Monday, December 16, 2013

Misconceptions About Social Security Disability Insurance and Supplemental Security Income Benefits


Cari and I have handled over 2,000 Social Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”) claims.  Throughout our years of practice, we have heard all kinds of misinformation and misconceptions about these benefit programs. Given how frequently we hear incorrect information about SSDI and SSI, we decided to do a blog debunking some of the frequent inaccurate statements we hear.

1.       “You have to be off of work for one year before you can file for benefits.”

 This statement is very inaccurate. You do not have to be off of work for 365 days before you can apply for benefits. You just have to be able to prove via medical and/or mental health evidence that your impairment (s) will prevent you from working for 365 or more, or that your impairment will result in death.

 If you have received a diagnosis and your doctor tells you that you will be out of work due to your impairment and medical treatment for a full year, you should put in your application for benefits immediately. Do no wait for your California State Disability to run out. You can file for both SSDI and State Disability simultaneously.

2.       “I have been denied benefits, so it makes no sense to appeal my claim.”

 The majority of people are denied at both the initial application level and again during the reconsideration stage regardless of the severity of the impairment. Applying for SSDI and SSI benefits is a game of frustration. Before giving up on your claim, you should consult an attorney if your doctor has indicated that you have a severe impairment that will prevent you from working for a year or more.

3.       “I am not looking for permanent benefits. I just want partial benefits.”

 The SSDI and SSI programs do not have a partial disability system. You are either found disabled or not disabled. Other areas of disability law like Worker’s Compensation and Veteran’s Service-Connection benefits, do break down disabilities into percentile scales. The Social Security Administration (“SSA”) does not quantify disabilities in this way, however. SSA will either find that you are disabled from all work or that you are capable of performing work in the national economy.

4.       “I can never return back to work if I collect SSDI/SSI benefits.”

 You can return to work if your condition improves. SSA simply requires that your impairment prevent you from working for a year. If you reach medical improvement after this 365 day period and can return to some type of work, you need to contact SSA and let them know that you are starting to work again. Depending on the level of income that you will be earning at your job, you may still qualify for benefits for a period of time.  The crucial thing is that you have to report to SSA that you are returning to work and provide them with a breakdown of your monthly gross income that you will be earning, so they can determine if you are still entitled to benefits.

5.       “People are getting rich off of SSDI/SSI benefits.”

 No one gets rich off of the SSDI or the SSI program. The average national SSDI payment for November 2013 is $1,129.65. The maximum Federal SSI payment that an individual can receive for 2013 is $710.00. No one receives a windfall from the SSA. People stand to earn a lot more money from working than from collecting SSDI or SSI benefits.

6.       “A lot of illegal immigrants are receiving SSDI/SSI benefits.”

 We hear this all the time and it is just not true. You cannot collect either SSDI or SSI benefits, unless you have legal Permanent Residence status in the United States. For any immigrant who came to the United States after 1996, you also had to have 40 credits of work performed in the United States to even qualify for SSI. Thus, immigrants who receive SSDI or SSI do so because they have contributed to the United States economy.

Got a question that you need answered? Please check out our website at www.westcoastdisability.com . We try to provide you with valuable information on our website that may help you navigate the Social Security Disability process. Also, feel free to shoot us an email at info@westcoastdisability.com or call us at (800) 459-3017.

Wednesday, November 27, 2013

Happy Thanksgiving!


West Coast Disability Law Group, LLP, wants to wish everyone a Happy Thanksgiving!

We recognize that dealing with chronic physical and mental health impairments is difficult every day of the year. However, we want to thank our clients for allowing us to lead them through the Social Security Disability process.

 We want to thank our clients' doctors, who take the time to help their patients any way they can, whether it be by sending us medical records or providing a supportive letter on a client’s behalf.

 We want to thank the Social Security employees who show empathy, respect and kindness to our clients, while doing all they can to make sure disability applications are processed properly.

 Lastly, we want to thank our staff, family and friends for all that they do for us every day of the year.

 Please have a happy and healthy holiday weekend!

 Warmest regards,

 Cari and Megan

Friday, November 1, 2013

Social Security Announces a Cost-Of-Living Adjustment for Beneficiaries


The Social Security Administration announced this week that the 63 million Americans receiving Social Security Retirement, Disability and Supplemental Security Income benefits will receive an increase of 1.5 percent in 2014. This Cost-Of-Living increase will take place on December 31, 2013, for Supplemental Security Income recipients. Social Security Retirement and Disability recipients will see the increase go into effect beginning in January 2014. This means that the average Social Security recipient will receive an increase payment of approximately $19 per month, making the average monthly payment $1,294.00 for Social Security recipients. The reason the Cost-Of-Living increase is so low this year is due to the fact that inflation has been low.

