A Sign of the Times

It is no secret that it has become increasingly more difficult to get Social Security Disability Insurance (“SSDI”) benefits and/or Supplemental Security Income (“SSI”) benefits. The programs have been under attack by politicians and the media alike. Part of the attack is warranted. There have been some instances of fraud in the last few years. Most notably, there was a scheme being run by certain former New York City police officers and firefighters. For more information, please read: http://www.wsj.com/articles/SB10001424052702303880604579404893769824188. Thankfully these individuals have been caught and they should be prosecuted to the fullest extent that the law allows.

However, there is a growing perception that there are many individuals receiving SSDI/SSI who do not meet SSA’s stringent standards. I disagree with this perception. I can only speak about the area that I practice in, which is most of California, but it is truly difficult to navigate the SSDI/SSI process. If you do not have supportive objective evidence, and the support of a reputable doctor, you will not be awarded SSDI/SSI. Reputable SSDI/SSI attorneys only take cases after they look at the medical evidence and determine a case is meritorious, because if a claimant is NOT disabled, SSA will deny the individual. Of course, there are always despicable human beings out there who try to work the system and these few apples spoil the barrel. However, these crab apples usually get caught.

In spite of the fact that I do feel that disabled claimants represents the lion’s share of individuals receiving SSDI and SSI, there is clearly a backlash taking place against these programs. Judges are denying cases in record numbers. Disabled Americans are being denied benefits, even when they meet SSA’s strict standards.

We learned this week that the largest Social Security Disability law firm filed for bankruptcy and is expected to significantly reduce its staff over the next two years due to the changing climate in the Social Security Disability sector: http://www.wsj.com/articles/social-security-disability-firm-binder-binder-files-for-chapter-11-1418965824.

In all honestly, I do not expect the SSDI/SSI skepticism to improve anytime soon. As always, I recommend that before you even consider applying for this program, you have a talk with your doctor to see if he/she thinks your impairment and/or impairments prevent you from working.

Got a question about SSDI or SSI that you need us to answer? Please check out our website at www.westcoastdisability.com . We try to provide you with helpful information on our website that will allow you to successfully navigate the Social Security Disability process. Also, feel free to email me your questions at megan@westcoastdisability.com or call me at (800) 459-3017 x 103.

How Does SSA Assess Physical Versus Mental Impairments?

People often wonder if the Social Security Administration (“SSA”) assesses physical impairments differently than they do mental health impairments. The bottom-line is that you can receive Social Security Disability and/or Supplemental Security Income benefits for either a physical or a mental health impairment, or you can receive benefits for a combination of both physical and mental health impairments.

 Age is a very big factor for SSA when it comes to assessing physical disabilities. In general, in order to get Social Security Disability and/or Supplement Security Income if you are under 50 years of age, you will have to show that you cannot perform your past work or any other work in the national economy. Once you are over the age of 50, however, SSA will start to look at your work experience and the degree of physicality your past work required. If your physical impairment prevents you from performing your past work and you lack transferable skills to other work, SSA may find you disabled if the medical records and opinions from your doctor show that you have a limited capacity for lifting, carrying, standing and/or walking. This is referred to as “gridding” and SSA has a series of medical/vocational guidelines through the Code of Federal Regulations which explains how to apply these “grids, available at http://www.ssa.gov/OP_Home/cfr20/404/404-app-p02.htm . Unfortunately, the grids only apply to physical impairments.  

 When it comes to mental health impairments, age is never a factor.  SSA assesses every claim the same way. Even if your mental health impairment prevents you from performing your past work, if you still have the ability to perform simple, repetitive tasks or follow one to two step directions, you are not disabled in SSA’s eyes. Thus, if you still have the ability to perform low stress and unskilled jobs, you are not disabled from a mental health standpoint based on SSA’s rules and regulations.

 Please keep in mind that when SSA is assessing one’s disability, they do not take into account how much money the individual used to earn. SSA expects individuals to work, even if the person’s disability prevents him or her from earning income at the level he or she is used to.  

 Got a question about SSDI or SSI that you need us to answer? Please check out our website at www.westcoastdisability.com . We try to provide you with helpful information on our website that will allow you to successfully navigate the Social Security Disability process. Also, feel free to email me your questions at megan@westcoastdisability.com or call me at (800) 459-3017 x 103.

