A witness from the RAND Corp. made the case that whether or not an SSD application would be approved varies broadly from examiner to examiner. RAND provided its own statistics to the subcommittee, including an assertion that at the initial determination stage of applications, up to 60 percent of SSDI claimants could have gotten different outcomes with different initial examiners.
]]> The RAND representative stated further that although the "first examiner" effect is diluted by the high reversal rate, even after taking into consideration the appellate reversals, perhaps 23 percent of claimants may have ended up with different decisions if they had had different initial examiners.This is problematic for truly disabled applicants, the witness asserted, because the appellate process can take up to two years.
Another witness from Health & Disability Advocates in Chicago asked for higher congressional funding for the SSD application process, specifically to pay for better training and resources for employees handling claims, expedited help for severely disabled claimants, higher employee pay and more assistance to those filing applications.
Finally, the subcommittee heard from the Social Security Administration Commissioner Michael Astrue who said that SSA is looking at how technology might make examiners more efficient. Commissioner Astrue also testified about quality improvement efforts.
Source: LifeHealthPro.com, "RAND Analyst: Some SSDI Examiners Are Easy Graders," Allison Bell, March 20, 2012
]]>A TBI disrupts normal brain functioning, and is frequently caused by a blow or jolt to the head. Every year 1.7 million people experience a TBI, and 52,000 will die as a result. Included within the category of TBI are concussions and other mild traumatic brain injuries.
]]> The main causes of TBIs are falls, motor vehicle accidents, workplace injuries and assaults. Although it may only take an instant for a TBI to occur, it may result in a lifetime of physical and cognitive challenges.Individuals who sustain brain injuries may require a variety of medical interventions and therapies tailored to their specific situation. These include hospital-based rehab and day treatment programs. Many will need ongoing treatment throughout their lives.
A brain injury may result in an individual having difficulty with speech, vision or coordination. These effects may make it challenging for someone who has sustained a brain injury to continue to work.
If you are unable to work due to a brain injury you may qualify for disability benefits. A disability applicant may choose to seek legal guidance to determine what actions they should take based on his or her unique situation.
Source: Brain Injury Association, Brain Injury Awareness Month 2012
]]>February is designated as American Heart Month, which serves to bring awareness to health concerns related to the heart. The Centers for Disease Control and Prevention (CDC) also is working in conjunction with other government agencies on the Million Hearts program. This initiative seeks to prevent a million strokes and heart attacks in the coming five years by educating people about healthy choices and improving treatment and care of cardiovascular diseases.
]]> Heart Disease and DisabilityHeart and circulatory conditions may result in a variety of physical challenges, like shortness of breath, fatigue and chest pain, which make it difficult or impossible for a person to hold a job. Diseases that may lead to disabilities include coronary artery disease, ischemic heart disease and peripheral artery disease.
If you are unable to be employed due to a heart condition you may qualify for Social Security Disability (SSDI). An attorney can assist you in obtaining evidence like cardiograms and stress tests to demonstrate the seriousness of your condition to the Social Security Administration, and help you obtain any benefits you qualify for.
Source: CDC, Be One in a Million this American Heart Month
]]>We are taking steps to combat this serious trend. First of all, we carefully screen our cases to represent people who have severe, documented disabilities. Second, we inform our clients of local resources that are available for help, including The Department of Assistive Rehabilitation Services (DARS). Finally, we research the law and medical literature to present the best possible case for our clients.
Perhaps just as important as developing the case before the hearing is the work we do afterwards. We dedicate a large part of our practice to appellate work, taking cases to the Appeals Council and presenting detailed briefs on our clients' behalf. Further, we have dedicated attorneys practicing in the Federal Courts, presenting arguments in support of our clients' claims. We are admitted into all Federal Courts in Texas, New Mexico, and Colorado. We also have cases in the Federal Courts in Oklahoma, Louisiana, Arkansas, Indiana, and California.
Next time you hear that more and more people are getting disability, just remember: you're only hearing one side of the story. The fact remains that proportionally, fewer people are receiving disability than before, and disability law firms like ours are fighting this trend with every legal tool available.
[1] http://www.ssa.gov/policy/docs/statcomps/supplement/2011/6c.html
]]>The successful challenge to the policy of the Social Security Administration may have an extensive impact. Potentially tens of thousands of individuals could now be eligible for benefits, according to National Senior Citizens Law Center (NSCLC), a group focused on protecting the rights of the elderly with low-incomes.
