Announcing Our New Connecticut Location!

 

255 Main Street, Suite 401, Hartford, CT

We are two buildings down from the old office and continue to have the same convenient parking.

This larger and more comfortable location will allow us to better serve our disability and personal injury clients. We will continue to serve our Massachusetts clients at our other location at 101 State Street, Suite 723, Springfield, MA.

Dead SSI Claimant is Told that He Can Work

Harley Christopher Andrews, a young man from the Orlando Metropolitan Area, died on September 2nd from an agressive form of cancer known as glioblastoma multiforme.  In addition to having to fight cancer for the last three years of his life, he also had to fight the Social Security Adminstration which denied him disability benefits. 

"He was having seizures, and his whole left side was going paralized" as a result of the brain tumor.  "He could not work", his mother Wendy told the Orlando Sentinel.

Twelve months after her son's death, she received a letter from the Social Security Administration.  The letter which was addressed to her son stated:  We're writing to let you know that we have made a disability hearing decision on your case.  Our decision: we find that your condition has improved and you are capable of working". 

This letter is just one of several "form letters" sent to Social Security claimants throught the nation.  I constantly receive angry calls and emails from claimants in Connecticut and Massachussets who are frustrated when they receive a decision from the SSA such as the one sent to the decesased claimant in Orlando. 

The tragic nature of the story of Harley Chrisopher Andrews shows how little effort the SSA makes to investigate cases and make well informed disability determinations. 

Glioblastoma brain tumors have one of the worst progmosis of any central nervous system cancers.  Prognosis is very poor with a median survival time of approximately 12-14 months and is almost invariably fatal. 

It is totally inexcusable why the Social Security Adminstration failed to award benefits to this claimant.  The tragedy endured by this young cancer victim and his family should serve as a wake up call to those who have failed to acknowlege the plight of thousands of other claimants are who routinely denied disability benefits without a valid basis.

Social Security Claimants: don't give up when you get a discouraging letter from the Social Security Adminstration such as the one received by Harley Christopher Andrews' mom.  Fight for your benefits.  Consider hiring a lawyer.  Most Social Security Disability Lawyers like me, don't charge any legal fees unless we are able to win benefits for you.     

Serving Latinos Over 50: An Essential Part of Our Mission

      I just got back from a Social Security Disability Law conference in Seattle, Washington.  During my stay in the Pacific Northwest, I had the opportunity to share my experiences as a disability attorney with other colleagues and continue to learn about the ever more complex SSI and SSDI process.  I came back thoroughly convinced of how important the Social Security Disability Programs are for our Latino Community, particularly those over 50.

        Never before in history has the U.S. contained so many older people.  Today, one out of every 9 Americans is "old"—another former youth turns 50 every 8 seconds.  January 2011 ushered in the first of approximately 77 million Baby Boomers, born from 1946 through 1964 and surging toward the gates of retirement.  Latinos, in particular, make up the fastest segment of this aging population.  An article published by the Washington State University concluded that: “Elderly Hispanics now represent the fastest-growing population currently at or near retirement.”  By 2050, Hispanics will make up 20 percent of the elderly population, up from 7 percent in 2010, according to Census data.

     As we age, our chances of becoming disabled and unable to work increase.  For example, a fifty year old person is twice more likely to become disabled than a 40 year old.  The chances become even greater in persons who have performed physical labor throughout their life --the type of work most commonly found by our forefathers when they came to this country. Given these figures, it is easy to understand why so many Latino(a)s who are between the ages of 50 and 65 need the safety net provided by the Social Security Disability programs (SSI / SSDI). 

     As I enjoyed the great apples from Yakima Valley and sipped the wonderful wines of Walla Walla County, I was reminded of the many Latino(a) workers who have thrown their backs and busted their knees working in farms in Washington State and  across the U.S.  Now, it is our moral obligation to support those who can no longer work as a result of a medical condition or injury. 



Hepatitis C and Social Security Disability

Applying for Social Security Disability Benefits due to the effects of Hepatitis C can be a frustrating process.  Hepatitis C is a viral infection affecting primarily the liver.  In many instances, the disease is asymtomatic.  However, when the condition becomes chronic, a person suffering from this disease can experience fatigue, anemia and nausea.  There is no cure for chronic hepatitis C and unfortunately, the treatment used to control it can be extremely debilitating.