Does My Disability Qualify Me For Social Security Disability Insurance Benefits?

We are frequently asked by potential claimants if their specific impairments qualify them for Social Security Disability Insurance (“SSDI”). People have the impression that it is a diagnosis alone that qualifies an individual for benefits. This is not the case.

 While the Social Security Administration (“SSA”) does highlight common impairments that can be disabling to an individual in SSA’s Bluebook Listing of Impairments (see http://www.ssa.gov/disability/professionals/bluebook/AdultListings.htm), SSA is more concerned with the severity of the impairment and the limitations the impairment imposes on an individual’s ability to work. Thus, it is not the specific diagnosis that determines whether an individual will be granted disability, it is the impact that the disability has on a person’s ability to work and function.

 Frequently we receive calls from claimants asking us to determine whether they are eligible for disability. Though claimants will confirm their diagnosis over the phone with us, we must always review medical records and reports to determine whether a claimant meets SSA’s definition of disability before we can assist in filing a claim. Reviewing the medical records is the only way we can verify if a claimant’s impairment arises to the level of severity that SSA requires for SSDI. For example, cancer that responds to treatment and does not reoccur is not usually considered disabling in SSA’s eyes. However, cancer that has reached a stage 4 designation is almost always found disabling by the government.

 Got a question that you need us to answer? Please check out our website at www.westcoastdisability.com . We try to provide you with helpful information on our website that will allow you to successfully navigate the Social Security Disability process. Also, feel free to email me your questions at megan@westcoastdisability.com or call me at (800) 459-3017 x 103.

SSA Settles Discrimination Lawsuit with Disabled Employees

The Social Security Administration (“SSA”) has settled a decade long lawsuit that was filed against them by disabled SSA employees who were denied promotions throughout their tenure with SSA.  These disabled employees had made the “best qualified” promotions lists at the Administration, but were routinely passed over for promotions. The disabled workers who were passed over for warranted promotions suffered from disabilities like deafness, blindness, epilepsy, missing extremities, paralysis, and mental and psychiatric difficulties.  

 SSA has promised to overhaul their equal opportunity program. However, it is frightening that an agency responsible for administrating disability benefits would discriminate against their own disabled employees. Hopefully, the $9.98 million compensation package SSA has been saddled with will serve as a reminder that their disabled workers must be treated equally to their nondisabled peers.

 For more information on the settlement, please read: http://www.baltimoresun.com/business/bs-bz-eeoc-social-security-disability-20141107-story.html

 Got a question that you need us to answer? Please check out our website at www.westcoastdisability.com . We try to provide you with helpful information on our website that will allow you to successfully navigate the Social Security Disability process. Also, feel free to email me your questions at megan@westcoastdisability.com or call me at (800) 459-3017 x 103.

SSA announces a Cost-of-Living Adjustment (“COLA”) for 2015

The Social Security Administration has announced a 1.7 percent benefit increase for 2015. This cost-of-living (“COLA”) adjustment will begin on December 31, 2014 for Supplemental Security Income (“SSI”) beneficiaries. Social Security Disability Insurance (“SSDI”) and Social Security recipients will see this COLA adjustment in their January 2015 benefit payments. This COLA adjustment will affect the nearly 64 million Americans who receive monthly Social Security and Supplemental Security Income benefits.

 Additionally, the maximum amount of earnings subject to Social Security tax will be increased from $117,000 to $118,500. This means that approximately 10 million people will pay higher taxes as a result of this increase in taxable maximum.

 For more information on the 2015 COLA adjustment, please see http://www.ssa.gov/news/#!/post/10-2014-2.

 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 me an email at megan@westcoastdisability.com or call us at (800) 459-3017 x 103.

Video Teleconferencing Procedures

If your Social Security Disability Insurance (“SSDI”) or Supplemental Security Income (“SSI”) claim is pending at one of the Social Security Administration’s courts, which are formally known as Offices of Disability Adjudication and Review (“ODARs”), you may have received a letter from them recently addressing their video teleconferencing (“VTC”) procedures.

