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.
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
I hate to tell you but some people don’t WANT the health care system to change!
Here’s a question for you that I want you to think about:
“If you and everyone in your house hold got sick AND nobody in the house could work AND NO ONE had savings AND NO ONE had Long Term or Short Term Disability plan AND NO ONE could afford COBRA payments, HOW are you going to pay for your health insurance????”
It’s amazing because as the debate about health care rages on, I am CONSTANTLY amazed by the amount of people who are dwelling on the fact that THEY don’t want to pay for health care for the millions of illegal immigrants or all those people who are lazy and don’t wanna work or all of those welfare people.
HELLLLLLO? What world are YOU living in? Do you not know that YOU are just one stone throw away from the unemployment office? Do you not know that one SLIP and FALL in your house OR one trip on your drive way and BOOM, life as you know it can change?
Stop focusing on all of THOSE people who don’t have insurance and WHO they are because the reality, VERY QUICKLY, you could be THOSE people!
Here’s where I have some problems and I think they are worth mentioning:
Why are you stressing? ANY PROGRAM is going to cost money!
How come EVERY new program that is of significance is HIGHLIGHTED by its cost? No one complained and raised an eye brow when BILLIONS of dollars were poured into Iraq (and NOT just for our troops). We financed contractors to go over there to help rebuild their country. We financed our troops to help make sure the country remained stable. No one blinked an eye. However, the MOMENT you talk about ensuring that the American people have benefits so we ALL have a safety net, here COMES the money argument. My problem is that ANY (and I repeat ANY program) passed by Congress is going to cost money so why are you stressing me over this cost. Taxes may not go up for this but it will go up for that so why are are we tripping??
What the HELL is the RIGHT WAY to reform Health Care?
I want you to notice some unique facts about the late Senator Ted Kennedy
- 1966
- Senator Kennedy passed legislation creating the national community health center program. He joined a health center in Columbia Point in Dorchester, Massachusetts, with a center in Mound Bayou, Mississippi as the start of a national program that now includes more that 1200 health centers nationally serving more than 20 million low income patients.
- 1969
- Senator Kennedy gives his first speech calling for national health insurance for all Americans. His amendment creating a minimum tax — the so-called “Alternative Minimum Tax” — becomes law, setting a limit on the amount of taxation for middle-income Americans.
1971
- Senator Kennedy becomes Chairman of the Senate Health Subcommittee. He held a series of field hearings around the country on national health insurance, and is a leader in passing the National Cancer Act to expand research on all aspects of cancer.
- 2009
- Senator Kennedy’s Health Committee was also the first committee in Congress to pass comprehensive health reform legislation called for by President Obama — the Affordable Health Choices Act that will reduce health costs, protect individuals’ choice in doctors and plans, and assure quality and affordable health care for all Americans.
First, for those of you who are thinking that I’m digging up these stats from la la land, go visit http://kennedy.senate.gov/senator/timeline.cfm. This website is the Senator’s government website and review the information. Now, I want you to notice something here and NO, it’s not that I am saying ‘HIP HOP HOORAY’ for Senator Ted Kennedy. Senator Kennedy introduced the concept of a National Health Center in 1966 and National Health Insurance (which we are trying to do now) in 1969. Recognize that fact! For over FORTY YEARS, we have been trying to get health care. Since 1969, we wasted Money in a lengthy expensive conflict (Vietnam), we went through Water gate, and we have spent countless funds in combat operations in IRAQ (TWICE!!). We can spend money on all of these things and we can’t introduce an option for healthcare??? What’s even MORE surprising was that in 2009, TWO THOUSAND AND NINE, Senator Kennedy’s committee was the FIRST to pass comprehensive legislation. Are you kidding me? He’s been talking about health care for 40 years and we only get legislation now? What’s even more amazing is that every time I look up I see ads or Senators or Congressmen talking about “Let’s reform health care the RIGHT WAY” but NO ONE is offering any suggestions for WHAT the RIGHT WAY is! They want to talk but NOT put pen to paper!
If not OBAMA, then who???
It’s amazing but I did a little background check about how other Presidents have tackled the health care initiative. I was surprised by what I found.
