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

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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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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:

Male                                                                           Female

Jacob                                                                           Emily

Michael                                                                        Isabella

Ethan                                                                            Emma

Joshua                                                                          Ava

Daniel                                                                           Madison

Christopher                                                                  Sophia

Anthony                                                                       Olivia

William                                                                        Abigail

Matthew           `                                                           Hannah

Andrew                                                                        Elizabeth

Next I wanted to know, how did the metro DC area compare with the rest of the country. Well, let’s see. Females first, just because I am female.

D.C.                                                    Maryland                                Virginia

Ashley                                                  Madison                                   Madison

Sophia                                                  Emily                                        Abigail

Katherine                                             Ava                                          Emily

Elizabeth                                               Olivia                                       Olivia

Caroline                                               Abigail                                      Emma

Kayla                                                   Sophia                                      Isabella

Madison                                               Emma                                       Hannah

Olivia                                                   Isabella                                     Ava

Isabella                                               Hannah                                     Elizabeth

Abigail                                                  Grace                                       Sophia

Now, the male names:

William                                                Michael                                    William

John                                                     Christopher                              Jacob

Christopher                                          Joshua                                      Christopher

Michael                                                Jacob                                       Joshua

Anthony                                               William                                     Michael

Alexander                                             Ethan                                        Ethan

Daniel                                                   Ryan                                        James

Kevin                                                   Matthew                                   Matthew

Andrew                                                Anthony                                   Ryan

Noah                                                    Alexander                                 John

            So, what does this tell us?   sswebsite Looking at the list produces no answers for me. It only dredges up a ton of questions. Why do some names seem timeless while others seem to go in cycles? Will some of the names which have come and gone, spring up again in future generations? What makes a name have staying power?

            I showed the list to some of my coworkers. One said she didn’t believe it was accurate. We set to work to figure out why some seemingly very popular names didn’t make the top ten list. Our theory boiled down to this. Different spellings of the same name are treated as separate names not taken as an aggregate. So, for example, Aiden was number 27, Aidan was number 54, Ayden was number 102, Aden was number 264, Aydan was number 598, Aidyn was number 818, and Adin was number 983.

            Check out the information for yourself and run your own inquiries at the sswebsite.

To learn more about Social Security issues please see social secuity disability law.  To learn more about our social security disability lawyers in Maryland, please click social security disability lawyers and go to the bios of Dory Sutker or Suja Varghese..

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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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UPDATE ON THE PROPOSED CHANGES — PARTIAL VICTORY

According to the National Organization of Claimants’ Representatives (NOSSCR) more than 500 comments were submitted to the Commissioner of the Social Security Administration (SSA) protesting the proposed new regulations. The restrictions on the submission of evidence received almost unanimous criticism. As a result, Commissioner Astrue suspended further action on at least two of the proposals. Specifically, he suspended further action on the "five day rule" for submitting evidence before the hearing and closing the record on appeal.

In further news on the subject, Commissioner Astrue stated that SSA will be meeting with claimants’ organizations to discuss the provisions in the proposed rules. It’s nice to know, that someone reads the letters submitted to the Commissioner and that they had real impact. This is an example of democracy at work and proves that citizens can make a difference.

Speaking of citizens making a difference...don’t forget to get out there and VOTE !
To learn more about social security issues, please click on our website at social security disability law and go to the social security tab.  To learn more about our social security disability lawyers, click on social security disability lawyers maryland, and read our attorney bios on Dory Sutker and Suja Varghese.

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Birthdays- The upside to being over the hill.

A friend of mine turned 40 a few weeks ago. For months prior to her birthday, she was singing the blues about turning the BIG 4-0. I tried to cheer her up by telling her that 40 was practically the new 20. Not surprisingly, she didn’t buy that. But, she perked up when I told her that by social security standards, she was still a younger individual. What’s more, she still had years to go in the younger individual category. Under the regulations, anyone under 50 is a younger individual. I was glad I could make her smile.