 Additionally, the maximum amount of earnings subject to Social Security tax will be increased from $113,700 to $117,000. This means that approximately 10 million people will pay higher taxes as a result of this increase in taxable maximum.

 This news happens to come the same week that 47 million Americans saw their Food Stamps cut by approximately 5%. This means that an average family of four, who traditionally received $668.00 per month, will now see their monthly check lessened by about $36.00.  The reason for this decrease is that the increase allotted in the Supplemental Nutrition Assistance Program from the stimulus package in 2009 has expired.

 Got a question that you need answered? Please check out our website at www.westcoastdisability.com . We try to provide you with valuable information on our website that may help you navigate the Social Security Disability process. Also, feel free to shoot us an email at info@westcoastdisability.com or call us at (800) 459-3017.

Friday, October 25, 2013

The Importance of Medical Records and Mental Health Records in Establishing Social Security Disability Insurance and Supplemental Security Income Claims


Now that the government has reopened and all branches of the Social Security Administration (“SSA”) are back in full swing, Cari and I wanted to discuss the importance of documenting your disability for Social Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”) purposes.  The bottom-line is that if the objective medical findings and clinical findings are not detailed and strong, it will be difficult to achieve SSDI/SSI benefits.
 
While SSA must consider an individual’s subjective complaints and credibility when assessing a claim, if an individual is not in consistent medical treatment with the appropriate medical provider, SSA will deny the claim. Think of it this way – the objective findings trump an individual’s subject complaints.
 
 SSA also has certain rules in terms of evidence it will consider. SSA only gives controlling weight to the opinions of certain medical providers. These acceptable medical providers include:  M.D.s, D.O.s, Ph.D.s, and Psy.D.s. SSA will not give controlling weight to the opinions of chiropractors, acupuncturists, nurses, physician assistants, social workers, or therapists. Thus, if you are not treating with the appropriate medical provider, you will want to get into treatment with a medical source that SSA deems “acceptable.”

 
You also want to make sure you are treating with the correct specialist for the impairment you are alleging. If you are claiming a psychiatric disability, you should be treating and receiving your medications from an actual psychiatrist, not a general practitioner, or an internist.

 
You also want to make sure your doctor is documenting all that you tell him/her in a clear and concise manner in the medical records. After all, if SSA cannot understand or read a doctor’s chart, it will be difficult for SSA to find an individual disabled.

 
Securing a narrative letter or a residual functioning capacity statement from your doctor can also be crucial. These documents in which a doctor lays out an individual’s impairments, symptoms, treatment, prognosis, and limitations can help SSA understand in a very simple summary why a claimant is unable to work. SSA will often have their paid consultative examiners complete these same reports. Since SSA is supposed to give more weight to the opinion of a treating doctor, than that of the opinion of their one-time consultative evaluators, the ability to secure opinion evidence from a treating provider will often make or break the claim.
 
Finally, if an individual does not have medical insurance and is not currently treating with a doctor, the chances of being awarded SSA benefits is slim to none. If you fall into this category, we recommend that you seek out treatment through County plans and facilities, or low-cost and free neighborhood clinics. Under the Federal government’s Health Care Reform, individuals who do not secure health insurance will soon be subject to financial penalties. Thus, we also recommend that you checkout the new exchanges set up by the Federal government to determine if you are eligible for any of their low-cost plans.
 
Got a question that you need answered? Please check out our website at www.westcoastdisability.com . We try to provide you with valuable information on our website that may help you navigate the Social Security Disability process. Also, feel free to shoot us an email at info@westcoastdisability.com or call us at (800) 459-3017.

Friday, October 4, 2013

How The Government Shutdown is Affecting the Social Security Administration


As you all are aware, the government shut down on October 1, 2013, due to Congress’ inability to come to a resolution on an appropriations bill. An agreement has not yet been reached.  What this means is that non-excepted government employees (approximately 800,000) have been furloughed and certain Federal agencies are operating with only staff members who are deemed essential.

The good news is that part of the Social Security Administration remains operational. Social Security Disability Insurance and Supplemental Security Income (“SSDI/SSI”) beneficiaries will continue to receive checks. Individuals can still apply for SSDI/SSI benefits. SSDI/SSI claims can still be appealed. Most other work at the local SSA offices will be suspended. This includes requesting a duplicate Social Security card.

Hearings that were previously scheduled at the Office of Disability Adjudication and Review (“ODAR”) will still take place if the Judge’s clerk was able to prepare the hearing file before the shutdown occurred. No other hearings will be scheduled, however, and no decisions or other correspondences will be written. The ODAR will be operating with a skeletal staff.

