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Posts Tagged Social Security

Great news from Social Security

Mar 2

Posted by admin in Social Security Denial | Comments off

Read the latest press release from Social Security regarding the reduction in the backlog of claims:

Michael J. Astrue, Commissioner of Social Security, today announced that the number of disability hearings pending stands at 697,437 cases — the lowest level since June 2005 and down more than 71,000 cases since December 2008, when the trend of month-by-month reductions began. In addition, the average processing time for hearing decisions has decreased to 442 days, down from a high of 514 days at the end of fiscal year (FY) 2008.

“We have decreased the number of hearings pending by almost 10 percent over the last 14 months and cut the time it takes to make a decision by nearly two and a half months. This remarkable progress shows our backlog reduction plan is working,” Commissioner Astrue said. “With ongoing support from the President and Congress as well as the efforts of our hardworking employees, I am confident the hearings backlog will continue to diminish.”

Social Security has actively addressed the hearings backlog and increased the capacity to hold more hearings. The agency hired 147 Administrative Law Judges (ALJs) and over 1,000 support staff in FY 2009, and has plans to hire an additional 226 ALJs this year. The agency now has four National Hearing Centers to help process hearings by video conference for the most hard-hit areas of the country. The agency also has aggressive plans to open 14 new hearing offices and three satellite offices by the end of the year. The first of these offices was opened in Anchorage, Alaska on February 19, 2010.

 Hopefully the backlogs will continue to decrease for those applying for social security benefits. If we can assist you, give us a call or visit our website.

www.harrellandharrell.com

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Social Security Update

Feb 24

Posted by admin in Social Security Denial | Comments off

UPDATE – President Obama signed this into law on 2/27/10.

Attorney Mark Papa from our Jacksonville office shared this bit of breaking news with me. Sounds like good news for Social Security Applicants.

 
The Social Security Disability Applicants’ Access to Professional Representation Act of 2010 is expected to be signed into law by President Obama by the end of this week.  This will allow those who are denied Supplemental Security Income (“SSI”) benefits in the future to find an attorney to represent them in their claim.
 
Prior to the Social Security Protection Act of 2004 (“SSPA”), there was no attorney fee withholding provision for SSI claims, the consequence being that very few attorneys would agree to represent SSI claimants.  SSPA included a provision whereby attorney fees would be withheld and paid directly in SSI cases.  This provision in the SSPA is scheduled to “sunset” on March 1, 2010.
 
The signing into law of the Social Security Disability Applicant’s Access to Professional Representation Act of 2010 will ensure that SSI claimant’s who have been denied will continue to find attorney representation before the Social Security Administration.
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More money for Social Security

Feb 1

Posted by admin in Disability Denial, Personal Injury, Social Security Denial, Veteran's Affairs | Comments off

The Social Security Administration received a 10% increase in fiscal year 2010 over the fiscal year 2009 appropriation.  Part of this increase is intended for hiring 226 new Administrative Law Judges, 950 support staff, 60 hearing office managers, and additional staff for the Appeals Council.
 
What this means, hopefully, for Social Security Disability Claimants is less waiting for their claims to make it to hearing.  In a previous post, we stated that it was taking the Jacksonville Hearing office approximately 15 months to schedule a hearing after a Request for Hearing is filed.  We hope some of those resources make it to the Jacksonville Hearing office.
Give us a call at 251-1111 or visit our website to answer any of your Social Security benefits questions.
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Social Security benefits denied?

Jan 25

Posted by admin in Disability Denial, Social Security Denial | Comments off

Remember that there are time limits that you must adhere to in order for an attorney to be able help you get the benefits you are entitled to from Social Security.

Call us for your free consultation or just to have your questions answered over the phone. You can also submit your questions through our website if you prefer. One our our social security attorneys would be glad to speak with you. Don’t be shy – call before it’s too late!

www.harrellandharrell.com

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Social Security decisions – what are they looking for?

Jan 8

Posted by admin in Disability Denial, Personal Injury, Social Security Denial, Workers' Compensation | Comments off

 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.
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Compassionate allowances – Schizophrenia

Dec 28

Posted by admin in Disability Denial, General Law, Social Security Denial, Veteran's Affairs | Comments off

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

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Disability claims rise dramatically

Dec 17

Posted by admin in Auto Accidents, Disability Denial, General Law, Personal Injury, Social Security Denial, Traumatic Brain Injury, Truck Accidents, Veteran's Affairs, Workers' Compensation | Comments off

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

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Are you disabled?

Dec 14

Posted by admin in Disability Denial, General Law, Personal Injury, Social Security Denial, Workers' Compensation | Comments off

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

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Improving access to benefits for Wounded Warriors

Dec 2

Posted by admin in Disability Denial, General Law, Social Security Denial, Veteran's Affairs | Comments off

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?

Dec 2

Posted by admin in Disability Denial, General Law, Personal Injury, Social Security Denial, Workers' Compensation | Comments off

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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