Thursday, December 6,
2012
Mark Hinkle, Acting Press Officer
For Immediate Release
410-965-8904
[email protected]
Social Security Announces New
Compassionate Allowances Conditions
Fast Track Disability Process Will Now Include 200
Conditions
(Printer friendly version) Michael J. Astrue, Commissioner of Social Security, today announced 35 additional Compassionate Allowances conditions are in effect, bringing the total number of conditions in the expedited disability process to 200. Compassionate Allowances are a way to quickly identify diseases and other medical conditions that, by definition, meet Social Security’s standards for disability benefits. The program fast-tracks disability decisions to ensure that Americans with the most serious disabilities receive their benefit decisions within days instead of months or years. These conditions primarily include certain cancers, adult brain disorders, and a number of rare disorders that affect children. “We have achieved another milestone for the Compassionate Allowances program, reaching 200 conditions,” Commissioner Astrue said. “Nearly 200,000 people with severe disabilities nationwide have been quickly approved, usually in less than two weeks, through the program since it began in October 2008.” By definition, these conditions are so severe that Social Security does not need to fully develop the applicant’s work history to make a decision. As a result, Social Security eliminated this part of the application process for people who have a condition on the list. Social Security has held seven public hearings and worked with experts to develop the list of Compassionate Allowances conditions. The hearings also have helped the agency identify ways to improve the disability process for applicants with Compassionate Allowances conditions. For more information on the Compassionate Allowances initiative, please visitwww.socialsecurity.gov/compassionateallowances. New Compassionate Allowances Conditions
410-965-8904 FAX 410-966-9973
SOCIAL
SECURITY EXAMINES MASSIVE, YEARS-OLD BACKLOG
Despite hiring new judges with
an additional $150 million in funding, the Social Security Administration’s
backlog of disability claims has not been appreciably reduced over the
last year, although the agency has
processed most cases that have
been in the pipeline the longest.
A person claiming disability benefits must
prove to the Social Security Administration (SSA) that she or he is
unable to perform any degree of work in order to begin receiving Social Security Disability Insurance. Initial
applications are often
denied, leading to an appeal to an administrative law judge (ALJ) for
reconsideration.
More than 760,000 cases were pending review from an
ALJ at the end of September. This is 14,000 more
cases than were
pending in September 2007,, and shows that growth in the backlog had slowed
significantly. Previously, SSA had added about 70,000 cases to its
backlog annually.
According to agency data, the average wait for a decision
in September 2008 was 509 days. This is slightly
longer than the
average wait one year ago. During fiscal year 2008, SSA hired 190 new ALJs,
opened a
National Hearing Center (NHC), and eliminated virtually the
entire backlog of over 135,000 cases that had
been waiting over 900
days for a hearing decision.
SSA notes that the hiring of new ALJs was
critical, but it will take a number of months before they become
fully productive. The NHC will give SSA the capability of conducting
video hearings in cities with the worst
backlogs. The agency is
also working with the Government Services Administration to establish new
hearing
offices.
Information courtesy of Bob Weiss, Patient
Advocate
What I learned was that ALL your doctors need to
support you and write letters of support, fill out forms
correctly.
You want to know when they get a form, when they submit it to SSD and you want
a copy of it.
The best advice is to check in with your doctor
routinely and make an appt when you know they have a
form and go
over it with them when they fill it out. Don't rely on them to remember what
you talked about
later on in the day when trying to fill in the
form.
Always write down dates you speak to SSD people, send in
information, etc. Keep a log of everything you
do, also make sure
you have a copy of everything you sent in, things get lost easily. Cooperate,
don't cop
an attitude.
If denied you will go to their
doctors when you file an appeal. Take information with you (the docs may not
read it) and make sure you cooperate but also make sure the doctor
knows you have limitations. If you
can't do something asked, tell
the doctor you cannot and why you cannot do it.
You may not need a
lawyer for an appeal, but it is a smart choice to have one. Your lawyer can
compliment
your case by thinking of things you may not think of due
to nervousness. Look for a lawyer that will take
you on
consignment, if you win, they get paid.
When going to the Judge for your appeal, this is your chance to tell your story and life, make sure you get in
everything! An example for me was:
Judge: "You have high
blood pressure and are on what meds?"
Me: "I take tenormin for my blood
pressure, and at my last appt my pressure was 190/120, at that time we
also discussed my blood tests and I test high for sugar as
well"
ALWAYS elaborate and get in every single condition and problem you
have!
Author: Tina Budde of Lymphland International Lymphedema Online,
President of Lymphland.
Increase your chances of winning your
disability claim by the following:
http://www.disabilitysecrets.com/advice.html
Disability
Secrets Website above linked contains information on the
following:
Practical advice on filing.
How to file your claim
How to
improve your chances to win
If your claim is denied
Request an
appeal
How to find an attorney
Free claim evaluation
Where to find an
attorney
Just a note, Disability Secrets is the most complete resource for
disability I have ever seen. You will
definitely want to check the
links below and check over the entire website for
information.
-------------------------------------------------
OUTDATED
LAWS CAUSE EMPLOYEE BENEFIT GAP:
http://www.ncpa.org/prs/rel/2006/20060419.html
Outdated Laws
Cause Employee Benefit Gap
New Book Shows Inflexible Labor and Benefit
Laws Present Challenge for Modern Families
April 19,
2006
Media Contacts:
Sean Tuffnell
(972)
308-6481
NCPA
DALLAS ( April 19, 2006 ) – Even more serious
than a wage gap between men and women, is an
employee benefit gap.
According to a soon-to-be-released book, Leaving Women Behind: Modern
Families,
Outdated Laws, federal policies encourage employers to provide life insurance,
disability insurance
and even day care for children; yet not
everyone is treated the same.