The Appeals Council will not be reviewing any cases at all.

For more informational on the government shutdown and how it affects SSA, please visit:


Got a question that you need answered? Please check out our website at www.westcoastdisability.com . We try to provide you with valuable information on our website that may help you navigate the Social Security Disability process. Also, feel free to shoot us an email at info@westcoastdisability.com or call us at (800) 459-3017.

Monday, September 23, 2013

Can I Work and Collect Social Security Disability Insurance ("SSDI") or Supplemental Security Income ("SSI") Benefits?

Working and how it affects SSDI and/or SSI benefits is an extremely complicated matter. SSA affords people a limited opportunity to work, but people must pay close attention to the rules and regulations regarding work attempts, as the parameters are adjusted every year.

Currently, SSA does not consider an individual to be disabled if he/she can earn $1,040 per month. If an individual is blind, SSA will not consider the individual to be disabled if he/she can earn $1,740 per month. These figures reflect SSA’s current standards for 2013, but could likely change for 2014.

However, even if people are working under these above limits, they still could find themselves earning more than SSA allows. For instance, the maximum monthly rate that SSA pays in benefits for the SSI program in California for 2013 is $866.40. If an individual is blind, this amount is increased to a maximum rate of $921.40 in SSI benefits. These figures include the Federal rate of $710, as well as the State supplement of $156.40. Thus, if an individual receiving SSI is able to work and can achieve more than the 2013 SSI benefit rates, this individual may no longer qualify for the SSI program.

 On a different note, the SSDI program allows people to test their ability to work for a nine month period. It is called a Trial Work Period (“TWP”).  An individual is entitled to one TWP in his/her lifetime. A TWP allows an individual to attempt to work for a nine month period (does not have to be consecutive) over a 60-month rolling period. For 2013, any month that individual can earn $750 counts as a month that an individual performed services for the purpose of a TWP.  If an individual earns above $750 for over 9 months (even if it is not consecutive) in a rolling 60-month period, he/she would no longer be considered disabled. If the individual does not achieve nine months of earnings over the $750 level in a rolling 60-month period, he/she could still be considered to be under a disability.

 Regardless of whether you are a SSI or a SSDI recipient, an individual MUST notify SSA as soon as he/she returns to work. Failure to do so can amount to fraud and result in an overpayment. We suggest that you notify SSA by a certified letter, so you have physical proof that you are notifying SSA of a return to work. If you speak to a SSA employee about a work attempt, write down the name of the individual you spoke with and the employee’s phone extension in case you need to refer to it in the future.

 Additionally, if you have returned to work and know you should not be receiving benefits from SSA anymore, return any and all subsequent monthly checks to SSA. If you are registered for direct deposit and receive an improper deposit, do not spend the money and immediately notify SSA of their mistake. After all, SSA will eventually catch their error and ask you for the improper payments back.

 Got a question that you need answered? Please check out our website at www.westcoastdisability.com . We try to provide you with valuable information on our website that may help you navigate the Social Security Disability process. Also, feel free to shoot us an email at info@westcoastdisability.com or call us at (800) 459-3017.

Friday, August 30, 2013

Unemployment vs. Social Security Disability Benefits

It is important that our clients disclose to us what other type of benefits they are receiving if they are applying for Social Security Disability (“SSDI”) or Supplemental Security Income (“SSI”) benefits. This is especially true if an individual is receiving Unemployment Insurance (“UI”) benefits.

The Social Security Administration (“SSA”) is suspect of anyone who is receiving or is attempting to receive SSDI and UI benefits simultaneously. The reason concurrent applications for these two benefits are questionable is because each program has its own unique definition and qualification standards. In order to qualify for SSDI, you must be unable to work for at least 12 months or more due to a physical or mental impairment, or combination of impairments, or your impairment (s) must be likely to result in death. Thus, people applying for SSDI are not actively looking for work, due to the fact that their impairments prevent them from working. On the other hand, in order to qualify for UI benefits, individuals must show that they are able, willing and ready to work and that they are actively seeking employment. Thus, applying for UI and SSDI benefits concurrently can cause Social Security to question the credibility of the applicant.

Currently, there is no law precluding individuals for applying for both types of benefits simultaneously. SSA has acknowledged that filing concurrent applications may appear to be facially inconsistent, but they haven’t gone as far as to preclude people from filing dual applications. Instead, SSA has historically used it as a factor to weigh in consideration as to whether someone is disabled. As you can imagine, many Judges cite to the receipt of UI benefits as a basis for a SSDI denial.

