Washington DC Metro Injury & Disability Lawyer & Attorney : Greenberg & Bederman : Accidents, Falls, Medical Malpractice : Maryland, DC, Virginia

The year is drawing to a close and soon it will be 2009. Looking ahead to the future, what changes can a Social Security Income recipient expect? The answer is an increase monthly maximum amount.

The new monthly maximum for an individual receiving SSI will rise to $674.00. An eligible individual and eligible spouse will receive a monthly maximum benefit of $1011.00. Yes, it’s still woefully inadequate but the amount is headed in the right direction.

TO learn more about Social Security issues, please click on social security maryland.  To learn more about our social security lawyers, please click on about our firm, and read about Dory Sutker, or Suja Varghese.

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To learn more about social security law, please read social security frequently asked questions on our website.  To learn more about our social security lawyers, please read about our firm and read about Dory Sutker or Suja Varghese.

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In an effort to reduce the backlog of cases pending at the hearing level, Social Security Administration Commissioner Astrue made increasing the Administration Law Judge (ALJ) productivity one of his key initiatives. The goal was having all ALJ’s issue 500-600 dispositions each year. How did the Social Security Administration (SSA) fare?*

            The average number of case dispositions per ALJ increased 13% from FY 2005 to FY 2007. While the majority of ALJs fall into the range of 400-700 dispositions per year, there is wide variation ranging from a low of 1 per year to a high of 2,592 cases per year. The average case processing times increased from 443 days in FY 2005 to 512 days in FY 2007. This is an increase of 16%. Not surprisingly, there was a huge variation in average processing times for individual ALJs. The lowest was 63 days and the highest was 1,220 days.

Source: NOSSCR, Social Security Forum, Volume 30, Number 7, August, 2008

The full report is entitled Congressional Response Report: Administrative Law Judge and Hearing Office Performance, No. A-07-08-28094 (August 2008eport) It is available online at ssa.gov. 

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Suffering from back pain?

Don't have insurance, or are your doctor's appointments costing too much? How do you feel about a free consultation with the chief of neurosurgery at Harbor Hospital?

That's right, Harbor Hospital is hosting a free online seminar on back pain, with Dr. Charles Park, M.D., Ph.D., on September 12th, from 12pm to 1pm.

This seminar will allow you to have your questions answered confidentially online by an expert neurosurgeon, from any computer with internet access.

Dr. Park is board certified, and specializes in minimally invasive spine surgery.

Interested? Register at Register.

 

* disclaimer: We are not endorsing Dr. Park, his diagnoses, nor Harbor Hospital by publishing this link

 

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SOCIAL SECURITY OBESITY AS A DISABILITY

Quite a few years ago, there was an episode on The Simpsons in which Homer gained a ton of weight, grew out of his trousers and resorted to wearing muu-muus. He lost his job, and went on social security disability. As always on The Simpsons, it was an off the hook parody. But, as is the case in good parody, there were kernels of truth in the mix.

At the time the episode was aired, there was a Listing of Impairment for obesity. If you could prove you were overweight enough to satisfy the weight tables, had documented arthritis of any weight bearing joint, and had pain and limitation of motion in that joint...poof... you were disabled. Many judges disliked that listing because they thought it encouraged lawyers to feed their clients doughnuts by the dozen.

After the Simpsons episode, the Social Security Administration (coincidently?) eliminated the obesity listing. Obesity is still a consideration in determining disability but it no longer has its own listing. However, according to the SSR (Social Security Ruling) 02-1p, obesity, by itself, may be medically equivalent to a listed impairment (or, in the case of a child applying under title XVI, also functionally equivalent to the listings). For example, if the obesity is of such a level that it results in an inability to ambulate effectively, as defined by the regulations, if may be equivalent to a listing.

The Social Security Administration recognizes that obesity can cause limitation of function. The functions likely to be limited depend on many factors, including where the excess weight is carried. An individual may have limitations in any of the exertional functions such as standing, walking, sitting, and lifting. It may also affect ability to do postural functions, such as climbing, balancing, stooping, bending, kneeling and crouching. The ability to engage in fine manipulation may be affected by the presence of adipose (fatty) tissue in the hands and fingers. Additionally, the ability to tolerate extreme heat, humidity, or hazards may also be affected.