]]> The NSCLS stated that the decision impacts all people who had benefits denied or suspended because of an alleged parole or probation violation and who applied October 29, 2006 or after. This will potentially provide millions dollars in relief to those who were previously blocked from receiving benefits.The housing administrator from Austin Travis County Integral Care stated to KUT News that he isn't sure how many individuals in Central Texas will be impacted by the court ruling. He explained, however, that he is aware of a number of local people who have chosen not to apply for benefits because of that issue.
With eligibility changes adding complexities to an already challenging system to navigate, the assistance of an experienced Texas Social Security disability attorney can be extremely valuable for those applying for disability benefits. A lawyer can assist you with the process from beginning to end, helping you receive the benefits you need and deserve.
Source: KUT News, Court Ruling Restores SSI Benefits, Ian Crawford
]]>Considering that a review of a Social Security disability case often takes 60 to 90 minutes, the message essentially was that the doctors needed to work faster. It was also determined that doctors could work outside of their areas of expertise, thus eye doctors could be assigned back pain cases, and so forth. Physicians uncomfortable with evaluating cases in certain specialties were given the option of taking brief refresher seminars. For example, physicians unfamiliar with blood diseases could go to an hour long class.
In the months that followed, 45 of the 140 doctors at the agency either resigned or were fired. One doctor from the Baltimore office explained his frustration, "People who shouldn't be getting [disability] are getting it and people who should be getting it aren't getting it." He was not alone in his opinion, many former officials and physicians felt the quality of disability determinations was being threatened by the changes.
]]> An SSA spokesperson would not comment to the Wall Street Journal directly, but said the changes were aimed at "providing the agency with a more accurate and cost-effective business process."The pressure of the case backlog on the agency only seems to be growing. The backlog of appeals was at 771,318 this past September, compared to 705,367 in 2010 and up from 392,397 in 2001.
Considering that the Baltimore office is considered a flagship agency, it is possible these changes may become more widespread practices across the country. Although it is promising that the SSA wants to take steps to address the backlog, the measures taken may give rise to new issues concerning the quality of decisions.
Source: Wall Street Journal, Doctor Revolt Shakes Disability Program, Damian Paletta, 21 November 2011
]]>COPD is a chronic disease that makes breathing difficult and less effective. It occurs when damage to the lungs obstructs airflow and interferes with normal breathing. COPD is not curable; however, it can be well-managed if detected early.
Cigarette smoking is the primary cause of COPD. The disease can also be caused by occupational exposure to dust or chemical fumes, exposure to heavily polluted air, frequent exposure to unventilated fires and some rare genetic conditions.
The main symptoms of COPD include shortness of breath, difficulty breathing and wet or dry cough. Those afflicted also experience fatigue, wheezing and frequent respiratory infections.
]]> COPD Sufferers May Qualify for Disability BenefitsIn severe cases, the shortness of breath caused by COPD can limit a person's ability to participate in normal, everyday activities. As the disease progresses, they may find themselves unable to walk for even short distances. Many will need to take frequent rest breaks to make it through the day.
People whose ability to work is compromised by COPD may be able to qualify for Social Security disability benefits. As with other types of respiratory disabilities, applicants will need to show that their symptoms are severe enough to significantly limit their ability to perform basic work activities. They may be required to undergo pulmonary function testing to determine their level of impairment.
Sometimes, COPD claims can be hard to prove because there is not proper documentation of the condition in the applicant's medical records. If you think you may be suffering from COPD, see a doctor right away.
Source: American Lung Association, "November is COPD Awareness Month," 9 November 2011
]]>This Saturday, October 8th, the National Alliance on Mental Illness (NAMI) in Austin will be sponsoring a program and 5k walk featuring live music. The free event begins at 9:00 (registration at 8:00) located at W. Riverside and S. 1st Street. Children and pets are also welcome to participate. Austin Mayor Lee Leffingwell will be a special guest.
]]> Prevalence and Severity of Mental IllnessesMental illnesses include diseases such as clinical depression, anxiety disorders, schizophrenia, bipolar disorder and post-traumatic stress disorder. These conditions are medical illnesses and impact a significant number of Americans. According to the NAMI, every year, 25 percent of adults experience mental health issues. Additionally, one adult in 17 copes with chronic and serious mental illness.
Sometimes mental illness can be so severe that people are prevented from holding a job. If mental illness prevents someone from working they may be eligible for Social Security disability (SSDI).
Although mental illness disability claims can sometimes be difficult to win. Experienced SSDI attorneys can work to ensure you have the correct documentation from the proper mental health professionals to give your claim the best chance of success possible.