 

The Social Security Administration Analyses applications for disability benefits from claimants suffering from Hepatitis C, under Section 5.05 of the Listing of Impairments.  Meeting the requirements for the listing can be very complicated.  Section 5.05 requires that a claimant prove the existence of one or more of the following conditions:

• excess fluid in the peritoneal cavity (called ascites) or the pleural cavity (called hydrothorax)
• spontaneous bacterial peritonitis
• esophageal or gastrointestinal hemorrhage
• hepatorenal syndrome
• hepatopulmonary syndrome, or
• hepatic encephalopathy.

If you have Hepatitis C and are thinking of applying for Social Security Disability Benefits, you should ask your doctor whether you meet any of the conditions listed in Section 5.00 of the Listing of Impairments.  You should also consider hiring a Social Security Disability Lawyer who can prepare a questionnaire for your doctor in order to fully ascertain whether you meet the listing requirements.

 

You might still be eligible for Social Security Disability Benefits, even if you do not meet the requirements in the listing.  Under those circumstances, you can argue that the condition imposes functional limitations that prevent you from working.  Proving these limitations is probably the hardest aspect of a Social Security Disability case dealing with Hepatitis C due to the fact that most of the symptoms of the disease are highly subjective. The best way to deal with this problem is by talking to your doctor and letting him or her know, as often as possible, of your symptoms.  Hopefully, you doctor will make notations on the medical record that you can use later on in the disability process.  You can also obtain statements from former co-workers and relatives attesting to your limitations.

 

Another important aspect to keep in mind is that Hepatitis C impacts your ability to perform physical work as well as your cognitive abilities.  Most claimants with Hepatitis C who are successful in obtaining disability benefits are able to show that the disease has adversely affected both of these areas of functioning.  However, if your past work experience involved mostly physical work and you are fifty or older, you might be able to win your disability case solely on your physical limitations, depending on your educational level. 

Childhood Disability Benefits: Can a Child Receive SSDI and SSI at the Same Time?

Many parents are unaware that a child may be eligible to receive both SSDI and SSI benefits at the same time.  These children are commonly referred to as: "concurrent beneficiaries".  A “concurrent beneficiary” in Social Security parlance, is someone who receives SSDI benefits and also a reduced SSI payment.  Concurrent beneficiaries receive two separate checks each month (one for the SSDI benefit and one for the SSI), as well as both Medicare (after the 24-month Medicare Qualifying Period) and Medicaid. 

In order to understand this concept, one must be aware that a child may qualify to receive benefits under different provisions of the Social Security Act.  For example, a child may receive benefits (commonly called SSDI) because one of his parents is retired, deceased or disabled.  This type of Social Security benefit has nothing to do with whether the child in question is disabled.  A child may also be eligible to receive benefits (known by most as SSI) if he or she is found to be disabled and falls below certain economic level.  It is important for parents and childhood disability advocates to be aware that a child may be found eligible to receive concurrent payments under both of these programs.  A parent should never give up fighting for both of these benefits simply because the child has already been deemed to be eligible for one of them.  What follows is a brief summary of some common scenarios under which a child may be able to collect both benefits.

A concurrent beneficiary sometimes begins as an SSI recipient who later on is found eligible for a SSDI.  An example of this would be when a parent dies, retires, or becomes disabled, triggering eligibility for SSDI benefits for his children.  In this case, the child would get an SSDI payment that would count as unearned income for SSI.  Depending on the amount of the SSDI payment, the SSI check could be reduced or eliminated.

Another example of a concurrent beneficiary is that of a child who is receiving SSDI benefits and then, later on, subsequently meets the requirements to collect under the SSI program. A common circumstance in this type of case would be when one of the parents of child who receives SSDI, becomes unemployed, thus lowering the amount of deemed income that previously prevented him or her from receiving SSI.

In all concurrent cases, SSDI benefits take precedence since these are entitlement programs.  Once the SSDI benefit has been determined, the eligibility for SSI is made.  The SSDI payment benefit is considered unearned income for the purposes of determining both eligibility for and the amount of the SSI benefit. There is no choice when determining which benefits a beneficiary will receive since SSI is the payer of last resort in all cases.

Proving Medication Side Effects in Social Security Disability Cases Dealing with HIV/AIDS

This week, I was honored to receive in my office an unexpected visit from Yvette Bello, the Executive Director of Latino Community Services (LCS).  LCS is a great organization that works to prevent the further spread of HIV/AIDS among the Latino Community and other communities in the Greater Hartford region.  Yvette reminded me that this Sunday, June 10, 2012 at 1:00 PM is their annual AIDS walk at the West Hartford Reservoir.  I plan to attend and I hope to see a lot of good friends there, including Mayor Pedro Segarra and his husband Charlie Ortiz.  For this reason, I figured that this was a good opportunity to blog about Social Security Disability Claims and HIV/AIDS, particularly with respect to the issue of the importance of proving the side effects of medications such as Atripla and Sustiva.

