really appreciate how devastating a situation can be until you see spill outside of those communities into your own.
When Katrina occurred, there were ALOT of Louisianans who migrated to Florida. I had the opportunity to represent a few of those individuals. Now, I know you’ve heard me scream a THOUSAND times about how YOU bare the responsibility of proving that you are disabled. I have stressed that you need to get your medical records and YOU have to demonstrate that you are disabled through medical evidence.
Well, how would you feel if you couldn’t prove it because ALL of your medical records were destroyed? I am mean, that’s what I was faced with when I was representing some of the survivors. I ran into all kinds of problems. I had some places where the buildings were destroyed. Some places, they would not release ANYTHING until they could a detail inventory. It was crazy. I mean if you have a condition like the young lady named Prudence who won an Oscar yesterday (Prudence Mabhena is 21 yr old and she is from Zimbabwe. She is suffering from arthrogryposis, a condition that deforms joints and cost her both her legs. ), your condition may be self evident. But imagine trying to prove you’re disabled due a bad back and you don’t have your MRIs or diabetes and all of your lab work is gone.
But wait. What if you couldn’t prove who you are?? I had a few people who had their drivers license and SS card but sometimes, SSA requires your birth certificate. Well, that building was GONE!!
Now, I gotta take the time to give a shout out to the Social Security Administration. Their offices were obliterated and their workers were literally providing services in other states. I mean, they were working at other offices and STILL processing claims. It was crazy.
Part of the reason I’m reflecting on this situation is because we have literally seen 3 major disasters occur in the last few weeks. It is so easy to underestimate how much pressure it puts on a country to have to rush and provide stability to an environment when these things happen. Sometimes, the effects can have a much longer consequence than we give credit.
Be thankful.
I’m going to call my congresssman to speed up my Social Security Disability case. Will that work??
This situation comes up alot and I have mixed feelings about the topic but I thought I should share with you my opinion and hopefully it will help you out.
Everybody knows that the Social Security disability process is long. Unfortunate, but it is true. Almost once a month, I will get someone who will say to me that they plan on “calling the media”, “calling the governor”, “starting a twitter campagin”, ‘Calling their congresswoman / congressman” or some other prominent elected official. A lot of times when this happens, I get asked the almighty question: “WILL THAT WORK?”.
Well, I have not had the pleasure or distinction of working for the Social Security Administration. However, I’ve had the chance to talk to a few of the personnel at different locations. Of course, these are just my opinion based on my experiences:
ADVANTAGE
1) May elevate the level of imporance
Public officials are fully aware of their requirement to serve their constituents. In some situations, cases that have been designated as a “Congressional inquiry” or some other type of inquiry may have an added amount importance attached to it.
2) Added advocate
It’s great that you have a representative (i.e. attorney or non attorney) but every little bit helps. The joy of involving your elected official is that it demonstrates that you have someone else speaking on your behalf.
3) May highlight the significance of your situation
If you’re in a dire need situation, the fact that you have an elected official speaking on your behalf may help to bring to light your situation.
4) Some have resources dedicated so this helps
Depending on who you contact, some elected officials who have individuals or sections specifically dedicated to working on cases like this for their constituents. They can, also, point you to useful resources.
5) If your case is good, this may help your case.
If you have a strong case with alot of supportive medical evidence, SSA is usually swamped with alot of information so they could have easily overlooked your case. This situation may help to bring your case to light.
DISADVANTAGE
1) SSA is the feds NOT the state
Now, there is nothing wrong with contacting your councilwoman or your mayor or governor. Let’s be real here there. Would you really call your mayor if you had a problem with the IRS? Just like, would you go to Congresswoman if you had a problem with your state tax collector? The answer is NO! Not trying to be stank but the FEDS are probably only going to respond to the FEDS.
