Law Office Notes of James R. Linehan PC

SSA JUDGE SAYS JOBS EXIST, FEDERAL COURT SAYS NO THEY DON'T

noreply@blogger.com (James Linehan) — Tue, 18 Jun 2013 06:25:28 PDT

STOP and DO IT OVER

Orders Federal Court to SSA

In this SSA disability claim the claimant argued that he was disabled following a severe back injury. And even though he was of younger age, the claimant showed that he could not read or write, making him additionally unemployable.

The SSA judge disagreed with the claimant. The SSA judge found that the claimant could still do other “light” “unskilled” work as a “hand packager”, "bench assembler” and “machine tender” and was not disabled. The SSA Judge denied his claim.

On appeal to the federal court I argued that the SSA judge's decision was not supported in law or fact. I argued that none of the jobs matched descriptions in the Dictionary of Occupational Titles (DOT). The DOT is the manual used by the SSA to determine whether or not there are other jobs that a claimant could perform. For example the SSA Judge said the job of "hand packager" was a light work job. However I argued that the DOT says this job is actually harder, medium work. The SSA Judge said the claimant could be a "bench assembler". However, I argued, the DOT says that job requires the ability to read and write up to 215 words per minute; something the claimant could not do. And in regard to the job of "machine tender" I argued there simply is no light duty job of machine tender existing anywhere in the DOT.

As the SSA Judge failed to come up with any jobs that actually were listed in the DOT and failed to resolve any conflicts between the jobs he found and the DOT itself, I argued the SSA Judge's decision was not supported and should be thrown out.

The US Attorney countered that the SSA Judge need only come up with some "generic" type jobs that may be in the DOT and did not need to identify any specific jobs.

On review, the federal court said "no" to the US Attorney and fully agreed with my arguments. The federal court found that law and prior cases require the SSA Judge to specifically identify the jobs that he finds a claimant can do despite their severe impairments. The federal court found that "generic" jobs are not specific enough and that the court is not going to spend its time guessing as to what specific jobs the SSA Judge may have inside his head but did not bother to put in his decision or resolve on record. The federal ordered that the SSA Judge's decision denying disability be reversed and this claim sent back to the SSA for another hearing.

Wheeler v. Colvin USDC WD OK 5:12-cv-793F

How do I claim a Schedule Award on my Federal Workers' Comp Claim?

noreply@blogger.com (James Linehan) — Mon, 17 Jun 2013 13:45:57 PDT

When an injured worker has permanent loss of use of certain body parts or organs, s/he may request a schedule award by submitting a CA-7 Claim for Schedule Award and an impairment rating completed by her/his treating physician. 20 C.F.R. §§ 10.103, 10.404.

The impairment rating can only be completed after maximum medical improvement has been reached and must be in accordance with the 6th Edition of the American Medical Association Guides to the Evaluation of Permanent Impairment, referencing the appropriate tables, and citing the date of maximum medical improvement. Impairment ratings may be done in a narrative format.

There is not a form for the physician to complete for the impairment rating unless the Claims Examiner has provided one in response to incomplete medical documentation previously submitted.

The CA-7 is available on line at http://www.dol.gov/owcp/dfec/regs/compliance/forms.htm.

DO YOU REALLY NEED TO SPEND YOUR TIME AND YOUR MONEY TO GO TO A LAW OFFICE?

noreply@blogger.com (James Linehan) — Thu, 13 Jun 2013 17:54:32 PDT

You are filing a claim for social disability, or maybe for federal workers comp or maybe for federal medical disability retirement, or maybe all three. You need some assistance on how to fill out the forms and how to handle and process your claims.

You call a law office. They want you to make an appointment.
At their convenience.

They want you to use your car and your gas and your parking money to drive to their law office where you are going to have to then sit and wait to meet a lawyer to discuss your claim.

Do you really need to do all this?
Do you really need to spend your time and your money to visit a lawyer at their convenience?
Not at all, no you don't.

Save your time, save your money, and save your frustration.

There is no need to visit or go to a law office to file for or appeal a disability claim.

For any Social Security disability claim, federal workers comp claim or federal medical disability retirement claims and appeals I can provide to you the forms for your review, completion, signature and return to me all online that you can easily take care of from the convenience of your own home.

If you have questions we can meet online to discuss your questions by web chat online live video.

In this Internet age requiring anyone to spend their time and money to travel to a law office to then wait for an appointment to meet a lawyer is simply a waste of your precious time and money. Save your money and your time.

SSA SAID I COULD DO OTHER UNSKILLED WORK AND WAS NOT DISABLED, IS THAT CORRECT?

noreply@blogger.com (James Linehan) — Thu, 13 Jun 2013 13:57:36 PDT

Maybe, and maybe not.

