The Power of the Elderly: Social Security Disability and Advanced Aged individuals
As a society, we spend alot of time mourning and pining over the inadequacies and mistakes that constantly arise in our young generation (For purposes of this discussion, the young generation is anyone under 50). The entertainment community is still reeling from the death of Teen Idol Corey Haim. We are still anxiously watching the rehabilitation of Tiger Woods. The sports world is closely following Marion Jones. We won’t even talk about the countless Lindsey Lohan, Nicole Richie and Brittney Spears sitings that tend to dominate the airways.
I understand that this information may be pertinent. And let’s get one thing straight, I’m RIGHT in the mix of those people who are following all of this extraneous information (I would be a hypocrite if I denied that I didn’t want to know how Britney Spears was doing with her kids).
But the thing that blows my mind is the power of the elderly. Which is why some people who are applying don’t fully appreciate why the Social Security Disability regulations tends to be more favorable for those over the age of 50.
For those of you who don’t know, the Social Security Administration puts people in 5 categories when it comes to applying for Disability claims:
1) Childrens: 17 years and younger
2) Younger Individuals: 18 years to 49 years
3) Closely Approaching Advanced age: 50 – 54 years
4) Advanced Aged: 55 – 59 years
5) Closely Approaching retirement age: 60 years to 64 years.
The regulations tend treat those individuals who are over the age of 50 differently because those individuals have a tendency to have been in the work force for a more significant period of time. Therefore, their ability to adapt to other jobs may be diminished as time progressed.
However, there’s another thing that people underestimate. It’s not something that is readily written in the regulations. CREDIBILITY! Especially if the person is someone who has CONSISTENTLY worked for years and years and is still trying.
Don’t believe me? Not trying to say that these persons should apply for disability but keep these thoughts in mind:
1) Michael Jackson, 50 – before he died, you could arguably say that there are few people who could dance with him at his age.
2) Chuck Norris, 70 – he still does work out videos, he still teaches, and his still considered one of the baddest martial artists of all times.
3) Tina Turner, 70 – she got finished with a tour, a TOUR in Europe and for those who have never seen her, she dances NON stop!
4) Betty White, 80 – she’s still doing movies and do I need to remind you that her commercial was the number 1 Super Bowl commercial and there was a FACEBOOK drive to get her on Saturday Night Live??
You know why these people STAND out? It’s because there is something inherently credible about someone who continues to work despite their age and the underlying health problems that come along with it. You respect those people because they don’t make any excuses. They HIT IT!!
Now, don’t get salty and think that if you’re young and you’re not working that I’m calling you out. I’m doing that at all. I just need you to understand how powerful a statement that it sends when an elderly person has had a long and continuous work history. This information demonstrates to the Social Security Administration that a person was dedicated and committed to sustaining their livelihood. In addition, in the end, most of these people would RATHER be working than receiving benefits. Am I saying that this is going to guarantee their receiving benefits?? NO. Am I saying that it helps? DAMN RIGHT!
Remember, the very essence of Social Security requires individuals to work and pay into the system. The system can’t work unless you work. When an elderly person applies, it says alot about their credibility. SSA may give a little more deference to what they have to say when they complain of aches and pains because if their record shows they are a WARRIOR, they know that WARRIORS don’t whine!
The Social Security process is long but it does value those who truly are dedicated to contributing to its long term progress. Don’t sleep on the Power of the Elderly.
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.
The Tony Kornheiser lesson: Even when you think someone is not, someone is ALWAYS listening
Of course, by now, you have probably heard of the statements that Tony Kornheiser made about ESPN Analyst, Hannah Storm. In case you missed it, here it is what he said:
“Hannah Storm in a horrifying, horrifying outfit today,” Kornheiser said. “She’s got on red go-go boots and a catholic school plaid skirt … way too short for somebody in her 40s or maybe early 50s by now.
“She’s got on her typically very, very tight shirt. She looks like she has sausage casing wrapping around her upper body … I know she’s very good, and I’m not supposed to be critical of ESPN people, so I won’t … but Hannah Storm … come on now! Stop! What are you doing?”
Now, the fact that he made these statements are bad enough. I don’t think anybody would question that point. However, it’s further magnified by the fact that he made the comments on his radio show.