2) You can’t threaten an agency
I can’t tell you how many times I’ve told people that you can NOT threaten an agency! Well, you CAN but it does no good. You’re talking about an agency that processes thousands of cases every day involving people who are hurt, sick, and can’t work. They are REALLY not moved because you yell, or your cousin is somebody, or you know somebody who works for the government. Let’s keep it i real.
3) The Media knows its bad already
Go ahead and run down to Channel whatever and tell the reporters how bad and how slow Social Security is. NEWS FLASH!! They know already. Not trying to be nasty but the problem with the delay is one that has been in existence for a while so they probably are not going moved to do a late action news report on the Social Security process.
4) They are already swamped so why make a bad situation worse
I always tell people that you have to go through the process. It’s frustrating but it is what it is. However, you may be making your situation is decide to dedicate yourself to raising as much HELL as possible. I’m not saying that it will delay your case but think about how you would feel if someone was on YOUR back for merely doing your job. You can do the math.
5) If your CASE is bad, you may make your situation worse.
And OOOOOOOO, looky heya!! Everybody thinks their case is the BOMB!! Recognize this fact. You need to check yourself. If you haven’t been to a doctor in years or you have information in your file that would significantly HURT your case, do I even need to mention that you will effectively get ‘The HOOCHIE LIPS” (and if you don’t what those lips look like, think about the look you have when you think someone is trying to make their situation worse than it is) from SSA if you try to make noise with a bad case?
I am a firm believer that everyone should avail themselves the use of their elected public official. These individuals are there to serve you. In some cases, it helps. Just remember that your public servant is there to serve and not be used as a sword.
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!
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.
How come I get disability from other sources but not Social Security Disability?
I know you’re fired up. You can’t seem to understand why you are applying for Social Security and your Long Term Disability or your VA benefits or your State Disability benefits or your Workers Compensation has already been approved. It’s an OUTRAGE! Right? Isn’t it??
Uhhhh, NO! But wait a minute, does it help? If my LTD carrier has approved me, shouldn’t I get Social Security right away?? What about the VA? They are federal, too. Shouldn’t that matter? Does it matter? Huh? What??
Uhhhh, NO!
Ok, now that I have done a thoroughly effective job of throwing water on the fire, let me give the ‘down and dirty’ about other disability programs and Social Security:
1) Getting Disability from another source does NOT guarantee approval for Social Security
It is important to know from the beginning that the Social Security Administration is not BOUND by any disability determination by another agency. In other words, just because someone has determined that you are disabled, doesn’t mean that Social Security has to make the same decision. Most people don’t realize that each agency uses a different standard to determine disability.
2) Getting disability from another source may be helpful to your Social Security case.
The nice thing about other disability sources is that they are usually very medical intensive. They go through a lot of steps to get doctors to complete forms, give opinions, or give assessments. This information can be beneficial to your case.
3) Getting disability from another source may be harmful to your Social Security case.
It’s also important to remember that any statements made against your interest. For instance, if a doctor completes a form for a Long Term Disability carrier saying that your condition will only last 9 months and you should return back to work, this goes against SSA’s requirement that your condition keeps you out of work for 12 months or more.
4) If you have the opportunity to apply for something else, IN ADDITION, to Social Security, you should.
However, if you have the opportunity to apply for LTD, STD, VA, WC, or any disability type program while you’re waiting for Social Security, you should. Why? For one, they tend to approve or deny faster. Two, if you get approved, you will have money coming in while you wait. Three, any paperwork used here can be forwarded to Social Security.
5) Make sure you let Social Security know that you are applying (or that you have been approved) for other disability programs.
I hate to say this so don’t think I’m being a smart ass but Social Security workers don’t have ESP and they can’t read minds. If you don’t tell them that you are applying for another disability program or that you got approved, they won’t know.
Remember, Social Security disability is a lengthy process so anything that you can provide to improve your opportunities may be helpful.
Why does it take so long to get Disability benefits when I start over?
