Social Security Disability Advocates in Los Angeles

Worsening Social Security Disability Claims

noreply@blogger.com (SS Advocates) — Tue, 29 Sep 2009 02:38:00 +0000

The economic downfall has caused the increased in disability applications. In 2008, the Social Security Administration (SSA) received two and a half million disability applications. This happened before the current recession became indisputable. In this year up to 2010, SSA sensed that disability applications would reach up to 3 million.

The sudden increase in disability applications was due likely to unemployment. This was because workers who have functional limitations continued to work either because they failed to find accommodation from their employers or have been able to grind out a niche that protects them from the job-limiting effects caused by their functional limitations.

However, when they company closes and they are seeking new employment, they realize that acquiring gainful and substantial employment has not been possible.

The increase in disability applications has augmented the increasing social security disability backlogs or pending claims. Various economists speculated that outlook for disability claims processing may get worse regardless of whether the U.S. economy succumb to “L” type recession or a “W” double-dip recession.

Certainly, the effects of recession would be here to stay for at least two years. For workers, these may be an added toll on their already burdensome life.

Should one wants to know more on how to minimize the effects of recession, getting the services of an employment attorney is encouraged. Moreover, for those who want to apply for disability claims or have pending disability applications with the SSA, hiring a disability lawyer is an advantage.

Approval and Denial Rates in Disability Applications

noreply@blogger.com (SS Advocates) — Thu, 17 Sep 2009 02:10:00 +0000

The approval or denial of disability benefits depend on two considerations: location and time.

On location, different states have different approval or denial rates. While it is true that the social security disability claim system is federal, noted differences may be pointed when comparing individual states specifically those belonging to the red or blue states.

The difference lies on the fact that the system is not as objective as the Social Security Administration. Moreover, the decision making is based on a "human reading" of an applicant's medical records which is inherently and unavoidably, a subjective process.

As to time, disability approval or denial rate depends on the level of the claims. Usually, cases heard by Administrative Law Judges have a higher approval rate compared to cases at initial claim or reconsideration levels. In fact, only one third of applications are approved at the initial stage and all the rest are denied.

Denied applicants may file an appeal. However, most of them give up, file a new claim, miss deadlines or fail to show at the hearing. Most claimants forget the fact that some appealed claims have significantly higher rate of being approved.

The system may be complicated but with the help of a disability lawyer, applicants may be informed of what steps to take in processing their social security disability claims.

Can Applicants or Beneficiaries of Disability Benefit Work?

noreply@blogger.com (SS Advocates) — Wed, 09 Sep 2009 01:13:00 +0000

Applicants for disability benefits may be permitted to work during the application process. Beneficiaries of Social Security disability or SSI disability may as well be permitted to work even while they are receiving the benefits.

However, applicants and beneficiaries should, before working, must bear in mind the following points:

1. All work activity must be reported to the Social Security Administration.

2. Eligibility for social security disability or SSI will give the claimant nine trial work months. During these months, applicants and beneficiaries can basically work with no earning limitations. The nine month period need not be consecutive so long as it occurs within the five year period.

Multiple work experiences can operate to exhaust trial work months for a long time because of the rolling five year period.

3. Disability benefits will cease if the trial work months are exhausted and at least the SGA substantial gainful activity amount is earned.

4. If the beneficiary is only a recipient of social security disability and not of SSI disability, an extended period of eligibility or EPE will be given.

5. The cessation of the 36 month extended period of eligibility will operate to terminate the disability benefits if, in any month, the beneficiary earned at least the SGA amount.

6. If the beneficiary stops working due to the same medical problem he was granted disability benefits, he may apply for an expedited reinstatement of the disability benefit.

Reinstatement may occur during the five year period previous to the disability termination month. Upon reinstatement, the beneficiary is allowed to receive six months of provisional payments. In the meantime, Social Security will make a determination on the medical condition of the beneficiary. If beneficiary is found to be disabled, disability benefits will be reinstated.