Another friend (yes, I have more than one friend) turned 50 yesterday. He wasn’t taking it well. It was hitting him hard. I figured it wouldn’t be helpful to explain that, under the social security regulations, he was now officially "closely approaching advanced age". But, I had to smile when I remembered something that happened a few months ago. My legal assistant, Lacie and I were working like busy little bees when a phone call came through. Ever ready, Lacie answered the phone and was greeted with a booming voice saying, "Hi, it’s Mike (not his real name). It’s my birthday. I’m 50!".Recovering quickly, but taken aback, Lacie muttered her congratulations. "Yes", Mike replied, "Dory said it would be easier for me to get my social security disability after I turned 50". Now, here was a guy who was delighted to turn 50.

With some important exceptions, it is easier to prove disability when you are 50 years of age or older. The reason why is that social security recognizes that as one ages, it becomes more difficult to adapt to new situations. Thus, at age 50, under many circumstances, if one is limited to sedentary (sit down) work, one is disabled.

So, as Mike realized, there is a upside to birthdays after age 49.

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

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Flipping burgers

We screen quite a few cases every day. As part of our screening process, we often ask prospective clients under the age of 50 if they could do a light duty job. A frequent reply goes something like this, " yes, I could do a job flipping burgers but that won’t pay my rent".

It may be true that flipping burgers doesn’t pay a handsome sum, but if you are capable of performing that type of job, you probably aren’t disabled. In order to prove disability, you have to demonstrate that you are unable to do any type of work, including sit down work.

When we ask claimants why they couldn’t do a sit down job, many reply that they lack the education. This may be true. But, SSA is talking about unskilled, entry level jobs that a person can learn on the job in 30 days or less. These include jobs like electronic surveillance monitor or gate keeper.

For more information on this subject, see blog entitled " But no one will hire me".

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

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Drunks get paid, don’t they?



"I don’t understand why Social Security denied my claim for disability benefits. I can’t work. I have excruciating pain. I know someone who is just a drunk/alcoholic/druggie and he/she got benefits in less than a month." I hear variations on this theme almost daily.

My guess is that the person who got the benefits in less than a month (or whatever time-frame) has more going on than substance abuse. Under the Social Security regulations, a claimant cannot receive benefits if substance abuse is material to disability. The key factor in determining whether substance abuse is material to disability is whether SSA would find a claimant disabled if the substance abuse stopped. Thus, one cannot be disabled simply from substance abuse.


Having said that, there are cases in which substance abuse plays a role in the case. For example, a person whose drinking caused irreversible end-organ damage to his/her pancreas or liver will be able to prove disability. If one burns out enough brain cells from substance abuse, he/she may qualify for benefits. But, even in these cases, there is more than just being a substance abuser.


Sure there are some cases of claimants gaming the system. If you know someone who is receiving benefits simply because of substance abuse, then report it to SSA. You can do it anonymously.


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

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"But no one will hire me"



"Why can’t you work?", I asked the client. "Because no one will hire me", the claimant replied. That may be the case, but that won’t get you disability benefits. It is not one of the factors SSA can take into consideration. In order to get disability benefits you have to demonstrate that you are unable to work.

SSA is allowed to consider 5 factors in determining whether there is any work an individual can do. The factors include age, education, skills, residual functional capacity, and non-exertional impairments. With regard to age, the SSA recognizes three broad age categories: under 50 is young, 50-54 is closely approaching advanced age, and at 55 one becomes of advanced age. Generally, the younger you are ,the harder it is to prove disability. Education may play a large role in cases in which the claimant is over 44 years of age and doesn’t know how to read or write.

Skills are an issue in cases with claimants over 50 years of age. Usually, the more skills one has the more difficult it is to prove disability. Residual functional capacity refers to physical limitations: how long you can sit, stand, walk, etc. Finally, non-exertional impairments refer to problems concentrating, paying attention, persisting at tasks, staying on pace, working within a schedule, etc.

It is important to understand some of the factors SSA is not allowed to consider. SSA cannot consider whether you have ever heard of the job, whether you would or would not like the job, whether it pays what you used to make (if you can do a minimum wage job that satisfies SSA), whether anyone will ever give you an interview, whether anyone will ever hire you, or whether you have transportation to and from a job site.