The answer depends upon your impairments and what the SSA meant by "simple work".

The rule is as follows:

"Where a person's only impairment is mental, is not of listing severity, but does prevent the person from meeting the mental demands of past relevant work and prevents the transferability of acquired work skills, the final consideration is whether the person can be expected to perform unskilled work. The basic mental demands of competitive, remunerative, unskilled work include the abilities (on a sustained basis) to understand, carry out, and remember simple instructions; to respond appropriately to supervision, coworkers, and usual work situations; and to deal with changes in a routine work setting. A substantial loss of ability to meet any of these basic work-related activities would severely limit the potential occupational base. This, in turn, would justify a finding of disability because even favorable age, education, or work experience will not offset such a severely limited occupational base.

: Example 1: A person whose vocational factors of age, education, and work experience would ordinarily be considered favorable (i.e., very young age, university education, and highly skilled work experience) would have severely limited occupational base if he or she has a mental impairment which causes a substantial loss of ability to respond appropriately to supervision, coworkers, and usual work situations. A finding of disability would be appropriate."

So if you are alleging a mental impairment, such as depression, such that you cannot relate to co-workers or adapt to changes in the workplace then you should likely have been found as disabled. SSR 85-15

HOW DO I FILE AN OCCUPATIONAL ILLNESS CLAIM WITH OWCP?

noreply@blogger.com (James Linehan) — Wed, 12 Jun 2013 11:37:14 PDT

An occupational illness involves a repetitive injury, for example hearing loss or carpal tunnel syndrome or a disease like leukemia, that occurs over time.

To claim benefits under the federal workers' compensation system "OWCP" , a federal employee who has a disease which he or she believes to be work-related must give notice of the condition in writing on Form CA-2, which may be obtained from the employer or from the Internet at www.dol.gov under forms.

The employee must forward this notice to the employer.

Another person, including the employer, may do so on the employee's behalf. The person submitting a notice shall include the Social Security Number (SSN) of the injured employee. All such notices should be submitted electronically wherever feasible to facilitate processing of such claims.

A notice of occupational disease must be filed within three years of the onset of the condition. (The form contains the necessary words of claim.) However, in cases of latent disability, the time for filing claim does not begin to run until the employee has a compensable disability and is aware, or reasonably should have been aware, of the causal relationship between the disability and the employment (see 5 U.S.C. 8122(b)).

SSA JUDGE DECISION OVERRULED WHEN HE FAILED TO RESOLVE CONFLICT

noreply@blogger.com (James Linehan) — Tue, 11 Jun 2013 08:18:46 PDT

SSA JUDGE'S FAILURE TO RESOLVE CONFLICT IN RECORD RESULTS IN REVERSAL BY FEDERAL COURT

FOUL!

GO BACK AND DO AGAIN

SAYS COURT FOR SECOND TIME

In this Social Security disability case, the claimant was on his second go around with the SSA after having a federal court previously turn over the prior Social Security decision denying his claim.

After a second hearing, the Social Security judge again denied the claim. The Social Security judge found that the claimant can perform other jobs such as housekeeping cleaner, parking lot attendant, and sales attendant despite having severe impairments of degenerative disc disease of the shoulder and spine and being partially blind.

I agreed to represent this claimant on his appeal again to the federal court. On appeal to the federal court I argued that the medical evidence is clear that the claimant due to his severe impairments cannot use his left arm, cannot move his left arm, has no feeling in his arm, and must actually use his right arm to pick up and move his left arm. As a result I argued that the claimant would be limited to only occasional use of his left arm but no continuous or repetitive use.

On appeal to the federal court I showed that the Social Security judge relied upon his vocational expert to find that the claimant could perform other jobs such as housekeeping cleaner, parking lot attendant, and sales attendant. However, I argued that the Dictionary of Occupational Titles (DOT) presented another story. The DOT is the reference manual the Social Security Administration uses to determine whether or not there are jobs available for claimant to perform. According to the DOT all of the jobs the Social Security judge came up with in this case required a person to use both arms and hands for overhead reaching and manipulation of objects and tools.

I argued on appeal to the court that per the DOT this claimant could not do the activities required by definition in the jobs of housekeeping cleaner, parking lot attendant, or sales attendant. I argued that accordingly this Social Security judge's decision failed to discuss or resolve this conflict with the DOT and was in error.

The federal court fully agreed with my arguments. The federal court found there was an inherent conflict between the vocational expert's testimony that these jobs can be performed despite a restriction to only occasional reaching overhead in comparison to the DOT's description of these jobs requiring the ability to frequently reach overhead. Accordingly, the Social Security judges decision failed to resolve this conflict resulting in error that required reversal and remand back to the Social Security Administration for rehearing.