President Lyndon B. Johnson
The Social Security Act of 1965, which created Medicare and Medicaid, was part of Presidents Lyndon Johnson’s “Great Society” vision for the country.. This plan provided health care for the elderly and individuals with special medical needs. Even with this broad base of support, there was still a great deal of concern among more conservative elements of society, who saw this move towards increased government involvement in health care for the citizenry as a dangerous step down the road to a socialist dictatorship.
President Richard Nixon
Nixon, for his part, was stalwart in his belief that a national health insurance plan was vital to the country’s future. He stated in his 1974 State of the Union Address that “The time is at hand this year to bring comprehensive, high quality health care within the reach of every American.” Nixon’s own past experience with poverty and family illness made this a personal issue for the President. Yet Nixon’s call for an employer mandate to provide health insurance as part of his planned universal health care coverage for all citizens was seen as inadequate by many democrats in congress. The plan was also opposed by powerful unions such as the AFL-CIO and the United Autoworkers, who lobbied hard to defeat the legislation.
President Jimmy Carter
In retrospect, after his tenure in the White House in the late 1970’s, President Jimmy Carter said that, although he was a proponent of universal health insurance, the country’s economic difficulties at the time made health care reform politically unfeasible.
President Bill Clinton
The Clinton plan also supported universal health insurance through the enforcement of individual and employer mandates. The government would control the competition between private insurance companies The Health Care Task Force, chaired by Hillary Clinton when she was first lady, gave President Clinton a complex plan in September 1993. Despite a Democratic Congress, the size and complexity of the plan slowed its progress through Congress and lost the interest of the general population.
What’s frightening is that the health care debate has been ranging on since the 1930s so this is by no means a RECENT phenomenon. Like clock work, whenever it comes around, people start losing their minds. So in the last 40 years, we’ve had a variety of presidents who have braved taking a chance on making sure ALL americans have health care but unfortunately, we run into the “RIGHT WAY” and “SOCIALIST” discussion. We’ve had at least 6 different Presidents (Truman, Roosevelt, Nixon, Johnson, Clinton, and now Obama) take a stab at trying to push the need to make sure we all have insurance. Is it coincidence or a reason that they can’t get it passed?
So what would YOU do if you had no Health Care? Let’s look at the NOW WHAT situation!:
For the last 8 years, I have represented people who have applied for Social Security Disability benefits. Unfortunately, a lot of my clients have been people who have found themselves in the tough position of trying to figure out HOW to get health care. Think about it like this. If you have been working and your insurance has been paid by your employer and then, BOOM, you can’t work, here’s how it may unfold and so I ask you “NOW WHAT?”:
a) You get hurt OUTSIDE of work (no workers compensation, no personal injury, etc.) and now you can’t return! Now what?
b) You use your annual leave, your sick leave, and maybe even family leave and after a few months you still can’t go back to work. 3 or 4 months have passed! Now what?
c) You stop working so you apply for COBRA so you have a few months of health insurance. About 3 or 4 months have passed! Now what?
d) If you are lucky, you apply for Short Term Disability or Long Term Disability. If you are not lucky, NOW what??
e) You apply for unemployment but you know you can’t do the work you used to do and you are having a hard time finding another job. The Unemployment pays for a few things but not enough to pay for the insurance you need to cover your health care cost. Now what??
f) You start cashing out your stocks, mutual funds, and savings accounts. If you’re lucky, you have funds to last you while you apply for disability with the state (if you worked for the state), the VA (if you’re a veteran), or Social Security. All of these programs may take a few months or up to years. If you DON’T have stocks, mutual funds, and savings accounts, NOW WHAT??
Let me tell you what NOW WHAT is! It’s nothing. You’re now hoping that you qualify for disability. You’re praying you can find another job. You’re lucky if you have a spouse or family member or friend who can support you. But the REALITY is that any ONE of us can go from A-F in the NOW WHAT category that I showed you so fast that you won’t realize what happened. You can go from having a nest egg to working a good job to planning for your future to a “how the HELL am I going to get to the next day” situation.
Am I saying that we should take whatever situation that is presented to us?? No, that’s not what I’m saying. My problem is that for the last 70+ years we have had multiple presidents and politicians try their BEST to insure that everyone is covered but for some odd reason, people are quick to hollar “SOCIALISM, SOCIALIST” yada yada yada to the TOP of their lungs. And I got news for you, most of the people who scream these things are either 1) people who have health care, 2) people who are under the delusion that they will never benefit from this health care system because they don’t think they will ever be in the situation to need it, and / or 3) people who think that the change in the health care system may affect their financial bottom line.