 

Other effects of obesity may not be obvious. For example, some people with obesity have sleep apnea. This can lead to drowsiness and lack of mental clarity during the day. Obesity may also affect an individual's social functioning.

So, while obesity no longer has its own listing, it must be taken into consideration. The ruling regarding obesity is somewhat involved. If this is a topic that pertains to you, I suggest you check for more information on www.ssa.gov , post an inquiry, or email me a question.  

 

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Ever wonder how much you’ll receive in retirement benefits from Social Security? Now you can find out the answer. Recently, the Social Security Administration (SSA) added the retirement estimator to its website. The estimator is a planning tool that permits you to get a personalized estimate of your potential Social Security retirement benefit.

It is tied to your actual earnings record so you do not need to enter years of earning information. Your reported earnings are automatically accessed.

The Social Security Administration maintains that the site is secure. According to the Social Security Administration, the estimator does not reveal any personal information such as your address, earnings, or other information. The estimates are only provided online. And, for security reasons, there are time limits for viewing each page. After 25 minutes without any activity, you are given a warning.

The estimator is not for everyone. It is intended for use by those you are not receiving benefits (including medicare) on their own social security record and have enough credits to qualify for benefits. If you are subject to an offset based upon a pension, it is not for you.

One benefit of the estimator is that you can compare different retirement options by entering different dates of retirement or expected earnings. But, keep in mind that estimates are just estimates. The estimator is not adjusted for inflation and it bases its estimate on projected earnings.

To access the retirement estimator go to www.ssa.gov and click on retirement.

To learn more about social security disability law issues please click social security law. To learn about our social security disability lawyer in Maryland, please click social security disability lawyer maryland, and read our firm bios on Dory Sutker or Suja Varghese.

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Social Security Earning Statement
If you are a worker or former worker over the age of 25, chances are good that you have received a social security statement. This statement is a record of the earnings on which you have paid social security taxes during your working years. It also includes a summary of the estimated benefits you and you family may receive as a result of your earnings.

These statements are automatically mailed to workers (and former workers) on an annual basis. You should review it carefully to make sure that all the information is correct. Make sure your name and date of birth are correct. Also check to insure that all your jobs are listed. Employer errors could keep you from getting all the Social Security benefits you have earned so it is important to identify and report mistakes as soon as possible.

If you did not receive a statement or if you want to request another one, you can do so using an online form. Simply visit www.ssa.gov. Your earning statement will be sent to you by US mail in 2-4 weeks. You will need to have the following information available:
name as shown on your Social Security card
Social security number
Your date of birth
Your place of birth
Your mother’s maiden name

If you automatically receive a statement each year, requesting a statement will stop your next scheduled mailing. You will receive the automatic statement the following year.

To learn more about social security disability law issues please click social security disability law.  To learn about our social security disability lawyer in Maryland, please click social security disability lawyer.

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Pain, Depression, Anxiety and Social Security Law


I’m a lawyer not a mental health professional but it seems logical to me that if you are in chronic pain, you are going to be depressed or anxious or both. How can anyone live in pain, day after day, without some degree of depression. After all, your life has changed drastically. Pain interferes with your daily activities and intrudes into every aspect of your life. Naturally, you are going to be depressed about that.

Depression can cause work-related limitations and these can be important in determining whether you meet social security’s definition of disability. But, your depression must be documented and your limitations from depression, if any, need to be ascertainable from the medical record. So, you must talk to your doctor about your depression. Get a referral to a psychiatrist or psychologist. It’s important. The best reason to see a mental health professional is that he/she may be able to make you feel better. A secondary reason is that you can document your depression (or anxiety) and demonstrate that it interferes with your ability to perform work-related activities such as concentrate, persist at tasks, maintain a regular pace, work with others, follow instructions, work within a schedule, maintain regular attendance, etc. These are some of the factors Social Security considers in determining whether you are disabled.

It’s important to understand that psychiatrists treat people with a wide variety of mental or emotional problems. Only a small percentage of their patients are “crazy”. A psychiatrist is the specialist best able to diagnose, treat, and determine functional limitations on mental conditions that require medications. This includes persons suffering from depression, mood disorder secondary to pain or other medical condition, and anxiety. Psychologists also treat a variety of conditions and do objective testing. However, in most states, they cannot prescribe medications. If you feel you are not functioning as optimally as your once did, you should seek treatment from a mental health professional.