WOW! This question comes up a few times. Here’s how it usually plays out:
1) You have applied and you got denied. So you decided to reapply, OR
2) You went all the way to a Judge and got denied. So you decided to reapply, OR
3) You went all the way to an Appeals Council Decision and you got denied. So you decided to reapply, OR
4) You were receiving disability benefits and you were cut off. So you decided to reapply, OR
5) You got a closed period of disability benefits. So you decided to reapply!
In any event, most people ask the same question “Why does it take so DAMN long to get Disability when you reapply??” And trust me, DAMN, is usually thrown in there somewhere.
Unfortunately, the short answer is “Just because you went through the process once, doesn’t mean you get preferential treatment when you go through the system again.” In other words, every time you go through the system, a new set of hands and eyes will be evaluating your case. As such, your case is treated as if you are filing for the very first time.
Now, I know what you’re thinking. You’re thinking “What about those earlier applications?”, “Do they check those records?”, or “What about the fact that I was disabled before?”. All of those are good questions so let’s go through the scenarios I provided:
1) You have applied and you got denied. So you decided to reapply, OR
OOOOOO, please don’t do this. SO many times, people think that if they just keep reapplying, they will ‘hit it’. Ladies and Gentlemen, this is NOT LOTTO!!! You have to go through the system to get the best results. Now, I’m not saying that you shouldn’t reapply. I’m saying that you should be mindful of the fact that you are starting over every time you reapply. They will go and get the info from your previous application (depending on how soon you reapply) but you are still starting over.
2) You went all the way to a Judge and got denied. So you decided to reapply, OR
I’ve said it to people a million times that you don’t usually get your best opportunity unless you actually go through the process. The process usually means from initial application to a Judge. Now, for Social Security’s purposes, your disability period is the day after the judge’s decision. Why? In their eyes, the Judge has already determined that you are NOT disabled up to the date of his or her decision so even if you were found disabled, SSA is probably not going to back beyond that date (Sometimes they do but most times they don’t).
3) You went all the way to an Appeals Council Decision and you got denied. So you decided to reapply, OR
Sometimes, people want to wait until they go all the way through the administrative process. Most representatives will probably tell you that while your case is pending before the Appeals Council, you should start a new application. In any event, if you reapply, the earliest date of benefits would be the day after the judges decision.
4) You were receiving disability benefits and you were cut off. So you decided to reapply, OR
This situation comes up a lot. You’ve been receiving benefits for an extended period of time. Then, for whatever reason, SSA determines that you are no longer disabled or no longer entitled to benefits. So you decide to reapply. Now, in your mind, you’re thinking that since you were receiving benefits before, you should have a leg up. NOT SO FAST, my good friend (in the words of ESPN’s LEE CORSO). You don’t get preferential treatment just because you were receiving benefits before. Remember, a determination was made that you no longer need the benefits so you have to prove the you do.
5) You got a closed period of disability benefits. So you decided to reapply!
This one is tricky. A closed period is a clearly defined start and stop. You were determined to have been disabled from one point to another. Let’s say from Jan. 1, 2008 through Jan. 1, 2009. Now, you decide to reapply. The same rules apply. You’re treated as if you have started from scratch.
Please remember that you are not entitled to any special privileges or opportunities just because you started over. You still must go through the process as if you are starting from scratch.
No one is saying you’re crazy but it may help your Social Security case
Now, before you lose your mind and think that I am implying that you need to put that you’re CRAZY on your application for disability benefits, I AM NOT!!!!! LOL
When you apply for Disability benefits, it is important that you be honest and truthful about all of your medical conditions that affect that your ability to work.
In this situation, I’m talking to those people who are too proud to admit that they have other issues going on in their medical life that keep them from being able to work. In some instances, when people are applying for Social Security Disability benefits, they are applying based on one condition that they CLEARLY feel is the sole reason that is keeping them from working.