Currently, a group of bipartisan Senators have introduced a bill that would reduce SSDI benefits for any month in which UI were received. The proposed bill named, S. 1099 - “The Reducing Overlapping Payments Act,” was introduced on June 6, 2013. The bill proposes that SSDI benefits would be reduced for any month in which an individual was receiving UI benefits. The policy behind this proposal is similar to the other offsetting benefit programs like California State Disability and the Worker’s Compensation system. Individuals who receive State Disability or Worker’s Compensation often see their SSDI benefits reduced until their State Disability and/or Worker’s Compensation benefits are exhausted or reduced themselves. It is the government’s way of preventing what they call “double-dipping.”

If you are interested in following the progress of this bill, here is a link that will provide you status:


Got a question that you need answered? Please check out our website at www.westcoastdisability.com . We try to provide you with valuable information on our website that may help you navigate the Social Security Disability process. Also, feel free to shoot us an email at info@westcoastdisability.com or call us at (800) 459-3017.

Wednesday, August 14, 2013

How Does the Supreme Court's Defense of Marriage Act Ruling Affect SSDI and SSI Benefits?


 
We have been getting a lot of questions about how the Unites States Supreme Court’s decision regarding the Defense of Marriage Act (DOMA) will affect Social Security Disability (“SSDI) and Supplemental Security Income (“SSI”) benefits for same-sex partners. As most of you are aware, on June 26, 2013, the Supreme Court held that Section 3 of DOMA is unconstitutional as it deprives same-sex spouses equal protection under the Fifth Amendment.

What this now means is that same-sex spouses, and their children, are able to file claims for various types of SSDI benefits, including Disabled Widow’s/Widower’s benefits, Disabled Adult Children benefits, Survivor benefits, and Children’s benefits. In order to file a claim, however, the following conditions must be met:

  1. The same sex couple must have a legally valid marriage. Couples in civil unions will not be qualified at this time.
  2. The couple, and their children, must reside in a state that recognizes same-sex marriages.
While the Supreme Court’s ruling opens the door for same-sex spouses, and their children, to SSDI entitlement, the impact on SSI benefits could have the opposite effect. As SSI benefits take into account the income of a spouse to determine eligibility, same-sex spouses may find that their SSI benefits are reduced or discontinued.

To read the Supreme Court’s decision in entirety, please visit the link below:
http://www.supremecourt.gov/opinions/12pdf/12-307_6j37.pdf

 Got a question that you need answered? Please check out our website at www.westcoastdisability.com . We try to provide you with valuable information on our website that may help you navigate the Social Security Disability process. Also, feel free to shoot us an email at info@westcoastdisability.com or call us at (800) 459-3017.

 

Friday, August 2, 2013

Social Security Disability Time Frames


We often get asked, “How long does the Social Security Disability (“SSDI”) process take?” The honest answer is it varies by jurisdiction. Unfortunately, the weak economy, budget cuts, and the fact that the baby-boomer generation is at retirement age, have all negatively affected the time frames of the SSDI process.

There are five potential stages that an individual may go through in the SSDI process, including the initial application, reconsideration, hearing, Appeals Council, and Federal Court levels. The majority of individuals will be required to attend a hearing in front of an Administrative Law Judge (“ALJ”).

After filing an initial application, it will take the Social Security Administration 120 to 270 days to make a decision, or approximately 4 to 9 months. If denied, these same time frames are applicable at the reconsideration stage, though we do get a majority of the reconsideration determinations back within 180 days, or 6 months. If you are denied at the reconsideration stage, you must request a hearing. At the hearing level, it takes SSA anywhere from 236 to 547 days to schedule a hearing (National Ranking Report By Average Processing Time dated 4/26/13). Keep in mind, the time period that a claimant will wait to have a hearing scheduled is in addition to the time frames at the initial application and reconsideration levels.

Below are the time frames for the local Southern California SSA hearing offices, which are technically known as the Office of Disability Adjudication and Reviews or “ODARs” (National Ranking report dated 4/26/13):

 Los Angeles Downtown = 275 days

Orange = 305 days

San Bernardino = 309 days

 Moreno Valley = 322 days

Long Beach = 328 days

Pasadena = 330 days

Los Angeles west = 340 days

Santa Barbara = 358 days

Norwalk = 428 days

San Diego = 475 days 

 As you can see, the time frames associated with the hearing level are varied. After a hearing is held, it will take an Administrative Law Judge anywhere from 30 to 90 days to make a decision, or 1 to 3 months. If the claim is awarded, it can take the local SSA office up to another 90 days, or 3 months, to process the monthly benefits. Retroactive benefits can take the local SSA offices longer to process.