So the challenge I present to you is this one. If you’re in a situation where you are 100% confident that you are completely covered in the WORST case situation (which is what I’ve covered up top), you are the only ones who can complain. However, considering that 95% of the country probably can not say with CONFIDENCE that they will NEVER need help, you may want to start re-evaluating the need for a National Health Insurance OPTION or Universal Health Care system.
Social Security topic: What do I do if I DON’T want a Representative Payee
Under the Social Security Regulations, in some instances where an individual has been awarded Disability benefits, SSA may determine that the person may need a Representative Payee.
The Representative Payee is an independent third party who is responsible for the receiving the disability funds on behalf of a person who has been awarded Disability benefits. This person has a financial responsibility for the individuals receiving benefits.
Sometimes, people find themselves in positions where they DON’T want a representative payee. Unfortunately, it’s not simple. You can’t merely call the Social Security Administration and tell them you don’t want one. Keep these things in mind when you are coming forth:
1) The problem may be what’s keeping you from getting the benefits. CORRECT IT!
Social Security is going to be very concerned about making sure that someone responsible is handling the money. Now, don’t get offended. Noone said that you’re not responsible but you have to look it in a vacuum. If you have had a history of drug use or alcohol use or you’re taking heavy medications that effect your judgment, the court will be concerned. Take whatever actions you need to (which means to abstain in the example of controlled substances) and you can use this as an argument with Social Security regarding a rep payee.
2) Talk to your doctor.
First, you need to find out WHY you were giving a rep payee. If it’s for a medical condition that you are being treated, contact your doctor and ask them if they will write you a letter indicating that you are able to handle your funds. Keep in mind, if they DON’T think you can, they may not write that letter.
3) Speak to Social Security Administration and find out what you need to do.
At the end of the day, the Social Security Administration has the responsibility of determining whether you SHOULD or SHOULD NOT have a representative payee. It’s best to ask them what you should do in order to remove the rep payee requirement.
4) Demonstrate that you don’t need one for a while and THEN come back later.
Also, keep in mind that the longer can show that you’ve been able to demonstrate maintain your funds without needing assistance, the stronger your position.
It’s tough because people fail to recognize that the Social Security Administration has a responsibility to ensure that the financial well being of individuals who receive benefits are protected. If SSA has determined that you need a representative payee, it’s usually do to something or some concern they may have. If you feel you don’t need one, the burden is on you to demonstrate that you don’t need one.
Myths about Social Security Disability: What happens between the HEARING and getting your written decision
The hearing process of Social Security Disability can be very nerve racking but it shouldn’t be. Once you have the hearing, the only thing you need to do is wait. However, there are some myths that some people believe that you really need to keep in its proper perspective:
1) MYTH - It’s going to take a year or longer before I get a written decision.
People fail to realize that Hearing Offices understand that you’ve waited a long time to get your hearing date. As such, they are going to take every effort to process your case as soon as possible. They can’t give you a definite time but please don’t think that your case is going to linger in ‘never, never’ land for years.
2) MYTH - The judge said I’m going to get my decision in ______ days.
As stated in a prior post, you have to remember that several people are involved in your decision. The judge makes the decision. The writer writes the decision. The editor edits the decision. The judges reviews the final decision. The staff assemble the decision and mails it out. With so many steps and so many files, some times it’s difficult to appreciate how long it takes to make a decision.
3) MYTH - The judge TOLD me that I was approved so I KNOW I’m getting a favorable decision.
I’ve said it ONCE, I’ve said it a THOUSAND times. The decision hasn’t become FINAL until you get a WRITTEN decision. Now, keep it mind (as I’ve said before), Judges are very straightforward. However, after reviewing your file or if they get new evidence, the judge may re-evaluate his or her decision.
4) MYTH - If I keep calling every day, it will speed up my decision.
I have to constantly remind people that the staff at the hearing office are people, too. These people are tasked with trying to generate hundreds of decisions a day to people who are waiting for their decision. So do you really think you are going to help your situation by constantly calling the office and keeping them from doing their job? (Use some logic. What do you do when a bill collector calls you ever day on your phone? Don’t get new! Some of you won’t even LOOK at the phone!)
5) MYTH - They have all the evidence they need. They don’t need any more.
