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.
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 REAL World frustations for you and the Social Security Administration
I’ve represented clients before the Social Security Administration for over 8 years. During that time, I’ve had a chance to worked with, talked to, or interacted with some great people who are truly trying to do the right thing. What is the right thing? Processing a person’s claim when they apply for Social Security Disability benefits. I’m a firm believer that you “Catch more flies with honey than with vinegar”. For those of you who don’t know what that phrase means, I am a firm believer that you can get more useful information from SSA by just asking questions and (more importantly) listening when the people who do this EVERY DAY have some thing to say.
I am not going to sit here and say I speak for the Social Security Administration (because I don’t) nor am I going to defend them or slam them. However, after spending so many years talking to some great people in the agency, here’s a few things I’ve found to be relatively consistent:
1) They are trying to move your case as fast as they can
I know you don’t want to hear this but do you REALIZE how many cases come through SSA every day?? Imagine if 100 people file a new claim every day in one office. That’s about 500 people a week FOR ONE OFFICE. So what makes you think your case is special?? I hate to be nasty but you have to keep in mind that when you apply, your case is one of ALOT of cases that are coming through the pipeline so you have to keep that in mind. Another thing you need to realize is that SSA has the burden of processing your case as fast as possible. It serves no purpose for them to sit on your case. They want to get you in and out.
2) If you don’t give them everything they need, they can’t help you
SSA relies on information that you give them. Listen to me when I say this. They rely on information that YOU give them. So if you decide to NOT tell them about a doctor because YOU decided that it wasn’t important and they discover that you went to that doctor, NOW, you have to wait while they get those records. Remember, don’t pick and choose what you THINK is important. Provide them with everything they need so they can make an informed decision.
3) Cussing them out, Calling them out, Telling them off, or Blowing up their phones DOES NOT HELP!
I”ve said this a million times. How would YOU respond if someone called you “cussing you out” or “telling you off” or “calling every 5 to 10 minutes”? Come on now. Think about all of those telemarketers or bill collectors. You will unplug your phone or put the phone on silent. If you answer the phone, the first nasty word you hear, you hang up the phone. Now, SSA doesn’t unplug their phones or put their phones on silent. However, what makes you think they are going to be responsive to you ‘going off on them on the phone’? I know you’re frustrated but you have to keep things in their proper perspective. These people are PEOPLE, too.
4) Contrary to popular belief, ALOT of people are in the same position as you.
Here’s where it really gets tough. When most people apply for Disability, they aren’t able to work. When you’re not able to work, the wheels fall off the car. What I mean is that you aren’t able to pay your bills, buy your food, or pay for your medicines. You aren’t able to sustain yourself. Unfortunately, a lot of people are in the exact same situation. I represented a guy who applied while he lived under the Interstate overpass. I’m not saying that your situation isn’t important. I’m just saying that, unfortunately, a lot of people are in the same position as you.
5) If you don’t tell them something has changed, how will they know
Remember, remember, remember, you must inform SSA of your changes in circumstances. If you have a new doctor, you gotta tell them. If you move, you gotta tell them. If you go back to work, you gotta tell them. You can’t trust that SSA will figure it out on their own. If they do, they have to investigate. Remember, that takes time to investigate which adds time to your case.
6) If you are a TERI case, they will move your case but it still takes time.
For those of you who don’t know, TERI stands for Terminally Ill. These cases are tricky because when SSA gets these cases, they move on them fast. However, they still need a little time to get the necessary paperwork to process the case. SSA takes these cases very seriously but they still take a little time to process.
7) It is a PROCESS and there is no going around it
I’ve said this a million times but it still is tough to appreciate sometimes. Remember, when you are applying for Social Security Disability, you must go through the Social Security Disability PROCESS. You can’t skip any steps. You must go through the process in order to ensure that you meet the requirements. There are no short cuts.
If you make it up, bring it up, add something new, or make them look for it, it adds time to the process
The SSA has a duty to investigate anything that is relevant to your case. So its important that you keep them informed early and often about anything that is relevant to your case. Sometimes, when you are listening to others who have had success getting disability benefits, you may add a few things that you think will help you. Remember, SSA has to look at everything that may impact your case so be upfront and honest.
9) There is no single one piece of MAGICAL evidence. They have to look at it all.
SSA has a responsibility to look at the weight of the evidence. In other words, SSA has a burden to look at all of the evidence to determine if leans in your favor or against you. The reason this is important is because sometimes people think that one letter from their doctor will guarantee a favorable outcome. Remember, SSA has to review everything before they can make a decision. The letter from your doctor may help but it’s not a slam dunk.
