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

Obama on Social Security and Medicare

Two days ago, a new president was inaugurated, ushering in the dawn of a new era. Though these are tough times for our nation, hopes and expectations are high. What is in store for social security and medicare?

Just days before being sworn in as our country’s 44th president, Obama pledged to shape a new Social Security/Medicare “bargain” with the American people, explaining that the country’s long-term economic recovery cannot be achieved unless the government gains control over its most costly entitlement programs. With this in mind, Obama will convene a “fiscal responsibility summit”.

Recognizing that social security is a critical issue, President Obama said “What we have done is kicked this can down the road. We are now at the end of the road and are not in a position to kick it any further. We have to signal seriousness in this by making sure some of the hard decisions are made under my watch...”.

President Obama did not outline any specific fixes for Social Security and Medicare, but he was confident he could solve the problems with Social Security. Turning to Medicare, the new president opined, “The big problem is Medicare, which is unsustainable... We can’t solve Medicare in isolation from the broader problems of health-care system.” As reported by the Washington Post, Medicare is projected to be insolvent by 2019. Over the next two decades, Medicare spending is projected to double.

The Commissioner of the Social Security Administration, Michael J. Astrue, welcomed the news that President Obama wants to address this issues of social security and medicare.

Time will tell whether or not the Obama administration will be successful in its endeavor to reform and preserve the Social Security System. For now, let us be hopeful that the Obama administration will turn their “Yes, we can” slogan into Yes, we did.

To learn more about social security law issues, please read social security faq.  To learn more about our social security disability lawyers, please read about dory sutker or suja varghese.

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 SOCIAL SECURITY RETIREMENT
Pardon me for veering off the topic of disability, but I want to say a few words about social security retirement benefits. You may have noticed that the Social Security retirement age is increasing. For many years, full retirement age was 65. But, for persons born in 1938 or later, the full retirement age gradually increases until it reaches 67 for individuals born after 1959.
As primary reasons for raising the retirement age, Congress cited two factors: improvements in the health of elderly persons and increases in average life expectancy.

So, when will you reach full retirement age? Find the year of your of birth below and check out your full retirement age. Quirky fact: If you were born on January 1 of any year, you should refer to the previous year in determining your retirement age.

YEAR OF BIRTH FULL RETIREMENT AGE

1937 or earlier 65
1938 65 and 2 months
1939 65 and 4 months
1940 65 and 6 months
1941 65 and 8 months
1942 65 and 10 months
1943-1954 66
1955 66 and 2 months
1956 66 and 4 months
1957 66 and 6 months
1958 66 and 8 months
1959 66 and 10 months
1960 and later 67

The earliest a person can start receiving Social Security retirement benefits is 62. If you elect to take benefits at 62 (or at any time between age 62 and full retirement age), your benefit amount will be reduced.

To find out more about your retirement benefits, you can go to social security 
 

To learn more about social security issues, please read our social security faq.  To learn more about our social security lawyers, please click on our firm bios and read about Dory Sutker, or Suja Varghese, or watch our social security video testimonials.

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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.

Reconsideration
When your initial application is denied, you file a Request for Reconsideration. This means a different SSA examiner will review your file and the medical evidence within it, and determine whether your impairment(s) satisfy SSA’s regulations. Most claims are also denied at this level.

Hearing
When your reconsideration is denied, you file a Request for Hearing by Administrative Law Judge. This means that your file will now be transferred from the regional/field office to the Office of Disability Adjudication and Review. At this office, an administrative law judge (ALJ) will get the opportunity to review your file.

The ALJ has the ability to award benefits based on the records already within the file or schedule a hearing to obtain testimony from the applicant.

This level is where most applicants are awarded disability benefits.

Prior to a hearing, you and your representative/attorney will have the opportunity to review the file that SSA has developed, and submit additional evidence as necessary. Once at the hearing, the ALJ will elicit testimony from you, often from a Vocational Expert, and sometimes from a Medical Expert when necessary.


What can I do to strengthen my case?
There are many things that can help or hurt your case. We have described some of the most critical ones below.

Obtain medical treatment. SSA requires objective medical evidence to support a finding of disability. This means everything from emergency room visits, to your primary-care physician’s office notes, to diagnostic testing, such as MRIs, EEGs, and bloodwork. Even if you are unable to attend appointments as frequent as recommended, maintaining a journal – including your diagnoses, the symptoms you suffer, the treatment you have attempted, and the effect of the treatment on your impairments – can be helpful to yourself and your physician(s), and can also be submitted for SSA’s review.

Maintain compliance with medical treatment. This means attending all appointments that your treating physician(s) schedule, following up on referrals, and following medication as prescribed. If you have complaints about a prescribed treatment, tell your doctor, they may be able to provide a more comfortable alternative; do not decide to discontinue a particular treatment without consulting medical advice.

Also worth mentioning: taking anything that your physician(s) have not prescribed can damage the value of the medical evidence and your credibility; abstaining from the use or abuse of alcohol or illegal substances can only help your case.

Maintain contact with SSA. SSA will be corresponding with you by phone and mail. You need to be accessible to them, so you must keep your contact information with them current. For example, once you receive a denial, SSA requires that you file the appropriate appeal within sixty (60) days of the date on the notice of denial. If your contact information with SSA is not current, you may not receive the denial and subsequently miss the appeal deadline, and have to start your application over from the beginning. SSA rarely grants exceptions for when an appeal deadline is missed. Another example: SSA may schedule an appointment for you to meet with an interviewer, a doctor, or an administrative law judge. If you fail to attend that appointment, they may dismiss your claim, again causing you to start your application from the beginning.

Maintain compliance with SSA’s requests for information and evidence. SSA considers any and all medical impairments you are suffering from, including physical and mental health issues. If you do not inform them of an impairment, they do not know to consider it. SSA may pay for certain medical evaluations, so it is important that you keep your contact information up to date, and that you attend all appointments they schedule.

Maintain contact with your attorney. If you retain an attorney to assist you in your claim, make sure you stay in contact with them. Be sure to update them with current valid contact information for you, and for an emergency contact should they be unable to reach you. If you move or change your phone number, be sure to inform your attorney.

Keep your attorney up to date regarding any new diagnoses or treatment you are receiving, especially if it involves new providers/hospitals/clinics/ERs. This is important so that your attorney can make sure all relevant medical records will be obtained and submitted to SSA.

Very important: be open and honest with your attorney. If your attorney knows everything about your case, then he/she will be able to advocate for you effectively. It is better for the attorney to know about something negative in your history and be able to prepare for it, than to be surprised by it at the hearing. Contradictory information will damage your credibility in front of the ALJ, and negatively impact your chances of being awarded benefits.

The law firm of Greenberg & Bederman has years of experience in representing Social Security disability claims, for disabled children, disabled adults, and disabled widows/widowers.

Should you, or someone you know, require representation, please contact our office for a free consultation.

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 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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"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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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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