Harrell and Harrell's Personal Injury law blog » SSD

Where’s my check?

admin — Tue, 15 Jun 2010 15:40:28 +0000

Social Security to Phase Out Paper Checks.

The Treasury Department announced that Social Security will stop issuing paper checks on March 1, 2013, at which point all payments will be made electronically. New enrollees to Social Security programs, including Social Security Disability and Supplemental Security Income, will no longer be able to receive benefits via paper checks beginning March 1 2011. Existing beneficiaries will have until March 1, 2013 to switch. After March 1, 2013, all Social Security payments will be deposited electronically to a person’s bank account or to a beneficiary’s government issued debit card.

It is estimated that this switch will save the Federal Government $300 million over the first five years and $125 million each following year. It now costs $1 overall to cut and mail a check and only 10 cents for a direct deposit. The Treasury Department issues more than 135 million benefit checks annually.

If you have any questions please contact Attorney Mark Papa in our Jacksonville, FL office.

SOCIAL SECURITY – SPECIAL HANDLING FOR “CRITICAL CASES”

admin — Fri, 07 May 2010 19:38:56 +0000

The Office of Disability Adjudication and Review (ODAR) designates certain cases for “special expedited processing.” These are deemed “critical cases.” Currently, ODAR recognizes five situations warranting the use of expedited claims handling:

(1) Where the claimant’s illness is terminal. These are known as TERI cases.

(2) Where the disability claim involves a military service personnel injured October 1, 2001 or later, regardless of how or where the disability occurred, whether in the United States or on foreign soil, provided the claimant was on active duty when the injury occurred. This is known as an MSCC (Military Service Casualty Case).

(3) Where the claim is flagged as a Compassionate Allowance case. The Social Security Administration maintains a list of impairments that qualify as a “compassionate allowance.”

(4) Where the claimant is without and is unable to obtain food, medicine, or shelter. These are known as DIRE NEED cases. A dire need exists when a person has insufficient income or resources to meet an immediate threat to health or safety, such as the lack of food, clothing, shelter or medical care. The circumstances defining the ”dire need” situation must be specifically alleged.

(5) Where there is an indication that the claimant is suicidal or homicidal.

If you have been denied Social Security Disability and/or Supplemental Security Income (SSI) benefits, please contact us to discuss your claim.

Social Security Disability and Unemployment Benefits

admin — Mon, 26 Apr 2010 17:44:49 +0000

Thanks to Attorney Mark Papa for this recent submission for our blog.

A common scenario in my practice goes like this: Client applies for Social Security Disability benefits and is turned down and knowing that there is a high likelihood of another turn down and a long wait (over a year) before a hearing and with no income, the client applies for and begins receiving unemployment benefits. How does the application and receipt of unemployment benefits affect the Social Security Disability claim?

The most significant impact goes to the credibility of the claimant. On the one hand, when applying for Social Security Disability, the statement being made is “I am disabled and unable to work.” On the other hand, when applying for unemployment benefits, the statement being made is “I am able to work and am available to work, I just have not been able to find a job.” Which statement will the social security judge believe?

The social security judge is not bound by the decisions of another governmental agency, however, that decision must be considered. On the one hand, if an application for unemployment benefits is denied because of inability to work, it can be used to show the inability to work. If the unemployment claim is approved, then that may be used as evidence of the ability to work. There is nothing, however, that prevents the receipt of Social Security Disability benefits due to receipt of unemployment benefits.

The bottom line is, having a claim for Social Security Disability benefits while receiving unemployment benefits (and vice versa) raises a red flag and, more likely than not, will have to be explained.

Please call Harrell and Harrell or visit us on the web to discuss your Social Security Disability denial.

800-251-1111

Jacksonville Social Security Claims

admin — Tue, 20 Apr 2010 13:32:17 +0000

Thanks to our attorney Mark Papa for finding some interesting statistics regarding the Jacksonville, Florida Office of Disability Adjudication and Review:

Through January 2010 in Fiscal Year 2010 (which began October 2009), the Jacksonville hearing office received a net of 1905 new cases and closed 2295 in the same time period. As of January 2010, 7826 cases were pending in the Jacksonville hearing office.

Also, on average, each Jacksonville Administrative Law Judge closed 2.31 cases per day. This ranked 77 out of 143 hearing offices nationwide. The highest average was Harrisburg, PA at 3.77 cases per judge per day. The lowest average was Miami at 1.30 cases per judge per day.

These and other statistics can be found at www.ssa.gov/appeals/publicusefiles.html

Please contact Mark or his staff for assistance with your recent Social Security denial. Mark also informs me that he has had some great success with a large number of Georgia Social Security claims. I’d let you know his success rate bit I don’t want to jinx his success.

Social Security Hearing on TV

admin — Fri, 09 Apr 2010 16:00:12 +0000

Over the last year or so, the Social Security Administration began conducting disability hearings using Video Teleconferencing (VTC) with greater frequency in an effort to move cases through the system quicker. In these hearings, the claimant may be in one location, the Judge in another location, and any witnesses in another. The claimant sees and hears the Judge and other parties on “TV” and “talks” to the “TV” when testifying.

While VTC may be appropriate in some cases, they are not advisable in all cases. For example, some claimants may simply not feel comfortable with this type of setting or as a matter of strategy, a face to face/in person hearing is felt to be critical in presenting the case.

Claimants have an absolute right to refuse to appear by VTC and make their appearance before the Administrative Law Judge (ALJ) in person. Pursuant to 20 CFR 404.936(e) and 416.1436(e) a claimant’s wish not to appear by VTC will be found to constitute good reason for changing the time or place of the scheduled hearing and the hearing will be rescheduled for a time and place at which the claimant may appear in person.

We strongly encourage Social Security Disability and/or Supplemental Security Income claimants to consult with an attorney with any questions regarding their denied claims.

Great news from Social Security

admin — Tue, 02 Mar 2010 21:43:06 +0000

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

Social Security Update

admin — Wed, 24 Feb 2010 14:57:57 +0000

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.

Social Security benefits denied?

admin — Mon, 25 Jan 2010 15:32:16 +0000

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

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!