10) If you keep starting over, so will SSA
I’ve had a few people mention to me that they wanted to know if it was ok to reapply after an initial denial. Remember, every time you start your case over again, they start your case from scratch. Now, they will usually re-open your prior application (depending on how long you waited to file again) but they are going to start from scratch with your new application. More importantly, your case won’t move faster just because you are starting over again.
11) If they ask for it, give them what they need
When you file for disability, get ready. They are going to send you a BOAT load of paperwork. This paperwork is designed to assist them with processing your case. The longer you wait to give it to them, the slower your case will be processed.
12) Sometimes, it’s JUST NOT THEIR FAULT!
Recognize this, if they are waiting for something and it hasn’t come their to them, what do you expect them to do? If you tell them that your doctor says you’re disabled but your doctor won’t release your medical records, what do you expect them to do? If you tell them that your friend can answer questions about you but your friend won’t call them back, what do you expect them to do? If they schedule you for an appointment but you keep missing the appointment, what do you expect them to do? If they contact your child’s school and the school refuses to cooperate, what do you expect them to do? Most people don’t realize that the SSA process is a two way street. If they aren’t getting what they need because of someone else, you can’t get mad or frustrated because they aren’t making a decision fast enough.
Contrary to popular belief, SSA is frustrated as well. They have to handle a large case load and they have to make sure the cases are handled as fast as possible. Your case is important to them but they can only work with what they have.
Let me tell you WHY you shouldn’t look for LOOP HOLES with Social Security!
I’ve seen it before. You are struggling to make ends meet with the benefits you receive from Social Security. It’s getting a little tight and the next thing you know, you come into a bulk of money. Now, it doesn’t matter where the money is coming from (whether it’s Workers Compensation, VA benefits, inheritance, lottery, or settlement), it really helps.
However, you got a little problem. You don’t know if you should tell Social Security Administration or not. So what do you do? You wonder if there is a way that you can keep the money in a way so the Social Security Administration won’t find out.
The moment you start looking for ways to be slick and keep the fact that you got money from Social Security, you run into a few things that you should know:
1) This ain’t your homeboy or homegirl off the block. This is the federal government and they don’t PLAY!
I can’t tell you how many times I tell my clients that it is almost impossible to hide things from the Social Security Administration. So many things are tide to your Social Security number that it is virtually impossible to keep things secret, especially money.
2) There is no loophole!
When it comes to money and your Social Security benefits, the law is black or white depending on what type of money you are getting from Social Security and what type of money you are getting from another source. This is why it is important to understand the type of benefits you are receiving and how getting a windfall may apply.
3) The Social Security Administration will GET their money!
If you get money and it impacts Social Security and they don’t find out until later, you will FEEL IT! They will either reduce your benefits or possibly cut them off in order to get the money back that they shouldn’t have paid you because you got a lump sum of money and don’t tell them.
4) They will keep an eye on YOU in the future!
I had a client a few years ago who had a child with SSI. When her child got benefits, Social Security required the mother to set up a dedicated account. For those of you who don’t know what a dedicated account is, it’s an account that can only be used for certain things and every dollar spent must be documented. If you don’t, you may risk losing your benefits. The mother didn’t understand why she had to have one. Well, unfortunately, she had multiple charges of bad checks and fraud and at least one situation where she failed to tell Social Security about monies she was receiving from another source. So, the account they set up was to ensure that she spent the money properly on the child. In other words, they didn’t trust her to manage her child’s money. So why would you run dirty and risk being under scrutiny by the Social Security Administration?
5) I know you want your money but play it smart.
Listen, I know that times are tight. I even understand that it is difficult to live on the money that Social Security has awarded you. However, it’s important that you play it smart. Why risk the possibility of having your benefits affected in the future?
6) Proceed at your own risk.
For the 8 years that I have practiced law, I have learned at least ONE universal truth. Despite all of the advice, information, and warnings that I provide, people will do what the HELL they want to do. As an attorney, I don’t focus on the short term. I look at the long term and invariably, people are going to do what they think will fix their situation NOW as opposed to dealing with something BIGGER later.
Listen, I understand how tough it is and it’s a pain when you find yourself in a position of getting a big sum of money that NOW, you have to figure out a way to keep the money and not lose your benefits. Well, don’t make your situation worse by trying to find a slick way around not telling Social Security about your money. In the end, you could make matters worse than better.
How does getting a lump sum of money affect my Social Security Benefits?