 Due to the increased backlog of claims in recent years, the wait for a hearing in front of an Administrative Law Judge (“ALJ”) has increased drastically. In most jurisdictions, a claimant will wait 12 to 18 months to have a hearing in front of an Administrative Law Judge. This wait time does not include the processing time periods from initial application and reconsideration either. The 12 to 18 month waiting period begins once any individual request a hearing following the lower level denial and appeal. SSA recognizes that these timeframes are problematic for individuals whom are unable to work, unable to earn an income, and in many cases, unable to put food on their tables. Thus, SSA has been utilizing video teleconferencing to help decrease the backlog. The process involves having ALJs appear by VTC from other jurisdictions that are not as backlogged at the hearing level. Often these VTC ALJs are from states that are not as populated, and therefore do not have as many claimants in their jurisdictions. Thus, these VTC ALJs have time to hear cases from other jurisdictions, which can help to decrease the backlog of claims.

 The ODARs have started sending out letters notifying claimants that they are utilizing the VTC process to help improve the efficiency of the hearing process. If a claimant does not wish to have a VTC hearing scheduled, the claimant has 30 days from the date that he/she receives the VTC notification to object to it. If the claimant does not object within the 30 day period, and later decides he/she does not want to have a VTC hearing, he/she must have good cause for missing the deadline.

 In many instances, a VTC hearing makes sense.  Permitting a VTC hearing may mean that you will get your hearing months in advance of when it normally would be scheduled. However, a VTC has its drawbacks. You may be assigned to an ALJ that we have never met and therefore lack familiarity with his/her protocols. The VTCs can be blurry and have slight delays between communications. Thus, if you are hard of hearing, have difficulty with speech, or if you have an impairment that has physical manifestations (i.e. tremors, skin disorders etc), it may be best do elect to have an in-person hearing, even if it means you will be waiting extra months for that hearing.

Electing to utilize a VTC needs to be decided on a case by case basis. We certainly will weigh all the pros and cons before we decide to elect or object to a VTC hearing. For more information of changes to VTC hearings, please see http://www.ssa.gov/OP_Home/hallex/I-02/I-2-3-10.html.

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 megan@westcoastdisability.com or call us at (800) 459-3017 x 103.

Expediting Social Security Disability Insurance Claims

Applying for Social Security Disability Insurance and Supplemental Security Income (SSDI/SSI) benefits is a lengthy process. It can take anywhere from 6 to 36 months to get a claim resolved, depending on how many stages of the process your claim must go through. People often ask us if there is a way to shorten the timeframes. While the Social Security Administration must follow due process and not expedite one individual’s claim over another individual’s claim for arbitrary reasons, SSA does expedite certain cases if a claimant meets certain criteria. Below is a list of cases that receive critical designations.

 

1.       TERI Claim – A TERI case is a case that is expedited because an individual has a terminal illness that is irreversible, untreatable and expected to end in death. A claimant must present objective and clinical evidence proving his/her illness is terminal to receive this designation. Stage 4 cancer cases often receive TERI designations.

2.       Compassionate Allowance Claims – SSA has published a list of diseases and impairments that are so inherently severe that SSA deems them as disabling. Disabilities that comprise the Compassionate Allowance list represent the most serious disabilities that affect individuals. If an individual has one of the listed illnesses on this link https://secure.ssa.gov/apps10/poms.nsf/lnx/0423022080, and fits the stated criteria, he/she will be awarded benefits, as long as he/she meets the technical requirements for the SSDI/SSI program.

3.       Wounded Warrior/100% Service Connected Veterans – Veterans who were either wounded in the course of active duty OR who are rated 100% Permanent and Totally (“P&T”) disabled by the Department of Veterans Affairs (“VA”) will have their claims expedited. SSA will still require that the veteran meet SSA’s own definition of disability. However, the veteran will not have to wait the normal average timeframe of 120 to 270 days it takes SSA to process a claim.

4.       Potentially Violent Claims – Claimants who are homicidal, suicidal or potentially violent may have their claims expedited. There must be some legitimate indication that a claimant is violent. For example, records from hospitalizations of repeated suicide attempts can demonstrate the claimant has a real threat of violent behavior.