Admittedly, people who have been placed under disability have still hope of joining the workforce. But considerations must be made to avoid benefit interruption and overpayment. A social security disability attorney may be hired to avoid conflicts.

Effects of State to State Transfer on Approved Disability Claims

noreply@blogger.com (SS Advocates) — Sat, 05 Sep 2009 03:54:00 +0000

Since Social Security is a federal agency, claimant’s move from one state to another will not affect the benefits rendered in his favor. However, the claimant must furnish the agency with valid address and phone number each time he moves.

A move never sparks off any kind of disability review. Review takes place as early as the initial approval of the disability claim. Upon approval, a diary date will be set for review.

There are cases, however, that trigger review. The most common cause is work activity. If claimant’s work activity is beyond the substantial gainful activity (SGA) earning amount, he should report it to the Social Security so he will not be overpaid.

Be as it may, work activity rarely causes more than a work review unless the claimant has been working continuously at an SGA level.

For those receiving Supplemental Security Disability Income (SSDI), benefits may decrease. The reduction would not be made by the Social Security but due to a decrease in state subsidy. This happens when the claimant moves from a state that has a subsidy to a state that has no subsidy. Consequently, he will lose the money coming from the state he comes from.

For other concerns, you may consult a Social Security disability attorney to enlighten you on the matter.

Letters Sent After Approval of ALJ

noreply@blogger.com (SS Advocates) — Wed, 02 Sep 2009 03:09:00 +0000

Application for disability benefits undergoes various stages. It may either be denied or approved. In case of approval, claimant receives two letters.

A Notice of Decision and a Notice of Award are sent to the claimant in case of approval. The Notice of Approval is a letter from the judge while the Notice of Award comes from the social security office.

The Notice of Decision depicts either fully favorable or partially favorable decision. The difference has to do with the Date of Onset or the date when the disability is decided to have begun.

The Date of Onset is used to compute the past due benefits or back pay. A claimant may receive several hundred dollars in security back pay or several thousand depending on the date of onset. Moreover, this date is a good reason to have representation. Basing on the medical evidence, the claimant’s representative can argue for the most favorable onset date possible.

On the other hand, the Notice of Decision talks about the amount of benefit such as the monthly benefits, back pay benefits and commencement benefits.

Regarding back disability payment, it may take time to process depending on various factors such as the kind of disability the claimant is entitled to. Moreover, delay may be incurred in transferring the decision from the hearing office to the Social Security payment center.

Also, the Social Security may send a ticket to work to the claimant. While the letter means that the claimant is encouraged to go back to work, it does not mean though that the Social Security considers him as able to work.

If you find the topic interesting and you want to know more, you may engage the services of a disability benefits lawyer. A Social Security attorney may also be consulted if you want to file a claim.

Rationing of Health Care

noreply@blogger.com (SS Advocates) — Tue, 01 Sep 2009 05:48:00 +0000

Ideally, insurance companies make good insured’s losses and protect them against dangers to life or property.

However, events in real life show that it is otherwise. In fact, an insured finds it difficult to go after their insurer.

In one article, the author was of the belief that when a health insurance company denies a person for coverage, it is rationing health care. This happened when a company cancels a policy or refuses to pay for a certain procedure.

The author also said that when hospitals and doctor’s offices turned away people who do not have insurance, health care was being rationed.

Despite debates on the national health care and health insurance, some issues remained inarguably true.

1. It would be ridiculous to refuse health care coverage to those people with pre-existing conditions such as diabetes. Not treating this type of condition make it more expensive to cure as time goes on.

2. Insurance coverage must be portable. Hence, if a worker loses his or her job, insurance coverage should be maintained.

With the current set up, policy holders are under the mercy of their health insurance companies. Certainly, reorganization of the system is badly needed. However, people are in doubt whether the federal government could be able to manage the restructuring of the current system.

Whatever the government decides, the “doing nothing” option is never advised.

If you think your insurance company is abusing its authority, you may employ the services of an experienced and expert lawyer in your area.