"Our major economic institutions —
including tax law, labor law, and employee benefits law, as well as
Social Security, and retirement policies — were designed for families
with a full-time worker and a stay-at-
home spouse," said Kim
Strassel, editorial writer for the Wall Street Journal and co-author of the
book. "By
comparison, they punish every other arrangement." For
example:
Because of rigid tax laws and employee benefits laws, if both
spouses work full-time they will likely receive
duplicate,
unnecessary sets of benefits. A wife, for example, will be unable to acquire
higher wages in return
for forgoing health and pension benefits she
acquires through her husband's employer.
In a free labor market, one would
expect to find a wide variety of work arrangements. Not every two-
earner couple will want to work 40 hour weeks. Some might opt for 25 to
30 hour weeks so they can
spend more time with each other or
raising children. But rigid tax and employee benefits laws make such
arrangements
largely impossible for people who need health insurance, pensions and other
benefits.
Women raising children or caring for an ailing parent have other
reasons to want flexibility in working hours.
However, rigid labor
laws often deny them the opportunity to attend a child's soccer game or take a
parent
to the doctor one week and make up the hours the following
week.
The book argues that our nation's employee benefit system needs to be
reformed in order to meet the needs
of modern women, who are more
likely to work part time so they can also take care of family members, and
who move from job-to-job and in and out of the labor market more
frequently than men.
Leaving Women Behind: Modern Families, Outdated
Laws is a forthcoming book by Kim berly Strassel,
editorial writer
for the Wall Street Journal; John C. Goodman, president of the National Center
for Policy
Analysis (NCPA); and Celeste Colgan, an NCPA senior
fellow. It is published by Rowman & Littlefield in
cooperation
with the Manhattan Institute and will be available at booksellers, including
Amazon.com, this
May.
The NCPA is an internationally known
nonprofit, nonpartisan research institute with offices in Dallas and
Washington,
D. C. that advocates private solutions to public policy problems. We depend on
the
contributions of individuals, corporations and foundations that
share our mission. The NCPA accepts no
government
grants.
---------------------------------------------
Introduction
To Social Security
March 31, 2006 | By Jim McWhinney
http://www.investopedia.com/articles/retirement/06/socialsecurity.asp
Social
Security is a federal benefits program the United States developed in 1935.
While the program
encompasses disability income, veterans'
pensions, public housing and even the food stamp program, it is
most commonly associated with retirement benefits. However, if you
still have many working years ahead of
you, you may not be able to
depend on these benefits as a source of income. In this article, we go over how
the Social Security system works and why it is predicted to fail in
the future.
The Social Security system is funded through payroll taxes.
The Federal Insurance Contributions Act
(FICA) mandates a 12.4% levy
on the first $94,200 (2006 limit) of each individual's earned income each
year. The employer pays 6.2% and the employee pays 6.2%. Self-employed
individuals pay the full 12.4%.
Contrary to popular belief, this money
is not put in trust for the individual employees who are paying into the
system, but is used to pay existing retirees. Any excess is invested in
U.S. Treasury bonds.
Here are some of the things you can do if
you visit the Social Security Administration online. The Web site
address is www.socialsecurity.gov.
Apply for
benefits. One can apply for Social Security retirement, spouse's or disability
benefits over the
Internet. If you are applying for disability
benefits you'll also need to complete the disability report, which
also is available online. Need to take a break or look for some records
to answer the questions? You can
leave and then come back to
complete your application or report. After you have applied, you can check
back online for the status of your application.
See if you
qualify for Social Security. You can use the online Benefit Eligibility
Screening Tool, or BEST, to
see which kind of benefits you might be
eligible to apply for. Just answer a series of questions and find out
whether
you are eligible for retirement, disability or Supplemental Security Income
(SSI) benefits. You can
even find out whether you might be eligible
for Medicare benefits. All of this can be done by completing one
simple questionnaire, and it only takes about 5-10
minutes.
Request a statement. Every year we send a Social Security
statement to all workers age 25 or older. It
arrives about three
months before your birthday. Your statement includes a detailed report of your
earnings
over the years as well as an estimate of benefits you
would receive upon retirement or disability, and an
estimate of how
much your family would be eligible for in survivors' benefits if you die.
Request a statement
online and we'll mail it to you within two-four
weeks.
Find the Social Security office closest to you. There's so much
you can do online, but sometimes you may
want to talk with a Social
Security representative face-to-face. If that's the case, your first step is to
visit our
online field officer locator. Just type in your ZIP code
and find the Social Security office closest to you.
Get a password. With
a password, you can check the information and benefit amounts in your Social
Security records and change your address, telephone number or
direct deposit account information without
leaving the comfort of
your home.
This is just a sample of the many services now available
online from Social Security. So whatever your
business with Social
Security may be, check out our Web site and visit "Online Claims and Services"
at
www.socialsecurity.gov. The Tyler office is located at 5509 S.
Donnybrook Ave.
Source: Leo J. Rossler is a Social Security district
manager based in Tyler
http://www.socialsecurity.gov
------------------------------------
Preventing
Disability from Disfiguring Lymphedema
A community volunteer shows how
to properly wash and dry the legs of a person with lymphedema. This is
a critical hygiene component that helps prevent further local
infection.Lymphatic filariasis is one of the world’
s leading causes
of permanent and long-term disability. About 120 million people are affected
worldwide,
and 40 million people are incapacitated and disfigured by
this parasitic disease that is transmitted by
mosquitoes. Although
transmission of this neglected tropical disease can be prevented, lymphatic
filariasis is
currently endemic in 81 countries and territories, and
over 1.3 billion people are at risk. To address this
threat, CDC
has partnered with several organizations to interrupt transmission and prevent
disability in those
who already have the disease.
Lymphedema
is a disfiguring condition that causes swelling of the limb and changes in the
skin, and it is often
a physically deforming consequence of
lymphatic filariasis. There is no treatment available for lymphedema,
but
patients can improve with some basic daily management such as washing of the
legs and feet to prevent
infection of wounds. Lymphedema patients
are more vulnerable to infections, similar to patients with
advanced diabetes in their feet and legs, which can lead to
life-threatening sepsis. Early treatment of bacterial
and fungal
infections, elevation, and exercise will also help people to manage
lymphedema.
