Baton Rouge Social Security Disability Attorney Blog

Social Security disability can help those who can't work

2012-05-14T15:30:56Z

For most people in Louisiana, choosing to accept Social Security disability can be a very hard decision to make. Many times, it's a very difficult thing for individuals to accept the fact that they are incapable of working. Sometimes, however, the disability becomes so debilitating that there is no option but to accept the assistance of Social Security disability.

This is exactly what happened for one man who was finally forced on Social Security disability. After his conditions progressed, he couldn't even hold his guitar for the band that he played with, let alone work his other job as a tow truck driver. While he did everything that he could to avoid Social Security, when he was ultimately diagnosed with emphysema, neuropathy, diabetes and sleep apnea, he finally had to apply for Social Security disability income.

]]> For those who are currently receiving Social Security disability income, most will rarely enter the working environment again due to the incapacitating nature of their disease. More than 99 percent of those who are currently on Social Security will collect disability payments until they are of retirement age. Typically, this is not because those with disabilities don't try to work. In fact, many people with disabilities are actively involved in the job market. However, in this continually sluggish economy, many impaired persons cannot get or maintain jobs.

For those who are actively fighting to stay in work, it can often be hard to throw in the towel and admit that help may be needed. However, Louisiana residents who are currently disabled should know that there are many Social Security disability programs that may be beneficial and provide a helpful financial support in what is a very difficult time. Therefore, if you are one of the many people in this boat, you should apply as soon as possible as there is typically a long wait between the initial filing and when the first payments begin to arrive.

Source: Bangor Daily News, "Number of US workers claiming Social Security Disability Insurance climbs 22% in 5 years," Alex Kowalski, May 6, 2012

Social security disability enables woman to help others

2012-05-07T15:28:15Z

For Louisiana residents who are suffering from a mental illness and are struggling to make ends meet, there is hope in Social Security disability. Social Security disability not only covers those with physical handicaps, but it also helps those who are suffering from chronic mental illnesses. Through Social Security disability, many people who suffer from severe mental illness are able to get back on their feet and confront their conditions head-on.

Just ask one woman, who suffered from major depression, post-traumatic stress disorder, schizoaffective disorder and dissociative identity disorder. Though she tried to ignore her mental illness and simply focus on work when she was younger, she finally reached a point where she couldn't ignore her poor health any longer. After having extreme hallucinations and confusion, she finally sought help and counseling in a mental health center, which signed her up for Social Security disability.

]]> Through Social Security disability and other government services, she was finally able to get back on her feet. Though the illnesses are not entirely gone, she has come a long way after much help. Because of this, she has decided to work at a mental health center in an effort to provide some of the same services that saved her life.

For many Louisiana residents who suffer from a mental disease, it can be frightening to confront the reality of the illness. However, by doing so, it allows for the opportunity to live an easier life. Therefore, one might consider applying for Social Security disability, which can provide income in difficult times. In this manner, one may be able to alleviate some of the financial stress in life and focus on surviving an illness.

Source: Columbia Missourian, "Phone responder uses own mental illness to help her callers," Katy Bergen, April 29, 2012

Social Security disability programs may face needed reform

2012-04-30T18:55:53Z

During this election year, the presidential candidates have been largely quiet on Social Security disability programs. At first glance, this may not be too great of a concern for many people. After all, most Louisiana residents have concerns other than just Social Security disability programs, such as the economy, unemployment and healthcare. However, there may be another reason why major presidential candidates are curiously quiet about these programs - and for those who rely on Social Security benefits, it is not good news.

Several new projections looking at Social Security say that the program finances are depleting at a rate faster than was expected. A year ago, Administration actuaries predicted that Congress may need to make a major cut to disability benefits in 2018, but this year, the new forecast indicated that Congressional action may be required two years earlier, in 2016. Furthermore, the combined trust funds for both the elderly and disabled is predicted to be depleted by 2033.