5.       Dire Need Claim – A case can be flagged as critical if a claimant can show that he/she lacks food and is unable to obtain it, lacks critical medication or medical treatment, or lacks shelter. A claimant can submit eviction notices, foreclosure notices, shut-off notices, and other items to substantiate the claim that his/her case meets the “dire need” standard. Due to the poor economy, many individuals meet this standard currently and request a “dire need” designation.  While the increase of “dire need” requests has meant that SSA is not always able to reduce the timeframes as much as we desire, SSA may be able to reduce the waiting timeframes by several months.

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.

Planning to Endure the Social Security Disability Process

Applying for Social Security Disability Insurance (“SSDI”) and/or Supplemental Security Income (“SSI) benefits takes some planning as it is not a quick process. Remember, these are Federal benefits, so you are at the mercy of bureaucratic timeframes and increasing backlogs. Due to the fact that the majority of people are denied initially, it is not surprising to learn, that it can take between eighteen months to two years to get a claim resolved.

 This can be a great financial burden for a claimant. If someone is too disabled to work, how can he/she survive the lengthy application and appeal process? This is not an easy question to answer. However, we have put together some tips that may help you survive the government backlog.

1.       Check to see if you paid into the State Disability system – California is unique in that it has a State Disability system. Most States do not. Assuming you have paid into it, the State will provide a disabled individual economic benefits for up to one year. These benefits are administered through the Employment Development Department (“EDD”).  Please note that the State has strict timeframes for applying, so if you are disabled Californian, please contact the State at http://www.edd.ca.gov/disability/ as soon as possible. 

2.       Check to see if your employer sponsored a Long-term Disability policy for you – Some companies include Long-term Disability policies in their benefits packets. Often, employees do not even realize that they have these policies in place to help protect them in the event they become disabled. If you are not sure whether you had a Long-term Disability policy through your former employer, contact the Human Resources (“HR”) department for that employer.  HR will be able to confirm whether your benefit package included a Long-term Disability policy.

3.       Contact other Federal, State and County programs to see if you may qualify for their benefit programs – Depending on your assets, you may be able to qualify for General Relief, food stamps, government housing, and/or In-Home Health Services.  Contact the administrators of these programs to determine your eligibility.

 Applying for SSDI/SSI is a lengthy process. Having a financial plan in place before you start the process can help to eliminate some of the stress you may have as you navigate the Social Security Disability system.

 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.

June is Post-Traumatic Stress Disorder (“PTSD”) Awareness Month

June is Post-Traumatic Stress Disorder (“PTSD”) Awareness Month. PTSD is a type of anxiety disorder that occurs if an individual goes through an extreme physical and/or emotional trauma that involves the threat of injury or death. Individuals who suffer from PTSD sometimes relive the traumatic event in the form of nightmares or flashbacks. Individuals with PTSD may also avoid certain situations and people that remind them of the event or may try to block out the event altogether from their memories. People with PTSD may be hypervigilant, startle easily or have difficulty falling asleep.

The most common events leadings to PTSD are combat warfare, physical abuse, sexual assault, and being threatened with a weapon. Children who are the victims of any type of abuse are prone to PTSD.

 PTSD has been in the news lately due to the latest scandal at the Veterans Administration (“VA”). It was discovered that many veterans across the nation were subject to excessive wait-times for both mental and medical treatment at the VA. The VA’s Inspector General discovered that at the Phoenix VA alone, 1,700 veterans were put on wait-lists that averaged 151 days for just an initial appointment with a primary care physician (See article at http://www.washingtonpost.com/blogs/the-fix/wp/2014/05/21/a-guide-to-the-va-and-the-scandals-engulfing-it/). There is also evidence that records were falsified to make it appear as if the wait-times were not so drastic.

 For individuals suffering from PTSD, delays in treatment can be devastating and mean the difference between life and death. We do hope that the pressures from the public, Congress, and the media result in beneficial changes to the VA system, so that the brave men and women who have served our country, get the treatment they deserve.

 For more information on PTSD, please visit our website at http://www.westcoastdisability.com/The-Social-Security-Disability-Claims-Process/Impairments-Mental/Post-Traumatic-Stress-Disorder.shtml

 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.