Withdrawal of Disability Benefits

noreply@blogger.com (SS Advocates) — Wed, 12 Aug 2009 15:32:00 +0000

Just like any other benefit, disability benefits are not eternal. There are conditions which will operate to terminate or suspend it.

If you become eligible for disability, you will be given a nine month trial work period where you can earn without limit. This period can occur any time within the 5 year period. Moreover, the trial work period does not have to be consecutive.

It should be noted, though, that claimants could continue receiving their benefits after a continuing disability review (CDR).

A CDR is required by law such that Social Security Administration (SSA) will review your case from time to time to verify if you are still disabled. The SSA will inform you of the review and your benefit status as well. You will responsible for informing the SSA of your improved medical condition.

Disability benefits are conditional meaning when conditions for entitlement cease to exist as shown in CDR, the benefits could be withheld. Hence, if you are no longer disabled as your medical condition has improved or you can already return to work, benefits will be stopped.

However, mere returning to work will not automatically deny your benefits. Your average earnings must be substantial to stop your benefits. This year, average monthly earnings of $980 or $1,640 for blind are considered substantial.

If you want to know more about disability benefits, engaging the services of a Social Security lawyer is advised to enlighten and inform you about it.

SSI Eligibility

noreply@blogger.com (SS Advocates) — Fri, 07 Aug 2009 15:19:00 +0000

Supplemental Security Income (SSI) is intended to assist low income families and disabled individuals. This benefit is given regardless of whether the claimants have worked in the past or not. The basis is the financial need and not the work history of the claimant.

Unlike Social Security Disability, SSI is a Federal income supplement program funded not by the Social Security taxes but by the general tax revenues.

Starting January 1, 2009 the Federal SSI benefit rate is $674 for individuals and $1,011 for couples.

Some States provides additional payments on top of the SSI benefit. Hence, the total SSI benefits are higher in these states compared to others.

However, not all are qualified for SSI. Your resources are one of the factors that determine your eligibility. In 2009, the resources limit is $2,000 for individuals and $3,000 for couples. Further, not all resources are counted for SSI purposes.

The Social Security includes your spouse’s income and resources if he/she lives with you. Hence, even if your personal resources are not over the limit if it exceeds the limit when combined with your spouse's resources, you would still be ineligible.

In case you meet the resources limit, your claim would be set for medical determination. All medical determinations are done the same way for SSDI and SSI. If you are determined to be medically disabled, the Social Security would again check your resources limit to make sure that you still meet them.

Should you want to know more or you feel like you are eligible, consultation with a Social Security lawyer is advised.

Fail First Policy: Under Fire

noreply@blogger.com (SS Advocates) — Tue, 04 Aug 2009 15:35:00 +0000

Access to new and better medication should be provided to everyone especially those who are poor and disabled.

However, some insurance companies employ discriminatory practices as alleged by several organizations like the Healthy African American Families, Familia Unida, and For Grace in their sent California General Jerry Brown. They asked for the investigation of said practices specifically the denial of access to critical medications of poor and disabled African-American and Latino families.

The concerned organizations specifically mentioned Blue Shield which refused to initially cover doctor-prescribed and FDA-approved treatments. Some insurers also had been requiring patients to fail on up to five medicines before they can access to the one prescribed by their doctor.

The members of the minority and low income earners were often the victims of these practices specifically those suffering from chronic pain like multiple sclerosis, arthritis, fibromyalgia and diabetic peripheral neuropathy. Consequently, they experienced prolonged suffering and failing health.

As response to this letter, sixteen state Attorneys General relayed this concern to the Medicare and Medicaid Services (CMS). In turn, CMS tightened its restrictions and adopted a policy that prohibited health insurers from obliging patients to take more than two medicines before they will cover the medicine as prescribed by doctors.

This fail first policy by health insurers is risky. It operates to prolong and not to improve patients’ conditions. An ailing person should receive immediate medical attention and take prescribed medications. However, some patients are forced to submit to inappropriate treatment or take multiple medicines that do not work just to comply with requirements of these health insurers.