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

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"But no one will hire me"



"Why can’t you work?", I asked the client. "Because no one will hire me", the claimant replied. That may be the case, but that won’t get you disability benefits. It is not one of the factors SSA can take into consideration. In order to get disability benefits you have to demonstrate that you are unable to work.

SSA is allowed to consider 5 factors in determining whether there is any work an individual can do. The factors include age, education, skills, residual functional capacity, and non-exertional impairments. With regard to age, the SSA recognizes three broad age categories: under 50 is young, 50-54 is closely approaching advanced age, and at 55 one becomes of advanced age. Generally, the younger you are ,the harder it is to prove disability. Education may play a large role in cases in which the claimant is over 44 years of age and doesn’t know how to read or write.

Skills are an issue in cases with claimants over 50 years of age. Usually, the more skills one has the more difficult it is to prove disability. Residual functional capacity refers to physical limitations: how long you can sit, stand, walk, etc. Finally, non-exertional impairments refer to problems concentrating, paying attention, persisting at tasks, staying on pace, working within a schedule, etc.

It is important to understand some of the factors SSA is not allowed to consider. SSA cannot consider whether you have ever heard of the job, whether you would or would not like the job, whether it pays what you used to make (if you can do a minimum wage job that satisfies SSA), whether anyone will ever give you an interview, whether anyone will ever hire you, or whether you have transportation to and from a job site.

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

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NOSSCR (National Organization of Social Security Claimants Representatives) has published the new SSA budget information.  I've recapped the infomation as follows:

Update on the 2008 Budget for the Social Security Administration

Although the Social Security Administration (SSA) did not get the budget it hoped to receive, SSA fared pretty well, given the circumstances. Originally, the House of Representatives and the Senate recommended a funding level of $275 million over the President’s budget. This recommendation was vetoed by the President. Since, there were not enough votes to override the veto, a new bill was drafted. There was talk that most federal agencies would receive only the President’s request.

In the end, the new bill provides SSA with a 2008 budget of $150 million over the President’s request. This gives SSA $451 million over their 2007 level of funding.

The hope is that the $150 million will permit SSA to hire more administrative law judges and staff so that they can move the cases along in a more efficient and expeditious manner.

The President is expected to sign the new bill. If he signs it, this will be the first time in ten years that SSA has received at least the President’s request.



*Source: NOSSCR

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

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New Changes make things tougher for claimant

Navigating the process for filing social security disability claims has always been fraught with obstacles. It’s time consuming to all, frustrating to almost all applicants, confusing to most, and incomprehensible to many. Stiff penalties such as dismissal are applied to those that do not comply with certain requests and/or time limitations. Now, ostensibly in an effort to speed up the processing times, the commissioner for social security is proposing new regulations.

While it is admirable that the Commissioner wants to accelerate the disability process, the new proposed changes contain many requirements that are adverse and unfair to claimants. In fact, the proposal seeks to transform the very character of the disability program from an informal, non-adversarial one to a complex, legalistic, formal one.

Under the proposed changes, there are more time limitations. Failure to comply with the strict time limitations can result in dismissal. Some of these new time limits do not have a "good cause " exception. For example, under the new proposal, one has five (5) days after receipt of the hearing notice to acknowledge receipt of same. Failure to comply can result in dismissal.  A harsh penalty indeed, for a simple failure to acknowledge receipt of a document.

Good cause factors for rescheduling hearing dates have been severely curtailed under the proposal, placing nearly total discretion in the Administrative Law Judge. Without these criteria, will more hearings be dismissed inappropriately because the claimant is unable to attend?

The proposal includes a requirement that the Request for Hearing include a statement that lists the "medically determinable impairments" preventing work. What happens if an impairment is left out of the list? Will the judge be allowed to consider it? Will the judge use the omission to find that the claimant is not credible? Claimants should not be limited only to those impairments listed at the time of their Request for Hearing.

These are only a few of the new proposed changes. But, just by looking at a few of the proposed regulations, one can see how these changes may well become a procedural trap for the claimant.

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 maryland, and read our firm bios on Dory Sutker or Suja Varghese.

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