Attorneys’ Fees in Social Security Disability and Supplemental Security Income Claims

Attorneys’ fees are highly regulated under Social Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”) law. In fact, with the exception of Veteran’s Administration law, SSDI/SSI law is the only other area of law in which the Federal government sets the attorneys’ fees.

Attorneys are only paid a fee in SSDI/SSI law if they win the case. This is called a contingent fee arrangement as the fee is “contingent” on the attorney winning the claim. In the majority of claims, if the attorney wins a SSDI/SSI case, the attorney will be paid 25%, or $6,000.00, whatever is less, out of the retroactive benefits. Retroactive benefits are the benefits that accrue while a claimant waits for the Social Security Administration to grant a claim. Once a claim is granted, an attorney is not entitled to any fees from future benefits. In most cases, SSA withholds the attorneys’ fees from the retroactive benefits and pays the attorneys directly.

The fee agreement described above is how attorneys are paid in the vast majority of SSDI/SSI claims. There are some exceptions, however. If a claim is denied by an Administrative Law Judge, the attorney may have to appeal a case to the Appeals Council, and possibly, Federal Court levels. These stages represent the fourth and fifth potential stages in the SSDI/SSI process. Due to the additional work required at these two levels, an attorney can petition for up to 25% (not limited to $6,000.00) of the retroactive benefits at the Appeals Council and Federal Court levels. In order to receive a fee at these stages, the attorney must submit his/her hour logs and work entries showing the work that he/she did on a claim to SSA or a Federal Court Judge. SSA or the Judge has to approve this fee petition. 

 In claims where there are no retroactive benefits, the attorney may also have to file a fee petition to SSA and request a reasonable fee for his/her services. SSA will determine a reasonable fee in such matters. In such instances, SSA will require that the claimant pay the attorney the fee directly. If the claimant does not pay the attorney timely, SSA will send the claimant’s benefits into Overpayment and deduct the attorneys’ fees from the claimant’s monthly benefits.

In rare instances, specifically when we are handling an Overpayment matter or a Continuing Disability Review claim, we will require an upfront retainer fee prior to representation. This is because there are never any retroactive benefits available in such matters. Thus, if we are successful, our fee will come from the retainer fee. If we do not win your claim, the retainer fee will be returned to the claimant in full.

For more information about attorneys’ fees, please visit the link on our website at: http://www.westcoastdisability.com/The-Social-Security-Disability-Claims-Process/Attorney-s-Fees.shtml.

 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.

Your Social Security Earning Statement

The Social Security Administration (“SSA”) used to send out an annual statement about three months before everyone’s birthday explaining an individual’s entitlement to Social Security Retirement and/or Social Security Disability benefits. SSA stopped sending out these statements in 2010 due to budget cuts.  You can still access this information if you set up an online account with SSA at http://www.ssa.gov/myaccount/. It is a free service.

Make sure you are access the exact link that I mentioned above. There are some private commercial sites that have no affiliations with SSA that may try to charge you a fee for information that is already free. If the website does not end in .gov, it is not the real SSA website.  

I recently set up an account myself to see how user-friendly SSA’s online accounts were. I was quite impressed as it took me less than ten minutes to set up an account. Once I created my account, I had access to valuable information about my full retirement, early retirement, disability, and survivor’s benefits. I could also view my taxed Social Security earnings and taxed Medicare earnings to make sure they were accurate.

It is very important to periodically check your online SSA statement. Accounting errors do take place and you want to make sure that your Social Security earning record matches your own personal earnings records and W2s.

Please note that not everyone pays in the Federal Insurance Compensation Act (“FICA”). You must pay into FICA to be insured for Social Security Disability benefits. Some County and State employees have their own private pension plans through their employers and do not pay into Social Security Disability.   If you notice that there is no mention of disability benefits on your online earning statement, you may want to call the human resource department at your employer’s office, to verify if you paid into FICA or not. If you think there is an error on your earnings record contact SSA at 1-(800) 772-1213.

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.

Social Security Establishes a Fraud Prevention Unit

The Social Security Administration “SSA” announced this week that it has created a centralized fraud prevention unit in New York City to identify fraudulent activity in the Social Security Disability system nationwide. The unit will initially have 20 disability examiners. They will be tasked with reviewing cases and analyzing current fraud trends to prevent new cases of fraud from happening in the Social Security Disability system. The analysts in this unit are currently re-reviewing the disability medical decisions resulting from recent indictments in Puerto Rico and New York City.

