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Posts Tagged SSD

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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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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Need to apply for Social Security?

Nov 23

Posted by admin in Auto Accidents, Boating Accidents, Disability Denial, General Law, Personal Injury, Social Security Denial | Comments off

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

Nov 23

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

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?

Nov 16

Posted by admin in Auto Accidents, Disability Denial, General Law, Personal Injury, Social Security Denial | Comments off

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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