If your case has some inconsistencies, the judge may order an evaluation. In addition, if you have some extra evidence that is helpful, they may have to review your file with the new evidence that is provided.
6) MYTH - The expert in the court said I could (or could not) work so I know I am not going to win (or lose).
Typically, in Social Security hearings, you may have a Vocational Expert or a Medical Expert. These persons are there to provide expert opinions about the ability of persons to do work (Vocational) or give opinion about the medical evidence (Medical). However, these persons are NOT the final decision maker. The judge is the final decision maker.
7) MYTH - If I call the hearing office, they will tell me if I’ve won or loss on the phone.
Most people don’t realize that Social Security has a very strict policy AGAINST informing people about the decisions on the phone. So, please don’t think that they are trying to single you out by not telling you.
MYTH - There is NO way I can speed up my decision.
I hate telling people this because it usually doesn’t make them feel better but if you are not Terminally Ill or in a Critical Financial Situation (i.e. eviction or foreclosure or homeless), Social Security is probably not going to move any faster on your case. Why? Because several THOUSAND people are in the EXACT same spot as you!
9) MYTH - My case will move to the top because my Congressman / Congresswoman / Senator is involved.
Ok. If you went to your Representative or your Senator, your case may have moved a little faster to get TO the hearing level. However, once it’s there, it’s in the hands of the judge and judges tend to not be swayed by Congressional pressure. Every person is equally as important (with or without the Congressional pressure).
10) MYTH - If I get denied, there’s nothing more I can do.
WRONG! You can always appeal! Remember, you have 60 days from the date of the decision to appeal.
11) MYTH - If I get approved, I win for good.
WRONG AGAIN! Two things can happen. One, the Appeals Council can pull your case for review (just checking to make sure that the decision was right). Two, you will undergo a Continuing Disability Review (unless you’re 63 or 64) every 3 to 5 years to make sure you’re still disabled.
12) MYTH - My case is exactly like my Friend’s case and he / she got approved so I should, too.
Everyone’s case is on a case by case basis. Please don’t compare your case to someone else’s case. The last thing you want to do is think that your case will have the same outcome of someone else’s case (and contrary to popular belief, you haven’t seen your friend’s file so you don’t know what got them approved).
The Social Security Disability process can be confusing. However, it can be more confusing if you allow yourself to believe alot of the myths that are out there. Remember, the process is designed for you. Don’t let it get away from you.
Illegal Drugs, Alcohol and your Social Security case DON’T mix!
Several years ago, the Social Security Administration provided disability benefits to individuals based on their addictions to controlled substances such as Alcohol and Illegal Drugs. However, the Social Security Administration reversed this position and now, individuals who are applying for disability benefits must keep in mind the impact that illegal drugs or alcohol may have on their case.
The regulations refer to this as standard as the materiality standard. In other words, the SSA wants to know what type of impact that drugs or alcohol may have on your case.
Here’s how it works, suppose you’re alleging that you’re depressed. However, at the same time, you’re using an illegal drug like ‘cocaine or marijuana’. Well, the question the SSA is going to ask is if you stopped using cocaine or marijuana (or whatever illegal substance), will you improve? If your condition improves, then it is assumed that the drugs are material to you being found disabled.
Now, every situation is a little different but it’s important to remember that illegal drugs or alcohol will NOT help your social security claim. it’s important that you realize that if you are applying for disability benefits, any use of illegal drugs or alcohol may have an adverse effect on your case. So please keep these things in mind.
Why are you non-compliant?
In the midst of applying for Social Security benefits, alot of people spend a great deal of time going to doctors, taking tests, taking medications, and following their diets. Unfortunately, most people find themselves in a very unique position of not having very much money, very few resources and, alot of times, a very difficult time trying to maintain a way of life.
When you are applying for disability benefits, despite all of these problems you may have, you still bear the burden of proving that you are disabled. Unfortunately, alot of people tend to be their own worst enemy. Here are some things you may want to think about when you say that you can’t afford your medication or you have reasons for not doing what the doctor told you:
1) I can’t afford to buy my medications but I smoke cigarettes! Now, you gotta follow me on this logic. You have been given a prescription for medication. However, you say that you can’t afford your medication. Then you say you smoke a pack of cigarettes per day or per week. Now, think about what I just said. You got money for cigarettes but you don’t have money for your medication. hmmmmmm! Now, don’t start tap dancing now and say “Well, my friends get them for me or my family will get them”. And again, I say, you will get your friends and family to buy cigarettes for you but not your medication.