In 2008, CDC partnered with Interchurch Medical Assistance,
a US-based nongovernmental organization,
and provided key technical
assistance in implementing large-scale lymphedema management
programs.
India
An estimated 590 million of the 1.3 billion people at
risk for lymphatic filariasis live in 250 districts in India
and
constitute about 40% of the world’s burden of this disease. Since its inception
in July 2007, the
Lymphedema Management Project in Orissa State has
enrolled more than 5,500 patients in the program
and constructed
more than 5,000 sandals for patients who do not have shoes (Phase I of the
project).
Although wearing these sandals does not prevent
lymphedema, they can prevent infections that lead to
worsening
lymphedema and elephantiasis of the leg.
Phase II of the project began
in the summer of 2008. Three new areas of Khurda district are now part of
the project, and an additional 9,000 lymphedema patients are expected
to be enrolled in the program by
mid-2009. Volunteers from the
communities, health supervisors and personnel, patients, and family members
have received both classroom and hands-on practical training in
lymphedema management. To date, more
than 1,200 people have been
trained in 30 workshops, and 300 local volunteers have provided care to
more than 5,500 lymphedema patients in the first year of the
study.
Future plans include continued scale-up of the program to the
entire district, enrolling close to 22,000
lymphedema patients by
June 2010. This will be the largest nongovernmental organization-run lymphedema
management program in India. A toolkit is being created to assist
other nongovernmental organizations, in
India and elsewhere, in
starting their own programs.
Togo
Togo is a small, West African
country of 5.5 million in which 35% of the population live in extreme poverty.
With CDC’s assistance, Togo has become the first country in Africa
with a national lymphedema treatment
program. Health workers in
more than 500 dispensaries and some 10,000 village community workers have
been trained to diagnose lymphedema, discuss treatment and prevention,
and provide motivation and
support; about 1,000 patients with
lymphedema are enrolled in the treatment program.
By using town criers,
the radio, and posters, villages are building awareness of the program and
encouraging
villagers with lymphedema to go to dispensaries and
enroll in the program. As a result, success stories
abound in which
patients who couldn’t walk are now walking again. Almost all patients see an
improvement
in their quality of life, most likely leading to the
program becoming a model for lymphedema programs in
other West
African countries.
http://www.cdc.gov/about/stateofcdc/html/2008/Science07Disability.htm
------------------------------------------
Applying
for Social Security Disability
By Karen Lee Richards
Applying for
Social Security Disability Insurance can seem like a daunting task. Who gets
approved and
why often seems mysterious, random and sometimes
unfair. This article will attempt to break down both the
application and appeals processes into manageable and understandable
steps.
There are two types of disability benefits available through
the Social Security Administration (SSA):
• Social Security
Disability Insurance (SSDI) – Pays benefits if you have worked long enough and
have
paid Social Security taxes within the past five
years.
• Supplemental Security Income (SSI) – Pays benefits based on
your financial need.
If you're unsure which program you qualify for, use
the Benefits Eligibility Screening Tool to see which
program you
may be eligible for. The steps and information in this article apply only to
SSDI. For more
information about applying for SSI, see:
Supplemental Security Income Home Page
How SSA Decides If You Are
Disabled
In determining whether or not you are disabled, SSA ask five
questions:
1) Are you working? If you are working and earning an
average of more than $980 a month, they do not
consider you
disabled.
2) Is your condition “severe”? Your condition must
interfere with basic work-related activities.
3) Is your condition
found in the list of disabling conditions? The SSA has a list of conditions
they
consider so severe, they automatically mean you are disabled.
If your condition is not on the list, they have
to decide if it is
equal in severity to another condition on the list. To check the SSA list of
disabling
conditions, see: Listing of Impairments If your
condition is not on the list or equal in severity, they move to
question four.
4) Can you do the work you did previously? If
the SSA determines that your condition does not interfere
with the
work you previously did, your claim will be denied. If it does interfere, they
then proceed to
question 5.
5) Can you do any other type
of work? It's not enough just to be unable to do your previous job. They
also look at your medical conditions, age, education, past work
experience and transferable skills to
determine if you could adjust
to doing other types of jobs.
The SSDI Application Process
If after
answering the five questions you feel you would qualify for disability
benefits, it's time to file your
application. The SSA provides a
Disability Starter Kit to help you. The kit includes a fact sheet of basic
information, a checklist of the information and documents you'll need
to gather, a worksheet to help you
prepare for your disability
interview, and a link to an online application. If you prefer not to apply
online,
you can call the SSA at 1-800-772-1213 to request an
application or visit your local SSA office. If you
have any
problems filling out your application, you can request help from your local SSA
office.
SSDI benefits will not be paid until you have been disabled for
at least five continuous months. After being
disabled for two
years, you will qualify for Medicare. But don't put off applying because the
longer you
wait, the longer it will be until you can start
receiving benefits. As soon as you know you won't be able to
work
for at least a year, file your application.
Here are some tips to
remember when applying for SSDI:
• There are only two things you have
to prove: 1) that you are unable to do any substantial work due to
your medical condition; and 2) that your condition must be expected to
last at least one year or be terminal.
• When filling out forms or
answering questions during your disability interview, be honest, but only
answer
the questions you're asked. Don't give additional
information. It may be tempting to stress what a hard
worker you
were, what a good education you've had, or how successful you've been. Resist
that
temptation. Remember, they're going to be looking for any kind
of work you may be able to do.
Volunteering unasked for
information will only give more potential options for denying your claim. It
might
be good to apply part of the Miranda Rights statement here,
“Anything you say can and will be used against
you...” (Note: I'm
not suggesting you try to cheat the system. If you're able to do some kind of
work, then
you should do so. I'm just saying not to make things
harder on yourself by creating more things you have to
prove you
can't do.)
Be sure to list all your symptoms and medical conditions.