However, most people don’t realize that when Social Security Administration is evaluating whether you are disabled or not, they are looking at the combination of all of the person’s impairments and not just one. However, you have to be careful about a few things:
1) Mention impairments that impact your ability to work
Listen, when you apply for Social Security, don’t take the ‘kitchen sink’ approach. Don’t use this as the opportunity to talk about everything that bother you. The important thing is to focus on those conditions that effect your ability to work.
2) If you are depressed, don’t be ashamed to tell them
For some odd reason, people get embarrassed to admit that they have talked to a doctor about being depressed or that they are being treated for depression. More importantly, people have this fear that they may be viewed differently if people were to find out. Remember, if your depression or anxiety or other mental health problems affect your ability to work, Social Security needs to know about it. These things can actually help your case.
3) If you’ve gotten treatment, let them know
If you went to a therapist or a counselor or a psychiatrist, let Social Security know about it. If you are having additional problems that require you to get treatment, don’t be SHY. Let SSA know so they can determine if it impacts your case.
4) No one will know the reason you get disability except YOU!!
Your disability determination is NOT public record. Your family and friends can’t call the Social Security Administration and find why you’re on disability. That information is private to you and your case. Don’t let it frustrate you. It is private for a reason.
5) They will consider it if you say it.
Remember, SSA is going to investigate information that is provided to them about your case. Don’t HIDE information that may be helpful. Take a hard look at your conditions because it’s better to be upfront now than to make them try and figure out what’s wrong with you.
The important thing to remember is that Social Security has a big responsibility in evaluating all of your conditions as it relates to your ability to work. Don’t be shy about sharing the information because it can go along way to help your case.
Anthony Reeves
http://www.reevesfirm.com
Dedicated to representing the Disabled and the Discriminated
The initial speech when you come in for representation
“Allow me the opportunity to explain a few things to you about the process and what you can expect………”
I can’t tell how many times I’ve had to give this type of speech. It’s a crucial speech and it’s one that every person who is hiring an attorney should and probably will hear. It’s not meant to blow you off or talk above your head. The speech is designed to educate you about somethings so you can be fully informed.
How does this speech go?? It’s usually something like this (and they are all done a little different depending on the attorney or type of case):
1) The Process
What the Lawyers say -”The process you’re going to go through is a difficult process and may take a while but you must be patient because some steps are necessary.”
What the Lawyers mean - You have to be patient because there are certain things and steps that HAVE to happen in order to get a favorable outcome. Even though you’ve hired an attorney, this doesn’t mean that you are going to get the outcome you are looking for immediately.
2) Representation
What the Lawyers say - “It’s important to keep me informed about your situation. Remember, it’s important to remember that I am representing you.”
What the Lawyers mean - The attorney is telling you that YOU are the client. Not your cousin. Not your husband. Not your wife. Not your girlfriend, boyfriend, momma, daddy, or friends. It’s, also, important for you to remember that you bear some responsibility in ensuring that you providing information to your attorney.
3) Attorney Fees
What the Lawyers say - “It’s important to understand that we obtain attorney fees in this manner. “
What the Lawyers mean - Unless the attorney tells you that they are going to do the case ‘pro bono’ (i.e. free), they expect to get paid. Attorneys do a good job at documenting the work they do so they are going to cover themselves in terms of describing the work they do.
4) Expectations of your case
What the Lawyers say - “The likelihood of success depends on the facts of your case as well as the evidence. As the case proceeds, we will evaluate the case further.”
What the Lawyers mean - Do NOT, and I repeat, DO NOT compare your case with someone else’s case. Every case is different and every outcome is different. As one attorney once told me, “I’ve seen great cases with great facts lose and bad cases with bad facts win. What does that tell me? Every case is a crap shoot”. With this being said, it’s important to remember that attorney’s typically take cases they can win so they are trying to make money when they can. However, sometimes, as the case progresses, they realize that they case can easily get worse.
5) Communicating with your attorney
What the Lawyers say - “Please feel free to contact our office anytime. Our staff is available to assist you with most questions and concerns. If you must talk to me, just my staff know.”