 We are pleased to see the development of a fraud unit.  Individuals who try to cheat the Social Security Disability system should be prosecuted for taking fraudulent measures to achieve benefits. The actions of these few bad apples affect every truly disabled claimant out there because the exploits by these unethical individuals cause our county, the media and Congress to attack this valuable Federal program.

If you know of someone who is committing fraud in the Social Security Disability System, contact the Social Security Office of the Inspector General at 1-800-269-0271, or visit http://oig.ssa.gov and click on “Report Fraud, Waste, or Abuse.”

In addition, SSA is taking greater measures to protect the identity and private information of the claimants. Since January 2014, SSA is adding security questions to its screening process for callers who are requesting information on a claim. Historically, SSA would ask a caller to verify basic biographical information like birth date, address and phone number. Now SSA is asking callers to confirm the place of birth and the mother’s maiden name of the claimant before revealing any information about the status of the claim to an authorized representative. Thus, Cari and I may be asking you to verify this information with us, so SSA will communicate with us via telephone on your claim.

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.

The Differences Between Attorneys and Non-Attorney Representatives

West Coast Disability Law Group, LLP, is a law firm. This means that attorneys who went to law school and passed the California Bar Examination are handling each and every case at our firm. While this may seem obvious to some claimants, please be cautious when deciding who is going to represent you.

There are some companies that employ non-attorney representatives, or advocates, who did not attend law school and/or pass a bar exam to represent their clients. Some of these companies are not open about the fact that you will not be represented by an attorney. This is often alarming to many claimants. We get a lot of last minute calls to represent claimants at their hearings after they discover the people they hired to represent them from other companies are not in fact attorneys or even law firms.

 How can non-attorney representatives legally handle Social Security Disability claims you may ask? Both the Social Security Administration and the Veteran’s Administration started programs in which non-attorneys, or advocates, could represent claimants at hearing, and receive the same fee as an attorney for this representation, if they passed a simple multiple choice test. Thus, non-attorney advocates are able to represent claimants in both Social Security Disability and Veteran’s Disability claims at the lower levels of the disability process. If your claim should be denied at the lower levels of the Social Security Disability process and you need to appeal your claim to Federal Court, an attorney can take your claim to this next level. A non-attorney representative cannot represent claimants in Federal Court. Thus, a non-attorney representative can only handle Social Security Disability cases up to a certain level.

 Our policy at West Coast Disability Law Group, LLP, is that we only hire licensed attorneys to represent our clients. We feel that a legal education is valuable in any legal arena whether it be in securing Social Security Disability benefits or Supplemental Security Income. Hearings involve making arguments to Social Security Administrative Law Judges and cross-examining expert witnesses like doctors and vocational experts. In our experience, individuals without a legal background have difficulty presenting skillful arguments and effectively cross-examining expert witnesses. Thus, Cari and I believe that the best policy is to let attorneys handle legal matters as this is exactly what they are trained to do.

 Whether you decide to hire a non-attorney representative or a lawyer is up to you. However, we recommend asking these questions before you hire anyone:

 1.       Are you a licensed attorney?

 2.       What is your experience handling Social Security Disability claims?

 3.       How do you determine whether or not you take a claim?
 4.       Do you review evidence before taking my case?
 5.       Do you have contracts working with any long-term disability companies who may be trying to deny me  other types of benefits?

You want to make sure you hire a knowledgeable representative or attorney who is working for you and you alone. These above questions will help you figure out which representative is right for you.

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.

Expedited Disability Processing Times for Veterans

The Social Security Administration (“SSA”) announced a new initiative last month that would expedite Social Security Disability claims for veterans who are rated 100% Permanent and Totally (“P&T”) disabled by the Department of Veterans Affairs (“VA”). The new initiative only expedites the Social Security Disability claims process and does not guarantee approval of such benefits. In order to have a case expedited, the veteran must tell SSA that they have a VA disability compensation of 100% P&T and provide his/her VA notification and award letter to SSA. SSA will flag the case for expedited processing.