You may be more likely to be approved for
something other than your
primary diagnosis. For example, I know of a number of fibromyalgia patients
who were approved for SSDI based on their Migraines or depression
rather than their fibromyalgia.
• The SSA will request your medical
records from your doctor(s). The fact that your doctor says you're
disabled is not enough to qualify you to receive SSDI benefits. Your
medical records will need to show a
history of your symptoms,
diagnoses, test results, and treatments as well as physical limitations and
dysfunctions. It's best if you've been seeing one doctor for a long
period of time. This provides an easily
traceable record of the
progression of your condition, tests done, treatments tried, etc.
•
You need to be seeing your doctor on a regular and fairly frequent basis to
show that you're seeking
treatment for ongoing problems. Just
going to the doctor once a year is probably not going to be enough to
convince
them that your condition is severe enough to prevent you from working.
•
The kind of notes your doctor has made in your file can make a big
difference in the SSA's decision.
Unfortunately, just noting that
you have a herniated disk or fibromyalgia is not enough. They want to know
how your condition has affected your ability to function and do your
job. Pain is subjective and difficult to
prove. What carries more
weight is comparisons between what you used to be able to do and what you
can do now. Help your doctor make good notes by being clear about the
physical limitations your condition
has caused you and how it has
impacted both your daily functioning and your work. For example, “My old
job required me to sit at a computer all day. Now I can't sit for more
than 20 minutes before the pain is so
bad I'm not able to
concentrate.”
• Get copies of your medical records and submit them
with your SSDI application. Although this is not
required, it can
speed up the processing of your claim significantly. One of the main reasons
SSDI claims
take so long to process is because they are waiting to
receive your medical records from your doctor.
Applications that
come in complete with medical records are processed much more quickly. It also
helps
ensure the SSA has all of your information to consider. If
enough time passes and the SSA hasn't been able
to get your medical
records, they will make a decision based on the information they have. In
order for you
to have the best chance of being approved, they need
to have all of your records.
Once you have submitted your application,
the SSA may request that you be examined by one of their
consulting
doctors. This generally happens if they don't feel they have adequate
information from your
regular doctor(s) to make a determination. If
you're asked to do this, be sure to keep the appointment,
cooperate fully with the doctor, and answer any questions honestly.
According to the SSA, it usually takes about three to five months from
the time you submit your application
to get a decision.
Approximately 35% of claims are approved at this stage. If your claim is
denied, don't
give up. Most claims are not approved without going
through the appeals process and being heard by an
Administrative Law
Judge.
The Appeals Processing
There are four possible steps to
the appeals process:
• Reconsideration – If your initial SSDI
application is denied, you have 60 days to file an appeal. At this
point, you need to complete a Request for Reconsideration and an Appeal
Disability Report. Both forms
can be filled out online or you can
request them from your local SSA office. Someone at the State Disability
Determination Services office will review your medical records (not the
same person who made the initial
determination) and make a new
determination. Only about 15% of appeals are approved at this level.
•
Hearing – If your appeal is denied, you have 60 days to request a hearing
before a judge. Again, you'll
need to complete two forms: a Request
for Hearing by Administrative Law Judge and an Appeal Disability
Report. As before, both forms can be filled out online or you can
request them from your local SSA office.
At this point, most
people seek representation by an attorney or other qualified representative.
Although
you can get a representative at any point in the process,
it's highly recommended when you're preparing for
a hearing.
Lawyers take SSDI cases on a contingency basis – if you don't win, they don't
get paid. If you
do win, fees are set by the SSA. Your legal
representative will receive either 25% of the back benefits you
receive or $5,300, whichever is less. The good news is that nearly 70%
of claims are approved when heard
by a judge.
• Appeals
Council Review – If the judge denies your claim, you can request a review by
the Appeals
Council. Whether to appeal the judge's decision or
start the process over with an entirely new SSDI
application is
something you should discuss with your SSDI attorney. Since your chances of
approval
dwindle at this point, you'll need to decide which course
would be your best option. If you decide to
appeal, you'll need to
complet a Request for Review of Decision/Order of Administration Law Judge.
This
cannot be done online. You'll have to get the form from your
local SSA office. Your request will be sent to
the Office of
Disability Adjudication and Review, where someone will review your records and
make a
decision.
• District Court Case – Finally, if the
Appeals Council denies your appeal, you can have your attorney file
a case against the SSA in District Court. Your case will be heard by a
district judge, who will make the
decision.
Applying for and
receiving SSDI is not an easy or quick procedure. It can easily take a couple
of years to
go through the entire process. But if you're unable to
work because of your medical condition, don't hesitate
to file.
SSDI is not charity. It's insurance that you've paid for with your Social
Security taxes. If you're
disabled, you're entitled to it.
_____________
Sources:
(2009, April 2). Disability
Programs. Retrieved May 29, 2009, from Social Security Web site:
http://www.
ssa.gov/disability/
Morre, Tim
Social Security Disability SSI Benefits. Retrieved May 29, 2009, from
Disability Secrets Web
site:
http://www.disabilitysecrets.com/
Matallana, Lynne (2005, July 27).
How to Apply for Social Security Disability Insurance Benefits .