]]> For those who are worried about losing their Social Security disability benefits in a couple of years, there is still hope. The Treasury Secretary has promised that they are currently looking at a major overhaul of Social Security that will allow those with disabilities to continue receiving the Social Security benefits that they need in order to survive. Instead of simply diverting the funds from the Social Security for old-age and survivors, the Treasury Secretary hopes that this major reform will help fund all Social Security programs for years to come.

As the Social Security disability program continues to evolve, it is hoped that it will improve its service. As the presidential candidates refine their platforms on important national issues, they will undoubtedly come up with possible solutions on how to improve these services. In the meantime, for Louisiana residents who are interested in filing disability claims, they may find it useful to follow the ongoing debate over Social Security programs as a means of understanding its potential relevance to individual claims and benefits.

Source: Investors Business Daily, "Disability crisis puts Social Security on 2012 agenda," Jed Graham, April 23, 2012

Payments go paperless for those with SSD claims

2012-04-25T19:03:06Z

For Louisiana residents with Social Security disability claims who are expecting a payment to come in the mail, this method of payment will soon end. The Social Security Administration has recently announced that all Social Security benefits will soon arrive digitally. In this way, the Social Security Administration hopes to save $120 million per year in printing and postage costs.

For most people who receive benefits, these changes are nothing new and have already been in place for quite a while. An estimated 90 percent of people currently receive their federal benefits electronically, and new beneficiaries were automatically set to receive electronic payments at the beginning of 2011. These people will receive the payments from Social Security through either direct deposit into their bank account or, if they do not have a bank account, onto a debit card.

]]> The reasoning behind this change, which will be effective for all recipients by March 2013, is mostly because of the perceived efficiency of the switch to electronic payments. For one, there will no longer be worries about misplacing a check, as the payment will be directly deposited into the payee's bank account. In 2010, at least 540,000 Social Security payments were reported as either lost or stolen. By switching over, it is hoped to minimize this amount.

Furthermore, these measures will hopefully improve service and free up money, which can be used to provide more benefits for those with disabilities. For Louisiana residents who are struggling with impairments and are in need of financial support, Social Security disability may be a viable option to assist with living expenses, medical bills or any other expenses that one may incur as a result of a disability. In this way, those who are disabled may be able to live more comfortably in spite of the struggles that they may face.

Source: ABC News, "Don't Wait for Social Security Check in the Mail," Stephen Ohlemacher, April 15, 2012

SSA announces changes to Social Security Disability process

2012-04-19T18:06:01Z

Many Louisiana residents may be happy to hear of a recent announcement by the Social Security Administration. In a press release that the agency issued on April 11, it announced that SSA would be expanding the Compassionate Allowances Program. The expansion could be of great benefit to those who are applying for Social Security Disability.

Normally, the process for applying to receive disability benefits from Social Security may take months or even years. However, some disabilities are more severe than others, and many do not have the luxury of waiting for their benefits to come through. To address this problem, SSA created the Compassionate Allowances Program.

]]> Under the program, those with the most serious disabilities have their application fast-tracked. That means that they could begin receiving the benefits they need within days of submitting the necessary paperwork. On April 11, the Commissioner of Social Security announced that the program would be expanded to include 52 new conditions, including many cancers and neurological disorders.

Even before the expansion, the program has already been of benefit to many. Since it began in 2008, nearly 173,000 applications have been approved under the program, with 61,000 of those coming from the most recent fiscal year. Moreover, SSA is also making steps to improve its online disability application process, which can shorten the time between application and approval of the benefits. For those in Louisiana who believe that they might need Social Security Disability in the future, these changes may come as welcomed news.

Source: Social Security Press Office, "Social security announces new conditions for compassionate allowances program," April 11, 2012

Social Security Disability recipient hurt by a rise in benefits

2012-04-11T19:16:05Z

Normally, when one hears that one's Social Security Disability benefits are increasing, it is a cause for celebration. After all, Social Security Disability benefits provide an invaluable service for all Louisiana residents who are suffering from disabilities. However, for one woman, this increase has created problems that may cost her substantially more than the small increase she now receives.