What the Lawyers mean - So many times people think that the only person who can tell them about their case is their attorney. As such, people are quick to bypass the paralegal or admin assistant who can provide you quick and accurate information about the status of your case. Don’t be so quick to believe that support staff can’t help you.
Attorneys constantly speak about how important a decision and it is an important decision. Attorneys recognize and appreciate how important it is for clients to be informed about the process, the case, and everything that may be deemed relevant at the BEGINNING of the process. Make sure you take the time to listen to what they have to say.
Can somebody explain how I get paid after I get a favorable decision?
So you got approved for Disability benefits. YAAAAAAY!! Congratulations. After stressing, waiting, and going through this lengthy process, you are finally going to get your disability benefits. Even better, you are so happy with your representative who was successful in helping you get your benefits.
However, now comes the confusing part. What happens next? When are you getting paid? Who pays your attorney? When should you expect the money? Now, it seems that you have more questions than you do answers.
Well, here’s a few things to help you out:
1) About 60 to 90 days before you get paid.
There is no hard rule on how fast it takes you to get paid. IN most instances, it takes about 60 to 90 days to process your pay.
2) Why does it take so long?
Even though it may not seem like it, it takes longer to calculate your disability benefits than it it is to get disability. Think I’m joking? Here’s how it works. First, they have to figure out which programs you qualify. Second, they have to determine if there are any programs that offset the benefits. Third, they have to determine if there is any retroactive benefits. Fourth, they have to determine if there is any benefits going forward. Fifth, they have to calculate any representative fees and ensure they get paid. Sixth, they have to determine if there is a need for a representative payee. Finally, they have to deal with any other issues that pop up. Interestingly enough, this process may take place at two different Social Security offices that must talk to each other. See how this may take a while.
3) How does my representative get paid and WHEN does my representative get paid?
This question is one that I get alot. In terms of “HOW”, Social Security is responsible for calculating the back pay. From that back pay, Social Security will withhold 25% towards attorney fees. For example, lets say that your back pay is $10,000. 25% of $10,000 is $2500 which means your attorney will receive $2500 and you will receive the remaining $7500. Now, the WHEN part is trickier. The reason it’s trickier is because Social Security will sometimes release the check to the attorney first (Usually because this part is the easiest to calculate) and then send the rest to the claimant.
4) Why am I getting all of this Paper from Social Security?
Over the next few months, you will received “Important Notices” and “Award Notices”. These papers are crucial because they explain IN DETAIL everything you’re entitled to receive as well as a discussion of how your representative gets paid, any offsets, and future benefits.
5) Why did I get a Medicare card in the mail? Do I have to keep Medicare?
If you qualify for Disability Insurance Benefits (this is different from SSI), then after receiving 24 months of benefits, you are entitled to Medicare. So if your back pay takes you back to October 2007, you will receive a benefits starting October 2009. Now, here’s the tricky part. You have to pay for Medicare and they take it DIRECTLY out of your monthly Disability Insurance Benefits check. If you DON’T want it, just remember that there is a penalty if you decide to come back later (Contact Medicare, they can help you on this one).
6) Should I call Social Security’s 1-800 number or the local office if my money is late?
I always tell people that they can call who they want to but recognize this point. The Toll free number for Social Security is NOT designed to answer all of your questions once you’re paid. Once you get paid, a different office takes over (so the 1-800 will probably not be helpful). The local office can help if you are entitled to receive SSI but your DIB check may be processed in Alabama, Maryland, or New York.
7) I’m fighting foreclosure and an eviction. Will that help?
If you have documentation that you are about to be evicted or foreclosed or your health has turned terminal (i.e. you may be dying), give evidence of this information to Social Security as soon as possible. This information may assist them in speeding up your case.
Congratulations on your case. I know it’s a long time coming but you deserved it. So just be patient a little while longer and it should all work out for you.
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