To learn more about social security disabiliy law issues please click social security disability law.  To learn about our social security disability lawyer in Maryland, please click social security disability lawyer.

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“I always feel like, somebody’s watching me …”

It’s not just a song from the 80’s, folks. I’ve seen many an injured worker and motor-vehicle accident victim take the stand and testify to not being able to drive, lift groceries, do the laundry, etc., and then, fifteen (15) minutes later, see video footage of them doing all those activities and more.

Although the Social Security Administration won’t hire a private investigator to follow you around, they will pay attention to how you behave 

·         when you meet with their representatives at the local offices,

·         when you meet with their doctors while attending a consultative evaluation, and especially

·         while testifying at your hearing with the Administrative Law Judge (ALJ).

As we’ve discussed before, the ALJ will review all the medical evidence, listen to the claimant’s testimony at the hearing, then determine whether the claimant’s testimony as to the frequency and level of severity of the impairment are not only credible and reasonably supported by the objective medical evidence, but prevent the claimant from performing work-related activities.

Want an example of what NOT to do at a hearing?

Hypothetical claimant complains of having constant, severe pain in his neck and lower back, although there was no objective medical cause to be found in his medical records (translation: all his diagnostic testing came back normal.)

At the hearing, he testified to being able to “walk all day, every day, all night, every night, one to two miles.” It could be argued that some movement can help relieve pain, but “all day, every day,” and “one to two miles”? I didn’t buy it, and neither did the judge.

And, to put the last nail-in-the-coffin to destroy any chance of being found disabled, when the ALJ excused this claimant, he proceeded to lift a duffel bag --- the size of an elementary-school child --- up, off of the floor, and over the back of his chair. In fact, when the ALJ saw the claimant do this without any problems, the ALJ asked the claimant “That looks like a heavy bag,” to which the claimant responded “Oh, yes, sir.”

I think you get the picture. And I’ll leave you with this: I’ve heard rumor that there is an ALJ in Maryland who, upon completion of testimony and closing of the hearing, looks out the windows of the building, to observe how the claimant is able to walk/stand/lift/carry when they think no one is watching.

To learn more about social security disability law issues, please see our website at G&B Website-social-security.  To learn more abour our social security disability lawyer in Maryland, please see our website at Website-about-us.

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Frustrated with not being able to reach your local social security office by telephone? You are not alone. Recently the U.S. Senate held a hearing on the service the local SSA’s provide. Not surprisingly, testimony revealed that there are a huge number of telephone calls that go unanswered.  

The Government Accountability Office (GAO) investigated 21 field offices and some of their findings are appalling. It’s true staffing has been reduced. And it’s also true that despite the reduction in staff, thanks to increased productivity by the remaining workers, most of the demands have been met. But, in order to meet demands, very important work has been sacrificed.

The staffing reductions have resulted in unanswered phone calls, longer waiting times, and uncompleted work.

Unanswered phone calls: Staff at 13 of the 21 field offices investigated by the GAO acknowledged that their phone service was inadequate. Two offices revealed that phones were not answered at all!

A survey conducted in 2006 found that 51% of customer calls to 48 randomly selected field offices went unanswered. The actual number is most likely higher because the results were based only on those customers who ultimately got through. And, let’s not forget, that staff has been reduced since 2006.

No wonder it seems impossible to reach the field office.

Longer waiting times: Waiting times for persons visiting their field office increased by 40% between the years 2002 and 2006. In 2007, about 3 million people waited more than one hour. More than 400,00 people waited more than 2 hours for service. 

Uncompleted work: Field offices triage their work. The focus is on “core” workloads such as processing new claims and issuing Social Security cars. Other workloads have been put on a lower priority or deferred. This includes changes of address and changes to direct deposit information. No wonder SSA never seems to send notices to the correct address!

 Source: NOSSCR, Social Security Forum, Vol. 30, No 5, May-Jun

To learn more about social security disability law issues please click social security disability law. To learn about our social security disability lawyer in Maryland, please click social security disability lawyer. 

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What will it cost me to get copies of my Social Security medical records

The cost of medical records varies quite a bit from case to case. The cost depends upon several factors such as the number of pages requested the state in which the medical source provides services, and the purpose of the request for records.