This topic can be really scary. You know the deal. You’ve busted your butt for weeks and months and maybe YEARs to get your disability benefits. Now, all of sudden, you find yourself in a position where you get a lump sum of money and you don’t know what to do.
The lump sum could be anything. It could be an inheritance. It could be a settlement. It could be a gift. How do you determine if you should tell Social Security about the money and what should you do?
Here’s a few things to consider:
1) Remember, Social Security is the federal government and the FEDERAL GOVERNMENT ALWAYS FINDS OUT!!
WHY?! WHY!? WHY are you going to try and run dirty with the federal government, man?? People don’t realize how many things are connected to their social security number. So if you get a ‘windfall’ (like the lottery, or a settlement, or inheritance), there is a PRETTY good likelihood that this information will be reported to the federal government. The information may be reported for tax purposes but if you’re on disability, you better believe that it’s going to filter down to the appropriate agencies.
2) Understand what Social Security disability program you are on.
Most people don’t realize that Social Security has several Disability programs. These different programs require you to be found disabled. However, each program has different requirements when it relates to money and income.
3) There’s a difference between REDUCTION, SUSPENSION and TERMINATION
Depending on the program, your benefits could be reduced because of the amount of money that you receive or the TYPE of money that you receive. Also, for some disability programs, your benefits could be suspended if you receive a lump sum of money. However, this suspension typically remains in effect until you spend all of the money down to a particular dollar amount. Once you have spent the money, you should notify the Social Security Administration so they can reinstate your benefits. Now, keep in mind this point. If your benefits are suspended for more than a year, Social Security will terminate your benefits. In other words, you will have to start over from scratch.
4) Call the Social Security Administration, don’t try to figure it out.
So many times people will receive a lump sum or they know a lump sum is coming so they freak out and are afraid to call Social Security. Under most of the disability plans, you probably won’t have a problem. However, it is much easier to alert Social Security BEFORE than after THEY find out.
5) If you get Workers Compensation or Veterans Benefits, make SURE you understand how they affect your benefits.
Let’s say that while your Social Security disability benefits was coming, you finally SETTLE a big Workers Compensation claim that you had going for a while. MAKE sure you have someone explain to you how your workers compensation benefits may cause an offset or reduction of your benefits. The same is true for Veterans Benefits. Some of the Veterans Benefits programs can count against your Social Security.
5) If you owe SSA money, they will get their money back.
If you get a lump sum of money and, if you know you are, CONTACT Social Security. Don’t wait around. If Social Security determines that you received money from them that you SHOULDN’T have received, they will take it out of your disability check and that is NOT a pretty picture.
6) Be careful if you’re on SSI
The program that is most effected by by WINDFALLS is “SUPPLEMENTAL SECURITY INCOME or SSI”. SSI is the program that is NEED BASED. It’s like a welfare program. So if you are getting SSI and then you get a lump sum of money, your benefits may be affected. Your benefits could be reduced or suspended.
7) If you get a lump sum, keep a check on your documents
Keep a record of the items you are spending your lump sum. This way if Social Security makes a big fuss about where the money went, you can show them.
Getting disability benefits is a long and tough process. Keeping those benefits may be tougher if you find yourself in a position to receive a lump sum. However, if you’re smart and pay close attention to detail, you should be able to navigate through the process with little issue.
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.
Children and benefits: Kids are NOT a meal ticket
Alright, alright, BACK IT UP! I know that someone is reading this title now and getting FIRED UP! But before you tell me to “Go to HE…!!” or “GET OUT MY BUSINESS” or “DON’T TELL ME HOW TO RAISE MY KIDS”, slow your roll, pause and put it in reverse.
You need to understand that this country has hundreds of children who are great need of monetary benefits in order to receive the care and attention they deserve. In addition, families who have children with various needs are tasked with a huge responsibility that many average persons can not relate. So, I don’t want anyone to think that I am slamming people who attempt to obtain Social Security benefits on behalf of their children.
However,……(and you know there is HOWEVER), several years ago, I started hearing parents refer to disability checks obtained for kids as “CRAZY CHECKS”. Now, this really throw me because I didn’t know what that meant. After some discussions, I realized that there was a perception that the best way to obtain disabilty benefits for kids was through an allegation that they had a mental problem, it was possible to obtain Supplemental Security Income (a program under the Social Security Administration which provides needs based financial assistance and Medicaid insurance coverage for individuals including children).