Source: NAMI, Mental Illness Awareness Week: Changing Attitudes Changing Lives, October 2011
]]>If you are disabled and have worked enough hours in your lifetime to qualify, you may receive Social Security Disability Insurance (SSDI) payments. The amount of these payments will be based on the amount that you have paid into the Social Security program. You may also be eligible for Supplemental Security Income (SSI), which is based on financial need.
A soldier's family may also be eligible for Social Security benefits. A husband or wife who is over the age of 62, or caring for a child under the age of 16 may be eligible for benefits. Your unmarried children who are under the age of 19 and in school are also potentially eligible.
]]> Even if you are still earning a military salary, or are on active duty status, you may be able to receive disability benefits. If you are on limited duty, or are receiving therapy for injuries at a military facility, Social Security will evaluate your situation and decide whether you qualify for benefits. Generally, you cannot get Social Security disability benefits if you are participating in substantial work activity for pay, but the work you are engaging in is the controlling factor, not your military pay or duty status.Navigating Social Security disability benefits can be complex. Talking to a lawyer can help make it easier to understand what benefits are available to take care of you and your family.
Source: Social Security Online, Disability Benefits For Wounded Warriors
]]>Beginning of the Compassionate Allowances Program
The idea for the Compassionate Allowances program was born in 1985 when now-SSA Commissioner Michael J. Astrue was attempting to get SSDI benefits for his father, who was struggling with brain cancer. Astrue saw first-hand how those who needed benefits most pressingly were caught in a system bogged down with backlogs and delays. Many applicants died before they received decisions on their applications.
When Astrue became Commissioner in 2007, he designed the Compassionate Allowances program to allow the SSA to process applications for those with certain conditions quickly based upon minimum objective medical criteria that the SSA could obtain without delay from healthcare providers.
He implemented the program in 2008, after holding a series of public outreach hearings and soliciting information from medical professionals and Social Security and Disability Determination offices to determine which conditions should be on the compassionate allowances list. Astrue continues to expand the compassionate allowances list, adding 38 conditions in 2010 and 12 in 2011 as a result of information from public outreach hearings.
]]> How the Program WorksThe Compassionate Allowances list contains 100 medical conditions, mostly rare and fatal diseases that clearly meet the SSA's medical listing criteria for benefit eligibility. Some of the conditions on the list are traumatic brain injury, early-onset Alzheimer's disease, other forms of dementia and several types of cancer.
Simply claiming to have one of the conditions on the list does not ensure that an applicant will receive benefits, however. It merely removes the burden of having to prove that they meet the medical listing eligibility requirements. The applicant still has to have a qualifying work history for SSDI benefits or meet income restrictions for SSI benefits.
Using the Compassionate Allowances program does speed up the process considerably, though. Without the need to show that an applicant meets the medical criteria, SSA can process an application much more rapidly - which is important, as many of the conditions on the list are fatal. When an applicant submits his or her initial application, computer modeling technology scans the application looking for conditions that match those on the Compassionate Allowances list. If there is a match, the SSA pulls the application and expedites its processing.
The application process for Social Security benefits can be frustratingly long and complicated. Many who apply for benefits have conditions that do not allow them the luxury of waiting many months for decisions on their applications. If you are in dire need of benefits because of a critical medical condition, do not hesitate to contact an experienced attorney who can guide you through the application process and see that you receive benefits as quickly as possible.
Source: Compassionate Allowances
]]>Two of the most common forms of COPD are chronic bronchitis and emphysema. Many individuals have both making the general diagnosis of "COPD" more accurate. COPD causes the airflow into and out of the lungs to be restricted, making breathing difficult. The disease is progressive so it continues to worsen over time. Besides difficulty breathing, other symptoms of the disease include: chronic coughing, wheezing and chest tightness.
One of the leading causes of COPD is smoking, however, there are also other factors that have proven to put one at risk for COPD. These include long-term exposure to chemical fumes, air pollution, dust or other lung irritants.
]]> COPD is not just a bad cough or minor breathing issue, but is a very serious condition that many individuals are forced to cope with on a daily basis. Imagine trying to perform your daily work tasks while struggling to breathe. For those with COPD, the symptoms may make it impossible for them to do the work they did previously. This can be frustrating and stressful, and people may not know where to turn for help.If COPD is preventing you from working you may qualify for Social Security Disability (SSD) benefits. An experienced disability attorney can guide you through the process of applying for SSD, and help ensure you receive the benefits you need and deserve.
Source: What is COPD?
]]>Spouses and Ex-Spouses
Spouses may qualify if they are over age 62, or if they are caring for your child or children under age 16.
To receive benefits on your record, divorced spouses must meet the following conditions:
Neither spouses nor ex-spouses qualify for benefits under your record if they are eligible for equal or higher benefits on their own or someone else's earnings record.