Ventris v. Colvin USDC WD OK 5:12-cv-812R

SSA JUDGE'S MAKING UP JOBS TOSSED BY FEDERAL COURT

noreply@blogger.com (James Linehan) — Tue, 11 Jun 2013 07:58:05 PDT

Federal Court throws out decision by SSA Judge that made up job listings.

In this federal appeal of a denied social security case, The Social Security judge found that the claimant can perform to other unskilled, sedentary jobs and thus was not disabled. The Social Security judge listed these other jobs as "assembly worker" and "order clerk". The Social Security judge wrote in his decision that these two jobs existed and were listed in the Dictionary of Occupational Titles (DOT). The DOT is the reference that the Social Security administration uses and relies upon to show that there are other jobs out there that the claimant could perform and is not disabled.

The problem in this case was that the Social Security judge essentially made up the DOT listings. The Social Security judge claimed that the job of "order clerk" existed in the DOT at listing number 211.365-014. The Social Security judge also claimed that the job of "assembly worker" existed at DOT listing number 732.265-010.

On appeal to the federal court, I simply showed to the federal court that neither job listing as provided by the Social Security judge actually existed in the DOT. There were no such job listings as made up by the SSA Judge.

I argued that according to case law the Social Security judge is required to provide substantial evidence to support his determination of non-disability and to investigate any conflict or findings with the DOT. Here, I argued that there simply was no evidence of any kind to support the Social Security judge's findings as to other jobs existing in this case as the DOT listings provided by the judge were nonexistent.

Upon submittal of my argument and brief to the court, the US attorney's office fully agreed and without argument recommended to the court that the Social Security judges decision be reversed in this matter remanded back to the Social Security administration for another hearing to fully develop the record. The court fully agreed and tossed out the Social Security judges decision and sent this matter back to the Social Security Administration for rehearing.

Vore v. Astrue USDC WD OK 5:12-cv-1136D

FEDERAL COURT THROWS OUT SSA DENIAL BASED ON MEDICAL DEFINITION

noreply@blogger.com (James Linehan) — Tue, 11 Jun 2013 07:34:53 PDT

IS IT LUMBAR COMPRESSION? LUMBAR NARROWING? OR WHAT? SSA JUDGE'S FAILURE TO DISCUSS RESULTS IN FEDERAL COURT REMAND

In this Social Security case the Social Security administrative law judge (ALJ) found that the claimant was severely impaired by degenerative disc disease of her spine. However the ALJ found that the claimant was not disabled because the medical record had no evidence of lumbar "nerve root compression".

Taking this matter on up to federal court appeal, I argued that the ALJ was mistaken because he failed to recognize the objective medical evidence of "foraminal narrowing" that was in the record. I argued that foraminal narrowing is medically defined as "nerve root compression". Accordingly, I argued that as a claimant had evidence of nerve root compression, she should of been found as automatically disabled by meeting the Social Security definition of back impairment.

The US attorney's office disagreed. The US attorney argued that "foraminal narrowing" simply causes nerve root compression and is not evidence of actual nerve root compression, therefore the claimant did not meet the definition required for back impairment to be disabled.

The federal court disagreed. The federal court ruled that because the ALJ did not mention or discuss "foraminal narrowing", the court cannot know whether the judge considered and rejected the evidence (deciding that it did not constitute nerve root compression), or whether the judge inadvertently overlooked the evidence and would have made a finding of nerve root compression but for his own oversight.

The court found that the ALJ's failure to provide an explanation of his finding or lack of finding makes it impossible to determine whether the correct legal principles were followed and applied and that was error. It was not harmless error because if the ALJ had indeed found evidence of nerve root compression he would have then likely have had to find that the claimant met the definition required for disability under back impairments.

The court then ordered that the ALJ decision denying benefits be thrown out and that the claimant be given the opportunity for another hearing on her case before the Social Security Administration.

Palmer v. Colvin, USDC WD OK 5:12-CV-893W

WHAT APPEALS ARE THERE AFTER AN OWCP DECISION?

noreply@blogger.com (James Linehan) — Tue, 11 Jun 2013 06:04:44 PDT

There are three methods for reviewing a formal decision of the OWCP.

These methods are: reconsideration by the district office; a hearing before an OWCP hearing representative; and appeal to the Employees' Compensation Appeals Board (ECAB). For each method there are time limitations and other restrictions which may apply, and not all options are available for all decisions, so the employee should consult the requirements.

An request for reconsideration must be received by OWCP before one year of the date of the OWCP decision for which review is sought.

The hearing request must be sent within 30 days (as determined by postmark or other carrier's date marking) of the date of the decision for which a hearing is sought. The claimant must not have previously submitted a reconsideration request (whether or not it was granted) on the same decision.

A request for review must be filed with ECAB within 180 days of the decision being appealed.