If the claim is denied, however, an individual must file an appeal with the Appeals Council in Falls Church, Virginia. On average, it will take the Appeals Council anywhere from 12 to 36 months, or 1 to 3 years, to rule on the claim. If denied, the only option left is to file a claim to Federal Court. Appeals to Federal Court can also take anywhere from 12 to 36 months, or 1 to 3 years, to receive a determination.

 We recognize that these time frames can be shocking. However, it is important for every claimant to come up with a plan to support himself/herself, while he/she applies for these benefits, as the Social Security process has some significant timeframes associated with it.

 For more information on the Social Security Disability process, please visit our website at http://www.westcoastdisability.com/The-Social-Security-Disability-Claims-Process/

 Got a question that you need answered? Please check out our website at www.westcoastdisability.com . We try to provide you with valuable information on our website that may help you navigate the Social Security Disability process. Also, feel free to shoot us an email at info@westcoastdisability.com or call us at (800) 459-3017.

Tuesday, July 23, 2013

The Consultative Examination


Clients often call us with questions concerning a letter they receive indicating that they have been scheduled for a “Consultative Examination”. Most clients want to know what the exam is and if they have to attend. Clients are also curious as to who has scheduled this exam and what doctor they will be seeing. Here is some basic information and insight about Social Security medical exams.

What is the Consultative Examination?

A fairly high percentage of individuals who file for either Social Security Disability benefits or Supplemental Security Income benefits will be required to go to a medical examination by the Social Security Administration. Social Security Disability exams are called Consultative Examinations (“CE exam”). CE exams can be physical in nature, psychological (IQ testing), or psychiatric in nature. They can also include ophthalmological exams, blood work, and the taking of x-rays. The Disability Office that schedules your exam also pays for the CE exam and any necessary tests. The exam is scheduled with a doctor closest to your home zip code, so it is important that you always notify your attorney when you move or change addresses.

Why is a Consultative Examination being scheduled in my case?

Sometimes your medical records don’t say as much about your condition as you might think they should. For example, your doctor’s notes might only say that you complained of low back pain and you were prescribed a pain medication. In other instances, your medical records are hand written and impossible to read, or information from your doctor may be incomplete. In some cases, clients have not been to see a doctor recently. Limited documentation such as this does not give the disability examiner reviewing your case sufficient information about how your condition limits your ability to function and work.

CE exams are requested by disability examiners (examiners handle initial disability applications) and also by Administrative Law Judges at the disability hearing level. The purpose of these exams is to obtain additional medical information and documentation for an adjudicator (a disability examiner or a judge) to arrive at a decision. Disability examinations that are scheduled by a disability examiner or a disability judge are mandatory and failure to attend can result in a decision based on existing evidence, or the closure of a case for failure to comply. However, if you miss a scheduled exam and have a valid reason for this happening, an examiner will usually allow for the examination to be rescheduled.

 Who performs the exam?

CE examinations are performed by independent physicians and psychologists who have contracted to examine disability claimants and provide written reports afterwards. The doctors who perform these exams are not Social Security doctors. They are not employed by the Social Security Administration, rather they are independent contractors who are paid for their services. In addition to performing an examination, physicians and psychologists who perform CE exams are required to submit the written results of an examination. Please keep in mind that Social Security CE exams are not for the purpose of rendering medical treatment or making the decision on your claim. The purpose of these exams is to provide a recent snapshot of your conditions and various limitations.

How long does the exam take?

One of the most common complaints among our clients who have gone to CE examinations is that the duration of the exam was only 5-10 minutes. The length of the exam will vary depending on the type of exam a claimant is sent to. Examinations for physical allegations can be relatively brief (10-15 minutes is not abnormal), while a mental exam can take considerably longer due to the nature of psychological or psychiatric testing.

 What should I do to prepare for the exam?

Being required to go to a medical exam by Social Security is no cause for alarm. Getting an appointment letter for a CE examination means, at the very least, that your claim is actively being worked on.  

 Here are some important tips to keep in mind when attending your CE examination:

  1. Arrive a few minutes early for the exam. If you show up late, the doctor may refuse to see you, and the exam would have to be rescheduled. This can add further delay to the processing of your claim.
  2. If you have children, leave them with someone during your exam so that you will be able to give the doctor your full attention.
  3. When you go to the exam, always bring a government issued picture ID, like a driver’s license.
  4. Take any medications or pill bottles with you to the exam, and any necessary braces, canes, eyeglasses, or hearings aids that you use.
  5. Have someone go with you to the examination and observe.
  6. Takes notes during and after the examination. How long did the doctor see you? What questions were asked? Were any tests performed?
  7. Cooperate to the best of your ability during the exam. The doctor may ask you to do something that is uncomfortable. Not trying or refusing to do something the doctor asks, can make a difference in how your disability is viewed.
  8. Be honest and don’t pretend to be better or worse than you are.
Got a question that you need answered? Please check out our website at www.westcoastdisability.com . We try to provide you with valuable information on our website that may help you navigate the Social Security Disability process. Also, feel free to shoot us an email at info@westcoastdisability.com or call us at (800) 459-3017.