Retrieved May 29, 2009, from National Fibromyalgia Association How to
Apply for Social Security
Disability Insurance Benefits Web site:
www.fmaware.org/site/News2?page=NewsArticle&id=6245
(Printer friendly version) Michael J. Astrue, Commissioner of Social Security, today announced 35 additional Compassionate Allowances conditions are in effect, bringing the total number of conditions in the expedited disability process to 200. Compassionate Allowances are a way to quickly identify diseases and other medical conditions that, by definition, meet Social Security’s standards for disability benefits. The program fast-tracks disability decisions to ensure that Americans with the most serious disabilities receive their benefit decisions within days instead of months or years. These conditions primarily include certain cancers, adult brain disorders, and a number of rare disorders that affect children. “We have achieved another milestone for the Compassionate Allowances program, reaching 200 conditions,” Commissioner Astrue said. “Nearly 200,000 people with severe disabilities nationwide have been quickly approved, usually in less than two weeks, through the program since it began in October 2008.” By definition, these conditions are so severe that Social Security does not need to fully develop the applicant’s work history to make a decision. As a result, Social Security eliminated this part of the application process for people who have a condition on the list. Social Security has held seven public hearings and worked with experts to develop the list of Compassionate Allowances conditions. The hearings also have helped the agency identify ways to improve the disability process for applicants with Compassionate Allowances conditions. For more information on the Compassionate Allowances initiative, please visitwww.socialsecurity.gov/compassionateallowances. New Compassionate Allowances Conditions
- Adult Non-Hodgkin Lymphoma
- Adult Onset Huntington Disease
- Allan-Herndon-Dudley Syndrome
- Alveolar Soft Part Sarcoma
- Aplastic Anemia
- Beta Thalassemia Major
- Bilateral Optic Atrophy- Infantile
- Caudal Regression Syndrome –
Types III and IV - Child T-Cell Lymphoblastic Lymphoma
- Congenital Lymphedema
- DeSanctis Cacchione Syndrome
- Dravet Syndrome
- Endometrial Stromal Sarcoma
- Erdheim Chester Disease
- Fatal Familial Insomnia
- Fryns Syndrome
- Fulminant Giant Cell Myocrditis
- Hepatopulmonary Syndrome
- Hepatorenal Syndrome
- Jervell and Lange-Nielsen Syndrome
- Leiomyosarcoma
- Malignant Gastrointestinal Stromal Tumor
- Malignant Germ Cell Tumor
- MECP 2 Duplication Syndrome
- Menkes Disease - Classic or Infantile Onset Form
- NFU-1 Mitochondrial Disease
- Non-Ketotic Hyperglycinemia
- Peritoneal Mucinous Carcinomatosis
- Phelan- McDermid Syndrome
- Retinopathy of Prematurity - Stage V
- Roberts Syndrome
- Severe Combined Immunodeficiency - Childhood
- Sinonasal Cancer
- Transplant Coronary Artery Vasculopathy
- Usher Syndrome - Type I
410-965-8904 FAX 410-966-9973
SOCIAL
SECURITY EXAMINES MASSIVE, YEARS-OLD BACKLOG
Despite hiring new judges with
an additional $150 million in funding, the Social Security Administration’s
backlog of disability claims has not been appreciably reduced over the
last year, although the agency has
processed most cases that have
been in the pipeline the longest.
A person claiming disability benefits must
prove to the Social Security Administration (SSA) that she or he is
unable to perform any degree of work in order to begin receiving Social Security Disability Insurance. Initial
applications are often
denied, leading to an appeal to an administrative law judge (ALJ) for
reconsideration.
More than 760,000 cases were pending review from an
ALJ at the end of September. This is 14,000 more
cases than were
pending in September 2007,, and shows that growth in the backlog had slowed
significantly. Previously, SSA had added about 70,000 cases to its
backlog annually.
According to agency data, the average wait for a decision
in September 2008 was 509 days. This is slightly
longer than the
average wait one year ago. During fiscal year 2008, SSA hired 190 new ALJs,
opened a
National Hearing Center (NHC), and eliminated virtually the
entire backlog of over 135,000 cases that had
been waiting over 900
days for a hearing decision.
SSA notes that the hiring of new ALJs was
critical, but it will take a number of months before they become
fully productive. The NHC will give SSA the capability of conducting
video hearings in cities with the worst
backlogs. The agency is
also working with the Government Services Administration to establish new
hearing
offices.
Information courtesy of Bob Weiss, Patient
Advocate
What I learned was that ALL your doctors need to
support you and write letters of support, fill out forms
correctly.
You want to know when they get a form, when they submit it to SSD and you want
a copy of it.
The best advice is to check in with your doctor
routinely and make an appt when you know they have a
form and go
over it with them when they fill it out. Don't rely on them to remember what
you talked about
later on in the day when trying to fill in the
form.
Always write down dates you speak to SSD people, send in
information, etc. Keep a log of everything you
do, also make sure
you have a copy of everything you sent in, things get lost easily. Cooperate,
don't cop
an attitude.
If denied you will go to their
doctors when you file an appeal. Take information with you (the docs may not
read it) and make sure you cooperate but also make sure the doctor
knows you have limitations. If you
can't do something asked, tell
the doctor you cannot and why you cannot do it.
You may not need a
lawyer for an appeal, but it is a smart choice to have one. Your lawyer can
compliment
your case by thinking of things you may not think of due
to nervousness. Look for a lawyer that will take
you on
consignment, if you win, they get paid.
When going to the Judge for your appeal, this is your chance to tell your story and life, make sure you get in
everything! An example for me was:
Judge: "You have high
blood pressure and are on what meds?"
Me: "I take tenormin for my blood
pressure, and at my last appt my pressure was 190/120, at that time we
also discussed my blood tests and I test high for sugar as
well"
ALWAYS elaborate and get in every single condition and problem you
have!
Author: Tina Budde of Lymphland International Lymphedema Online,
President of Lymphland.
Increase your chances of winning your
disability claim by the following:
http://www.disabilitysecrets.com/advice.html
Disability
Secrets Website above linked contains information on the
following:
Practical advice on filing.
How to file your claim
How to
improve your chances to win
If your claim is denied
Request an
appeal
How to find an attorney
Free claim evaluation
Where to find an
attorney
Just a note, Disability Secrets is the most complete resource for
disability I have ever seen. You will
definitely want to check the
links below and check over the entire website for
information.
-------------------------------------------------
OUTDATED
LAWS CAUSE EMPLOYEE BENEFIT GAP:
http://www.ncpa.org/prs/rel/2006/20060419.html
Outdated Laws
Cause Employee Benefit Gap
New Book Shows Inflexible Labor and Benefit
Laws Present Challenge for Modern Families
April 19,
2006
Media Contacts:
Sean Tuffnell
(972)
308-6481
NCPA
DALLAS ( April 19, 2006 ) – Even more serious
than a wage gap between men and women, is an
employee benefit gap.