WILL THE OWCP REIMBURSE MY TRAVEL EXPENSES?

noreply@blogger.com (James Linehan) — Mon, 10 Jun 2013 16:35:16 PDT

OWCP Claimants may request reimbursement for reasonable and necessary transportation costs and expenses incurred to obtain authorized medical services or supplies. Generally, 25 miles from the claimant's work site, residence, or place of injury is considered reasonable.

The claimant must complete and sign the OWCP-957, Medical Travel Refund Request. Mileage expenses will be reimbursed at the GSA rate in effect on the date of travel.

There will be no reimbursement for meals or lodging when travel is for less than 12 hours in total or fewer than 500 miles round-trip.

Lodging must receive prior authorization. Cab fare or hire of special conveyance in excess of $75 requires prior authorization. Original itemized receipts are required for cabs and other transportation expenses (including parking and tolls), as well as for all lodging and meals for amounts in excess of $75.

Additional instructions for completing the OWCP-957, Medical Travel Refund Request

What are Social Security’s Medical-Vocational Guidelines (the “Grid” Rules)?

noreply@blogger.com (James Linehan) — Mon, 10 Jun 2013 08:14:59 PDT

Social Security Disability, are you disabled...or not?

When you apply for disability, Social Security evaluates your case using a very detailed set of rules. These rules are designed to help Social Security employees, no matter where they are located, evaluate every case in a uniform manner.

Many of Social Security’s rules deal with the evaluation of medical information. However, Social Security has published some lesser known rules called the “medical-vocational guidelines” that focus less on medical problems and more on your age, education and work background. Most Social Security lawyers and judges refer to these rules as the “grid rules” because they are set out in a 5 column table.

These grid rules are the focus of this web site and the goal of this site is to help you understand and apply the grid rules - hopefully for the purpose of winning a favorable decision.

The premise of the grid rules is simple: Social Security recognizes that as you get older, you will have a more difficult time finding a job. Specifically Social Security recognizes that employers are less likely to offer an entry level job to a man or woman aged 50 or older. The less education you have or the fewer job skills you have, the harder it will be to find employment.

FREE GRID RULES HELPER; CLICK HERE

CRYING VIEWED AS A MENTAL ILLNESS?

noreply@blogger.com (James Linehan) — Mon, 10 Jun 2013 07:43:44 PDT

Considerable debate was under way even before last month’s release of the newest edition of the Diagnostic and Statistical Manual of Mental Disorders by the American Psychiatric Association.

The manual used by mental health professionals such as psychologists, psychiatrists, and counselors contains a number of changes that are considered controversial.

For example, a person grieving for more than two weeks could be described as having a symptom of mental illness.

SSA PROVIDES INSTRUCTION FOR ADDRESSING ALLEGED BIAS CLAIMS

noreply@blogger.com (James Linehan) — Mon, 10 Jun 2013 06:27:39 PDT

The SSA has issued a new ruling on how a claimant should address claims of alleged bias by a social security administrative law judge.

SSR 13-1p provides that a person who was a party to a hearing may file a discrimination complaint with the SSA alleging discrimination in a hearing process based on race, color, national origin (including English language ability), religion, sex, sexual orientation, age, disability or in retaliation for having previously filed a civil rights complaint. Currently, the Office of the General Counsel has the responsibility to investigate and decide complaints that individuals file under this process. A person who was a party to a hearing may file a discrimination complaint under the civil rights investigation process in addition to filing a request for Appeals Council review or filing a complaint with the Division of Quality Service.

An individual may file a discrimination complaint alleging discrimination by an ALJ by using Form SSA-437-BK (available at http://www.socialsecurity.gov/online/ssa-437.pdf); however, an individual is not required to use this form and may make a complaint with a letter that contains the same information. The discrimination complaint must be filed within 180 days of the alleged discriminatory action unless the SSA finds there is good cause for late filing. Form SSA-437-BK provides:

“If you disagree with a decision that was made on a claim you filed for benefits, you must appeal that decision according to the procedure described in the notice of appeal rights that accompanied the decision. If you believe the decision was based on discrimination, you may file a complaint of discrimination using this form, but even if we find that you were discriminated against, that would not mean that the decision on your claim for benefits would change. A decision can still be a correct application of the law even if the decision-maker was biased. The only way to get the benefits decision changed is to file an appeal of that decision.”

After receipt of an allegation of discrimination involving an ALJ based on the categories discussed above, the Division of Quality Service (or its designee) will assist the Office of the General Counsel or its designee in its review of the allegation of discrimination. The Division of Quality Service will prepare a copy of its findings and supporting documents. The SSA will use the facts and documents stemming from the Division of Quality Service's investigation to make a finding of discrimination or non-discrimination.