Some states such as Alaska, Colorado have no statute limiting the cost of copying medical records. In such states, HIPAA (Health Insurance Portability and Accountability Act of 1996) provisions would apply. Under HIPAA, providers can charge a “reasonable” fee for copying records. The actual postage may also be charged. HIPAA rules also provide that providers have thirty (30) days to respond to requests for records. One thirty (30) day extension can be granted for good reason. State laws may provide for lower fees or shorter response times.

Continue Reading...

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Update on processing times.

This may be surprising news for claimants serviced by the Washington, DC hearing office but the DC office is the 8th fastest in the nation in terms of getting a hearing date. An analysis of the data in May, 2008, revealed an average processing time of 330 days.

The news for claimants serviced by the Baltimore hearing office is less rosy. They have fallen down to number 78 in the country. Average processing times there were 494 days.

The news about DC processing times is somewhat remarkable as that office was down one administrative law judge for a few months. Another ALJ retired this past month so we will see if they are able to keep up the pace.

Of course, you should keep in mind that getting a hearing date is not the only factor you need to consider. You want your case to be heard in a timely fashion but, you also want your case to be heard by a knowledgeable, fair, and impartial trier of fact.

Source: NOSSCR, Social Security Forum, Vol 30, No 5, May-June 2008

To learn more about social security disability law issues please click Maryland social security disability law. To learn about our social security disability lawyer in Maryland, please click about us and read the firm bios on Dory Sutker or Suja Varghese.

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Don’t’ Give Up!

If you ask me, ( and yes, I know you didn’t), one mistake people applying for disability make, is to give up too easily.  When they receive a denial at the initial stage, many people fail to appeal. They figure they’ll just get turned down again.  And, yes, at reconsideration, there is a good chance that they will get turned down again.  But, at the third level (hearing level), they have their best shot at getting disability insurance awarded.

You can check the exact figures in one of my previous entries but about 20% of the claims get approved at the reconsideration level and more than half get awarded benefits at the hearing level.
So, in most cases*, unless you believe you are capable of working, you should file an appeal. It’s not difficult to do and you can always seek the assistance of a representative.

*There are some cases where it may be a disadvantage to take your claim through the hearing level. Therefore, if you are appealing, it is a good idea to seek representation. Call one of our social security disability lawyers in Maryland, or go visit our frequently asked questions on our website at G&B-social-security-law.

To learn more about social security disability issues, please see our website at G&B Website and click on social security frequently asked questions.

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Social Security Administration Insurance


Here is an argument I hear over and over again from clients:“I paid into Social Security for years and I only want to get back the money I put into the system. Why do they make it so difficult for me to get back my own money?”

In reality, when you file a social security disability claim, you are not trying to just get your own money back. Nor would you want just that. Generally speaking, the money a person may have paid into social security over the years would not last very long if that was all a person could receive from the agency.

Let’s look at this a little closer. Most people are aware that employees must pay a tax or contribution usually referred to as FICA. This stands for Federal Insurance Contributions Act. For employees* in 2008 the tax rate (or contribution) is 6.2%** of income up to $102,000. So, the maximum amount a person pays into the system in a year is $6,324. Thus, if you had annual earnings of $102,000 or more in 2008, under the above argument you could only receive $6,324 a year. This translate to a monthly benefit of $ 527.00. This is way below the actual amount a higher earner would receive for his/her monthly benefits.

So, for social security disability purposes, think of your payment of the social security tax like a premium for insurance benefits. When you make a claim on a insurance policy, you expect the insurer to investigate the claim. Accordingly, you should expect SSA to investigate your application.

* The tax rate for self employed individuals is different.
** This does not include the Medicare tax.
Sources: www.ssa.gov; www.nosscr.com

To learn more about social security disability issues, please click here or to read about our social security disability lawyers in Maryland, please visit our website at G&B website.

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"I already have an attorney, but I am looking for a new one."

If I had a dollar for every time a potential client calls and tells me that, I would be a happy camper. Or I would at least be able to afford to fill my gas tank. But I digress.

So you have finally come to terms with filing a claim for disability benefits --- or any type of claim, such as a motor vehicle accident, slip and fall, or work-related injury --- and it seems like you have no idea what's going on with your case, and you are unhappy with whatever contact you have had with your attorney's office.