Consequently, by the time the patient is given the right treatment or medication, his condition have gone from bad to worse.

It is a good thing that authorities had already initiated a move to rectify what it seems to be a bad policy. The national government should also address this problem to prevent similar abuses in the future.

Period of Disability

noreply@blogger.com (SS Advocates) — Mon, 27 Jul 2009 15:21:00 +0000

Claimants for Social Security disability must be disabled as defined under the rules of Social Security Administration (SSA) to avail of the benefits. Not only must he be physically or mentally impaired but he must also be disabled for a certain period of time.

The query now is for how must you be disabled to be entitled for the benefits?

The answer is this: an individual must be disabled and unable to work for a continuous period of not less than 12 months.

Therefore, if your disability is expected to last for a year, you should and must apply for disability as quickly as possible. Most people make the mistake of waiting for some time after becoming disabled before filing a disability claim with the SSA.

If you calculate the months involved, your claim would pass through a lengthy process. Note that the examiners have no deadlines in evaluating your application. Further, appealing the denial of your claim could also take months or years.

In most cases, claims end up in the hands of an administrative law judge hearing or of the Appeals Council Review.

Considering all the periods, you have to file a disability claim the moment you ascertain that your disability would last for at least 12 months. Otherwise, by the time you get your benefits, you may have been in a much worse situation as months passed since you became disabled.

Be reminded that the period above does not include the time within which the claimant could file. Usually, a two-month period is given to file an appeal. The two-month period is different from the period of the appeal process itself. With this, you can only imagine how long the process could be.

Disability Claims amidst Crisis

noreply@blogger.com (SS Advocates) — Fri, 17 Jul 2009 15:27:00 +0000

The global financial crisis has brought challenging consequences. Jobs were lost, most companies closed, employees dismissed and prices of food and commodities increased.

Cost cutting has become the trend for most companies. One way of cutting costs is through mass lay off. First to go are employees who are getting high salaries and benefits. Oftentimes, these are old employees.

Older employees are replaced with young and healthy ones who ask for less salary and benefits. By doing so, work is not compromised and costs are minimized. Consequently, older employees are forced to find another job or stay at home.
Should they decide to find another job, chances of being hired are slim. Just like their previous employers, a potential employer may also be cutting costs thus, prefer young employees.

The impact of the dismissal from work of old employees is greater. Aside from being jobless, they might be under treatment or medication for certain illness. With the increasing expenses but depleting resources, they are left with no choice but to file a Social Security disability claims.

Consequently, the financial crisis has indirectly caused the increase in disability claims. As long as people continue to lose jobs, disability claims would pile up. In fact, the Social Security Administration revealed that applicants incr
eased by 15% during the last 2 years.

No wonder, the filing of disability claims has been made as an alternative of dismissed employees who are in need of financial assistance.

SSI and Medicaid for Eligible Claimants

noreply@blogger.com (SS Advocates) — Tue, 14 Jul 2009 23:33:00 +0000

The physical incapacity of blind or disabled individuals often entails financial hardships. As the government recognizes this problem, various programs are implemented to assist eligible individuals.

For old or disabled individuals who have been employed but not qualified under SSDI or who have not been employed at all, they could apply for Supplemental Security Income (SSI).

The query now is: Can claimants availed SSI simultaneously with other benefits such as Medicaid?

The answer is yes.

Medicaid is a federally operated program which pays for basic medical care of blind or disabled, age 65 or older, children, or members of families with dependent children.

While it is funded by the Federal Government, it is run by each state. The state determines who are eligible. It also decides the amount and services due each claimant.

For some states, the SSI application is also the Medicaid application. Usually, Medicaid eligibility begins in the same month as SSI eligibility. In some states though, separate application is required for Medicaid and SSI applications.
The next query is: Will the approval of SSI application means approval of Medicaid application or vice versa?

The answer is no.

SSI application and Medicaid application are assigned to different disability examiners. Hence, rulings on each application may vary. However, an examiner can simply adopt the decision made in the SSI application when deciding for a Medicaid application. If there is no SSI application to adopt, the Medicaid claim would be returned to the county caseworker who actually took the application.