Friday, July 19, 2013

The Differences Between Social Security Disability ("SSDI") and Supplemental Security Income ("SSI") benefits


If you thought SSDI and SSI were the same Social Security programs, you are not alone. Frequently, our clients use the terms interchangeably, but in fact, each program is quite different. Both programs are administered by the Social Security Administration. They also both require that an individual prove that he/she is unable to work due to a physical or mental impairment(s), or a combination of impairments, for 365 days or more to establish entitlement. If you are granted either one of these benefits, you receive health insurance and cash benefits. However, that is where the similarities end between these two programs. Below is a description of each program and its unique features to help you understand the fundamental differences between the two entitlement packages.
Social Security Disability benefits
Often referred to as SSDI or Title II benefits, Social Security Disability benefits are calculated based on what you have paid into the Social Security system. You must have worked a sufficient amount of “quarters” to be entitled to these benefits. There is a 5 month waiting period from the onset date of disability that must toll before you are entitled to these benefits. After you have been found disabled for a full 24 months on a Title II application, you will also receive Medicare benefits. The maximum amount of retroactive benefits you can receive in regards to a Title II claim, is one year prior to the initial application date.
 Supplemental Security Income                        
Often referred to as  SSI or Title XVI benefits, the Supplemental Security Income program is designed to operate as a “needs based” program. To qualify, your countable resources cannot exceed more than $2000 as an individual and $3000 as a couple. Owning one automobile, one house, and one wedding ring will not disqualify you from this program. The Federal payment amount is $710 for an eligible individual and $ 1066 for an eligible couple for the year 2013. There is no waiting period for Supplemental Security Income as is required for Social Security Disability benefits. Supplemental Security Income eligibility also entitles you to Medi-Cal in the state of California, sometimes referred to as Medicaid in other states. The earliest benefits can begin in a Title XVI case is from the date of application.
For more information on SSDI and SSI benefits, visit our webpage at http://www.westcoastdisability.com/Practice-Areas/
Got a question that you need answered? Please check out our website at www.westcoastdisability.com . We try to provide you with valuable information on our website that may help you navigate the Social Security Disability process. Also, feel free to shoot us an email at info@westcoastdisability.com or call us at (800) 459-3017.

Tuesday, July 9, 2013

Parkinson's Disease - Not a Joking Matter


When Cari and I started our Social Security Disability blog, I doubt either one of us would have thought we would ever mention the name of Kanye West in it. Unfortunately, we are mentioning it now and not in connection with a positive story.
Kanye West is no stranger to controversy. At a minimum, he is known for being brash, outspoken, and arrogant , though I am sure some of you reading this could substitute some better adjectives that may more accurately describe this man. In fact, I think President Obama’s remark that Kanye West is a “jackass” is likely appropriate. However, I understand that in the entertainment world shock value sells and that there is often the perception that there is no such thing as “bad publicity.” As long as it is harmless, I have no problem with it. I usually can just ignore it.

Occasionally, however, a celebrity or public figure does something that is so offensive that it warrants discussion and while I am hesitant to call further attention to this (ummm…let me choose my word carefully) “jackass,” I am going to do so to address a larger issue – the insensitivity  that certain people have to those with profound disabilities.

Kanye West recently released a new album called “Yeezus.” In the song entitled “On Sight,” West describes how he gets a woman “shaking like Parkinson’s.” Full disclosure… I am editing the exact phrase he uses because this blog is G-rated, but let’s just say he uses a more offensive term than the feminine noun “woman” but that would require a whole other blog to address this lyrical choice.
What I want to address in this blog is his insensitivity towards the Parkinson’s Disease community by making a casual and distasteful reference to getting a woman trembling like she has Parkinson’s Disease.  It makes me wonder if West is just grossly insensitive to those who suffer from this progressive and debilitating disease OR is he just completely ignorant to all the trials and tribulations that people with Parkinson’s Disease go through on a daily basis?

I prefer to think of people as being ignorant opposed to apathetic. Stupidity breeds confusion, while apathy to others in dire situations is an indication (to me at least) that you are devolving as a human. Thus, I am just going to hope that Kanye West simply doesn’t understand how serious and devastating Parkinson’s Disease can be.

