Wishing everyone a safe, happy and prosperous New Year. Many thanks to all of our clients for giving us the opportunity to serve them. We wish only the best to all of you.
Be careful throughout the holiday and remember to not drink and drive.
Archive for December, 2009
Happy New Year
Dec 31
Here’s the latest press release from the SSA concerning mental health disabilities like schizophrenia. They are continuing to have public hearings to determine the best way to include this devastating mental illness under the compassionate allowances umbrella.
If you have any questions concerning Social Security benefits please feel free to contact one of our Social Security attorneys for your free consultation. We are able to serve all of the Jacksonville area and our surrounding North Florida and Southeast Georgia communities.
Happy New Year!
Big traffic accident
Dec 22
Two semi trucks collided while travelling south on Interstate 95 this morning leaving one of the drivers dead. The truck accident happened just south of the St John’s County / Flagler County line. Traffic is a mess on 95 and on US 1 near 95. Only reason I know about the traffic is that my wife is stuck in it trying to get down to Orlando.
Our thoughts and prayers are with the truck driver and his/her family. Just a reminder of how quickly our lives can change. Please be careful on the roads as everyone starts to travel to family and friends for the holidays.
Kudos to Mark Papa, a social security attorney who works for Harrell & Harrell in our Mandarin/Southside office, for feeding me with great blog information regarding the SSA and your Social Security benefits.
The article by Senior Editor Jason White at msnbc.com sums it up very nicely. Aging baby boomers and the struggling economy are driving up Social Security claims to staggering levels. According to Jason’s statistics he quotes from the SSA, new claims for disability benefits rose nearly 17 percent in fiscal year 2009 and disability filings are projected to rise another 10 percent in fiscal 2010. Add that to the already 12 million Americans who receive disability benefits at a total cost of $161 billion in fiscal 2009.
Wow!
Read the article because Jason sums it up better than I ever could and then call Mark Papa at (904)251-1111 to schedule your free consultation. If you are outside of the Jacksonville area, feel free to use our toll free number or submit your information on our “Do I Have a Case” form.
The Silent Season
Dec 16
We’re very excited about an extraordinary documentary we had the opportunity to be involved with that chronicles the recent football season of the Red Dragons from the Florida School for the Deaf and the Blind. It is a remarkable story of a team that plays the game of football in complete silence.
As the sponsor of closed captioning for the hearing impaired on all local newscasts over the past 3 years, we felt this was a natural extension of our community involvement efforts.
“The Silent Season” airs Friday, December 18 at 8 pm on WTLV/NBC12 with no commercial interruptions because Harrell & Harrell agreed to be the sole underwriter.
Please watch “The Silent Season.” We believe you’ll be as inspired by these exceptional students as we are.
http://www.harrellandharrell.com
Are you disabled?
Dec 14
Here’s some input by one of our experienced social security attorneys, Mark Papa.
I’m often asked whether one can be approved for disability if they have (insert the name of the condition or diagnosis). The answer is always “maybe”.
Social Security has deemed some conditions so severe that a person with that particular condition or has a condition that “equals” that condition, would automatically be found disabled. These “automatically disabling” conditions are referred to as “The Listings”. For example, in order for a person with diabetes mellitus to meet a listing he or she must show diabetes mellitus with “neuropathy demonstrated by signficant and persistent disorganization of motor function in two extremities resulting in sustained disturbance of gross and dextrous movements, or gait and station” or “acidosis occurring at least on the average of once every 2 months documented by appropriate chemical tests” or “retinitis proliferans” evaluated under the listings for visual impairment.
Social Security, by design, makes it very difficult to meet a listing. For most, the severity of a particular condition will not meet a listing and he or she must be able to prove disability by other means. This will involve having to show what a person can still do or what that person cannot do given his or her condition. It’s not the diagnosis that is important, but the effect that condition has on that person. Stating that you have diabetes (or whatever other condition) does not tell us much. Presumably, there is a person out there who is able to work despite having the same diagnosis. So the question is, what makes you different? Is it as severe as the listing or something less?
Assuming your condition does not meet or equal a listing and in thinking about how to prove your claim, think in terms of what your condition allows or prevents you from doing: How long can I sit, stand, and walk at one time? How long can I sit, stand, and walk over the course of an eight hour work day? How much can I lift and carry? Will my condition allow me to work on a regular and consistent basis? Or will I be missing work frequently? Is my concentration and focus affected? etc.
I’m of the opinion that most conditions, if not all, are potentially disabling. If you have been denied Social Security benefits. . . . call us . . .