What's my advice? It's the same thing I would say to you if you told me you were unhappy with your medical treatment, your job, or your apartment.

Step 1: Make an appointment to speak with someone about your concerns.

For your medical treatment, it may be your doctor. For your job, it may be your supervisor or the human resources department. For your legal claim, it would be your attorney. Yes, we are busy, but we will make time to speak with you. If you are unable to find or afford transportation to meet with your attorney, you can make a phone appointment to discuss your case.

Step 2: Before your appointment, try to make a list of your questions and concerns, and ways to solve them.

Are you confused about what to expect and what's taking so long? When you retain our firm, we will  

            1) discuss with you exactly what to expect during the handling of your case,         

            2) explain the expected time frames,

3) inform you of when you can expect for us to check in with you and update you on the status of your case, and

           

4) let you know how much our representation will cost.

In fact, one of the documents you sign when you hire us answers all these questions.

What type of solutions could you suggest? If you are concerned that you never hear from your attorney's office, maybe you can ask them to send you a monthly statement as to the status of your case, or set up a monthly phone appointment with the attorney or his/her legal assistant. 

Step 3: Wait.

You didn't expect that? Well, you've shared your concerns with the other party, and if you were satisfied with their proposals of how to address your concerns, you have to give it some time to see whether they can follow through with what you have discussed.

If you are satisfied with how your concerns were addressed and the follow through from the firm, then I'd say stay with that firm. They've been working on your case, they seem receptive to your concerns, and it seems like they're keeping up with their side of the bargain.

However, if they were either less than open to your concerns, or followed through very poorly, then …

Step 4: It may be time to look for new representation.

At this point, you've done all you can do, and it may be time to cut your losses.

Contact our office, we will offer a free case evaluation, and let you know what we can do for you.

Please note: we cannot represent you until you have formally discharged your prior representative and they have waived their fees, and we would require written proof of this before we would even consider entering our appearance. But we will be able to offer a free consultation, and give you an idea of whether we would consider accepting your case.

To learn more about social security disability law issues please click social security disability law. To learn about our social security disability lawyer in Maryland, please click social security disability lawyer.

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Determine Social Security Disability  Eligibility


Ever wonder what type of benefits you might be entitled to receive from the Social Security Administration. Wonder no more. You can find out in just a few minutes by going online to Social Security’s website (click here) and filling out their Benefits Eligibility Screening Tool (B.E.S.T.) (Click here to go to the B.E.S.T. tool.) This online questionnaire will help you understand what type of benefit, if any, you may be entitled to receive.

The questionnaire takes you through approximately 40 questions and, at the end, informs you of the type of benefits you may be eligible to receive. It also provides you with links so that you can further explore your eligibility. And, it provides a link so that you can file an application for certain benefits.

The beauty of this questionnaire is that you do not have to divulge your name or social security number. Accordingly, no personal records are assessed. As soon as you close the program, your information is erased.

There are some limitations. This screening tool will not help you determine the amount of your benefits, it won’t screen for whether you have enough credits, and it will not help you calculate Medicare prescription drug plan costs.

But, the questionnaire is great for a quick way to determine your eligibility for various social security programs.

To learn more about social security disability law issues please click social security disability law. To learn about our social security disability lawyer in Maryland, please click social security disability lawyers.

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Why Can’t You Work?

“Why can’t you work”, I ask the client. “Because I have arthritis”, replies the claimant. The diagnosis is helpful as a starting point but it doesn’t really tell me why the individual can’t work.
What matters is how badly the person is affected by the condition/disease. This is true for almost all conditions, even cancer.

Granted the diagnosis of cancer is scary to anyone, but there are many cancers which can be treated and cured in far less than 12 months, with little to no lasting effect. Of course, there are cancers which cause great and, often, prolonged suffering. The issue in each case is how sick is this particular cancer patient and how long is this person going to remain sick.

While the diagnosis of cancer strikes fear in the hearts of most people, the majority of people do not think of skin diseases being disabling. And, as a rule, while they are annoying, they are not considered disabling. Nonetheless, there are cases in which a skin disorder can rise to the level of disability.. The severity of skin conditions is assessed by considering the extent of the lesions, frequency of flare-ups, how the symptoms limit the particular individual, the extent of the treatment, and how the treatment affects the individual.