]]> ChildrenSSDI benefits can also assist you in providing financial support for your children. Children that qualify for benefits include: biological children, adopted children, step children or dependant grandchildren.
Your children must meet the following conditions:
Disabled children over age 18 may also qualify for benefits.
Benefit Amounts and Limits
Your family members may receive monthly benefits up to 50 percent of the amount you receive. There is also a total limit on the amount all your family members can receive. This limit is based on your disability benefit amount and the number of qualifying family members. Generally the limit for your family is roughly 50 to 80 percent of the benefits you receive.
If your family members are eligible for more benefits than the designated limit, their benefits will be reduced proportionately, but your benefit amount will remain unchanged. An ex-spouse's benefits will not negatively impact the amount of benefits you or your other family members are entitled to receive.
Contact an Attorney
Although these are some general guidelines about the eligibility of family members, contact an experienced disability attorney for advice about your specific situation. An attorney can work to make sure you and your family members receive all the compensation you are entitled to.
Source: Family Benefits
]]>The fact that you filed your own initial unsuccessful application does not count against you. But it becomes all the more important to make sure that your medical information is complete and all necessary documentation is included. An experienced Texas SSDI appeals attorney can examine the case and help you decide on further action.
In Texas, applicants can submit a Request for Reconsideration, which allows submission of new evidence and full review of the case by another Social Security administrator. If a simple error derailed the application, the SSA will reverse the decision. The applicant need not be present for this process unless he or she asks for reconsideration of a decision that a disability once eligible for benefits no longer exists.
]]> If reconsideration of an SSDI or SSI claim also results in a denial, the applicant can request a hearing before an administrative law judge (ALJ). It can take up to a year for this hearing to occur, but this interval can allow you to continue to build your medical record. Your Texas disability lawyer can appear with you at the hearing after helping you prepare every aspect of your case.Even if you are denied at the hearing, you still have options. The Social Security Appeals Council has discretion to review any case rejected by an ALJ, and they can either overturn the earlier decision or send the case back to the ALJ for further review. Despite these many safeguards, mistakes still occur, and a denial by the Appeals Council can be filed in federal district court and beyond.
Whatever the circumstances of your case, a consultation with a Texas disability benefits law firm can clear up any misunderstandings you may have and give you an honest shot at the benefits you need and deserve due to a disabling condition.
Source: The Appeals Process
]]>Michael Astrue, Social Security Administration Commissioner, questioned the emphasis on the rise in pending appeals. Instead he highlighted improvements the agency made resulting in quicker processing and shorter decision-making times.
The Transactional Records Access Clearinghouse, a Syracuse University research organization, studied data from the Social Security Disability Insurance (SSDI) application system. The organization explained, "History shows that if this growth is unchecked, as hearing dockets become more and more clogged, wait times will grow."
]]> Local agencies handle initial reviews of disability benefit applications. If an applicant is denied twice they may appeal to an administrative law judge from the Social Security Administration. Currently, there are almost 1,400 of these judges who rule on appeals of disability benefits applications.The agency's goal is to decrease the Social Security disability benefits wait time from the current national average of 367 days to 270 days by 2013. Federal budget cuts, which resulted in the cancellation of the planned opening of eight new hearing offices, may make this goal difficult to achieve.
Although 367 days may seem like a long time for disability applicants to wait, the wait time is still down significantly from its peak of 514 days during the 2008 federal fiscal year.
If you are going to be applying for SSDI consider hiring an experienced disability lawyer. An attorney can work on your behalf to help you get the disability benefits you qualify for as quickly as possible.
]]>A stroke occurs when a blocked blood vessel interrupts blood flow to the brain causing brain damage. A person's functioning may be impaired when brain cells that control certain abilities die during a stroke. The way a stroke affects a person depends on where in the brain the stroke occurs and the amount of brain cells that are damaged.
Some symptoms of stroke include sudden numbness or weakness on one side of the body, sudden trouble speaking or understanding, and sudden dizziness or severe headache. If an individual experiences any of these symptoms they should seek emergency assistance immediately.
]]> A stroke can cause problems with speech and vision, difficulty with coordination and memory, and paralysis. Stroke recovery is usually a long process. The effects of a stroke may make it difficult or impossible for people to continue to do the work they did previously. While many stroke survivors regain functioning and independence, between 15 to 30 percent of people who suffer a stroke become permanently disabled.If you have suffered from a stroke, and it is now difficult for you to do your job, an experienced Social Security Disability attorney can help you file your SSD claim or assist you with an SSD appeal.
Source: Stroke Awareness Resource Center
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