2) The lovely S.O.A.P. acronymn and LET’s focus on the S! Ladies and gentlemen, this acronymn is commonly utilized by doctors when treating their patients. The letter “S” stands for symptoms or subjective comments. In other words, this letter is what YOU say is wrong with you. The letter “O” stands for objective as in objective medical evidence. This letter usually refers to test results, labs, x-rays or any other evidences used. The letter “A” is the doctor’s analysis and assessment. The letter “P” is for plan. This letter describes what the doctor intends to do to correct the situation. The reason I focus on “S” is this is usually the part that catches a lot of people off guard. During the course of the time you are getting treatment, you may go to the doctors a lot of times. However, you may not remember specifically remember everything you say. I can’t tell you the number of times people trip up and don’t remember the little things that happen to them in the past. For instance, a judge may ask you if you’ve had a drink in a year (even though you’re not supposed to) and you say NO. Then, if you look in the records, you were admitted to the ER due to cramps after drinking alcohol. OOOPS!! Now, you are sitting there looking crazy!
3) The doctor can’t read your mind: FOOD. How many of you have been placed on a diet that you can not afford?? However, when you go in front of your doctor, you don’t tell him or her that you can’t afford the diet. The doctor asks you if you are following your diet and you just ‘no’. Guess what? That’s called “NON compliance”. If you don’t tell your doctor why you can’t eat the foods that he or she is telling you that you should eat, how are they going know??
4) The doctor can’t read your mind: MEDICATION. Recognize, the doctors put a lot of information in their treating notes. This information is crucial towards following your treatment. How many times have you taken medication that just DIDN’T make you feel any better? So what did you do? You stopped!! Of course, what happens! Instead of notifying the doctor WHEN you were having problems, you go 2 or 3 months until the next visit and THEN, you say something. WRONG! Remember, the doctor doesn’t know it doesn’t work if you don’t tell him or her.
5) The doctor can’t read your mind: EXERCISE. Sometimes, doctors don’t talk to each other. I am not saying that they don’t get along. It’s just that if you’re going to see your primary doctor for diabetes and your orthopaedic doctor for pain issues, they may not talk with each other. More importantly, if you haven’t told your doctors about the other doctors, how can ensure that your doctors are aware of your problems? Think about it. If your primary doctor is telling you to exercise to lose weight but your orthopedist is telling you to stay off your feet, what are you going to do now???
I know it is not easy to follow the treatment regiment of your doctors when you have low income and not a lot of resources. However, it’s important to understand that you play a crucial role in the disability process and so you have to take every step to make sure you do what your doctors say.
Social Security Topic: I fired my representative so why are they still getting paid?
So you find yourself going through the Social Security Disability process and you hire a representative. Ok. No problem so far. Then, for whatever reason, you find yourself not particularly happy with the services of your representative. Again, no problem. So you go and get another representative or you represent yourself.
Then, something great happens. After months or maybe years of frustration, you get approved. YAAAAAAAY! It’s party time. After you get approved, you get a letter from the Social Security Administration indicating that a portion of your back pay is being set aside for Representative Fees. Say what? Now, don’t panic. They do that automatically because you did have a representative at some point in time. Well, you want your money that is being set aside for the Representative because you fired them. Problem? Just a little bit.
Sometimes, people don’t understand that just because you fire your representative doesn’t mean that they will not get paid. Here’s how it works. Representatives are paid in two ways: Fee Contract and Fee Petition. Under the Fee Contract process, you have entered into a contract so that your representative receives 25% or $5300 (whichever is less. On June 1, 2009, it goes up to $6,000) of your back pay. If Social Security approves the contract, they will pay the representative if you win from your back pay. The Fee Petition is a little different. This process is based on the premise that the representative has to show the Social Security Administration the work that the representative has done in order to get a fee.
So what does that mean as it relates to you firing your representative? Well, it depends. The Fee Petition process requires the representative to notify the client that he or she is petitioning for a fee and if the client wants to contest the fee, they can. Which means, you can challenge the representative getting a fee or challenge how much the representative will receive.