In the case of my client with arthritis, the question is “how is this individual affected by his/her condition”? In determining this, one must look at many factors including what objective findings are present, which joints are affected, how does this effect the person’s ability to walk, sit, stand, lift, etc, whether there are exacerbating factors such as obesity, whether there are side effects from medication that imposes limitations on one’s ability to concentrate, stay on pace, and/or persist at tasks, whether assistive devices are necessary, and whether there are any joint deformities, etc.

With very few exceptions, the mere fact that a person has a certain disease does not guarantee that the person will or will not be found disabled. It all depends on how sick/impaired the individual is. Remember that the diagnosis alone will very rarely be enough to prove disability.


Sources: 20 CFR §404, Subpart P, Appendix 1, www.nosscr.org

To learn more about social security disability law issues please click social security disability issues.  To learn about our social security disability lawyer in Maryland, please click social security disability lawyer.

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Social Security pays Award in Installments

After two years of waiting and scraping by with Interim Disability Assistance (IDA), Temporary Disability Assistance Program (TDAP), food stamps, a medical card, and some help from friends and family, your Social Security Income claim was finally granted. You received your fully favorable decision and now are primed to receive your retroactive benefits.

After some more anxious weeks (or months) of waiting, a check arrives in the mail. With much anticipation, you rip open the envelope to discover that the check is only for three months worth of benefits. Shaking with anger, you call your attorney simply to discover that the Social Security Administration was correct. What? Why?

The simple answer is that this is the law. In 2006, President Bush signed a bill (S. 1932, Deficit Reduction Act of 2005) which, according to the SSA website, “requires that past-due monthly SSI [social security income] benefits that exceed three times the maximum monthly benefit (Federal benefit rate plus State supplementary payment amount, if any) payable to the individual be paid in up to three installments, 6 months apart”. The law also limits the amount of the first two installments to three times the maximum monthly benefits.(The maximum amount for an individual in 2008 is $637.) In the third installment you can receive the balance due.

There is an exception. In certain cases you can receive an increase. If you have outstanding debt relating to food, clothing , shelter, or necessary medical needs, you can request an increase. In such a case, you should gather proof of the outstanding debt or necessary medical need and contact your local office about obtaining an increase.

To learn more about social security disability law issues please click social security disability law. To learn about our social security disability lawyer in Maryland, please click here.

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I’m not a doctor and I don’t play one on t.v. but, as a social security disability attorney, I have read a mountain of medical records. I’ve learned a lot through the years including how to decipher some really horrible handwriting. But, one scary thing I’ve noticed is that the records are rarely completely accurate. Some of the inconsistencies may be relatively minor and totally inconsequential to a social security disability claim. But, others can be extremely problematic.

Simple typos can create huge obstacles. For example, if the physician leaves out an important word like "not ", the whole meaning of the notation can change. And it may make all the difference in the world. For example, the doctor may write, "the patient states that he can walk 1 block without pain" when he meant to write "the patient states that he cannot walk 1 block without pain". You would be surprised how many mistakes like this happen.

Sometimes the error involves identifying the wrong extremity. This can lead to confusion, or in some cases, it can lead to a question of credibility. I see lots of incorrect data and it can lead to many problems including questions of identity.

Grammatical errors account for some of the problems. Simply using the wrong tense can create difficulties. Notations such as "patient is an avid hunter" instead of "patient was an avid hunter" can lead to misperceptions of current functional capacity.

Continue Reading...

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Expediting Veteran's Disability Claims
Recognizing their service to the country, the social security administration has instituted procedures for expediting claims of disabled military personnel. The benefits available from Social Security are different from those from the Department of Veterans Affairs and require a separate application.

The expedited process is used for military personnel who become disabled while on active duty on or after October 1, 2001, regardless of where the disability occurs.

Persons may apply for disability benefits at any time while in military status or after discharge, whether they are still hospitalized, in a rehabilitation program, or undergoing out-patient treatment. Active duty status and receipt of military pay does not necessarily prevent payment of disability benefits.

If you believe you qualify, you should apply as soon as possible. You may apply online at VA_BENEFITS , in person at your local office, or by telephoning 1-800-772-1213. If you are hard of hearing or deaf, the TTY number is 1-800-325-0778.