According to a soon-to-be-released book, Leaving Women Behind: Modern
Families,
Outdated Laws, federal policies encourage employers to provide life insurance,
disability insurance
and even day care for children; yet not
everyone is treated the same.
"Our major economic institutions —
including tax law, labor law, and employee benefits law, as well as
Social Security, and retirement policies — were designed for families
with a full-time worker and a stay-at-
home spouse," said Kim
Strassel, editorial writer for the Wall Street Journal and co-author of the
book. "By
comparison, they punish every other arrangement." For
example:
Because of rigid tax laws and employee benefits laws, if both
spouses work full-time they will likely receive
duplicate,
unnecessary sets of benefits. A wife, for example, will be unable to acquire
higher wages in return
for forgoing health and pension benefits she
acquires through her husband's employer.
In a free labor market, one would
expect to find a wide variety of work arrangements. Not every two-
earner couple will want to work 40 hour weeks. Some might opt for 25 to
30 hour weeks so they can
spend more time with each other or
raising children. But rigid tax and employee benefits laws make such
arrangements
largely impossible for people who need health insurance, pensions and other
benefits.
Women raising children or caring for an ailing parent have other
reasons to want flexibility in working hours.
However, rigid labor
laws often deny them the opportunity to attend a child's soccer game or take a
parent
to the doctor one week and make up the hours the following
week.
The book argues that our nation's employee benefit system needs to be
reformed in order to meet the needs
of modern women, who are more
likely to work part time so they can also take care of family members, and
who move from job-to-job and in and out of the labor market more
frequently than men.
Leaving Women Behind: Modern Families, Outdated
Laws is a forthcoming book by Kim berly Strassel,
editorial writer
for the Wall Street Journal; John C. Goodman, president of the National Center
for Policy
Analysis (NCPA); and Celeste Colgan, an NCPA senior
fellow. It is published by Rowman & Littlefield in
cooperation
with the Manhattan Institute and will be available at booksellers, including
Amazon.com, this
May.
The NCPA is an internationally known
nonprofit, nonpartisan research institute with offices in Dallas and
Washington,
D. C. that advocates private solutions to public policy problems. We depend on
the
contributions of individuals, corporations and foundations that
share our mission. The NCPA accepts no
government
grants.
---------------------------------------------
Introduction
To Social Security
March 31, 2006 | By Jim McWhinney
http://www.investopedia.com/articles/retirement/06/socialsecurity.asp
Social
Security is a federal benefits program the United States developed in 1935.
While the program
encompasses disability income, veterans'
pensions, public housing and even the food stamp program, it is
most commonly associated with retirement benefits. However, if you
still have many working years ahead of
you, you may not be able to
depend on these benefits as a source of income. In this article, we go over how
the Social Security system works and why it is predicted to fail in
the future.
The Social Security system is funded through payroll taxes.
The Federal Insurance Contributions Act
(FICA) mandates a 12.4% levy
on the first $94,200 (2006 limit) of each individual's earned income each
year. The employer pays 6.2% and the employee pays 6.2%. Self-employed
individuals pay the full 12.4%.
Contrary to popular belief, this money
is not put in trust for the individual employees who are paying into the
system, but is used to pay existing retirees. Any excess is invested in
U.S. Treasury bonds.
Here are some of the things you can do if
you visit the Social Security Administration online. The Web site
address is www.socialsecurity.gov.
Apply for
benefits. One can apply for Social Security retirement, spouse's or disability
benefits over the
Internet. If you are applying for disability
benefits you'll also need to complete the disability report, which
also is available online. Need to take a break or look for some records
to answer the questions? You can
leave and then come back to
complete your application or report. After you have applied, you can check
back online for the status of your application.
See if you
qualify for Social Security. You can use the online Benefit Eligibility
Screening Tool, or BEST, to
see which kind of benefits you might be
eligible to apply for. Just answer a series of questions and find out
whether
you are eligible for retirement, disability or Supplemental Security Income
(SSI) benefits. You can
even find out whether you might be eligible
for Medicare benefits. All of this can be done by completing one
simple questionnaire, and it only takes about 5-10
minutes.
Request a statement. Every year we send a Social Security
statement to all workers age 25 or older. It
arrives about three
months before your birthday. Your statement includes a detailed report of your
earnings
over the years as well as an estimate of benefits you
would receive upon retirement or disability, and an
estimate of how
much your family would be eligible for in survivors' benefits if you die.
Request a statement
online and we'll mail it to you within two-four
weeks.
Find the Social Security office closest to you. There's so much
you can do online, but sometimes you may
want to talk with a Social
Security representative face-to-face. If that's the case, your first step is to
visit our
online field officer locator. Just type in your ZIP code
and find the Social Security office closest to you.
Get a password. With
a password, you can check the information and benefit amounts in your Social
Security records and change your address, telephone number or
direct deposit account information without
leaving the comfort of
your home.
This is just a sample of the many services now available
online from Social Security. So whatever your
business with Social
Security may be, check out our Web site and visit "Online Claims and Services"
at
www.socialsecurity.gov. The Tyler office is located at 5509 S.
Donnybrook Ave.
Source: Leo J. Rossler is a Social Security district
manager based in Tyler
http://www.socialsecurity.gov
------------------------------------
Preventing
Disability from Disfiguring Lymphedema
A community volunteer shows how
to properly wash and dry the legs of a person with lymphedema. This is
a critical hygiene component that helps prevent further local
infection.Lymphatic filariasis is one of the world’
s leading causes
of permanent and long-term disability. About 120 million people are affected
worldwide,
and 40 million people are incapacitated and disfigured by
this parasitic disease that is transmitted by
mosquitoes. Although
transmission of this neglected tropical disease can be prevented, lymphatic
filariasis is
currently endemic in 81 countries and territories, and
over 1.3 billion people are at risk. To address this
threat, CDC
has partnered with several organizations to interrupt transmission and prevent
disability in those
who already have the disease.
