Harrell and Harrell's Personal Injury law blog » disability

Social Security checks

admin — Mon, 27 Dec 2010 15:20:05 +0000

A quick update from our lead Social Security attorney, Mark Papa, in our Jacksonville office on the phasing out of paper checks by the Social Security Administration (SSA).

The SSA has settled on the dates when Social Security recipients will no longer be able to receive their benefits by mail.

New recipients will have to accept paperless payments starting May1, 2011, three months later than originally proposed.

Those already receiving Social Security benefits will have until March1, 2013 to make to make the switch to either direct deposit or debit card.

The SSA estimates that $1 billion will be saved over the next decade from phasing out paper checks.

The Social Security Administration will allow people who are 90 and over to continue receiving paper checks.

If we can assist you with your claim for SSD or SSI, please contact us.

Social Security Disability bonus on the way?

admin — Tue, 19 Oct 2010 13:58:30 +0000

For the second year in a row, there will be no Cost-of-Living Adjustment (COLA) to monthly Social Security and/or Supplemental Security Income Benefits. This means monthly Social Security and/or Supplemental Security Income benefits will remain the same for 2011.

Social Security and SSI benefits increase automatically each year if there is an increase in the Bureau of Labor Statistics’ Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). Bureau of Labor Statistics data determined there was no increase in the CPI-W.

To make up for no COLA, there is a push in Congress to give Social Security recipients a one-time payment of $250. We’ll let you know if this passes.

Give us a call if we can answer your social security questions. Our social security lawyers are standing by and ready to speak with you.

Radiation treatment hazards

admin — Mon, 25 Jan 2010 15:13:17 +0000

Here’s a link to a lengthy NY Times article that attorney Charlie Douglas forwarded to me. His comment to me was that it was absolutely horrifying and I would agree after reading the recent article.

With advances in modern technology comes some unknown risk but to know that the risks have been knowingly hidden from the public is flat out wrong and immoral.

Call or e-mail us with your personal injury questions. Don’t settle for less than you deserve.

www.harrellandharrell.com

Social Security decisions – what are they looking for?

admin — Fri, 08 Jan 2010 16:19:07 +0000

In an earlier blog entry, we discussed, in general terms, how Social Security’s decision makers evaluate a claim for disability and therefore how claimant’s should look at their claims as well. The question then becomes, what evidence do I need to prove my claim and to prove what I am saying is true and/or credible. The allegations of disability need to be in line with the medical evidence.

Social Security divides evidence into two categories: “acceptable medical sources” ; and “other sources” , which include medical sources that are not “acceptable medical sources.”

Under Social Security regulations, “acceptable medical sources” are:

Licensed physicians (medical or osteopathic doctors);
Licensed or certified psychologists;
Licensed optometrists;
Licensed podiatrist; and
Qualified speech-language pathologists.

Under Social Security regulations, “other sources” include:

Medical sources who are not “acceptable medical sources, ” such as nurse practitioners, physician assistants, licensed clinical social workers, naturopaths, chiropractors, audiologists, and therapists;
Educational personnel, such as school teachers, counselors, daycare workers;
Public and private social welfare agency personnel, rehabilitation counselors; and
Spouses, parents and other caregivers, siblings, other relatives, friends, neighbors, clergy, employers.

The distinction to be made here is that only “acceptable medical sources” can establish the existence of an impairment; only “acceptable medical sources” can give medical opinions; and only “acceptable medical sources” can be considered treating sources, whose medical opinions would be entitled to controlling weight or a certain level of deference. In other words, “acceptable medical sources” is what Social Security hangs it’s hat on in approving a claim. Social security would not approve a claim, for example, based solely on a claimant’s testimony and evidence from non “acceptable medical source” such as a chiropractor. However, evidence from “other sources” is still important to paint an entire picture when used in conjunction with “acceptable medical sources.”

Call one of our Social Security attorneys with any questions you may have. We are glad to answer your questions or set up a convenient free consultation at one of our Jacksonville offices.

Compassionate allowances – Schizophrenia

admin — Mon, 28 Dec 2009 16:28:23 +0000

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!

www.harrellandharrell.com

Disability claims rise dramatically

admin — Thu, 17 Dec 2009 17:07:25 +0000

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.

www.harrellandharrell.com

Are you disabled?

admin — Mon, 14 Dec 2009 18:53:57 +0000

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 . . .

www.harrellandharrell.com

Improving access to benefits for Wounded Warriors

admin — Wed, 02 Dec 2009 16:58:03 +0000

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

Expecting an increase In Social Security benefits?

admin — Wed, 02 Dec 2009 14:47:53 +0000

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.

Need to apply for Social Security?

admin — Mon, 23 Nov 2009 21:57:44 +0000

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/