Powerful antiretroviral  drugs have markedly prolonged the lives of people living with HIV/AIDS.  Many opportunistic diseases that once afflicted persons with AIDS, are now uncommon.  While the impact of HIV/AIDS on those infected appear to be less severe now, recent studies show that patients continue to suffer from significant physical and mental impairments.  The new medications seem to work well in containing most of the symptoms traditionally associated with the virus.   However, these potent drugs have imposed new limitations on HIV/AIDS patients.  Scientific studies have demonstrated that these medications can cause very serious side effects.  For this reason, in Social Security Disability cases dealing with HIV/AIDS, it is extremely important to document all the symptoms caused by these medications. 

In most SSI or SSDI cases, medication side effects are not the most important factor in proving a disability, however, details of the adverse reactions that a person has been suffering could make a significant difference.  Even though its usually not a smoking gun, this type of evidence sometimes can become the single grain of rice that tips the scale in the claimant's favor.  Nonetheless, bear in mind that, there are also many instances --particularly in cancer cases-- where treatments with powerful drugs, such as chemotherapy, have been found to be sufficient evidence to establish that the claimant is disabled.   

During the past few months, I have been reading about some of the terrible side effects of drugs such as Atripla and Sustiva. (There are also some very compelling testimonies in YouTube from persons who take these medications.) Atripla and Sustiva have been found to cause symptoms of major depression. This is particularly troubling, since recent studies have established that HIV positive patients suffer from major depression at a much higher rate than the rest of the population. It is believed that, in many instances, the HIV virus itself might be the cause of the depression. I suspect that most Social Security Lawyers, who handle large caseloads, probably represent one or two claimants who suffer from both: HIV and major depression. In addition, these two drugs have been found to cause chronic migraines, severe fatigue, feelings of paranoia and anxiety. Some persons who take Atripla say that the side of effects of taking this drug are similar to "waking up with a hangover every morning".  Moreover, this drug can seriously disturb a person's sleep.  It is well documented that Atripla causes bizarre nightmares.  This is why patients with a dark sense of humor call it: "A--Trip--la", suggesting that the drug causes them to trip every night as if they had taken a hallucinogenic.    

Most good Social Security Disability Lawyers are aware of how important, evidence pertaining to medication side effects, can be in winning a Social Security Disability case.  Unfortunately, in many cases where the disability applicants are not represented by a lawyer, this information is not properly documented.  In order to properly document adverse effects from medication, I like to provide my clients with a series of forms that they can use to keep track of their symptoms.  These forms can later be presented as evidence to the Social Security Administration.  Also, these forms can serve as an important source of information that doctors and other treatment sources can refer to when issuing opinions to the Social Security Administration about their patients disabling conditions. 

Most of these forms that I give to my clients are in the form of daily charts or diaries.  There are very easy to complete.  In certain cases, these forms can make a world of difference.  I find them particularly useful in situations where the doctor's notes are not detailed enough or when statements made in the medical record are ambiguous or unclear.  I have copied some of these blank forms and included them at the bottom of this blog.  Enclosed are three forms pertaining to those symptoms that are most relevant to the side effects caused by Atripla and Sustiva:

Pain Chart

Sleep Journal

Monthly Headache Diary

Age is an Important Factor in Your Social Security Disability Application

As a Social Security Disability Lawyer, I am particularly sympathetic to applicants who are forced to start over and learn a new career when --as a result of an illness or a condition-- they can no longer perform the duties of their old job.  I find that helping Social Security Disability applicants who are over 50 is very gratifying and would like to provide a brief explanation of some of the strategies used by competent Social Security Lawyers who work in these types of cases.   

Fortunately, the Social Security Administration acknowledges a basic precept of the human condition: the older we get, the harder it is for us to perform certain types of work and re-adapt to the requirements of a new job.  In fact, Social Security Disability law provides different guidelines for different age groups.  As a general rule, the older you are, the more likely you are to get Social Security Disability Benefits. 

Social Security Disability rules regarding age are contained in the Medical Vocational Guidelines, which are rules used by the Social Security Administration to determine whether an applicant can adapt to a new job.  Social Security Disability Lawyers commonly referred to these rules as: "the Grids". 