The woman suffers from a variety of illnesses, including multiple sclerosis, COPD, high blood pressure and a heart murmur. Her medication for multiple sclerosis alone costs $1,800 per month, which is almost twice her income that she receives from Social Security Disability. Furthermore, with that income, she is also supporting her 15-year-old granddaughter.

]]> At the beginning of 2012, she received a raise in her benefits along with other Social Security recipients. Instead of earning $923 a month, her monthly payment increased by $33 to $956 per month. However, the raise has put her $5 over the limit of full Medicaid coverage. This means that the woman, who is already struggling to survive on a meager budget, is now responsible for a Medicaid deductible of $2,082 each quarter in order to pay for her medication. Needless to say, the monthly increase has turned into a nightmare instead of additional assistance.

At first, Social Security declared that there was nothing it could do, saying that rules were rules. However, after media pressure, the government agency has started looking for a solution to the problem. Clearly, it is hoped that they find a reasonable resolution so that the woman can continue to receive the medicine she needs.

While this is only one woman, her story probably echoes true for Louisiana residents relying upon Social Security Disability benefits. The woman may now feel relieved that the issue is being examined. Hopefully, it will result in a happy ending. For those who are facing similar circumstances, they may consider stepping forward and working with the Social Security Administration. Furthermore, if you have any questions about your benefits, you can always contact a Social Security attorney.

Source: WCNC, "Local woman's increase in Social Security hinders health care," Bill McGinty, April 2, 2012

Social Security disability recipient was overpaid

2012-04-02T23:07:41Z

Many Louisiana residents know that Social Security disability can support those who are disabled and not able to work. However, it may come as a surprise that the federal and state governments work together to ensure that the level of benefits provided do not overlap. For most residents receiving Social Security disability benefits, this is not a problem; however when the government accidently gives individuals financial compensation for two or more sets of benefits, this can result in harsh penalties and ongoing litigation for innocent recipients.

One man who was diagnosed with schizophrenia experienced this exact problem. After hearing voices while stocking shelves in a retail store, his manager came to him and, after noting the man had been yelling and causing customers to be concerned, he was fired. After realizing that he needed to get help for his condition, he voluntarily checked himself into a mental hospital, where he was formally diagnosed with several mental disorders.

]]> Eventually, the man applied for Social Security disability benefits upon the recommendation of a physician. While he was originally rejected, he appealed and was ultimately granted benefits. However, one month after receiving his first Social Security disability benefits check, the unemployment agency in his state demanded the return of $3,000 - an amount he couldn't possibly have afforded - because his retroactive federal benefits overlapped with unemployment benefits he had already received. As a result, he is currently fighting the payment in court.

While his case is getting a lot of attention right now, he is neither the first nor the last person who will have this kind of problem. This recurring issue seems to be a consequence of miscommunication between government agencies.

For Louisiana residents who are experiencing a similar situation, there may be hope. While it may be confusing to navigate between the various government agencies while searching for justice, with the right kind of legal support, it may be possible for all claims of over-payment to be waived. More importantly, by clearing up these issues, those receiving Social Security disability benefits may find they have the economic support to get back on their feet as they battle their disability.

Source: St. Louis Today, "Mentally ill Dardenne Prairie man challenges unemployment bureaucracy," Steve Giegerich, March 23, 2012

Social Security disability examinations can be highly variable

2012-03-27T21:52:57Z

After numerous complaints about the program, the Social Security disability income program is finally being evaluated by the House Ways and Means Social Security subcommittee, with the help of RAND, which is an analysis company. According to complaints from those all over the nation, including from Louisiana, the Social Security disability income program has been swamped with more caseloads than it can handle. This has resulted in slow decision times for each case and a high amount of reversals at the claim appeal level.

Specifically, the evaluation has found that the examination process to determine whether someone is eligible for Social Security disability income may be inherently faulty. When RAND looked at the applications for Social Security disability income, it found that 15 percent of examiners approve claims at a rate of 6 percentage points higher than what an average examiner would give in the same case, even after adjusting for a variety of case-specific characteristics.

