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Recent Blog Posts
New Blog And Website 2012
For the past 11 months, I have been working on revising my law firm blog and website to better meet the demands of readers and people wanting to know more about Social Security disability benefits. To that end, starting in the beginning of 2012 get ready for a site that will integrate the Illinois Social Security Disability Blog with socialsecuritydefenders.com and will bring with it a massive amount of resources and disability benefits related information. The resources will range from low cost housing and medical information in Illinois and Nevada to the disability benefits process and the many different types of conditions recognized by the Social Security Administration.
We are very excited about the upcoming launch of our new integrated disability website. This is the first of several posts preparing our readers for the many changes coming early next year. Otherwise, I hope everyone is having a wonderful weekend.
Social Security Disability Consultative Examination
The Social Security disability benefits process may include multiple doctor appointments scheduled by the Social Security Administration. The doctor appointments are known as Consultative Examinations (CE) and are mandatory to attend. At the application or reconsideration level, Social Security will set up a CE appointment when 1) they are unable to obtain enough medical records to come to a disability determination; or, 2) the records are somewhat ambiguous and an examination is needed to clarify an issue(s). For most claimants, going to a CE can be a horrible experience. It is not uncommon for the doctor to be rude to a claimant or even worse, fail to give a complete and thorough examination. Sometimes the examinations are not even performed by doctors whose specialty covers your particular type of condition.
CE's are performed by independent contractor physicians. While many claimants and disability lawyers take issue with how the CE process is run, it is quite rare to get the perspective of the actual examiner on the other side of the process. One of my colleagues, Colorado disability attorney Tomasz Stasiuk, recently noted a very interesting article published by a former examiner discussing the entire disability evaluation process.
Social Security Disability And Manual Submissions
The Social Security Administration has been slowly moving to an electronic management system. Few Social Security disability benefits claims are still in a paper format, also known as "paper cases." Documents can be sent to Social Security directly by using an electronic barcode. Social Security disability hearings are often being held in a different location via video conference. An electronic system has overall positively impacted the way Social Security does business by making it a more efficient Administration. However, there is still a human component to the electronic system that allows for routine errors to be made.
I have noticed ever since the Administration moved to using an electronic system that employees routinely fail to categorize documents and upload them correctly. The Social Security district offices receive hundreds of mail a day from claimants and disability lawyers and upload them into their electronic system. Once a claims representative knows that a document is in the system, he or she can be satisfied that the work is done. The problem with this rationale is that many documents have to be manually categorized in the system to be uploaded correctly. One example is the attorney forms that are needed to get "on the record" as an attorney representative for a particular matter. Whether my office sends documents via FedEx or by certified mail, just getting the documents to the Social Security district office does not insure that they were processed and labeled correctly. The documents can sit at the office for months before anyone realizes that an error was made.
Letter From ODAR
The Social Security Administration (SSA) sends claimants a number of letters and forms throughout the disability benefits process. While they often times take what seems like an eternity to respond to you, the claimant, when they send out documents they in turn expect an almost immediate response. Additionally, some of their documents can be quite confusing.
If you have applied for disability benefits and have been denied twice, you may find yourself in a position where you will need to file a Request for Hearing by Administrative Law Judge. Shortly after you file the appeal, you may receive a letter from the hearing office with the following language:
Thank you for your request for a hearing before an administrative law judge(ALJ). This letter explains the hearing process and things that you should do now to get ready for your hearing. We will mail a Notice of Hearing to you at least 20 days before the date of your hearing to tell you its time and place.
The letter confirms that the appeal has been processed and usually has a barcode attached to it that should be used to send updated records and other evidence. At my law office, we typically refer to this letter as the "20 day letter." While we call the letter from the hearing office the "20 day letter," that is somewhat of a misnomer. In fact, at least twice a week my office will get a call from a claimant stating, "I have a hearing in 20 days and need help immediately." Or, a potential client will say "I don't have an attorney and my hearing is only a few weeks away."
Potential Clients And Representation
I had a relatively brief conversation with a potential client the other day. During the phone conversation I discovered that he is currently being represented by another attorney. I believe this situation merits a very important discussion regarding speaking with an attorney when a claimant has already obtained legal representation.
In this scenario, I told the potential client that I could no longer speak to him about his Social Security disability benefits case. Clearly upset by this, the individual said, "I have spoken to another attorney before you about my case and he said that I could write a letter asking my current attorney to withdraw from my case. Why won't you even talk to me about my condition?"
