Archive for category Disability Denial

Improving access to benefits for Wounded Warriors

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.

www.harrellandharrell.com

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Expecting an increase In Social Security benefits?

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.

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Need to apply for Social Security?

Start now because it may take a while. The government does try to make it easy to get the ball rolling whether it be for disability or retirement. Check out the link at the end of the post to apply online.

If you are denied for disability benefits for whatever reason, contact us , within sixty days of the denial letter’s date or you may have to start the process again.  Jacksonville handles most of the claims for the North Florida area.

If you have any questions at all, feel free to call the personal injury lawyers at Harrell and Harrell, PA .

Here’s the link to apply online:

http://www.ssa.gov/applyfordisability/

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Social Security Hearing

Adding to my 11/16/09 post regarding Social Security Disability cases in the North Florida area – one of our Social Security Attorneys, Mark Papa, just forwarded me some interesting statistics regarding Social Security cases handled by the Jacksonville Office of Disability Adjudication and Review (ODAR).  

At least we don’t live in Detroit is all I can say. Here are the stats:

The most recent National Ranking Report ranks the Jacksonville Office of Disability Adjudication and Review (Jacksonville hearing office) 75th out of 142 hearing offices in the length of time it takes a claim to be heard.  It takes Jacksonville ODAR 462 days or approximately 15 months to get to hearing from the time a Request for Hearing is filed.

 

The San Juan, Puerto Rico hearing office is ranked number 1 and takes the least amount of time at 272 days and the Harrisburg, Pennsylvania hearing office is ranked number 2 at 278 days.  Detroit, Michigan and Fort Wayne, Indiana hearing offices are ranked second to last and last at 703 days and 704 days respectively.

 

The highest ranked Florida hearing office is Ft. Lauderdale, ranked 48th at 414 days.

 

In addition to the two Jacksonville Social Security Field Offices, Jacksonville ODAR also services the following field offices: Daytona Beach, Deland, Lake City, Marianna, Palatka, Panama City, Quincy, St. Augustine, and Tallahassee.  If your claim was filed in one of these offices and you have not moved, your claim will be heard by a Social Security Judge from the Jacksonville hearing office.

Don’t add to the delay – Call (800)251-1111 and speak with our outstanding team in the Social Security Department at the personal injury law firm of Harrell & Harrell or feel free to submit your confidential inquiry  on our website. Either way, we look forward to assisting you.

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Denied for Social Security Benefits?

According to a recent report by the Social Security Disability Insurance Program, applicants are much more likely to get approved if they get their case in front of a judge. Hearings before a judge can take a long time so we urge you to contact us just as soon as you get your denial letter. Attorney Mark Papa will be glad to speak with you about your claim.

Here is a summary of the report released in July of this year:

The most recent Annual Statistical Report of the Social Security Disability Insurance Program released in July 2009 shows that 1,542,257 claims for Social Security Disability and/or Supplemental Security Income Claims were filed in 2007.  Of those 1,542,257 claims, only 36.5% or 562,460 were allowed at the initial application stage.
 
Of the 979,797 claims denied at the initial application stage, an appeal to the reconsideration level was filed in less than half of the initial denials (470,616).  Of the reconsideration appeals filed, only 10.6% or 50,010, were approved.
 
Compare the above statistics with those claims that reached the hearing level or above.  Of the reconsideration denials, an appeal to the hearing level was filed in only 11% or 46,513 of claims.  However, of the claims that made it to the hearing level or above, 81.5% were approved.
 
These statistics suggest that for most Social Security Disability and/or Supplemental Security Income applicants, the best chance for winning a claim is at the hearing level, before a Social Security Judge.  In most jurisdictions, it takes a very long time to get to hearing.  However, as these statistics show, once there, the chances of winning the claim rise dramatically.
 
The Social Security Administration will release updated statistics in July 2010.
Let the team of local Social Security and Personal Injury Attorneys at Harrell & Harrell assist you with all your injury-related claims.
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Welcome

Thank you for visiting Harrell and Harrell‘s Personal Injury law blog. It’s no secret that personal injury law is complex territory, and it takes significant work to know the constantly changing subtleties of law so we can protect our clients. As a firm, our lawyers and paralegals all remain thoroughly educated by reading the latest legal decisions, law publications and blogs, as well as communicating with the best attorneys from around the country to stay up to date with legal trends in other states.

We have always been proud to serve our clients and to be a resource to other great attorneys. As we begin our venture into blogging, we hope to be able to be a resource to our readers, and encourage you to send us your questions. Although we cannot give advice on this blog specific to your legal case, we can shed light on how the law works in many situations, and we’re happy to help in any way we can.

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