One thing is clear: when you are an SSI recipient, you could also get Medicaid benefits that can help you pay doctor and hospital bills. You just have to contact your local social services or public welfare office for details.

Consequence of Filing a Procrastinate Appeal

noreply@blogger.com (SS Advocates) — Sat, 11 Jul 2009 05:41:00 +0000

Social Security benefits such as SSD or SSI has been the refuge of the elderly and disabled. However, process is slow and claims are subject to denials. Hence, pursuing a claim takes time and a lot of patience.

In case of denial, an applicant is given two months within which to submit an appeal. Some appeal immediately while some would wait longer.

Filing an appeal as quickly as possible is advised. This would mean your application would be processed earlier hence, the sooner you can draw benefits. While it is true that denial could bring disappointment and depression, filing at end of the two month period would further delay your application.

If your claim is denied and you want to pursue it alone, immediately contact your local social security office and request an appeal. On the other hand, if you want to be represented, you should procure a representative at once.

An unrepresented claimant must accomplish the disability appeal paperwork upon receipt. Appeal documents must be completed and returned to the social security office while keeping a copy for ones records. A follow-up call should be made to confirm the receipt of the appeal. If the office has not received it, the claimant may call again to check until receipt is obtained.

On the other hand, a represented claimant must coordinate with his representative whether a disability lawyer or non-attorney representative’s office staff for an immediate plan.

All in all, claimants waste four months in a disability case - two months for request for the reconsideration and another two months for the request for hearing. If claimants procrastinate in filing, the waiting period could be financially injurious to them. Hence, appeals should be filed quickly to prevent financial fall out.

Disability Benefits Preparations

noreply@blogger.com (SS Advocates) — Wed, 08 Jul 2009 15:08:00 +0000

Securing a Social Security disability benefits has always been difficult. Its natural slow process is even made slower by frequent denials of applications.

With the current economic condition, more people are applying for benefits just to make ends meet. This is because older, sickly and disabled individuals are the first ones to be laid off from their jobs.

However, to ensure approval of claim, it is best to assess the situation just like any other.

Before filing a claim, it is best to be acquainted with the process so you know what you are getting into.

First, know if you are even covered by the term disability as defined by the Social Security. Disability for benefits under title II (SSD) and title XVI (SSI) is defined as “inability to engage in any substantial gainful activity by reason of any medically determinable physician or mental impairment which can be expected to last for a continuous period of not less than 12 months or result in death."

This definition is followed in its letter. If you are not disabled within this definition then your application would be denied.

Second, delay in filing your claim could be a potential harm. Initial disability applications could take from 30 to 100 days to process. The waiting period could be more if you have to pursue an appeal process.

Third, approval of the application does not mean outright receipt of disability check. In addition to processing time of the initial disability, a 5-month waiting period would be imposed before receiving a monthly benefit check.

Last, you must plan your financial resources pending application. This might seem hard to do as most applicants are disabled or old trying to live on a daily basis. It would be hard to expect them to make any financial planning for months or years until approval.

Applying for a disability benefits is like engaging in a long war. You should never go to battle unprepared. You may ask for the assistance of a disability lawyer to walk you through the process.

Rationale for the denial of disability application

noreply@blogger.com (SS Advocates) — Tue, 30 Jun 2009 15:31:00 +0000

In its natural course, disability applications are slow. This is because the examiners have no deadlines within which to decide disability cases. No wonder applicants get irritated, and frustrated with the process.

When an initial application is denied, applicants are advised to file a request for reconsideration. More often than not, requests are denied for the second time. In case of denial, the next step would be filing a request for disability hearing.

These steps seem easy but in reality it takes a lot of patience to keep up with. It could be extra frustrating to know that majority of requests for appeals are also denied.

The question now is if appeals are denied then why would applicants even bother to file one?