As devastated as I was when I heard this, after a period of time, I observed that it wasn’t uncommon for some parents to utilize their children as a mechanism to receive additional financial assistance. Interestingly enough, not alot of people like to talk about this because who is going to admit that they are trying to get money by using their kids.
Yes, it’s sad but it is a reality. Some people are trying to get their “hustle on” and this way is just one way to do it. However, when I speak to parents who have kids, I try my best to keep a few things in mind when they are attempting to get disability benefits for their children:
1) A DEDICATED ACCOUNT MAY KEEP YOU FROM RUNNING DIRTY! Some times, parents don’t realize that they are being analyzed when a determination of benefits has been made. In some instances, Social Security may authorize the creation of a ‘dedicated account’. A ‘dedicated account’ is an account that has very specific things that can be purchased and social security must be provided an accounting of those things. These accounts are usually set up in situations where there is concern about the parents’ handling of the money.
2) YOUR MONEY makes a DIFFERENCE! Sometimes, parents forget that SSI benefits are NEED based so they think that if they get a big bonus or settlement from some other source, they will be riding high! Unfortunately, this is NOT the case. If you get money from SSI and you get a windfall of money, your SSI may be temporarily suspended until you spend the money down.
3) IF YOUR CHILD is REALLY SICK, treat them that way! Every now and then, I get a few parents who get the high pro glow because they think that once their child gets SSI benefits, they don’t need to do anything else. Most of my parents who have kids, genuinely want to make sure that they keep getting the treatment and attention they need. Remember, your child may get evaluated in the future by SSA.
4) ONE for ALL and ALL FOR ONE! NOT! Please don’t think that just because ONE of your kids got disability, that all of them can get it for the same thing.
5) 18 and OUT THE DOOR! Remember, in most cases, when the child reaches the age of 18, the child can now apply for SSI benefits as an adult (which means the parents no longer can control the money).
Like I said, I’m not trying to say that ALL parents run dirty. I’ve represented hundreds of parents who’s kids genuinely need help and the parents are struggling to do the right thing. However, it’s important that parents understand that their child is not a ‘pot of gold’ at the end of rainbow.
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.
Sometimes you can’t prevent something from happening
In accordance with the online free dictionary, Moot refers to a subject for academic argument. It is an abstract question that does not arise from existing facts or rights. In accordance with the online free dictionary, RIPE, in Constitutional law, referring to a law case appealed from a state or federal court which is ready for consideration by the Supreme Court, meaning that all other avenues for determining the case have been exhausted, there is a real controversy, and the law needs to be settled on one or more issues raised by the case.
Now, some of you who are used to reading my blogs probably are wondering “Why in the hell is he leading off with legal definitions??”.
Quite simply put, sometimes, there is NO case YET in order for an attorney to get involved. So, I hate to be the bearer of bad news but unfortunately, in some instances, you just can’t prevent something from happening.
I can’t tell you how many times I have had people who have approached me about resolving a situation that MIGHT happen. Now, don’t get me wrong. There are plenty of times when situations arise that dictate that an attorney may be necessary. However, sometimes, you have to look at your situation and ask yourself “Has anything happened YET that warrants the need for an attorney?”.
For instance, let’s say you are working at a job and you filed a harassment complaint against your employer. If the harassment continues, getting an attorney involved is helpful if you decide to quit. However, if the harassment stops but you THINK you MIGHT get fired, calling an attorney does NOTHING because NOTHING has happened.
Another example, let’s say you’re on disability benefits but you are thinking about going back to work. If your benefits haven’t been cut off yet, then why would you need an attorney?? If your benefits haven’t been THREATENED to be cut off, then why would you need an attorney? If you haven’t even gone back to work and your benefits haven’t been cut off, why would you need an attorney??
Now, don’t get me wrong. Going to an attorney to determine if you have a case or a potential case is definitely a smart move. You don’t want to lose your rights as a result of a bad situation that you are not sure is actually a case. However, you have to accept the fact that you may have some situations that don’t warrant any legal action because nothing illegal has happened or your rights may have NOT been violated yet.
I know that in these times, we want to be careful. We want to keep our eye out for anyone who may be trying to take advantage of us. However, you have to recognize that some times, the facts of your situation don’t necessitate the need to take any legal action yet!! I know you are probably saying, “so i gotta wait for something to happen before I can do something?”. In some situations, yes. Think about it. How are going to legally stop someone from firing you if you have NO idea that they are ACTUALLY going to fire you??
Be smart! Be cautious! Be informed! But most importantly, be aware that you may have no legal rights yet to be enforced.
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