Once a person turns 50, the Grids play a pivotal role in the Social Security Disability Process.  In many instances, the Grids specifically establish that certain applicants qualify for Social Security Disability Benefits as a matter of law.  For example, if your condition limits you to sedentary work and you are over 50, Social Security assumes that you are no longer able to adapt to a new type of job.  Therefore, age makes a huge difference in determining disability.  Based on the Grids, a person that can only do simple sedentary work at 48, will loose, but would be able to obtain Social Security Disability Benefits at age 50.  Moreover, at age 55, the rules are even more favorable to the applicant.  Social Security assumes that a 55 year old person who is physically capable of performing light work, cannot transition to any other type of work. 

As an attorney, I use these legal presumptions contained in the Grids to help persons over 50 win their Social Security Disability Benefits.  If you are considering filing for Social Security Disability Benefits or would like to know how your age might impact the possibility of obtaining benefits, feel free to call me at (860) 338-5619 and ask for a free case evaluation.  You may also fill the brief questionnaire at the top right corner of this page and submit it to my office.  I will try to get back to you within 24 hours.          

Can people with lupus qualify for Social Security Disability benefits?

May is Lupus awareness month.  For this reason, I figure that this is a perfect opportunity to write about the process of applying for Social Security benefits when suffering from this disease.

First, it is important to keep in mind that lupus affects everyone differently. Therefore, not two Social Security Disability benefit cases involving lupus are alike.  Don't expect your Social Security Disability Lawyer to make the same argument, as the lawyer of the person that you met at the waiting room of your rheumatologist’s office. 

Second, bear in mind that not everyone is disabled by lupus. A diagnosis of lupus does not automatically entitle a person to disability benefits.  The Social Security Administration recognizes systemic lupus erythematosus as a potentially disabling illness and includes SLE in their listing of impairments. Nonetheless, if you have been diagnosed with lupus and the disease is affecting your activities of daily living, it is a good idea to be proactive and schedule a consultation with a Social Security Disability Lawyer.   I'm always available for free consultations and don’t mind learning about a person’s case well in advance of the actual date of the “onset of disability” (the date when you can no longer work).   I believe that a conscientious disability attorney should be willing provide you with a free consultation, particularly when you suffer from a serious condition such as lupus. 

One of the reasons why I like to talk to clients well in advance of filing for Social Security Disability Benefits, is that, in order to successfully obtain social security benefits, an applicant must have the support of his or her doctor(s).  Consequently, I urge my clients to ask their doctors if they are willing to fill up social security questionnaires and provide letters in support of their patient’s applications for social security benefits.  Unfortunately, many doctors don’t cooperate with their clients and refuse to fill up these forms regardless of the severity of their patient’s condition. 

There are two basic ways that a person can qualify for Social Security benefits due to lupus.  An individual can meet the requirements of a listing set out in Social Security's list of qualifying impairments or show that he or she is unable to work. 

The list of impairments is essentially a "Blue Book" used by the Social Security Administration to determine whether an individual meets the Social Security definition of disability.  If a person’s condition “meets or equals” the listing, then that person is automatically deemed to be disabled.  The listing for lupus is contained in Section 14.02 of the listing.  However, this listing does not intend to cover all aspects of the disease.  In many instances, Social Security lawyers are able to prove that that a person with lupus is eligible for Social Security Benefits even when the applicant’s condition does not resemble the description contained in the lupus listing.  One way to prove that a person with lupus is entitled to Social Security Disability Benefits is to show that the person’s condition resembles the condition of a listing other than lupus.  Remember, lupus is known as “the great masquerader”.  If the type of lupus that you are afflicted with has been masquerading itself as a heart condition, then you should look at the listing for cardiovascular conditions and see whether you can prove that you meet that section of the listing.  Likewise, if your lupus has characteristics similar to crohn’s disease then, you should consider arguing that you equal listing 5.00 of digestive disorders.

If your condition is severe but not at the same or equal level of severity as a medical condition on the list, then the Social Security Administration must determine if it interferes with your ability to do the work you did previously (during the last 15 years). 

If you cannot do the work you did in the past 15 years, the Social Security Administration will see if you are able to adjust to other work.  The Social Security Administration will consider your medical conditions and your age, education, past work experience and any transferable skills you may have.  If you cannot adjust to other work, your claim will be approved.  If you can adjust to other work, your claim will be denied. 

Back in April, I gave a presentation about Social Security Disability Benefits to the Hartford Chapter of the Lupus Foundation.  I enjoy giving these types of presentations to all different kinds of advocacy and support groups.  I can make these presentations live or via conference call.  If you would like me to give a talk to your organization, please, don’t hesitate to give me a call at (860) 338-5619 or send me an email to ivan@IvanRamosLaw.com.