Posted on November 22, 2009 in Social Security Disability

In September, I wrote a blog post entitled, "The Terrifying Backlog at ODAR." In that post, I briefly discussed SSA's plan to reorganize the ODAR headquarters to reduce the enormous backlog of Social Security disability cases in the pipeline. The backlog was mind boggling with some areas of the United States having to wait almost 700 days on average for a disability hearing. The Deputy Commissioner stated that the backlog is as big as it is because we're both in a recession and there is a high viability of baby boomers being prone to disability. The question I have is what cases actually constitute as part of the backlog and not simply pending cases and more specifically, are the numbers that ODAR released accurate or are they much larger than anticipated?

To understand my question, it is important to know how ODAR determines what cases are part of their backlog. ODAR calculates their backlog by taking the total number of pending cases in their system and subtracting the optimal number of pending cases. The total number of pending cases is all the cases in the system that are awaiting a hearing, a claimant's day in court. The optimal number of pending cases is somewhat more complex to determine.

Continue Reading ››

 Posted on November 18, 2009 in Social Security Disability

Systemic lupus erythematosus (SLE), commonly referred to as lupus, is an irregular and unpredictable disease that can affect any part of the body. In my previous post, I discussed the wide range of symptoms that can signal that someone has lupus. As one of my readers accurately pointed out, I failed to mention which of those symptoms would qualify an individual as disabled by SSA and thus eligible for Social Security disability benefits. Since lupus takes many forms and results in a wide array conditions, that is a somewhat difficult question to answer. However, below is a review of what SSA will look for when evaluating your lupus claim.

Lupus is a disease that falls under the Immune System Disorders category of SSA's Listing of Impairments. The Listing contains the different criteria for various medical conditions and diseases in order to be considered as disabled. Although meeting a listing can boost your disability claim, it should be noted that failing to meet the criteria under the listing does not necessarily result in the denial of your claim.

Continue Reading ››

 Posted on November 15, 2009 in Social Security Disability

Systemic lupus erythematosus (SLE), commonly referred to as lupus, is a chronic autoimmune connective tissue disease that can perturb any part of the body. The disease is often irregular, alternating between periods of illness and remission and can be completely unpredictable. Not only is the illness unpredictable, but so are the symptoms. Unlike many diseases that come with specific warnings of contraction, signs of lupus can be as simple as unusual fatigue, pain in the joints, or a fever. Yet, while some signs are fairly ordinary, others can have an immediate disabling impact on the individual. Although there are numerous treatments for the disease, currently there is no cure for lupus.

Recently, while reading the latest post on Tomasz Stasiuk's Colorado Social Security Law Blog I came across a video on the blog sponsored by the S.L.E. Lupus Foundation that really delves into the lives of several individuals with lupus. I learned a lot from the video and wanted to share it with you.

Continue Reading ››

 Posted on November 11, 2009 in Social Security Disability

The Social Security Administration (SSA) has a very structured method of determining whether someone is disabled. SSA will find an individual disabled if he or she meets the five step Social Security disability evaluation process. The five step Social Security disability process includes: (1) Are you performing substantial gainful activity; (2) Is your condition severe; (3) Does your condition meet or exceed a listed impairment; (4) Can you do previous work; and (5) What work can you do? If someone meets all five of the steps of the evaluation process, then that person will be adjudicated as disabled and accordingly receive disability benefits. For someone with low vision or macular degeneration for example, that person would need to meet the five step standard in order to be classified as disabled. However, the Social Security disability program for blind claimants is unique and has somewhat different rules then the regular program.

The rules for being considered blind by SSA are somewhat different from the regular five step process. For SSA to find someone blind, that person would have to meet the medical definition of blindness, durational requirement, be insured, and to not have obtained their loss of vision through certain felony related impairments.

Continue Reading ››

 Posted on November 08, 2009 in Social Security Disability

I drove passed a middle school near my home in Chicago a few days ago and from a distance witnessed what appeared to be two boys picking on a young girl who had her leg in a caste in the school playground area. When I arrived home, I reminisced my childhood middle school years and really wondered how much different it would have been had I had some form of a disability. I thought it was easy to get picked on as a middle schooler even if you were perfectly healthy.