For further information please see the SSA Website.

To learn more about Social Security Disability issues please see our website and click on Social Security disability lawyer at G&B Website/social-security

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I confess, I jump onto the social security website several times a day to look up various rules and/or regulations. I usually just go straight to the law and legislation section but today, for some reason, I started to browse. There is some interesting information on the website that I just didn’t expect to find.

For example, there is a list of the most popular baby names for every year since 1880. Not only that, but you can check them out by state. And, you can track how the popularity of a name has changed over time. For example, Charles was the 11th most popular name in 1958. Its rank stayed the same or dropped in popularity each year except in 1969 when it moved up one rank. Last year, it was number 69 in popularity.

Now, I was hooked.. So I checked out the top ten names in the United States for 2007. In order of popularity they are:
Continue Reading...

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Processing times at the various hearing offices continue to vary greatly. During the month of February, 2008, the hearing office with the shortest average processing time was Harrisburg, PA. SSA Locator The average processing time for that office was 258 days. Bringing up the rear at number 143, was Indianapolis, IN with an average processing time of 816 days.

During this period, Washington, DC dropped farther down the list to number 36. The DC hearing office had an average processing time of 394 days. Certainly not a great showing but much better than Baltimore which weighed in at number 97 and reflected a processing time of 542 days.

In reading these numbers, please bear in mind that these are average processing times. Some cases may proceed at a much quicker pace and others may proceed at a slower pace. Each case is different.

To learn more about social security disability law issues please click social security disability law.  To learn about our social security disability lawyer in Maryland, please click social security lawyer and go to the firm bios of Dory Sutker or Suja Varghese.

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Social Security Trust Fund- 2008 Report

Through the years we have all heard dire predictions that the Social Security Trust Fund will be exhausted in the very near future. On March 25, 2008, the Board of Trustees for the Social Security Trust Funds issued a report stating that the solvency of the trust funds remained stable in 2007 and may have even improved slightly.* As reported in 2007, the trust funds’ reserves are projected to be exhausted in 2041.  Trust Fund Data

What does this mean? It means that until 2041, more than 30 years from now, the Social Security Trust Funds will be able to pay 100% of promised benefits. This projection assumes no change in taxes or benefits.

What will this Congress do to protect future recipients? Probably nothing. Since the need is not immediate, I do not believe that this Congress will feel pushed into resolving the long-term solvency issue in this election year. However, the Trustees’ report does note that the Medicare problems are more immediate so perhaps, there is some hope that Congress will act.

* The overall actuarial deficit (i.e. the percent of taxable payroll needed to close the gap) has improved.

Source of information: NOSSCR Social Security Forum

To learn more about social security issues please go to social security disability law.
 and click on social security.  To learn more about our social security lawyers, click on social security lawyers, and look at Dory Sutker or SUja Varghese under the firm bios.

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The very word “taxes” sends shivers down my spine. Not just because I don’t like paying them but also because I am afraid of that area of law. While in law school, I swore to my income tax professor that I would never give advice or do a tax return if he just gave me a passing grade. He refused to make that deal with me but, to this day, I never give tax advice or do my own tax return. That said, I am now going to talk about the economic stimulus package which touches on the subject of taxes.

As most of you know, on February 13, 2008, the President signed into law legislation providing “rebates” to millions of people. This includes millions of Social Security recipients. All Title II (SSDI, DIB) beneficiaries who meet the rebate eligibility criteria will receive the rebate. Rebates will be paid under two options:

Questions about Stimilus Options Continue Reading...

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Exercise Your Right to Vote

Many of my clients are caught in a terrible situation regarding health care. When they lose their jobs, they lose their health insurance. COBRA isn’t an option for many of them. It’s simply too costly for those just trying to survive.  COBRA INFO It’s true that some are able to get on medicaid, but for others that’s a long battle, and some just don’t qualify. So, what are they supposed to do for healthcare? How do they get medical treatment? How do they get their medications?

Although my clients often turn to me for answers, I have little advice to give them. I tell them of a few options, but it is clear that a real solution is needed. So, after I inform them of the limited options available, I usually remind them to vote.