Amputation hazards always catch my attention, too. I just wanted to quickly share this recall information from the Consumer Product Safety Commission (CPSC) that was issued yesterday.
Wintertime is a good time to do the heavy duty yard work because the grass isn’t growing a foot a week like it did here in Jacksonville this summer. Plus it’s nowhere near as hot and humid. Do you have a dead tree in the yard? Have you been wanting to pull out the old chain saw and bring that tree to the ground before it lands on you, your house or the neighbor’s house? Have you ever considered buying or renting a log splitter? As with any piece of power equipment, extra precaution and forethought is always a good idea when everything is working right. What happens when it breaks or has a hidden design defect?
Recalled product
This particular log splitter has a potential defect that could cause amputation of a finger, limb or even death.
Contact one of the experienced trial attorneys at Harrell and Harrell if you were injured by a faulty product or even if you just have questions.
Be safe and enjoy the holidays!
Having worked in the personal injury field for close to 15 years, I wind up paying much more attention to potential hazards whether it be driving in Jacksonville traffic, going out to eat at a local restaurant or just doing some shopping. I have heard about every type of accidental injury story you can think of – some are much more believable than others. People need to be reminded of the need for taking that extra few seconds to make sure what they are about to do won’t result in an accident.
I ran across this Reuters news story this morning which reports that Florida is the most dangerous state for pedestrians. Guess what – Jacksonville and it’s many surrounding communities are ranked in the top four in the state.
I know I don’t want to be one of those accident statistics and assume neither do you. Obviously everyone needs to always look out for themselves but let’s not forget to look out for others. If you see a dangerous situation develop, be proactive by slowing down and warning others of the potential hazard. Next time it might be you trying to cross the street.
How many times have you told a business owner of a spill on the floor, straightened that rug at the entrance of your local grocery store, or picked up an item that fell on the floor? If you do it more often, so will others.
Enjoy the holidays and be careful!
Everyone has probably heard the term Wounded Warriors but do you know what it means or who qualifies? Typically it is referring to those members and veterans of the US Armed Forces who were injured or became ill while on active duty since 2001 in the wars in Iraq or Afghanistan.
In 2007, the Social Security Administration (SSA) increased its efforts to serve our Wounded Warriors. For those of us that have served or are serving, we have all seen the signs at the Exchange/PX saying personnel in uniform have head of the line privileges, well that is what the SSA program equates to according to a newsletter written by the NOSSCR. It’s a long article and I could not find an electronic version of it but I will take the liberty of using some of their “bullet” points.
First of all a Wounded Warrior needs to be identified in the SSA system which can occur in two ways – through self-identification on the application or through weekly electronic updates from the DOD. Once identified in the system, SSA uses the “critical case/TERI” expedited process to adjudicate the Wounded Warrior claims as summarized below.
- if the claim comes through the SSA 800 number, an interview must be scheduled at an SSA field office within 3 working days.
-once the application is sent to the DDS, the filed office must follow up with the DDS within 7 days to ensure receipt. DDS or Disability Determination Services is a state agency that determines disability.
-DDS staff must prioritize the case for adjudication and explore all potential physical and mental impairments, including suggestive signs of post-traumatic stress disorder (PTSD).
-at the hearing level, cases are to be scheduled in the first available open hearing slots.
The NOSSCR Social Security Forum newsletter contains a lot more information describing other problems and delays and how the SSA, DOD and VA are working on improving the processes involved.
If you know a Wounded Warrior, first of all thank them for their service and if they need help give them a hand. We would be glad to speak with them about any Social Security Benefits for which they may be entitled.
Our team of experienced lawyers and staff of the Harrell and Harrell law firm is proud to serve the many veterans in Jacksonville and surrounding communities of North Florida.
As the saying goes….maybe next year!
Announced in the end of October, there will be no cost-of-living adjustment (COLA) this year for Social Security Disability recipients or Supplemental Security Income recipients. This was announced in the Federal Register at 74 Fed. Reg. 55614.
There was a 5.8% COLA from 2008 to 2009, the largest increase since 1982. The COLA is determined by comparing the change in the Consumer Price Index (CPI-W) from the third quarter of 2008 to the third quarter of 2009. There was no increase in CPI-W. Therefore, SSD and SSI benefits will not change for 2010.
If you have any questions about Social Security benefits you already receive or you just want to know how to apply for disability, please contact us. Our experienced, courteous and knowledgeable team of lawyers and their staff will be glad to assist you.