The SSA should issue a decision within 180 days of receiving the complaint. The SSA may dismiss complaints for a lack of jurisdiction, such as those that allege discrimination based solely on a denial of benefits under SSA's program law and not on race, color, national origin (including English language ability), religion, sex, sexual orientation, age, disability or in retaliation for having previously filed a civil rights complaint. The SSA will also dismiss complaints alleging discrimination on bases other than those identified in the complaint form or letter. Within 60* days after a complainant receives our decision, he or she may request reconsideration of the decision on or dismissal of his or her civil rights complaint, and the SSA should issue a reconsideration decision within 60 days of receiving a request for reconsideration.

POSTAL WORKER CHARGED WITH WORK COMP FRAUD AFTER "PRICE IS RIGHT" APPEARANCE

noreply@blogger.com (James Linehan) — Wed, 05 Jun 2013 07:42:03 PDT

'Price Is Right' Appearance Foils Postal Employee's Workers' Compensation Scam

An appearance on wheel-spinning gameshow "The Price Is Right" led to the demise of a North Carolina postal service employee who has since pleaded guilty to committing workers' compensation fraud.

Federal investigators say postal worker Cathy Wrench Cashwell, of Fayetteville, N.C., knowingly lied in her September 2011 workers' comp filing. According to North Carolina's WRAL, Cashwell had claimed she could no longer stand, sit, kneel, squat, climb, bend, reach, grasp or lift mail trays due to an on-the-job injury in 2004. But investigators found a crack in her story: In 2009 Cashwell appeared on "The Price is Right" and was capable of spinning the "big wheel" twice.

The indictment, filed last September, also alleged Cashwell went zip-lining on a Carnival Cruise vacation in 2010 and was seen lifting and carrying furniture on separate occasions in 2011. In federal court on Monday, she pleaded guilty to fraud. Her sentencing is slated for September.

Cashwell is not the only workers' comp scammer to get caught on tape.

Earlier this month, Ohio man Michael Gundling was spotted on camera working while receiving benefits for a prior workplace injury, according to the Cincinnati Enquirer. After an undercover investigation was launched against him, he admitted to investigators with the Ohio Bureau of Workers’ Compensation (BWC) that he had committed fraud.

He was ordered to return more than $3,000 to the BWC and was handed a suspended 60-day jail sentence along with a $150 fine.

The National Insurance Crime Bureau estimates that fraud costs insurers around $30 billion each year, including workers' compensation claimant fraud and medical fraud. The department suggests that employers develop a safety program to help control all workers' compensation injury insurance claims and maintain a safe work environment with no tolerance for such scams.

The Huffington Post | By Cavan Sieczkowski Posted: 06/04/2013 7:47 pm EDT | Updated: 06/04/2013 8:05 pm EDT

DO I GET COST OF LIVING INCREASES IN FEDERAL COMP?

noreply@blogger.com (James Linehan) — Tue, 04 Jun 2013 06:11:52 PDT

Yes, you may.

In cases of disability, a beneficiary is eligible for cost-of-living adjustments under 5 U.S.C. 8146a where injury-related disability began more than one year prior to the date the cost-of-living adjustment took effect. The employee's use of continuation of pay as provided by 5 U.S.C. 8118, or of sick or annual leave, during any part of the period of disability does not affect the computation of the one-year period.

Where an injury does not result in disability but compensation is payable for permanent impairment of a covered member, organ or function of the body, a beneficiary is eligible for cost-of-living adjustments under 5 U.S.C. 8146a where the award for such impairment began more than one year prior to the date the cost-of-living adjustment took effect.

In cases of recurrence of disability, where the pay rate for compensation purposes is the pay rate at the time disability recurs, a beneficiary is eligible for cost-of-living adjustments under 5 U.S.C. 8146a where the effective date of that pay rate began more than one year prior to the date the cost-of-living adjustment took effect.

In cases of death, entitlement to cost-of-living adjustments under 5 U.S.C. 8146a begins with the first such adjustment occurring more than one year after the date of death. However, if the death was preceded by a period of injury-related disability, compensation payable to the survivors will be increased by the same percentages as the cost-of-living adjustments paid or payable to the deceased employee for the period of disability, as well as by subsequent cost-of-living adjustments to which the survivors would otherwise be entitled.

Is There Total Disability In Federal Worker's Comp?

noreply@blogger.com (James Linehan) — Tue, 04 Jun 2013 06:04:29 PDT

My doctor says I am totally disabled.

I am a federal employee seeking federal workers' compensation benefits. Is there such a thing as "totally disabled" in federal workers compensation?

Yes, there, is, but being totally disabled for a federal worker's compensation claim requires you to meet specific definitions.

