Is your building making you sick?

August 11, 2010 · Filed Under Health Law, Industrial Hygiene, Social Security · Comment 

For those of us who spend eight hours a day in one place every day for five days a week, the answer to this question is fairly simple:  HELL YEAH!!  Before you start throwing your hands in the air and proclaiming, “SOMEBODY can relate” and getting ready to get your ‘cuss on’, I have something to tell you.  I didn’t ask if your building was getting on your nerves.  I asked if it was making you sick.

In so many instances, we find ourselves working in environments t on such a regular basis that we don’t even pay attention to the physical effects until it’s too late.   The simple fact is that there are many things that go into making sure that your work environment is suitable for you to work.    However, if you find yourself wondering if your building is making you sick, here are a couple of things to consider:

1)      How do you feel when you’re at home compared to when you are at work?

  1. Pay attention to how you feel when you come home from work.  If you find yourself feeling sick at work but you get better after you’ve been home for a while, you may be exposed to something at work that making you sick.

2)      Are there certain areas of the building where you don’t feel right?

  1. Sometimes, there is a specific area where there may be clear indications that something is wrong.

3)      How are your eyes?  How about your breathing? Anything setting off your allergies (Even though you don’t have any)?

  1. Sometimes, it’s hard to pinpoint exactly what it is that is making you feel sick but you can definitely tell that something is wrong.    Are your eyes watering?  Are you having a hard time breathing?  Are you sneezing like crazy?  Pay attention because these could be warning signs that something is wrong.

4)      Has anything changed in your building?

  1. Yes, we get excited when we get a new roof, new wall, or new system put in place.  However, the simple fact is that there are times when putting in these new things may create new health problems.  Pay attention if you notice a difference.

The phenomenon that I am referring to is called “Sick Building Syndrome” and it usually occurs when some type of exposure to a particular substance in the building results in you getting sick.  If you notice something is wrong, don’t be shy and don’t wait for it to get worse.  Let your employer know right away.

Reeves Social Security Guide #1: Medical Myths and the Patients Who Believe Them (or Six Simple Myths That Cause Confusion Regarding Your Social Security Disability Claim)

June 18, 2010 · Filed Under Social Security · Comment 

I spend a lot of my time explaining the Social Security Disability process as it relates to doctors, medical records, and evidence, that I feel if I could put doctors and their patients in one room, I could really clarify a few myths people have about the process.    It’s tough because people are already frustrated with a lengthy and difficult disability process.  The process gets even more difficult when people find themselves misunderstanding how it all works.

In an effort to address these misunderstandings, let me tackle a couple of the more common myths:

#1 Myth:  “My doctor told me that he/she thinks I’m disabled”.
Tip #1a (For the patient) – Don’t believe it until you SEE it
Tip #1b (For the doctor) – If you SAY it, you’d better write it.

Reality #1 – I can’t tell you how many times I have had clients who legitimately believe that their doctors have told them that they are disabled.  Now, I’m not disputing that’s what their doctor told them.  However, it’s amazing the number of times I have looked through the medical records only to find that there is NO mention of a disability in their treatment notes.  So I always tell my clients that unless they literally see a disability statement in their records, don’t blindly believe that it is going to be there.  For my doctors, I know you know this already but your patients are hanging on to every word you say.  So if you even hint or whisper at the possibility that you think they are disabled, they are going to hold you to it.

#2 Myth: “My doctor told me that they will write a report that will guarantee I get disability.”
Tip #1a (For the patient) – Your doctor doesn’t know the law.
Tip #1b (For the doctor) – If you really want to help, ask the appropriate party for guidance.

Reality #2 – I hate to be the bearer of bad news to my clients but I have to remind them that their doctor doesn’t know the law.  Your doctor can’t guarantee you’re going to get disability benefits.  Now, don’t get me wrong.  In most instances, the opinion of a treating doctor holds substantial weight, and the Social Security Administration places a lot of importance on receiving their records.   However, if there are some additional issues with your case, or you have other medical records that have contrary findings, your doctor’s report may be ignored.

#3 Myth: “My doctor will fill out a form that will help me.”
Tip #1a (For the patient) – Be careful what you ask for…
Tip #1b (For the doctor) – Make sure your form is supported by your records.

Reality #3 – You have to be careful when you ask for an assessment.  If you are not confident of what the doctor is going to write regarding your limitations, he/she could actually hurt your case.  For doctors, it is equally important that the limitations you provide are supported by the medical records.  Your records may be viewed with some degree of suspicion if you say the person can’t do anything due to pain and all you’re giving them is ibuprofen.