For our clients who deal with it every day, you know exactly what I am talking about. For those of you out there who have never known someone with Parkinson’s, let me tell you that experiencing tremors is just one of the many symptoms that people with Parkinson’s must deal with. While tremors are often a hallmark of Parkinson’s Disease, other physical symptoms include rigidity, bradykinesia, balance issues, and gait immobilization. People with Parkinson’s Disease can have difficulty with communications and suffer from word-finding and aphrasia.  A host of cognitive and mental health issues can accompany a diagnosis of Parkinson’s Disease, including depression, concentration and memory issues, and in its advanced stages, dementia. Parkinson’s Disease is incurable, and while there are medications out there to manage the symptoms, Parkinson’s is progressive in nature.  For more information on Parkinson’s Disease, please visit our website at:

http://www.westcoastdisability.com/The-Social-Security-Disability-Claims-Process/Impairments-Physical/Parkinson-s-Disease.shtml

Additionally, the America Parkinson’s Disease Association (“APDA”) has a wealth of information and support for the Parkinson’s Disease community. Here is a link to their website:
http://www.apdaparkinson.org/

I happen to think it would be beneficial for Kanye West to visit with one of the local APDA chapters, so he can understand why the Parkinson’s Disease community was outraged by his poor choice in lyrics.   As a disability advocate, I can’t help but take offense when a life altering disease is discussed glibly and in what appears to be a poor attempt at a comedic lyric. It isn’t creative. It isn’t shocking. It just makes you a bigger jackass.

Got a question that you need answered? Please check out our website at www.westcoastdisability.com . We try to provide you with valuable information on our website that may help you navigate the Social Security Disability process. Also, feel free to shoot us an email at info@westcoastdisability.com or call us at (800) 459-3017.

 

Monday, June 17, 2013

In The News...


Last week was a very interesting week in terms of news worthy items that are pertinent to the disability community.
The Supreme Court ruled that isolated human genes cannot be patented. The Supreme Court did distinguish human genes from DNA molecules engineered by people, which would still be eligible for patent. This case was getting a lot of media attention, ever since actress, Angelina Jolie, announced that she underwent a preventative double mastectomy due to the fact that she was a BRCA gene carrier, a gene that predisposes one significantly to breast and ovarian cancer.

The problem has been that BRCA testing is not widely affordable to the general public due to the fact that a company called Myriad Genetics had been awarded a patent for BRCA1 and BRCA 2 genes in the 1990s. This patent essentially eliminated a competitive market for BRCA testing. The hope with this new ruling is that other companies will increase their research into BRCA gene testing and come up with more affordable ways for all women to effectively screen themselves for BRCA genes.
On a different note, Cari and I have become aware of a new documentary that was created to help end the stigma and misperceptions of mental illness. The documentary entitled A New State of Mind: Ending the Stigma of Mental Illness was funded by California’s voter approved Mental Services Act and profiles the stories of individuals who have fought to overcome the stigmas and misconceptions  associated with mental illnesses. The documentary is narrated by actress, Glenn Close.

It is estimated that one in four people suffer from a mental illness. In spite of this significant statistic, mental illnesses are one of the least understood disabilities by the general public. Unfair stereotypes overshadow the many successes that people with mental illnesses are able to achieve. This documentary seeks to highlight the individuals and organizations fighting to end discrimination against people with mental illnesses.

Here is a link to the documentary:
http://www.eachmindmatters.org/great-minds-gallery/view-the-film/         
          
Got a question that you need answered? Please check out our website at www.westcoastdisability.com . We try to provide you with valuable information on our website that may help you navigate the Social Security Disability process. Also, feel free to shoot us an email at info@westcoastdisability.com or call us at (800) 459-3017.

Friday, June 7, 2013

What Does It Mean to Be Disabled?


The concept of disability can be both abstract and confusing. The term “disabled” is personal in nature and means different things to different people. However, when it comes to being deemed “disabled” in the legal sense, it doesn’t take long to realize that there are various definitions and standards depending on which governmental or private entity is evaluating the application for disability.

Disability benefits come in many forms. While Cari and I only handle Federal Social Security Disability Insurance and Supplemental Security Income claims, disability benefits are also available through the State of California, the Worker’s Compensation system, the Veteran’s Administration, and private insurance companies. What many people are surprised to learn is that every single one of these types of benefits comes with its own unique definition of disability.

Some of these programs focus on whether an individual can perform his or her past work. Other programs focus on whether an “average” individual with the same impairments could perform work. Some of these programs look at whether an individual is prevented from working for a short period of time, while other programs focus on a more long-term definition of disability. Social Security’s definition can be more complex, however.