A request for reconsideration is required before a claimant could request for a hearing before an administrative law judge (ALJ). In short, a denial of a request for reconsideration is a prerequisite to a request for a hearing with the ALJ. It is nothing but a mere a stepping stone to yet another level - hearing with ALJ.

The thing is the processing for the original application and that of the reconsideration appeal are only separated by weeks. Even if both are handled by different examiners, most likely the decision in the original application would be adopted in the reconsideration appeal. This is why most rejected original applications are also denied on appeals.

In reality, applicants do not get fair chance in appealing their case. This is because the same agency decides with the appeal and reconsideration. It would be unlikely on their part to overturn their previous decision.

The real justice comes at a disability hearing level. At this level, the Social Security Administration no longer handles the case. It is the administrative law judge who decides on the matter.

Fairness comes in this level because applicants get to see the judge. They can also hire a disability attorney to explain before the judge why they are entitled to benefits.

Living Arrangements in SSI Applications

noreply@blogger.com (SS Advocates) — Fri, 26 Jun 2009 20:33:00 +0000

Supplemental Security Income (SSI) is a disability program intended to assist those who are disabled, blind or at least 65 years old with limited income and resources.

Unlike other Social Security benefits, SSI is not based on one’s prior work or that of a family member. It is financed by the general funds of the treasury hence given only to those who have severe physical or mental impairments.

Applicants must prove that they are in dire need of financial assistance. On its end, the Social Security Administration (SSA) would evaluate the living arrangements of an applicant to determine eligibility.

Chances of approval are greater for applicants who live alone. This is because the government sees to it that one who could not work or earn a substantial gainful income due to severe disability has a decent place to live in and food on the table.

This does not mean though that people who reside in shared households are denied of SSI. They are only given a reduced amount.

The difference lies with the fact that people who live alone pay for their own utilities and other expenses. In short, they have greater financial need compared to applicants living in shared households.

Hence, an applicant’s living arrangement determines whether maximum SSI benefits would be awarded or not.

How Disability Benefits are Awarded

noreply@blogger.com (SS Advocates) — Tue, 16 Jun 2009 17:34:00 +0000

People with disabilities are entitled to benefits under the programs of the Social Security Administration. However, not all disabilities are awarded benefits. Every claim for Social Security disability or SSI disability is scrutinized to determine its validity.

Disability benefits are awarded in two ways:

1. Disability examiner or judge will determine if the medical evidence satisfies the approval criteria for a physical or mental condition listed under the blue book.

2. Disability adjudicator will determine if the claimant is unable to do their past work for the last 15 years and is unable to perform other work.

Claimants should not only satisfy the fact that they could no longer go back to their past work. They must also show that they could not perform any other work which fit their vocational profile.

The disability judge or examiner is tasked with the responsibility of determining whether or not claimants can go back to their past work. With the work history information furnished by the claimant, the adjudicator will match them to a job description contained in the dictionary of occupational titles.

The adjudicator will compare the work demands and job skills of the claimant’s past work to their current level of functioning. If the current level of functionality is less than what the former jobs required, obviously, they could not go back to their past work.

The procedures for claiming disability only show that the burden of proof lies on the claimant. They must provide accurate and reliable information regarding their past jobs and detailed information about their medical history.

If claimants find the process complicated, the assistance of a disability lawyer would be much appreciated.

SSI Disability Setbacks

noreply@blogger.com (SS Advocates) — Mon, 15 Jun 2009 17:40:00 +0000

Application for disability benefits under the Social Security Administration often entails hardship. Whether SSD or SSI, various reasons cause the delay of its approval.

By its very nature, the disability claim process utilized by the SSA is lengthy and difficult to get through.

This might not be a problem for those individuals who have been awarded benefits early at the initial level of their disability application. But for individuals whose applications have been denied, a request for reconsideration can even prolong the application procedure. In case of denial of such request, an appeal could even make the waiting period worse.

Delay in the claim procedure could also be attributed to the applicant’s medical evidence. This evidence is vital to determine the physical and mental condition of the applicant. It would also apprise the SSA of the things that the claimant could and could not do.