]]> Specifically, this means that 5 percent of examiners typically have claim approval rates that are 12 percentage points higher than the average surveyor. While this may sound like good news for those who plan to file for Social Security disability income, the reverse is also true. Sources say that 15 percent of examiners have claim approval rates that are 6 percentage points lower than what an average examiner would give in the same case, and 5 percent of examiners typically have claim approval rates that are 12 percentage points lower than the average examiner. This variance is startling and shows the disparity existing in the Social Security disability income decisions.

Nevertheless, if you are considering applying for Social Security disability income, do not give up hope. Though the initial examinations can often result in denials for applicants, through a claim appeal, it may be possible to reverse the determination and receive disability income from Social Security. For this reason, if you are struggling through the process, you may benefit from speaking to an attorney. A lawyer can help you explore and understand your legal rights.

Source: Life Health Pro, "RAND Analyst: Some SSDI Examiners Are Easy Graders," Allison Bell, March 20, 2012

The unemployment rate is higher for disabled individuals

2012-03-21T21:52:17Z

Though the job market is tough for everyone, it is especially tough for those who are disabled. In the United States, the nationwide unemployment rate for those with disabilities in January was 13 percent. Did you know that this is almost five percent higher than the average nationwide statistic, which stood at 8.3 percent the same month? With this level of unemployment, many Louisiana disabled residents are relying on Social Security disability income to make ends meet. While Social Security disability does not substitute for employment, this can help offset medical costs and the cost of living while people are looking for work.

One such individual who is using Social Security income is a 37-year-old woman who had a traumatic brain injury from a car accident in 2002. Though she looks fine to those around her, her brain has a hard time functioning at a normal level because of the accident.

]]> She was forced out of full-time work and is looking desperately for lighter part-time work in order to support her children. In order to support her family, she receives Social Security disability payments as her primary income.

Though this is one woman, there are plenty of other disabled people in her position that are receiving Social Security disability income as their primary source of income. These are people with varied types of physical and mental disabilities. Though grappling with a disability is always difficult, there is always help for disabled people who are struggling with medical bills and other living expenses.

Source: The Coloradoan, "Job market tougher on those with disabilities," Pat Ferrier, March 3, 2012

Social Security is a huge asset for disabled people

2012-03-16T21:14:52Z

Most people from Louisiana know the basics about Social Security, but they may not know about the specific Social Security disability programs that are available. They also do not know how these programs can help families get through difficult times. For these people, it should be welcome news that there is financial help for disabled people who are struggling to make ends meet. These Social Security disability programs, according to financial advisors throughout the country, can often give the disabled the income they need to support their families through hard times.

Many Americans only believe that Social Security is only for those who are at least 62-years-old and are retiring. However, there are many cases where young people with disabilities are able to receive income under Social Security to support themselves and their families.

]]> For example, a disabled thirty-year-old with a partner and two children may be eligible to earn $30,000 through Social Security disability income. Though this income may seem meager for those who are struggling with medical bills and supporting a family, financial sources say that it is calculated to be the equivalent of having $465,000 in disability insurance. Furthermore, should something horrible happen and the person earning Social Security income die, his or her family may still be covered by this government benefit.

Nobody wants to suffer from disabilities, and there are many people who are struggling daily with looming medical debt. However, for those who are forced to deal with all the consequences that come with debilitating disabilities, there is hope. If your disability has prevented you from either working or finding work, you should look into the Social Security disability program and other supportive disability benefits.

Source: The Republic, "Facts you might not know about Social Security," Eileen Ambrose, Mar. 12, 2012

United States raises colon cancer awareness this month

2012-03-09T20:37:27Z

This March, people across Louisiana and the rest of the United States are observing National Colorectal Cancer Awareness Month. Did you know that each year, approximately 150,000 people are diagnosed with colon cancer in the United States? The Colon Cancer Alliance indicates that colon cancer is the second-leading cause of death from cancer in the United States.