 SSA will still require that the veteran meet SSA’s own definition of disability. However, the veteran will not have to wait the normal average timeframe of 120 to 270 days it takes SSA to process a claim. This expedited process was already in effect for Wounded Warrior claims. Thus, it is an expansion of existing expedited processes that have been applicable to other veteran groups. SSA plans to launch this new process in mid-March.

 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.

The Differences Between State Disability and Social Security Disability

California is a unique state in that we have both a Federal and a State Disability program. State Disability is administered by the Employment Development Department (“EDD”) of California. Social Security Disability is administered by the Social Security Administration, a Federal Agency of the United States.

 State Disability is a temporary disability program that provides California workers temporary benefits for up to one year. State Disability can never be extended for more than a year period. In order to qualify for State Disability, you must have had paid into the State Disability Insurance Fund. Some County employees in California do not pay into the State system because they have their own private disability programs through their County employers. In order to apply for State Disability, you must be unable to perform your customary work for at least 8 days before applying. You also must submit your application within 49 days of the date you became disabled or you may lose your benefits. Eligibility for State Disability is dependent on your doctor completing a certification form addressing your disability.

 On the other hand, Social Security Disability is a much more complex process. You can apply for Social Security Disability at any time, as long as you have paid enough into the Federal Insurance Compensation Act “(FICA”). Like all insurance programs, Social Security Disability applicants must establish that they were disabled before their date-last-insured (“DLI”) expired. Unlike the State Disability program, your doctors do not fill out a certification form for Social Security Disability. Instead, the Commissioner of Social Security, through his delegated employees at the Social Security Administration, makes the determination as to whether an individual is disabled or not. However, getting your doctor to write a letter of support can be crucial in convincing the Social Security Administration that you are disabled. Social Security Disability benefits can last until you are able to return to work or until the Social Security Administration makes the determination that your disability has ceased.

 In spite of the fact that obtaining State Disability benefits is generally easier and has a far shorter procedural process than the Social Security Disability process, Social Security Disability payments are often less than what an individual receives from State Disability. State Disability benefits are paid out biweekly, while Social Security Disability benefits are paid monthly. State Disability and Social Security Disability benefits can offset each other. However, you can file for State Disability and Social Security Disability benefits simultaneously.

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.

The Social Security Administrations Announces New Compassionate Allowances Conditions

The Social Security Administration (“SSA”) announced this month the addition of 25 new Compassionate Allowances conditions to the Compassionate Allowances program. This brings the total number of conditions on the list to 225. Disabilities that comprise the Compassionate Allowance list represent the most serious disabilities that affect individuals. The purpose of the program is to expedite disability decisions, so individuals suffering from these severe diseases receive their benefit decisions as quick as possible. Close to 200,000 people with life-threatening disabilities have received their benefits through this expedited process.  The new additions include:

1. Angiosarcoma
2. Atypical Teratoid/Rhabdoid Tumor
3. Chronic Idiopathic Intestinal Pseudo Obstruction
4. Coffin- Lowry Syndrome
5. Esthesioneuroblastoma
6. Giant Axonal Neuropathy
7. Hoyeaal-Hreidarsson Syndrome
8. Intracranial Hemangiopericytoma
9. Joubert Syndrome
10. Leptomeningeal Carcinomatosis
11. Liposarcoma- metastatic or recurrent
12. Malignant Ectomesenchymoma
13. Malignant Renal Rhabdoid Tumor
14. Marshall-Smith Syndrome
15. Oligodendroglioma Brain Tumor- Grade III
16. Pallister-Killian Syndrome
17. Progressive Bulbar Palsy
18. Prostate Cancer - Hormone Refractory Disease - or with visceral metastases
19. Revesz Syndrome
20. Seckel Syndrome
21. Sjogren-Larsson Syndrome
22. Small Cell Cancer of the Thymus
23. Soft Tissue Sarcoma- with distant metastases or recurrent
24. X-Linked Lymphoproliferative Disease
25. X-Linked Myotubular Myopathy

To see a complete list of all the impairments which qualify for the Compassionate Allowances program, visit this website: http://www.ssa.gov/compassionateallowances/conditions.htm

 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.