Do we feel sorry for him? OOOOO, no! 2 weeks off the air is just a drop in the bucket. He’s already apologized and he will be back on prime time before march madness is officially over. The reason I’m bringing this story forward is for the millions of people who ‘like’ Tony think they can say something and nobody is paying attention.
Unfortunately, most people don’t realize that every one on the internet has the potential to reach MILLIONS of people in an instant. And for those of you who are working, you need to realize one fundamental fact. If you use the internet as your sounding board, at least ONE of those millions of people may know your BOSS!!!!
Let’s be real. We LOVE our technology. We’re intoxicated by twitter. Fascinated by Facebook. Mesmerized by Myspace. Blown away by our Blogs. And yelling ‘hip hip, hoo ray’ for YOU TUBE! And you better believe that we use every tool that we can think of when can.
Unfortunately, in our ‘haste’ to fully maximize all of these tools, we let two little words called ‘common sense’ seep out of our ears. What made you think that posting an update on your facebook page that says “my boss is an idiot’ wouldn’t get back to her? Who told you that a ‘tweet’ that says “my boss is stupid” wouldn’t get back to him?
And I got news for you. It’s almost like getting caught in bed with someone who is NOT your significant other. You can do the Texas Two step as much as you want but when the music stops, yo ass is GONE!! You can’t argue a post that YOU wrote. You can’t argue what you put in YOUR facebook page. There is no getting around it. And, as one of my tech friends once told me, once it’s on the web, it’s A WRAP! You can’t get it off. You can’t modify it. You may be able to TRY and delete it but if the wrong person saw it and copied it, I got two words for you:
“TOO LATE”
“PINK SLIP”
“YOU’RE FIRED”
Hell, take your pick!!
And OH, don’t think because you wrote a posting AFTER hours at home that you’re safe. As more and more companies move to regular use of technology, you NEVER know who may watching. Now, I’m not saying that you should censor your speech. However, you need to understand two points. ONE, if you say something disparaging about your employer, be prepared to accept the consequences. TWO, you don’t TRULY know who has your back in an employment situation so don’t let yourself fall into a false sense of security. In the right situation, people WILL DIME YOU OUT!!
Listen, we aren’t all of the same calibur as Hannah Storm or Tony Kornheiser or Shawn Johnson or Apollo Ohno. Millions of people are not resting on our every word. But be careful. There are a FEW people who are very interested in what you have to say and you don’t want WHAT you say to effect WHERE you work.
The hardest part about proving you’re disabled is relying on the medical treatment you are STUCK with
Today, a report was issued regarding the healthiest counties out 3000 counties nationwide.
Overall, the report found least healthy counties have childhood poverty rates more than three times higher than the healthiest counties. Residents of the least healthy counties are 60 percent more likely to be hospitalized for preventable conditions, a sign of poor primary care. A third of zip codes in the least healthy counties have at least one grocery store, compared to almost half of zip codes in the healthiest counties.
http://www.countyhealthrankings.org/
Of course, this information is probably not going to be broadcast on twitter, facebook or myspace. And with the winter olympics and the BACHELOR going on, few will truly appreciate the impact of this report.
What does this report tell you? Quite simply, as stated in one article, “Looking at each state’s best and worst further illuminates a well-known trend: The least healthy counties tend to be poor and rural, and the healthiest ones tend to be urban or suburban and upper-income. ” http://www.chicagotribune.com/health/chi-ap-us-med-countyhealth,0,2482605.story
Unfortunately, this doesn’t help the millions of people who are applying for Social Security Disability benefits. Why am I stressing this point? Quite simply this. The person bears the burden of proving they are disabled. The government doesn’t have to prove a thing. However, this presents a unique situation when you are sick, you aren’t working and you ‘DON’T HAVE INSURANCE’. So what do you do when you have those things striking against you? Well, you can either go to the free clinic, go to the Emergency Room, or get on the county health insurance.
Here’s how it gets tricky but you gotta try:
1) Ask about free clinics
You gotta ask your health care provider, the ER, social worker, county services, or non profits about free medical clinics. I always tell people that free medical treatment is better than NO medical treatment.
2) Find out if you qualify for county health insurance
Every county is different so you want to check to see if you qualify for any type of medical insurance that the county may offer. You don’t know unless you try. AND, if it’s available in your county but you haven’t tried to get it, it may count against you.
