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

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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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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"I’ve worked all my life so why can’t I get my disability benefits?"

One refrain that I hear frequently goes something like this. "I’ve worked all my life but Social

Security" won’t give me my disability benefits. I know a guy who never worked a day in his life and he gets disability benefits". It’s important to understand that SSA has several different disability programs. They have disability insurance benefits, supplemental security income (SSI), widow’s benefits, disabled adult child benefits, and child SSI benefits. Let’s just focus on the first two for now.

In order to get benefits from any of SSA’s programs, you have to prove that you are disabled under SSA’s definition of disability. SSA defines disability as being unable to do any substantial gainful work due to a medical condition which has lasted or is expected to last for at least 12 months in a row. (The definition for a child is different.)

But, each program has  requirements. For disability insurance benefits, you have to prove that you meet the earning requirements. This is where the working all one’s life becomes relevant. The earning requirement is technical and a little difficult to understand. There are some special earning tests for persons under the age of 24 and persons between the ages of 24-31, but the basic test is that a person needs credit for 20 calendar quarters of work during a 10 year period ending in or after a quarter in which disability exists. In addition, one needs at least 40 quarters of coverage over a lifetime. This is called the 20/40 test.

For SSI, no work history is necessary but you must meet the income and resource test. Your income and resources must fall below a threshold level. Spousal income is considered in determining whether the income and resource test is met. So, a disabled, indigent person can get SSI benefits even if he/she never worked a day in his/her life.

Working all your life fulfills one requirement for benefits but you must also prove that you are disabled under Social Security Administration’s definition of disability. (See previous blog entries for discussion of what constitutes disability.)

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 attorney bios on Dory Sutker or Suja Varghese.

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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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