If upon assessment, it was discovered that the applicant’s residual function is severe that substantial gainful activity could no longer be perform, chances are the disability claim would be approved.

Without medical evidence showing residual function of an applicant, disability examiners and disability judges would be inclined to use medical records.

However, medical records often do not establish whether or not the disability of the claimant is covered by the SSA’s definition of disability. This could be of little use even if the records show claimant’s condition.

With the above setbacks, no wonder disability claims take months and even years to settle. When it happens, it is advised that an applicant employ a disability lawyer to speed up the process.

Social Security Introduces New Method to Speed up Application Process

noreply@blogger.com (SS Advocates) — Wed, 22 Apr 2009 06:00:00 +0000

With millions of Americans filing for disability claims and financial aids every year, the Social Security Administration (SSA) has recently introduced a new method in processing applications that will allow claimants to receive their benefits in a short period of time.

The Nationwide Health Information Network (NHIN) is the agency’s newest service to the public that will prevent delays. What used to take months of processing will only take few minutes to complete with this online service.

To allow claimants to file their benefits, NHIN provides online application form that will make it easier and more convenient for Social Security taxpayers compared to going to SSA office personally.

According to SSA officials, the new online service will allow them to improve their service to the public while letting people to participate in the application process.

New Technologies to Aid SSA Backlogs

noreply@blogger.com (SS Advocates) — Thu, 16 Apr 2009 08:04:00 +0000

The long claim process at the Social Security Administration (SSA) had been taking a toll to applicants.

Lack of sufficient manpower had been pointed as one of the reasons for the delays. Seeing the need to address this issue, SSA has adopted significant ways of speeding up the retrieval of medical records in the future. In doing so, delays may be minimized.

In fact, SSA was the first government agency to use Nationwide Health Information Network (NHIN) to cut down the time to get medical records from weeks or months to only minutes.

SSA had been receiving about three million claims annually and fifteen million requests for medical records. Usually, manual intervention necessitates the retrieval of these records. Hence, delay may take place in such retrieval. With the use of NHIN, claims may be processed quickly.

SSA urged the claimants to do their part in making the disability determination process more efficient. It suggested doing the application for disability benefits online.

Moreover, SSA identified medical codes that match certain medical listings. SSA’s computer system analyzes the data for these codes. In this manner, the process would be quicker and the response would be more immediate.

NHIN, on line application and medical codes were aimed at addressing the growing disability backlog. With these, applicants hope to reap their disability benefits sooner than the usual lengthy process.

Fraud in IHHS

noreply@blogger.com (SS Advocates) — Wed, 15 Apr 2009 07:16:00 +0000

Elderly and disabled people have once contributed, in one way or another, to the improvement and development of society. Seeing the need to compensate them for their services, funds are allotted to their care in case of old age or disability or blindness.

In California, In House Support Services (IHSS) is a program established to cater to the needs of the elderly over 65 years of age, disabled or blind so they can remain safely in their homes. IHSS is considered as an inexpensive alternative to nursing homes or board and care facilities.

Under the program, the care provider is usually the recipient’s family member in order to give twenty-four hour assistance. Services would include doing personal chores, giving personal care, accompanying to medical appointments and supervising.

This year, IHSS has a budget of $5.42 billion to provide care for about 440,000 Californians. The amount may be overwhelming. But sadly, due to fraudulent machinations employed by some unions, some valid claims are not getting attention. Efforts of full time investigators are not at par with the thousands of fraud cases filed before them.

For instance, Los Angeles County has no investigators to ensure the validity of claims. Consequently, it had 800 backlog fraud cases.

This current situation is very disadvantageous to valid claimants. Ineligible claimants are the ones reaping the benefits while qualified applicants are left to wait for available funds or worst none at all.

Disability Lawyer: Required or Not?

noreply@blogger.com (SS Advocates) — Mon, 30 Mar 2009 05:10:00 +0000

I have written in my previous blog that a disability lawyer is not required when applying for Social Security benefits.