In federal workers' compensation claims, permanent total disability is presumed to result from the loss of use of both hands, both arms, both feet, or both legs, or the loss of sight of both eyes. 5 U.S.C. 8105(b).

However, the presumption of permanent total disability as a result of such loss may be rebutted by evidence to the contrary, such as evidence of continued ability to work and to earn wages despite the loss.

In comparison, temporary total disability is defined as the inability to return to the position held at the time of injury or earn equivalent wages, or to perform other gainful employment, due to the work-related injury. Except as presumed under paragraph 5 U.S.C. 8105(a) an employee's disability status is always considered temporary pending return to work

OPM CANNOT REDUCE DISABILITY BENEFIT PAYMENT OF PRISONER

noreply@blogger.com (James Linehan) — Fri, 31 May 2013 14:20:32 PDT

Patterson was a former federal employee who filed for and was awarded disability annuity benefits form the Office of Personnel Management "OPM".

He also had filed for and received disability benefits from the Social Security Administration.

Per federal law, OPM reduced its benefits by an amount that the SSA was paying him in disability benefits.

Patterson went to jail after pleading guilty by reason of insanity to a criminal case.

While in jail, the SSA suspended payment of its disability benefits to him.

OPM, however, continued to reduce its payments on grounds that Patterson was still "entitled" to SSA disability benefits.

Petterson argued that OPM had to stop reducing his OPM benefits because he was no longer receiving SSA benefits. Patterson argued he was entitled to full OPM benefits now because he no longer was receiving SSA benefits while in jail.

OPM disagreed and Patterson appealed.

On appeal the Merit Systems Protection Board fully agreed with Patterson. The Board found that as the SSA had "suspended" its benefits while Patterson was in prison, he was no longer entitled to SSA benefits. Thus the OPM could not argue that Patterson was still entitled to SSA benefits and could not argue that they, OPM, could continue to reduce their benefits based on SSA benefits payments that were in reality no longer being paid to Patterson. The Board ordered the OPM to recalculate and reinstate benefits payments to Patterson without a SSA reduction.

SSA ANNOUNCES NEW RECORD OF DISABILITY PAYOUTS

noreply@blogger.com (James Linehan) — Thu, 30 May 2013 08:02:22 PDT

CNSNews.com - The total number of people in the United States now receiving federal disability benefits hit a record 10,978,040 in May, up from 10,962,532 million in April, according to newly released datafrom the Social Security Administration.

The 10,978,040 disability beneficiaries in the United States now exceed the population of all but seven states. For example, there are more Americans collecting disability today than there are people living in Georgia, Michigan, North Carolina, New Jersey or Virginia.

WHICH STATES HAVE THE MOST PEOPLE ON SSA DISABILITY?

noreply@blogger.com (James Linehan) — Wed, 29 May 2013 07:57:32 PDT

Which are the top ten states having the most residents on SSA disability?

In ascending order:

10. Michigan At the end of 2011, disabled workers in Michigan received in total $390 million a month from SSDI, more than all but five other states. The state not only had a relatively high number of disabled workers, but also paid them more than most states.

9. Missouri Missouri had an average unemployment rate of 8.4% in 2011, lower than the nationwide rate of 8.9%. Many jobless adults were actively seeking a job, a fact that qualifies them received Medicaid or Temporary Assistance for Needy Families (TANF).

8. South Carolina South Carolina had one of the nation’s highest poverty rates in 2011, when nearly 19% of the population lived below the poverty line. It also had one of the nation’s lowest median annual household incomes, at just over $42,000. South Carolina not only had one of the nation’s highest average unemployment rates in 2011, but also one of the lowest labor force participation rate (unemployed workers actively seeking a job).

7. Tennessee Tennessee had more than 260,000 Social Security disability beneficiaries between the ages of 18 and 64 as of the end of 2011. As a result, disabled workers in the state received a total of $261.5 million in December 2011 from SSDI. According to a Gallup-Healthways survey, state residents were among the most likely in the nation to have diabetes or high cholesterol or to have had a heart attack in 2012.

6. Maine More than 43% of residents who received disability at the end of 2011 were diagnosed as disabled due to a mental disorder, one of the highest in the nation and well above the 35.8% average for all areas.

5. Mississippi Mississippi had the highest poverty rate in 2011 with 22.6% of residents living below the poverty line. Additionally, a mere 59.6% of the population participated in the workforce as of 2011, the fourth lowest percentage of all states. Potentially related to the state’s high levels of poverty, as well as obesity, 11.3% of SSDI beneficiaries suffered from a circulatory system disease in December 2011. This was the highest of any state, and well above the 7.7% of beneficiaries nationally.

4. Kentucky Just 83.1% of people in Kentucky have at least a high school diploma, the sixth lowest percentage of all states. As of 2011, just 61.5% of Kentuckians were considered to be in the labor force, among the lowest rates in the nation.