#4 Myth: “My doctor is waiting on a statement from my representative before he/she writes a letter.”
Tip #1a (For the patient) – The doctor doesn’t need a statement from your attorney.
Tip #1b (For the doctor) – If you intend to write a letter, write it and put it in your patient’s records.

Reality #4 – Contrary to popular belief, a doctor does not need a letter from your legal representative in order to write a medical letter supporting your claim.  Your doctor can write the letter and give it to you.  He/She can write a letter and fax it to your representative or directly to the Social Security Administration.  He/She can write a letter and put it in your medical records.   Trust me, he/she doesn’t NEED anything from anyone in order to write a letter on your behalf.

#5 Myth: “Once Social Security sees my records from my doctors, I should get approved.”
Tip #1a (For the patient) – You don’t know what your doctors have written.
Tip #1b (For the doctor) – Make sure you write what you’ve said.

Reality #5 – The Social Security Administration must consider all of your medical records.  As such, if you have gone to a variety of different doctors, they are going to review and assess all of those records.  They are going to give more weight to certain documents and discount others.  In addition, the simple fact is you probably have not seen all of your records so there is no way of knowing what your records may say.

#6 Myth: “My doctor is willing to help me with my disability claim.”
Tip #1a (For the patient) – Ask for a letter, an assessment, or an evaluation.
Tip #1b (For the doctor) – Ask for the names of other doctors and review all other records.

Reality #6 – To all of the patients out there, if you are lucky enough to have a doctor who sincerely wants to help you, you can tell him/her to do a few things for you.  Ask your doctor to write a letter about your condition.  Ask your doctor to write an assessment or send you for an evaluation.  To all of the doctors, if you truly want to help your patients, you can, also, do a few things.  Ask for the names of your patient’s other doctors and get those medical records.  Once you’ve done that, review those records (make sure you note in the file that you have) and give an assessment of the patient’s situation.

I know these things may seem obvious but you would be amazed by the number of people who have found themselves getting frustrated because they don’t realize how their medical records and their doctors affect their cases.  I hope this helps.

Hurry up and wait: Social Security, federal funds, the Gulf of Mexico and the American people’s money

June 15, 2010 · Filed Under Daily Lessons, Politics, Social Security · Comment 

My heart really goes out to anyone who has to apply for Social Security disability benefits.  It’s a long process and it’s a tedious process.  However, it does have one thing in its favor:   It IS a process.  It stinks. It’s difficult.  It’s frustrating.  But it IS a process.   And we have that process because, at the end, of the day, you’re dealing with federal funds.  When you’re talking about federal funds, you’re talking about the American people’s money.   And let me tell you, people don’t care about other people’s money.  They care about their own.  And in some instances, they care about yours if they can get it.  So, we have a process to make sure it doesn’t get abused, misused, mishandled, and / or misappropriated.    Unfortunately, no one wants to hear that when they need it.  However, this is a time when we need a process.

How many of you remember Hurricane Katrina and that whole fiasco with the debit cards that were sent out?  A lot of struggling people didn’t get the benefit of the monies the federal government wanted them to get.  WHY?  One, they wanted the money RIGHT NOW!  Two, in its effort to get the money to them right now, the federal government gave some people money they didn’t deserve.

Now, what does that mean for this latest disaster in the Gulf?  Again, we are faced with a situation where the American people want their money RIGHT NOW!!  But it’s clear that the government has a process.    Look at it like this:  let’s say that you were in an auto accident and it was the other driver’s fault.  That driver has insurance and your car has over $5000 in damage.  Who do you want to pay for it?  That’s right! The other driver’s insurance.  Well, let’s assume that in your haste, you tell YOUR insurance company to pay for it because the other driver’s insurance is not as good as yours.   Ok, now you get what you want.  Unfortunately, your premiums go up.  The accident counts against your insurance.  Finally, your insurance company informs you that, if you get into another accident, you will be dropped from your policy.  NOW, you’re mad.  But why?  Had you slowed down a minute and let the OTHER driver’s insurance handle it, you wouldn’t be in this position.

Now, I’m not trying to make light of the peril and hard times of those in the Gulf.  I’ve spent my entire legal career working with people who have to deal with the federal government in an attempt to receive their funds through a lengthy process.  My point is this, BP caused this car accident.  They have the insurance.  Remember, the ENTIRE COUNTRY has to foot the bill for any money that comes out of OUR pocket to address this situation.  A situation that was caused BY BP!!!!  Let their insurance coverage address it and you just wait for the rental car.