It is important to understand that if you are diagnosed with colon cancer, this does not mean you are automatically eligible for Social Security Disability benefits. Nevertheless, if your condition makes it impossible for you to work, you are probably entitled to apply.

]]> People should know that colon cancer is up to 90 percent preventable. If you are 50 years old, you should ensure that you get colon scans at least every 10 years. The CCA explains that timely screenings significantly reduce risks. Furthermore, if you have a family history of colon cancer, you should definitely implement regular colon exams.

Colon cancer symptoms include a change in bowel movement habits, persistent abdominal irritation, fatigue and rectal bleeding. If you detect colon cancer in its early stages, you have a greater chance of effective treatment. It is important to know that symptoms may not surface until the cancer has progressed. This emphasizes the need for regular screenings.

This month, the nation calls attention to the disease, many medical organizations offer advice to those facing challenges related to the illness. Remember, if you are suffering from colon cancer and feel burdened in your condition, there are potential supportive disability benefits available.

Source: Houston Chronicle, "March is National Colorectal Cancer Awareness Month," Mar. 8, 2012

March is national multiple sclerosis awareness month

2012-03-02T22:31:59Z

Did you know that multiple sclerosis (MS) is one of the most common neurological conditions affecting young men and women? MS is most commonly diagnosed in individuals during their peak working years, between the ages of 20 and 40. Louisiana residents that suffer from this disease know that the symptoms can be debilitating. This month is National Multiple Sclerosis Education and Awareness Month (NMSEAM), and many families are raising awareness, supporting research and offering help to individuals with MS.

Awareness involves encouraging people with MS to do everything they can to maintain the best quality of life. This involves following treatment plans, eating healthy, keeping fit and finding hobbies and interests that bring happiness to life. It is also important to develop a support system.

]]> Nearly half of the people with MS are not seriously affected by the disease. However, MS symptoms can vary. For example, 15 percent of those diagnosed with MS will become disabled, and these people cannot continue to work. Generally, MS symptoms that make full-time employment impossible are the following:

• Fatigue and weakness

• Balance and coordination problems

• Mood swings or depression

• Problems with memory

• Vision problems

For this reason, individuals suffering from severe MS should determine if they are eligible for Social Security Disability Insurance (SSDI) benefits.

Unfortunately, sources note that MS is a challenging disease to evaluate for benefit purposes. For example, the illness could be debilitating for only a couple of months, which is not long enough to qualify for benefits. Also, MS affects younger people. Young individuals often have a harder time receiving SSDI benefits because there is an underlying supposition that they can be trained to do other jobs.

Nevertheless, there may be a combination of impairments that clearly preclude one's ability to work. Therefore, experts recommend a knowledgeable doctor who will provide an accurate assessment for your benefits application.

If you are suffering from a debilitating version of MS, you may want to speak to an attorney about potential disability benefits. A lawyer can help you receive the financial support that you deserve.

Source: Houston Chronicle, "March is national MS education and awareness month," Jim Alsup, Feb. 28, 2012

Rheumatoid arthritis is a debilitating disease

2012-02-23T21:58:50Z

It started in his left ankle. A man was only 29 years old when he first experienced symptoms of rheumatoid arthritis. Then, like a virus, it spread to his knees, wrist and neck. He was a truck operator; however, the fight to shift gears, move in and out of his truck and maintain the vehicle was too much. Due to this disability, he had to give it all up.

Arthritis refers to inflammation of the joints. Furthermore, there are varying forms of this disease. It affects approximately three percent of the United States population.

]]> Symptoms include pain and swelling of the joints in the hands and feet. The swelling is usually in a symmetrical formation, and it is usually worse in the morning. Those suffering from the disease have reported stiffness for about an hour after they get up. They may also feel sick, tired or feverish.

Many people do not know that rheumatoid arthritis is a systemic disorder that can expand far beyond the joints. If left untreated, it can be a damaging disability that affects many major organs. It can also trigger early death from heart attack or stroke. The cause of the condition is unknown; however, it may be brought on by stress.