We are lucky, that in this country, we have the right to vote. It is a precious right and one that everyone should exercise. Registering to vote is not hard and casting your vote is worth the effort. Let your voice be heard. And, if healthcare for everyone Universal Healthcare is important to you, get out there and vote for the candidate you think will best advance that cause.

Remember election day is November 4, 2008.
To learn more about social security disability law issues please click social security disability law.. To learn about our social security disability lawyer in Maryland, please click social security disbaility lawyer.

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On February 28, 2008, the Commissioner of Social Security (SSA) announced that the agency began making offers to fill 144 Administrative Law Judge (ALJ) positions. (SSA intends to hire a total of 175 ALJs this fiscal year.) This action is possible thanks to an increase in SSA’s budget. The hope is that the additional ALJs will aid in reducing the backlog of cases.

The plan calls for the first hires to report for duty in April. After completing an orientation and training program, the new ALJs will handle a reduced docket. By the end of the year, the expectation is that the new ALJs will be up to speed and capable of handling a full docket of cases.

I certainly applaud the hiring of additional ALJs and hope that this action will, indeed, reduce the backlog. But, I am somewhat skeptical. While I am just a mere observer of various hearing offices, it seems that a large part of the problem lies with the lack of administrative staff. Most offices are woefully understaffed. Although it is clear that you need judges to hear the cases, you also need staff to schedule the hearings, arrange for vocational and/or medical experts, "work up" the cases and get them ready for hearing, notify the parties involved, draft decisions (not all judges write their own), etc. Absent administrative support, the cases still won’t be heard in an expeditious fashion.

Despite my doubts, I salute SSA for taking a step in the right direction. Let’s hope the agency can stay on track.

To learn more about social security disability law issues please click social security disability law. To learn about our social security disability lawyer in Maryland, please click social security disability maryland, and go to our bio section on Dory Sutker or Suja Varghese.

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Filing an application for Social Security disability benefits can be a confusing and often frustrating process. It may seem like you are being asked the same questions and asked to complete the same forms repeatedly. It may also seem like the process is taking an inordinate amount of time. This article will attempt to clear up some issues you may encounter while pursuing your Social Security disability application.

How long does the process take?

Most applicants go through three levels of the application process: initial, reconsideration, and administrative hearing. Social Security Administration (SSA) may take from four (4) to six (6) months to issue a decision at the initial level, six (6) to eight (8) months at the reconsideration level, and about twelve (12) months or more at the hearing level. This is because different SSA entities are reviewing and developing the file, and requesting medical evidence.

Initial application

When you file your initial application, you will be providing the SSA representative with all the information regarding the medical conditions. SSA will then request medical records from all the entities that have provided you medical treatment. Most claims are denied at this level.

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I just got off the phone with a client who informed me that, due to dire financial straits, she is going to get a job. Then she asked , " how will that affect my case" ? The question is common ( I get asked it several times a week) and it seems simple enough.

But, the answer is a little complicated. First, social security (SSA) defines disability as being unable to work. So, if one is working, it’s difficult, if not impossible, to prove one cannot work. Having said that, not all work counts as work. So, when is work not work? Unfortunately, there isn’t a black and white answer to that. But, there are some guidelines. In 2008, if you gross $940.00 or more per month(gross, not take home pay), it is considered substantial gainful activity. If you perform this job for 3 months or less and have to stop due to an impairment, it is usually considered an unsuccessful work attempt. If you do this job for 3-6 months and have to stop due to your impairments, it will probably be counted as an unsuccessful work attempt. But, beware, if you are deliberately keeping the hours down so your earnings will be under the $940 limit, then SSA may find that you are working. Or if you stop working due to reasons other than your impairment, SSA may consider the work to be substantial gainful activity. There are more regulations regarding this issue so, if you are considering a return to work, you should discuss the matter with your attorney.

If you are really able to work, you are almost always better off working. And, if there was a period of, at least, 12 months where you were unable to work, you can request a closed period of disability. That means you can get benefits for the period of time when you were unable to work.

The most important thing to remember is let your attorney know if you are planning on going back to work. That way you can make an informed decision.

To learn more about social security issues please see social security disability law and click on the social security tab.  To learn more about our social security disability lawyers, click onsocial security disability lawyers maryland and read our bios on Dory Sutker or Suja Varghese.

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