Lymphedema
is a disfiguring condition that causes swelling of the limb and changes in the
skin, and it is often
a physically deforming consequence of
lymphatic filariasis. There is no treatment available for lymphedema,
but
patients can improve with some basic daily management such as washing of the
legs and feet to prevent
infection of wounds. Lymphedema patients
are more vulnerable to infections, similar to patients with
advanced diabetes in their feet and legs, which can lead to
life-threatening sepsis. Early treatment of bacterial
and fungal
infections, elevation, and exercise will also help people to manage
lymphedema.
In 2008, CDC partnered with Interchurch Medical Assistance,
a US-based nongovernmental organization,
and provided key technical
assistance in implementing large-scale lymphedema management
programs.
India
An estimated 590 million of the 1.3 billion people at
risk for lymphatic filariasis live in 250 districts in India
and
constitute about 40% of the world’s burden of this disease. Since its inception
in July 2007, the
Lymphedema Management Project in Orissa State has
enrolled more than 5,500 patients in the program
and constructed
more than 5,000 sandals for patients who do not have shoes (Phase I of the
project).
Although wearing these sandals does not prevent
lymphedema, they can prevent infections that lead to
worsening
lymphedema and elephantiasis of the leg.
Phase II of the project began
in the summer of 2008. Three new areas of Khurda district are now part of
the project, and an additional 9,000 lymphedema patients are expected
to be enrolled in the program by
mid-2009. Volunteers from the
communities, health supervisors and personnel, patients, and family members
have received both classroom and hands-on practical training in
lymphedema management. To date, more
than 1,200 people have been
trained in 30 workshops, and 300 local volunteers have provided care to
more than 5,500 lymphedema patients in the first year of the
study.
Future plans include continued scale-up of the program to the
entire district, enrolling close to 22,000
lymphedema patients by
June 2010. This will be the largest nongovernmental organization-run lymphedema
management program in India. A toolkit is being created to assist
other nongovernmental organizations, in
India and elsewhere, in
starting their own programs.
Togo
Togo is a small, West African
country of 5.5 million in which 35% of the population live in extreme poverty.
With CDC’s assistance, Togo has become the first country in Africa
with a national lymphedema treatment
program. Health workers in
more than 500 dispensaries and some 10,000 village community workers have
been trained to diagnose lymphedema, discuss treatment and prevention,
and provide motivation and
support; about 1,000 patients with
lymphedema are enrolled in the treatment program.
By using town criers,
the radio, and posters, villages are building awareness of the program and
encouraging
villagers with lymphedema to go to dispensaries and
enroll in the program. As a result, success stories
abound in which
patients who couldn’t walk are now walking again. Almost all patients see an
improvement
in their quality of life, most likely leading to the
program becoming a model for lymphedema programs in
other West
African countries.
http://www.cdc.gov/about/stateofcdc/html/2008/Science07Disability.htm
------------------------------------------
Applying
for Social Security Disability
By Karen Lee Richards
Applying for
Social Security Disability Insurance can seem like a daunting task. Who gets
approved and
why often seems mysterious, random and sometimes
unfair. This article will attempt to break down both the
application and appeals processes into manageable and understandable
steps.
There are two types of disability benefits available through
the Social Security Administration (SSA):
• Social Security
Disability Insurance (SSDI) – Pays benefits if you have worked long enough and
have
paid Social Security taxes within the past five
years.
• Supplemental Security Income (SSI) – Pays benefits based on
your financial need.
If you're unsure which program you qualify for, use
the Benefits Eligibility Screening Tool to see which
program you
may be eligible for. The steps and information in this article apply only to
SSDI. For more
information about applying for SSI, see:
Supplemental Security Income Home Page
How SSA Decides If You Are
Disabled
In determining whether or not you are disabled, SSA ask five
questions:
1) Are you working? If you are working and earning an
average of more than $980 a month, they do not
consider you
disabled.
2) Is your condition “severe”? Your condition must
interfere with basic work-related activities.
3) Is your condition
found in the list of disabling conditions? The SSA has a list of conditions
they
consider so severe, they automatically mean you are disabled.
If your condition is not on the list, they have
to decide if it is
equal in severity to another condition on the list. To check the SSA list of
disabling
conditions, see: Listing of Impairments If your
condition is not on the list or equal in severity, they move to
question four.
4) Can you do the work you did previously? If
the SSA determines that your condition does not interfere
with the
work you previously did, your claim will be denied. If it does interfere, they
then proceed to
question 5.
5) Can you do any other type
of work? It's not enough just to be unable to do your previous job. They
also look at your medical conditions, age, education, past work
experience and transferable skills to
determine if you could adjust
to doing other types of jobs.
The SSDI Application Process
If after
answering the five questions you feel you would qualify for disability
benefits, it's time to file your
application. The SSA provides a
Disability Starter Kit to help you. The kit includes a fact sheet of basic
information, a checklist of the information and documents you'll need
to gather, a worksheet to help you
prepare for your disability
interview, and a link to an online application. If you prefer not to apply
online,
you can call the SSA at 1-800-772-1213 to request an
application or visit your local SSA office. If you
have any
problems filling out your application, you can request help from your local SSA
office.
SSDI benefits will not be paid until you have been disabled for
at least five continuous months. After being
disabled for two
years, you will qualify for Medicare. But don't put off applying because the
longer you
wait, the longer it will be until you can start
receiving benefits. As soon as you know you won't be able to
work
for at least a year, file your application.
Here are some tips to
remember when applying for SSDI:
• There are only two things you have
to prove: 1) that you are unable to do any substantial work due to
your medical condition; and 2) that your condition must be expected to
last at least one year or be terminal.