3. Alabama Alabama was one of the nation’s poorest states as of 2011, with just 58.5% of the population participated in the labor force as of 2011, lower than all states except for West Virginia. Alabamians were among the most likely Americans surveyed in 2012 to state they had experienced a heart attack or were diabetic.

2. Arkansas Arkansas is also among the least educated states in the country; just 20.3% of Arkansas residents had at least a bachelor’s degree, lower than all but two other states. An estimated 31.6% of SSDI recipients in Arkansas had musculoskeletal system disease in December 2011, more than any other state except for Alabama.

And the No. 1 State:

West Virginia No state had a higher percentage (9.0%) of its working age people receiving SSDI benefits than West Virginia. In addition, the benefits received from by the federal government were more generous compared to most states. The average monthly benefit of more than $1,140 in 2011 was the 10th highest of all states. Almost 21% of recipients received monthly benefits of at least $1,600, a higher percentage than all but three states. Like most states on this list, West Virginia is among the less-educated states in the country. Just 18.5% of the adult population had a bachelor’s degree, the lowest percentage of all states. Also, few residents in the state had jobs. Just 54.1% of residents were considered part of the labor force in 2011, by far the lowest percentage of any state in the nation.

I AM GOING TO JAIL; WHAT HAPPENS TO MY SSA BENEFITS?

noreply@blogger.com (James Linehan) — Tue, 28 May 2013 15:28:34 PDT

No benefits are payable for any month in which you reside in a jail, prison or certain other public institutions.

If you are receiving Social Security, your benefits will be suspended if you are admitted for more than 30 continuous days to a jail or prison because you were convicted of a criminal offense. Your benefits can be reinstated starting with the month following the month you are released.

Although you cannot receive monthly Social Security benefits while you are confined, benefits to your spouse or children will continue as long as they remain eligible.

If you are receiving SSI, your payments are suspended while you are in prison. Your payments can be reinstated in the month you are released. However, if your confinement lasts for 12 consecutive months or longer, your eligibility for SSI benefits will terminate and you must file a new application for benefits.

WHAT FORMS DO I NEED TO FILE FOR OPM MEDICAL DISABILITY RETIREMENT?

noreply@blogger.com (James Linehan) — Tue, 28 May 2013 08:01:49 PDT

ARE YOU INTERESTED IN FILING FOR OPM MEDICAL DISABILITY RETIREMENT?

Don't know if you qualify or not?

Don't know how to apply or get started?

No worry!
You need to fill out three government forms to apply.

SF Form 3112

SF Form 3107

SF FORM 50

Click on each of the forms above. Answer the questions in full and the best you can.

Once completed, click to send the forms back to me.

Your answers are kept in full confidence. Once received by me, I will then review your forms and contact you regarding what needs to be done to get you started and on your way with your OPM Medical Disability Retirement Claim.

Note: OPM policy prohibits acceptance of applications for retirement benefits from federal employees that are still on the agency rolls (that includes being in a leave without pay status or being on OWCP). If you have not received an SF50 showing your removal then the agency still has you on their rolls.

People With Disabilities Foundation (PWDF) and Legal Aid Society-Employment Law Center (LAS-ELC) File Administrative Class Action Complaint Against Social Security Administration (SSA)

noreply@blogger.com (James Linehan) — Mon, 27 May 2013 06:29:54 PDT

San Francisco, California –May 22, 2013

PWDF and the LAS-ELC have filed an administrative class action complaint against SSA for violations of § 504 of the Rehabilitation Act of 1973 (the precursor to the Americans with Disabilities Act). SSA has failed to provide reasonable accommodations to individuals with mental disabilities in post-entitlement and post-eligibility status and the complaint requests that SSA investigate, issue findings, and provide a list of reasonable accommodations. The complaint was filed on behalf of four individual complainants and similarly situated individuals.

The primary allegation is that SSA is discriminating against people by not providing reasonable accommodations who have psychiatric disabilities and therefore is depriving them of equal, meaningful access to SSA’s disability programs.

The complainants have psychiatric disabilities that may make it difficult for them to understand and therefore respond to notices from SSA. Complainant 1 has large overpayment and underpayment issues with SSA that have been unresolved for over 10 years. He has bipolar disorder and ADHD; he claims SSA is discriminating against him because of these disabilities by not conducting a required formal conference that he requested. Complainant 2 has major memory and other limitations in communicating with SSA due to complex PTSD, dissociative identity disorder, and major depressive disorder and claims that SSA has not followed any policy or procedure to provide an accommodation. Complainant 3 has chronic schizophrenia with constant auditory hallucinations. SSA reduced her benefits; however, it sent her notices without any meaningful explanation based on her disability and continues to refuse to provide an explanation. Complaint 4 has psychosis and a sever anxiety disorder. SSA employees refused to talk to her.