Social Security finds that a person is disabled if this person has a physical or mental impairment, or a combination of both, which prevents this person from working for at least 365 days, or the impairment(s) is expected to result in death.   Additionally, SSA is not just concerned with whether an individual can perform his or her past work. SSA also looks at whether a person has transferrable skills to perform other work, and depending on the person’s age, whether this individual could perform unskilled work in the national economy. Finally, SSA also considers an individual’s age and education when assessing a claim.

While these factors are important to the Social Security Administration, other disability plans have different criteria to consider. Thus, it is always important to keep in mind the standards that you must meet for the particular disability program you are applying for.

Got a question that you need answered? Please check out our website at www.westcoastdisability.com . We try to provide you with valuable information on our website that may help you navigate the Social Security Disability process. Also, feel free to shoot us an email at info@westcoastdisability.com or call us at (800) 459-3017.

Tuesday, May 21, 2013

The Secret Administrative Law Judge Policy Ends


The Social Security Administration (“SSA”) and the Office of Disability Adjudication and Review (“ODAR” – SSA’s Hearing Office) officially ended their secret Administrative Law Judge (“ALJ”) policy on April 20, 2013. Since December 2011, SSA had started withholding the name of the ALJ assigned to a claimant’s case at the hearing level. Under this new secret policy, you would not be told the name of the Judge assigned until the day of the hearing, as was customarily permitted in SSDI/SSI law (and in almost every other area of law in the United States). Each ODAR had a different rule as to when the name of the ALJ would be revealed. Some ODARs would tell you the name of the ALJ when you arrived at the hearing location prior to the hearing. Other ODARs required that you wait until you physically entered the hearing room and saw the ALJ for yourself, rather than provide you with any earlier identification of the Judge assigned.

SSA claimed they had created this policy to prevent individuals from picking and choosing a preferred ALJ for a claim. However, this rationale is flawed. Besides the rare exception when an individual can object to a video hearing, once an ALJ is randomly assigned to a claim by SSA, the only way that the claim would be reassigned to a different ALJ, is if a claimant moved out of the jurisdiction assigned to the ODAR or if a Judge noted a conflict of interest in a particular claim. People cannot afford to move simply to look for a more favorable jurisdiction. Thus, the real motive behind the secret ALJ policy is unclear.

The issue was being litigated. In addition, attorneys (including us) were filing Freedom of Information Act requests with SSA demanding to know the name of the ALJ assigned, so we could better prepare our clients for their hearings. After all, every Judge conducts his or her hearing differently and not knowing the particular Judge assigned to a claim until the day of the hearing puts a claimant at a disadvantage. Some Judges want an opening brief to be submitted before a hearing. Other Judges have their own individual questionnaires that they want completed prior to a hearing. Thankfully, SSA has listened to the complaints and the secret ALJ policy is officially over.

Got a question that you need answered? Please check out our website at www.westcoastdisability.com . We try to provide you with valuable information on our website that may help you navigate the Social Security Disability process. Also, feel free to shoot us an email at info@westcoastdisability.com or call us at (800) 459-3017.
 


 

Wednesday, May 15, 2013

Welcome to West Coast Disability Law Group's blog!

Hello! Welcome to our newly created blog! My name is Megan DiTolla and I am an attorney at West Coast Disability Law Group, LLP. My business partner, and fellow attorney, Cari M. Schwartz, and I, have been practicing Social Security Disability law for the past decade and we have handled over 2,000 cases between the two of us. We have learned a lot in our years of practice and we were looking for a forum to discuss some of the interesting developments in the Social Security Disability world, as well discuss the many issues that are important to those who live with physical and mental health impairments. We have a website www.westcoastdisability.com, but we realized that doesn't allow us to discuss relevant current events in an informal and real-time atmosphere, so hence - we created our new blog!

The SSDI process is constantly going through changes (some good and some bad) , so now we have an outlet in which we can let our clients and other readers know about some of the more interesting changes that are taking place.

Just like all of you, we are waiting to see what the fallout is of the sequestration by the Federal Government. We have already been told that we can expect longer processing periods at the initial application., reconsideration, hearing, and Appeals Council stages of the Social Security Disability Insurance process. We do not yet know exactly what SSA means by "longer processing periods," but we will let you know as we get new statistics.

If you have questions or particular topics you would like us to discuss about SSDI or SSI benefits, post a comment or email us at info@westcoastdisability.com.

We hope you enjoy our blog and learn some interesting things as we go along!

Warm Regards,

Megan and Cari