3) if you have a “SHARE OF COST”, make sure you understand what it means
A ‘SHARE OF COST’ basically means that you are responsible for a certain amount and anything above that, the government will pay. However, it gets funky because some people don’t understand how that works so you want to make sure you get a complete explanation so you can get treatment.
4) Go to the ER if your condition gets worse.
The Emergency Rooms are flooded every day. Unfortunately for some people, the only primary treatment they can get IS the ER. Don’t be afraid to go to the ER. At least you can get something if you HAVE to get treated.
5) Make SURE you tell SSA that you’ve done ALL of these things
I can’t tell you how many times I’ve had people who literally didn’t do anything. They didn’t go to the county. They didn’t go to the ER. They didn’t go to the free health clinic. AND YET THEY STILL say they can’t get any medical treatment. You gotta try in order to show SSA you made the effort.
I know that is difficult but you have to make the best of what you have available because in the long run, only YOU can prove that you are disabled.
Cancer and Social Security Disability benefits: Not as easy as you think
Today, I was going through my normal surfing like most people do and realized that Bo Griffin, former TV Host of HGTV’s “The Big Reveal” passed away due to Cancer. She was experiencing pain in her back and was unaware that she had cancer. Unfortunately, her bought with cancer was fairly short as she died with a few weeks of its discovery. She was diagnosed with intestinal cancer. The news of her death spread fairly quickly (thanks to the advent of social media, twitter, and you tube).
However, upon hearing of her death, I instantly thought about Roger Ebert, noted movie critic, and his widely publicized bought with Thyroid Cancer. He was successful in his fight but it left him with the inability to speak.
The thing that really resonated to me was the distinctive difference between the two types of cancer. In Ms. Griffin’s case, she had no knowledge of the cancer and it overwhelmed her quickly. In Mr. Ebert’s case, a radical procedure saved his life yet the possibility of it returning still remains.
I’ve represented a number of people who have had different types of cancers over the years and I have found that each one presents a unique set of circumstances as they relate to Social Security Disability benefits:
1) Suspected Cancer versus Cancer
The word “Cancer” is a terrifying word. Like HIV and AIDS, there is no known cure for cancer. As such, you can use chemo, surgery and radiation but you may not totally keep it from reoccurring. For purposes of Social Security, it’s important to know the difference between being diagnosed with Cancer and being ’suspected’ of having cancer. Usually ’suspected’ comes into play when the doctor has a reason to believe that some type of nodule or growth or something that has alerted them to the possibility of cancer. However, for Social Security purposes, this doesn’t not guarantee the receipt of disability benefits.
2) No two cancers are the same
Under the Social Security regulations, individuals may be found disabled if they meet the criteria for certain medical impairments that are listed in the regulations (The listings). Most people don’t realize that Social Security maintains several listings of different types of cancers. As such, just merely being diagnosed with cancer by itself doesn’t guarantee an immediate favorable result.
3) Remission sometimes means Recovered
Cancer is a devastating condition. The treatment that people have to go through in order to combat cancer can be painful and traumatic. However, most people don’t realize that it is not uncommon for people who have gone through the treatment to go back to their normal lives. As such, Social Security can be tough on some cases where the person has completed the treatment and their doctor has given them a clean bill of health.
4) Remission and BEYOND: How are you doing now?
Most people have to follow an aggressive follow up routine to make sure that the cancer doesn’t come back. Some people come out of the treatment with no problems or any residual problems. The key is ‘how are you doing now’? Most people don’t understand that Social Security wants to know if you are still having problems and MORE IMPORTANTLY, does your doctor know that you are still having problems?
5) Cancer and the TERI case
TERI stands for Terminally Ill. These cases are usually expedited because the person has a high likelihood of dying in a short period of time. I had the opportunity to represent my client’s mother when her cancer returned. Due to the aggressive nature of the cancer, she received disability benefits in less than a month. Unfortunately (god rest her soul), she passed a few months later.
I’ve had a few cases where I’ve literally watched someone deteriorate before my very eyes and so I take Cancer very seriously when clients complain that they believe they are disabled due to cancer. The word, by itself, doesn’t guarantee a result. Keep in mind that even though cancer is devastating, you must realize that you may need to provide SSA more in order to demonstrate that cancer is disabling to you.