Now, you gotta look it from it’s proper perspective. If your representative has only been in your case one month and did nothing, I can see a really great grounds for saying they should get nothing. However, if your representative has been in the case a few months or even years, or if they have done appeals, or if they have gone to court with you, you are going to have a hard time justifying that they deserve nothing.
Just remember, it’s important to understand that you do have the right to contest the fees of your representative if they are no longer your representative. Just understand that if your representative did some work, they have a right to ask to be paid for it.
Monday, April 20, 2009 - 10:16 AM EDT Social Security Tips for certain disability cases, Part III: Asthma
It’s tough. I know. You are applying for disability benefits because you have asthma and you can’t seem to understand why no one totally understands what you’re going through. These cases are sometimes very tough because asthma is a fairly normal condition that affects people on a regular basis. As a result, merely saying that you have asthma and that you are using a nebulizer doesn’t necessarily mean that you are going to be entitled to disability benefits right out the gate.
However, if you are alleging disability based on asthma, here are a few things that you may need to keep in consideration to help your case:
1) Be mindful of how often you have an asthma attack. Keep track of your attacks. Keep a calendar. Mark how long you have them and what you have to do to make them stop.
2) Be mindful of what causes them. Is it heat or cold? Is it dust or humidity? Is perfumes or chemical substances? What about exertion? Do you have problems breathing when you walk? Pay close attention to any stressor that may affect your ability to breath.
3) How often are you REALLY going to the hospital? So many times people say that they are going to the hospital every month when in reality, it’s only every other month or even less. Keep close track of the frequency of your visit.
4) Smoking does NOT help! So many time people complain about their asthma but for some odd reason, they are still smoking. Trust me when I tell you, smoking does NOT help your case.
Asthma cases are inherently tough because so many people who deal with asthma on a day to day basis are still working. Be mindful of these little things. They make a difference.
Social Security Tips for certain disability cases, Part I: Diabetes
Over the next few days, I’m going to address a few types of cases that I’ve commonly represented and some of the pitfalls that I’ve noticed claimants having.
One of the first cases that I’ve had an interesting time with people affected with Diabetes. Typically, people who are alleging diabetes either have Insulin-Dependent or Non Insulin-Dependent.
Some people have a hard time appreciating the fact that just saying that you have ‘Diabetes’ is not going to get you a guaranteed social security check. However, Diabetes cases are not necessarily that simple:
1) Diet. You are what you eat! It’s amazing the number of times I’ve sat in a hearing and the judge will ask “Does your doctor have you on a diet? Are you following that diet?”. These situations can be really tough because on the one hand, if your doctor puts you on a strict diet and you just can’t resist eating the bad foods, you aren’t helping your case AT ALL! However, sometimes the diets that doctors put you on may be expensive to the household. Think about it. If you have a family of 4 on food stamps, the choice between buying something bad that can last 4 or 5 days versus something good for YOU that last one day can sometimes be a rough chose.
2) Exercise. In some instances, if you’re overweight, your doctor may advise you to exercise. Now, don’t get me wrong. If you have another physical impairment that prevents you from exercising, losing weight through exercise may not be possible. However, if your doctor is advising you to walk or stretch and you’re not doing any of those things, it doesn’t help your case.
3) Medication. Social Security can be rough on those people who believe that they should take their medicine ONLY when they think they should take their medicine. I can’t tell you the amount of times people will selectively choose not to take their medications. The unfortunate thing is the people who can’t afford to purchase their medicine so this puts them in a very tough position.
4) Compliance and the medical doctor. The phrase is called “Non-Compliance” and it is a killer for diabetes cases. When you go to your doctor and he’s advised that you lose weight or change your diet or stay on your meds and your Blood Sugar is still high or “uncontrolled”, typically the doctor is going to make one of two choices. One, despite you following his treatment regime, your diabetes is still problematic. Two, you may not be doing what he wants you to do specifically, therefore you are NOT COMPLYING with his instruction. In other words, you are “NON Compliant!”. It’s hard to explain “non compliance” if you are not doing what you’re supposed to be doing.
Diabetes cases are notoriously tough. Even if you have the tingling in your extremities (neuropathy), fatigue, or blurring / scratchy vision (retinopathy), if the medical records reveal that you are not doing what you are supposed to be doing, you may be in serious trouble of proving your case.
My philosophy has always been, “Do what your doctors tell you EXACTLY and you shouldn’t go wrong.”
TOMORROW’s CASE: EPILEPSY
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