I would like to spend some time this morning breaking down what happened and some rules governing already represented claimants. The claimant noted that a letter would be sent asking the attorney to withdraw from the case. POMS Section: GN 03910.040 part C states, "A claimant may revoke the appointment of a representative at any time. A revocation of appointment must be in writing and must be signed by the claimant." For more information on this rule, visit the SSA website. In other words, a claimant absolutely has the right to choose his or her representation. A claimant can fire an attorney at will or even shop around for one that will best fit his or her needs. However, the rules are much more complicated governing attorneys.
What Should I Bring With Me To My Disability Hearing
One of our readers posed the following question: "I was wondering what I should bring with me to my Social Security disability hearing, would it be better to leave everything at home or should I just bring everything I can think of with me?"
This is an excellent question that frequently gets overlooked. Most claimants wait a very long time before they finally have their day in court. The court date is the day most claimants have been waiting for to argue why they deserve disability benefits. Therefore, it is crucial to have the resources and tools readily available to paint the most accurate picture of what your physical or mental limitations are and how they could create potential hurdles for you in a work setting. Below are some things a claimant should consider:
1) If a claimant wears any kind of brace (i.e. back or neck brace, hand splints, walking boot, etc.) it should be brought to the hearing. The hearing is very informal. While a claimant may be tempted to come to the hearing in a suit in order to look professional or impress the court, leaving the brace behind does not give the judge an accurate depiction of the claimant's needs outside the courtroom.
Best October Social Security Disability Blogs
For October's "Best Social Security Disability Blogs" of the month, we listed our top 5 blogs by disability lawyers nationwide:
How do I check that status of my Social Security disability case? -Colorado lawyer Tomasz Stasiuk on his Social Security Disability Blog
What to do with a scary Administrative Law Judge? -Maine lawyer Gordon Gates on Social Security Disability Lawyer Blog
How Long Will I Receive Social Security Disability Benefits? -Indiana lawyer Scott Lewis on Indiana Social Security Disability Lawyer Blog
Social Security Disability Benefits and Obesity -Illinois disability lawyer Aaron Rifkind on Illinois Social Security Disability Blog
Why does Social Security want you to see a psychiatrist if you have a physical injury? -Georgia disability lawyer Jonathan Ginsberg on Social Security Disability Blog
Do You Know Your Social Security Disability Lawyer?
Are you applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits? Are you represented by an attorney? Do you know who your attorney is?
You would think that the answer to all of those questions is obvious. However, you would be surprised just how many claimants are unable to answer any of those questions. When considering representation for a disability claim, ask yourself the following questions:
1) Have you spoke with your attorney before?
2) Is your representative actually an attorney?
3) Does the attorney limit his or her practice to representing people with disabilities?
4) Is the attorney you speak with on a regular basis the one who will be going to court with you?
5) When is the last time you heard from your attorney?
6) Is the disability attorney handling all of your appeals or are you doing them yourself?
7) Does your disability attorney know who you are?
All of these questions should be answered if you are looking to get Social Security disability benefits, whether SSDI or SSI. Some questions may not be as important to you as others. You should however at least know the answers to those questions. The first step in any tough spot is to know your situation.
Breast Cancer Awareness Month
October is National Breast Cancer Awareness Month. Although we should always do our part to help spread breast cancer awareness, October in particular is a time where syndicated programs nationwide participate in fundraising efforts to provide free mammograms and other services. The money that is raised is spread throughout clinics and hospitals across the United States. Due to the importance of spreading Breast Cancer Awareness, this blog post will stay up for the rest of the month. For breast cancer resources, feel free to click on any of the links below:
http://www.nbcam.org/
http://www.nationalbreastcancer.org/
http://www.cdc.gov/Features/breastcancerawareness/
Image: markuso / FreeDigitalPhotos.net
Social Security Disability Benefits and Obesity
"Can I receive disability benefits for being obese and what BMI do I need to get it?"
Over a decade ago, 1999 to be exact, the Social Security Administration ("SSA") decided to get rid of Listing 9.09: Obesity. The Administration stated that the listing did not do a good job of demonstrating work limitations. My guess is that there was also an abuse in the system, which SSA tried to remedy. Instead of modifying the rule however, they decided to completely delete it.
Despite getting rid of Listing 9.09, obesity must be considered under SSR 02-1p: Policy Interpretation Ruling Titles II and XVI: Evaluation of Obesity. Most notably, obesity can determine whether: an individual has a medically determinable impairment, severe impairment, if the individual's impairment meets or equals a listing, or prevents him or her from doing past relevant work and other work that exists in significant numbers in the national economy.
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