• When filling out forms or
answering questions during your disability interview, be honest, but only
answer
the questions you're asked. Don't give additional
information. It may be tempting to stress what a hard
worker you
were, what a good education you've had, or how successful you've been. Resist
that
temptation. Remember, they're going to be looking for any kind
of work you may be able to do.
Volunteering unasked for
information will only give more potential options for denying your claim. It
might
be good to apply part of the Miranda Rights statement here,
“Anything you say can and will be used against
you...” (Note: I'm
not suggesting you try to cheat the system. If you're able to do some kind of
work, then
you should do so. I'm just saying not to make things
harder on yourself by creating more things you have to
prove you
can't do.)
Be sure to list all your symptoms and medical conditions.
You may be more likely to be approved for
something other than your
primary diagnosis. For example, I know of a number of fibromyalgia patients
who were approved for SSDI based on their Migraines or depression
rather than their fibromyalgia.
• The SSA will request your medical
records from your doctor(s). The fact that your doctor says you're
disabled is not enough to qualify you to receive SSDI benefits. Your
medical records will need to show a
history of your symptoms,
diagnoses, test results, and treatments as well as physical limitations and
dysfunctions. It's best if you've been seeing one doctor for a long
period of time. This provides an easily
traceable record of the
progression of your condition, tests done, treatments tried, etc.
•
You need to be seeing your doctor on a regular and fairly frequent basis to
show that you're seeking
treatment for ongoing problems. Just
going to the doctor once a year is probably not going to be enough to
convince
them that your condition is severe enough to prevent you from working.
•
The kind of notes your doctor has made in your file can make a big
difference in the SSA's decision.
Unfortunately, just noting that
you have a herniated disk or fibromyalgia is not enough. They want to know
how your condition has affected your ability to function and do your
job. Pain is subjective and difficult to
prove. What carries more
weight is comparisons between what you used to be able to do and what you
can do now. Help your doctor make good notes by being clear about the
physical limitations your condition
has caused you and how it has
impacted both your daily functioning and your work. For example, “My old
job required me to sit at a computer all day. Now I can't sit for more
than 20 minutes before the pain is so
bad I'm not able to
concentrate.”
• Get copies of your medical records and submit them
with your SSDI application. Although this is not
required, it can
speed up the processing of your claim significantly. One of the main reasons
SSDI claims
take so long to process is because they are waiting to
receive your medical records from your doctor.
Applications that
come in complete with medical records are processed much more quickly. It also
helps
ensure the SSA has all of your information to consider. If
enough time passes and the SSA hasn't been able
to get your medical
records, they will make a decision based on the information they have. In
order for you
to have the best chance of being approved, they need
to have all of your records.
Once you have submitted your application,
the SSA may request that you be examined by one of their
consulting
doctors. This generally happens if they don't feel they have adequate
information from your
regular doctor(s) to make a determination. If
you're asked to do this, be sure to keep the appointment,
cooperate fully with the doctor, and answer any questions honestly.
According to the SSA, it usually takes about three to five months from
the time you submit your application
to get a decision.
Approximately 35% of claims are approved at this stage. If your claim is
denied, don't
give up. Most claims are not approved without going
through the appeals process and being heard by an
Administrative Law
Judge.
The Appeals Processing
There are four possible steps to
the appeals process:
• Reconsideration – If your initial SSDI
application is denied, you have 60 days to file an appeal. At this
point, you need to complete a Request for Reconsideration and an Appeal
Disability Report. Both forms
can be filled out online or you can
request them from your local SSA office. Someone at the State Disability
Determination Services office will review your medical records (not the
same person who made the initial
determination) and make a new
determination. Only about 15% of appeals are approved at this level.
•
Hearing – If your appeal is denied, you have 60 days to request a hearing
before a judge. Again, you'll
need to complete two forms: a Request
for Hearing by Administrative Law Judge and an Appeal Disability
Report. As before, both forms can be filled out online or you can
request them from your local SSA office.
At this point, most
people seek representation by an attorney or other qualified representative.
Although
you can get a representative at any point in the process,
it's highly recommended when you're preparing for
a hearing.
Lawyers take SSDI cases on a contingency basis – if you don't win, they don't
get paid. If you
do win, fees are set by the SSA. Your legal
representative will receive either 25% of the back benefits you
receive or $5,300, whichever is less. The good news is that nearly 70%
of claims are approved when heard
by a judge.
• Appeals
Council Review – If the judge denies your claim, you can request a review by
the Appeals
Council. Whether to appeal the judge's decision or
start the process over with an entirely new SSDI
application is
something you should discuss with your SSDI attorney. Since your chances of
approval
dwindle at this point, you'll need to decide which course
would be your best option. If you decide to
appeal, you'll need to
complet a Request for Review of Decision/Order of Administration Law Judge.
This
cannot be done online. You'll have to get the form from your
local SSA office. Your request will be sent to
the Office of
Disability Adjudication and Review, where someone will review your records and
make a
decision.
• District Court Case – Finally, if the
Appeals Council denies your appeal, you can have your attorney file
a case against the SSA in District Court. Your case will be heard by a
district judge, who will make the
decision.
Applying for and
receiving SSDI is not an easy or quick procedure. It can easily take a couple
of years to
go through the entire process. But if you're unable to
work because of your medical condition, don't hesitate
to file.
SSDI is not charity. It's insurance that you've paid for with your Social
Security taxes. If you're
disabled, you're entitled to it.
_____________
Sources:
(2009, April 2). Disability
Programs. Retrieved May 29, 2009, from Social Security Web site:
http://www.
ssa.gov/disability/
Morre, Tim
Social Security Disability SSI Benefits. Retrieved May 29, 2009, from
Disability Secrets Web
site:
http://www.disabilitysecrets.com/
Matallana, Lynne (2005, July 27).
How to Apply for Social Security Disability Insurance Benefits .
Retrieved May 29, 2009, from National Fibromyalgia Association How to
Apply for Social Security
Disability Insurance Benefits Web site:
www.fmaware.org/site/News2?page=NewsArticle&id=6245