It turns out that over 8/10 disabled children face bullying and different forms of intimidation. In fact, a survey by Mencap of over 500 children with learning disabilities across the United Kingdom revealed that 58% had been physically hurt by bullies. Many of those injured by bullying have been hurt repeatedly for up to three years.

I completely agree with the article Eight Out of Ten Disabled Children Bullied and its call to action from global governments to recognize bullying as a serious form of prejudice. The author of the article, Anthea Lipsett, points out that the government should "be producing guidance for schools, children's service and youth organizations on how to tackle disabled bullying." In other words, next time I drive by the middle school near my home, I could only hope that there is a program in place to educate, control, and hopefully prevent such bullying activity.

Continue Reading ››

 Posted on November 03, 2009 in Social Security Disability

"Social Security is going to run out in the next twenty years." "Social Security is the biggest ponzi scheme ever created." "Social Security is something no one needs to think about since it doesn't really affect us."

Chances are, most of you have heard of at least one of these statements in your lifetime. In fact, you probably agree with at least some of those overly broad statements. Regardless of what any of your views are, one thing is clear, whether you like it or not 6.2% of every paycheck you receive while working will go directly into the OASDI program. Over time, the amount that is taken out of your paychecks add up to thousands of dollars. Especially in a prolonged recession, because so much money is at stake it is imperative that we pay attention to what our money is going into. Like any major investment, everyone should know what they are investing in and what the estimated end result will be. This article will answer what a Social Security Statement is, who can receive it, what the Social Security Administration (SSA) says about it, and specifically, what you should not forget to think about when reviewing your Statement.

Continue Reading ››

 Posted on November 01, 2009 in Social Security Disability

Any way you look at it, Halloween is one of the most exciting days of the year for a child. Children become heroes and villains, princes and princesses, or any other thing or person that they desire. They then run amok, visiting numerous houses seeking what almost all kids desire, candy. Regardless of one's race, sex, or religion Halloween is a day that every child looks forward to. For this reason, it is imperative that everyone is included on this special day, which can sometimes feel difficult if your child has some form of a disability.

Yesterday, I read a very useful article on this subject by Jessica McFarlane, entitled Halloween Activities For Children With Disabilities. In her article, McFarlane points out that your disabled child does not need to feel left out on Halloween. McFarlane states that as a parent, there are several different ways you can make Halloween more fun for your child including:

1. Visit a mall during Trick or Treat hours with your child as most malls are accessible to everyone.

Continue Reading ››

 Posted on October 28, 2009 in Social Security Disability

For the very first Best Social Security Disability Blogs of the month, there was a lot of competition in the month of October to make it to the Top 6. There were several new blogs created this month and lots of new faces in the world of legal blogging. My favorite October blogs were:

Addison's Disease and Social Security Disability -Dallas lawyer Bob Kraft on the firm's P.I.S.S.D. Blog

How Does Social Security Figure Out What You Should Pay Your Disability Attorney -Tim Moore on My Disability Blog

Onset Date Language For Medical Source Statements -Maine lawyer Gordon Gates on Social Security Disability Lawyer Blog

Social Security Told Me Not To Bother Appealing My Disability Case -Colorado lawyer Tomasz Stasiuk on the Social Security Insider Blog

What Is The Five Step Social Security Disability Evaluation Process? -Jonathan L. Pearson on Social Security Blog

The WRONG Answers To The Question: Why Can't You Work -Atlanta lawyer Jonathan Ginsberg on his Social Security Disability Blog

Continue Reading ››

 Posted on October 25, 2009 in Social Security Disability

I have received several email inquiries and online informational requests from people who have read my "Don't Forget Your Ticket To Work" article requesting help obtaining meaningful and fulfilling employment. Due to some confusion, I wanted to clarify some key points about the Ticket to Work program.