Second, the complaint alleges that SSA does not provide a neutral and detached decision-maker in grievance procedures because their own attorneys serve as the decision-makers. Thus, complainants have no realistic avenue for relief.

Thirdly, while complainants have a clear right to their claims files maintained by SSA, the complaint alleges that SSA has failed to provide complainants with their own claims files in spite of multiple requests.

In July 2010, SSA agreed to perform a self-evaluation of its program activities to ensure the activities are in compliance with § 504 and its implementing regulations. This evaluation was to include an assessment of SSA’s reasonable accommodation practices and procedures to ensure effective communication with individuals with psychiatric and developmental disorders. Although the evaluation was begun in October 2010, to-date SSA has not publicly released results and states it will not set a deadline for its self evaluation.

PWDF and LAS-ELC are seeking additional complainants from the western states, including California, Arizona, Nevada, Oregon, Washington, Idaho, Alaska and Hawaii.

PWDF provides services for people with psychiatric and developmental disabilities through advocacy, education and public awareness.

The LAS-ELC was founded in 1916 and is committed to protecting the rights and economic self-sufficiency of low-income and disadvantaged workers and their families. The LAS-ELC provides free legal services, educational materials, technical assistance to other groups, and direct legal representation addressing racial equality, gender equity, immigration and national origin, and disability rights.

Contacts:
William Reyes, Advocacy Program Manager
People With Disabilities Foundation
507 Polk Street, Ste. 420
San Francisco, CA 94102
Phone: (415) 931-3070
Fax: (415) 931-2828
E-mail: breyes@pwdf.org

April Banerjee, Program Manager for Public Awareness and Education
People With Disabilities Foundation
507 Polk Street, Ste. 420
San Francisco, CA 94102
Phone: (415) 931-3070
Fax: (415) 931-2828
E-mail: abanerjee@pwdf.org

SSA DISASTER ASSISTANCE INFORMATION FOR TORNADO VICTIMS

noreply@blogger.com (James Linehan) — Thu, 23 May 2013 09:03:58 PDT

On Monday, May 20, 2013, a massive tornado devastated Moore, Oklahoma. In the wake of this tragedy, Social Security is committed to helping all the people affected by this tragedy get the support and services they need as they recover.

DisasterAssistance.gov provides information on how you might be able to get help from the U.S. Government before, during and after a disaster.

You can visit this site to apply online.

This site helps you:

Learn what help you might be able to apply for from 17 government agencies in Spanish and English

Reduce the number of forms you have to fill out

Shorten the time it takes to apply for aid

Check the progress of your applications online

Continue to receive benefits from government programs even if you have to leave your home

Apply for help from FEMA online

Learn about Small Business Administration loans using an online application

Have your Social Security benefits sent to a new address

Find federal disaster recovery centers near your current address

Search a list of housing available for rent

Get information about your federal student loan

Get help from the Department of State if you are affected by a disaster while living or traveling outside the U.S.
DisasterAssistance.gov also provides information to help you prepare for, respond to and recover from disasters. You can:
Get the latest news on declared disasters
Find information about:

Evacuating

Finding shelter

Getting food and water

Getting medical services

Locating loved ones

Recovering and rebuilding the areas of your life that were affected by the disaster
Locate resources in your community that can help you move forward

Victims of the tornado should visit FEMA’s website,www.disasterassistance.gov to learn how they might be able to get help from the U.S. government.

HOW DO I CHECK THE STATUS OF MY SSA DISABILITY CLAIM?

noreply@blogger.com (James Linehan) — Thu, 23 May 2013 08:54:13 PDT

The SSA now allows a claimant to check the status of her completed retirement, survivor or disability application. Please allow 5 days from the date you originally filed your application before you use this service. The SSA estimates it will take 1 minute to gather, read and key in the required information.

To check your claims status online; click here.

MY FEDERAL LIGHT DUTY JOB WAS RIF'D, WHAT HAPPENS TO MY FEDERAL WORKERS' COMPENSATION PAYMENTS?

noreply@blogger.com (James Linehan) — Thu, 23 May 2013 08:50:14 PDT

If a federal employee's light duty job is eliminated due to downsizing, what is the effect on her workers' compensation?

In general, an employee will not be considered to have experienced a compensable recurrence of disability merely because his or her employer has eliminated the employee's light-duty position in a reduction-in-force or some other form of downsizing.

When this occurs, OWCP will determine the employee's wage-earning capacity based on his or her actual earnings in such light-duty position if this determination is appropriate on the basis that such earnings fairly and reasonably represent the employee's wage-earning capacity and such a determination has not already been made and the employing agency has stated, in writing, that no other employment is available.