At 54 years old, this man has had seven knee operations, wrist surgery and cervical surgery to fuse disks in his neck. Furthermore, he has suffered from early signs of paralysis and has experienced inflammation of his eye. As one can see, rheumatoid arthritis is a debilitating condition. This particular individual had to give up nearly everything for the disease.

If you are suffering from an incapacitating disability that is affecting your life, you may want to speak to an attorney. If the disease leaves you in condition that prevents you from working, you may be entitled to benefits under the Social Security Disability (SSD) system.

Source: NJ Press Media, "Rheumatoid arthritis treatments have benefits, negatives," Susan Bloom, Feb. 20, 2011

Common questions regarding Social Security Disability benefits

2012-02-17T21:18:27Z

If you are disabled and unable to work, you may be entitled to benefits under the Social Security Disability (SSD) system. However, some Louisiana residents do not know that even if you are visibly disabled, qualifying is not always easy. Furthermore, there are a few technicalities to the system. A recent article discusses two common questions associated with the SSD program.

First, is there a time limit on SSD benefits? In other words, do they expire or stop after a certain period? The article reports that your disability benefits will persist as long as your medical situation has not gotten better. Furthermore, individuals must be unable to work. Ultimately, Social Security will review SSD claims sporadically to verify whether you are still eligible for benefits. In addition, if you continue to receive disability benefits at your retirement age, the benefits will convert into retirement benefits.

]]> Second, why is there a five-month waiting period for disability benefits? Social Security law states that disability benefits commence six full months after the date a disability began. Therefore, you cannot receive benefits for any month before this period.

To qualify for the SDD program, you should know that your claim has to pass the strict review of the Social Security Administration. Often, it rejects many initial SSD claims. This is a measure to prevent fraudulent claims.

Fortunately, many valid SSD claims are approved on appeal. Nevertheless, to be successful on appeal, the claim must be sufficiently written. Requisite government language should be included in the documents, and medical evidence must be carefully presented. For this reason, if you are applying for SSD benefits or are in the process of an appeal, you should ensure that you have proper legal assistance. The SSD benefits program can be complex and confusing. You deserve adequate legal representation as you seek the assistance that you need.

Source: The Ledger, "Social Security: Disability benefits are periodically reviewed," Feb. 15, 2012

Heart health and Social Security Disability

2012-02-08T22:17:15Z

In Louisiana and elsewhere, February is American Heart Month. The Centers for Disease Control and Prevention uses the month of February to educate the public on heart disease, risks for heart disease and ways to prevent it. If you are someone with a heart condition and it prevents you from working, some heart diseases qualify for Social Security Disability benefits.

According to the Centers for Disease Control and Prevention, cardiovascular disease is the leading cause of death in the United States. Every day 2,200 people die from cardiovascular disease and one in every three deaths is from heart disease and stroke. Clearly, heart disease affects many people in Louisiana and prevents many from working. Under Social Security Disability's list of impairments some heart conditions may qualify for disability benefits.

Social Security Disability classifies heart conditions in its list of impairments under the cardiovascular system according to its website. Social Security Disability defines cardiovascular impairment by any disorder that affects the proper functioning of the heart or cardiovascular system. The cardiovascular system includes veins, arteries, capillaries and lymphatic drainage. Social Security Disability recognizes cardiovascular impairments whether they are acquired or if the impairment is congenital.

To reduce the impact cardiovascular disease has on Americans, the Department of Health and Human Services launched the Million Hearts program last year. The program aims to prevent 1 million heart attacks and strokes over the next five years. The HHS is using two strategies to complete its goal: help people make healthier choices and improve care for those who need it.

]]> To reduce the number of people who need medical treatment for heart conditions, HHS is encouraging the public to reduce the amount of trans fat and sodium they eat and to avoid the use of tobacco products. To improve the care of people who need heart and cardiovascular treatment, HHS is encouraging the application of the acronym "ABCS." ABCS stands for aspirin for those at risk, blood pressure control, cholesterol management and smoking cessation.

Source: cdc.gov, "Be one in a million this American Heart Month," Jan. 30, 2012