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

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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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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"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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The process you go through when applying for Social Security Disability benefits is lengthy and complex. First you make an initial claim. Unless your disability is so serious and obvious, the initial claim is frequently denied. Most of you will need to file a reconsideration of benefits, which is also frequently denied. Following a reconsideration denial, you will need to request a hearing before an administrative law judge. If you are unsuccessful at the hearing, appeals may be made to the Appeals Council and/or Federal Court.

If you have filed an application for Social Security Disability or Supplemental Security Income benefits and your claim was denied, you may now want to begin the appeal process. Please note: You need to act quickly as you only have 60 days to appeal the denial and preserve your claim.


Greenberg & Bederman Practice Areas:

Social Security Disability
Long Term Disability
Personal Injury including auto accidents
Medical Malpractice

www.gblawyers.com

1-888-926-8583
301-589-2200
443-573-1111

What does The Social Security Administration mean by “Disability”?

The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.

For adults, disability under Social Security is based on your inability to work. You are disabled under Social Security rules if you cannot do work that you did before and cannot adjust to other work because of your medical condition(s). Your disability must also last for at least one year.


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.



What is Social Security Disability Insurance (SSDI)?

Social Security Disability Insurance pays benefits to you and eligible members of your family if you are “insured”, meaning that you worked long enough and paid Social Security taxes.


What is Supplemental Security Income (SSI)?

SSI stands for Supplemental Security Income. Social Security administers this program. SSI benefits people with limited income and resources who are disabled, or blind. Blind or disabled children, as well as adults, may be entitled to SSI benefits.




How does Social Security determine “Disability”?

You should be familiar with the process Social Security Administration (SSA) uses to determine if you are disabled. It’s a step-by-step process involving five questions. They are:

• Are you working? If you are and your gross earnings average more than $830 a month in 2005 or $860 a month in 2006 or $900 a month in 2007, you generally cannot be considered disabled.
• Is your condition severe? Your impairments must interfere with basic work-related activities for your claim to be considered.
• Is your condition found in the Listing of Impairments? SSA maintains a list of impairments for each of the major body systems. If you prove that you meet or equal the SSA criteria in the listing, you will be found disabled. If your condition is not on the list, SSA will have to decide if it is of equal severity to an impairment on the list. If it is determined that your impairment is equal to a Listing Impairment, your claim is approved. If it is not, SSA proceeds to the next step.
• Given your impairments, can you do any of the work you did in the last 15 years? If your condition is severe, but not at the same or equal severity as an impairment on the list, then SSA must determine if it prevents you from doing work that you did in the last 15 years.
• Can you do any other type of work? If you cannot do any of the work you did in the last 15 years, SSA then looks to see if you can do other type of work. SSA will consider your age, education, past work experience, transferable skills, and will review the job demands of occupations as determined by the Department of Labor. If it is determined that your impairments prevent you from doing any other kind of work, your claim will be approved.




How is SSI Different From SSDI?

• Unlike SSDI benefits, SSI benefits are not based upon your insured status.
• SSI is financed by general funds of the U.S. Treasury—personal income taxes, corporation taxes and other taxes. Social Security taxes withheld under the Federal Insurance Contributions Act (FICA) do not fund the SSI program.
• In most States, SSI beneficiaries can also get Medicaid (medical assistance) to pay for hospital stays, doctor bills, prescription drugs, and other health care costs.
• SSI beneficiaries may also be eligible for food stamps in every State except California. In some States, an application for SSI benefits also serves as an application for food assistance.
• SSA pays SSI benefits on the first of the month for the entire month.
• To get SSI benefits, you must be disabled, or blind, and have “limited” income and resources, plus:
__ be a resident of the United States, and
__ not be absent from the country for more than 30 days;
__ be either a U.S. citizen or national, or in one of certain categories of eligible non-citizens.



When do I apply for Social Security benefits?

You should apply as soon as you become disabled.

How do I apply for Social Security benefits?

Generally you don’t need representation to apply for social security benefits. You can apply for Social Security Disability (SSDI) benefits online at http://www.socialsecurity.gov/applyfordisability or you can call 1-800-772-1213, or you can apply by going to your local Social Security office. Note: You cannot apply online for (SSI).


What do I need to apply for Social Security Disability Benefits?

In general, you can shorten the process by bringing certain documents with you when you apply. These include:

• Your Social Security Number
• Your birth certificate
• Your military discharge papers, if you were in the military service
• Your spouse’s birth certificate and Social Security number if he or she is applying for benefits
• Your children’s birth certificates and Social Security numbers if they are applying for benefits
• Your checking or savings account information, so your benefits can be directly deposited
• Names, addresses, and phone numbers of doctors, hospitals, clinics, and institutions that treated you and dates of treatment
• Names of all medications you are taking
• Medical records from your doctors, therapists, hospitals, clinics, caseworkers
• Laboratory and test results
• Summary of where you worked in the past 15 years and the kind of work you did
• Copy of your W-2 Form (Wage and Tax Statement), or if you are self-employed, your federal tax return for the past year
• A copy of your Social Security Statement you receive each year in the mail from the SSA

What will Greenberg & Bederman do to represent me in my disability case?

Every case is different. Your attorney’s role depends on the particular facts of your case. However, a few things an attorney may do are:

• Gather medical and other evidence
• Analyze your case under social security regulations
• Obtain documents from your social security file
• Review actions taken by the Social Security Administration
• Advise you on how best to prepare yourself to testify at your hearing
• Protect your right to a fair hearing by objecting to improper evidence and procedures
• Cross-examine witnesses at your hearing
• Present a closing statement at your hearing arguing that you are entitled to benefits under social security regulations
• Submit a written summary of evidence and argument to the administrative law judge
• Review, suggest changes or make legal objections to written questions, which are sometimes sent by the administrative law judge to a doctor after a hearing requesting a medical opinion
• If you win, monitor your claim until SSA places you in payment status and pays your past-due benefits.

What happens when my claim is approved?

If your application is approved, SSA will send your claim to be processed for payment. There are many factors involved in calculating benefits. [Once SSDI is approved, your first Social Security Disability benefits will be paid for the sixth full month after the date that your disability was established]. If you were approved for SSI, there is no waiting period for SSI benefits.

For example: Your SSDI disability was established on January 15. Your first disability benefit will be paid for the month of July. Social Security benefits are paid in the month following the month for which they are due. So, you will receive your first July disability payment in August.

How much will my benefits be?

SSD:
The amount of your monthly disability benefit is based on your average lifetime earnings. The Social Security Statement that you receive each year displays your lifetime earnings and provides an estimate of your disability benefit. It also includes estimates of retirement and survivors benefits that you or your family may be eligible to receive in the future. If you do not have your Social Security Statement and would like an estimate of your disability benefit, you can request one at www.socialsecurity.gov or call the SSA toll free number at 1-800-772-1213.

SSI: Supplemental Security Income pays benefits based on financial need. In order to qualify you must meet complex financial guidelines set by the Social Security Administration.

An attorney-client relationship has not been formed or established by review of this article; and nothing contained in this pamphlet shall constitute the giving or rendering of legal advice or be construed as a legal opinion, or guarantee of a particular resolution of a legal problem. Information is provided as a public service, and is not intended to be a substitute for competent legal counsel. The information provided is general in nature and may not apply to your circumstances. Under no circumstances should you make legal decisions solely based upon the information provided herein. You should consult an attorney before making any important decision involving a legal matter

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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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