Do not get me wrong it does not mean though that the services of a disability lawyer are no longer required in all cases and at all times. Of course, it is a case-to-case basis.

At the initial stage, a claimant may opt to claim by himself. But when the claim is denied it would be advisable to seek professional legal help.

A disability lawyer could pin point what information you failed to disclose or documents you failed to submit and could make the necessary requirement in the information or documents to suit your claim.

Usually, an applicant whose claim was denied would file a new claim. They somehow had the notion that filing a new claim is better than filing a timely appeal.

Well, the thing is once a claim is denied and a new claim is filed, chances are it would be denied again. No wonder some claimants have been denied as many times as they are filing their SSD or SSI cases.

Although to some the services of a disability lawyers at the initial stage are an option, certain claimants may benefit from their representation.

Claimants suffering from memory deficiency or physical impairment have the most need for their services, especially in going to scheduled consultative exams, returning forms and filing disability appeal.

Legal representation is a brilliant idea in these instances. Claimants should consider it to avoid further delay and denial of claims.

Doctor’s Role in Claiming Disability Benefits

noreply@blogger.com (SS Advocates) — Sat, 21 Mar 2009 04:54:00 +0000

When applying for disability benefits with the Social Security Administration, documents including medical records must be submitted. These documents are required to avoid scrupulous applicants and fraudulent claims.

Typically, Social Security would want a twelve month medical history including medical notes to evaluate the eligibility of the claimant and veracity of the injury. It could schedule mental, medical and consultative examinations to obtain medical information.

This one time consultative examinations would determine the medical condition of the claimant. However, medical examiners are required to send claimants to further examination if they feel that medical evidence is insufficient or lacking.

A consultative examination may include not only the doctor’s findings on the claimant’s condition but also observations before or after the actual examination.

The question now is would your claim be granted despite not having been seen by any doctor?

The answer is no. You must be seen either by a Social Security doctor or a consultative physician.

Some doctors are biased against the federal disability programs. This bias could work against the claimant. Consequently, the claimant should strictly adhere to the documentary requirements for greater chances of approval.

Backlogs to Prolong Claimants Agony

noreply@blogger.com (SS Advocates) — Thu, 12 Mar 2009 00:57:00 +0000

In its natural process, Social Security claims are already time consuming by itself. In fact, it takes months and even years to approve a claim, not to mention the appeal or reconsideration included therein.

If you say that appeals or reconsiderations are the only barriers to your claim, then you are wrong.

The Social Security disability hearings backlog is taking a toll on a previously slow system of Social Security claims.

The National Organization of Social Security Claimants’ Representatives (NOSSCR) urged those who have been affected by the backlog to speak with their Senators and House Representatives.

NOSSCR is committed to provide the highest quality representation and support on behalf of persons seeking Social Security and Supplemental Security Income.

Backlogs surrounding Social Security have not been explained fully. Some say because of lack of manpower which I think has a simple solution – hire people. Certainly, it made the current condition even worse.

With the threat of foreclosure, worsening health, homelessness, bankruptcy or family disintegration, benefits from the system would surely go a long way.

NOSSCR advised claimants to attend the Congressional hearing this March 12 and share their stories.

Government has the power to change and cure this backlog problem. By sharing your stories, they would be apprised of how bad it is.

Stimulus Check for SSI and SS Recipients

noreply@blogger.com (SS Advocates) — Wed, 25 Feb 2009 05:14:00 +0000

President Obama was just being true to his promise of leading America in its quest of rising above political controversies and crises. Obama’s Administration started off with a stimulus plan.

In the plan, no one is left out. Even SS recipients who do not work have a social security bonus. Normally, they are not eligible for tax credits as they do not work. However, the American Recovery and Reinvestment Act of 2009 allocated a one time payment of $250 to all social disability recipients.

The beneficiaries need not do anything to get the amount. Come May 9, 2009 the recipients could hopefully get their share.

The government should be a government of people. As the president finds ways and means to make America the greatest place to live, we should also do our part to help and support the government in its quest for a better America.