REEVES’s REASONS WHY RAPID, REPETITIVE, RINGING THE PHONE WILL GET YOU NO RESULTS!!

Let me tell you why ‘BLOWING up’ someone’s phone NEVER works

Ok, before you start losing your mind, I don’t mean ‘LITERALLY’ blowing up someone’s phone so back off.  That’s not what I’m talking about.  I mean when you decide that calling several times a day or leaving multiple messages over a short period time is how you’re going to get someone to respond.   Let me tell you that this course of action is NEVER a good thing.

Now, keep in  mind this little point.  Pretty much every state requires attorneys to keep their client’s informed.  So we tend to be very accommodating to multiple calls (probably more than we should sometimes. lol).  However, I can’t tell you how many times I’ve had to give my “REEVES’s REASONS WHY RAPID, REPETITIVE, RINGING THE PHONE WILL GET YOU NO RESULTS!!”

1) For every message left, they gotta listen to it.
I’m always amazed at the people who feel that they have to leave multiple messages.   One message is usually fine.  Even more so fascinating is the fact that so many people will leave LOOOOOOOOOOOOOOOOOOONG messages and then want to repeat the same information when they speak to the person.   Remember, this is not necessary.  More importantly, why would you leave a 3 minute message on Monday morning and then call BACK that afternoon to see if they got it OR to ask them about the message??  Give them a chance to read it.

2) Don’t assume that your caller id will appear on the person’s phone.  Even if your number appears, do you really expect them to remember your number?
Remember, some phones have caller id which will only show your number.  THAT’s IT!  So don’t get an attitude if you call OVER and OVER again and you assume the person will recognize your number.   When I worked for my old firm, I had over 1000 clients.  Trust me, I’m doing good when I can remember family member and  friend’s numbers on my cell phone.   Do you really expect people who get calls all day every day to remember YOUR number by heart????

3) If they say 24, 48, or 72 hours, GIVE THEM THAT TIME TO RESPOND.
Most people make a point to let the caller know that they need to be given time to respond.  Usually, this is done because the person has so many calls they receive, they want to have the ability to call back in a timely manner.   So be reasonable.  If the message says, “I’ll respond in 48 hours”, that means TWO DAYS!! So if you call on Monday morning and you get the message “I’ll respond in 48 hours”, WHY IN THE HELL ARE YOU CALLING  MONDAY AFTERNOON??????   CHILL!  Give the person a chance to respond.

4) Always remember the story about “The BOY WHO CRIED WOLF”
Now, like i said before, attorneys are different.  We have a duty to communicate and keep our client informed.  However, you have to be realistic, if you call on Monday and the person gives you a status and THEN you call on Tuesday and they give the same status and then you call on Wednesday and they give you the same status, you CAN’T be surprised if you call Thursday and they don’t call back right away.  Keep things in their proper perspective.  After a while, people may tone you out so be careful.

5) If you don’t leave a message, HOW will they know?
This happens ALOT.  People confuse “making repeated calls” with “leaving repeated messages”.  Don’t forget about point #2.  You can’t assume that the person’s phones keeps tracks of the multiple calls you have made.  More importantly, you can’t treat ‘calling multiple times’ like leaving messages.  So before you get angry because you’ve called 10 times and never got a call back and you didn’t leave a message, ask yourself this question, ‘If you didn’t leave a message, HOW do you expect them know that you called multiple times?’

6) Don’t forget about the shoe.
Now, follow this example, you owe someone some money.  You don’t have it.  You are going to get it.  You are going to reimburse the person.  However, they are not sure you’re going to honor your word.  So they call you every other day asking for the status of their money.   GUESS what you’re going to do?  First, you’re going to have an attitude because you don’t want anyone sweating you.  Second, you’re going to ignore.  Third, when you finally pay the money, you are NEVER going to bother that person EVER again.   Now, REVERSE the role.  See how easy it is to get stank with someone and FORGET that they have your interest at heart but you have to respect them and their time.

Now don’t get me wrong.  As a professional, I understand the importance of making sure that people kept informed.  Just keep things in their proper perspective.    Sometimes, you have to understand that you must give the person you’re speaking to the opportunity to respond and once they have, you have to trust that it is not always necessary to ‘aggressively call them’.  Trust me. They know you’re there.

I’m going to call my congresssman to speed up my Social Security Disability case. Will that work??

March 4, 2010 · Filed Under Social Security · Comment 

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.

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