Puerto Rico Needs Your Help! The SSA Must Consider Accepting More On the Record Requests from Puerto Rico

I must take a break from my weekly Social Security Lawyer postings and ask all of my readers to donate generously to the people of Puerto Rico. The Island is going through a terrible humanitarian crisis in the wake of Hurricane Maria. Below, I will provide a list of some charitable organizations that are collecting funds for the victims of the disaster. 

In the next few days, I also would like to contact my Social Security Lawyer colleagues at the National level to see if we can lobby the Social Security Administration to consider accepting more on the record requests (OTR's) from the victims of Hurricane Maria. I believe that the disaster will increase the case backlog in Puerto Rico and that holding in-person hearings is going to be extremely difficult.  

Here is a list of organizations seeking donations for Puerto Rico:

Fondos Unidos de Puerto Rico
P.O. Box 191914
San Juan, PR 00919
tel: (787) 728-8500
fax: (787) 728-7099
http://www.fondosunidos.org/

Caritas Puerto Rico
201 Calle San Jorge
Esquina Baldorioty de Castro
San Juan, Puerto Rico 00902
P.O. Box 8812, San Juan, Puerto Rico 00910-0812
787 300-4953
www.caritas.pr

Fundación Comunitaria de Puerto Rico
1719 Ave. Ponce de León
San Juan, PR 00909-1905
787-721-1037
https://www.fcpr.org/

Hurricane Maria Children's Relief Fund
Save the Children
501 Kings Highway East, Suite 400,
Fairfield, CT 06825
https://secure.savethechildren.org/site/c.8rKLIXMGIpI4E/b.9535647/k.A2B9/Hurricane_Maria_Childrens_Relief_Fund/apps/ka/sd/donor.asp

Maria & Irma: Puerto Rico Real-time Recovery Fund
ConPRmetidos
1511 Ave. Ponce de León Suite K, La Ciudadela
San Juan P.R. 00909
Phone:787-773-1100
https://www.generosity.com/emergencies-fundraising/maria-irma-puerto-rico-real-time-recovery-fund

New Social Security Ruling Regarding Sickle Cell Disease (SSR 17-3p)

Some Social Security Rulings (SSR's) can be of great assistance to Social Security Disability Lawyers when they encounter a case with a medical condition that is frequently misunderstood or difficult to understand.  This is the case with SSR 15-1p, which deals with interstitial cystitis, and SSR 12-2p, which deals with fibromyalgia. 

Just last week, the Social Security Administration (SSA) published a new ruling regarding sickle cell disease (SSR 17-3p)  For a copy of this new ruling click here.  This ruling gives social adjudicators and judges important background information on sickle cell disease and sets forth how cases involving this condition should be evaluated.  Hopefully this ruling will provide a more consistency in the decision making process.

Sickle cell is the most common inherited blood disease in the U.S..  It is believed that approximately 100,000 Americans have sickle cell disease.  Despite its prevalence, this condition is not always easy to evaluate due to its many different manifestations and complications.  

One of the important aspects of SSR 17-3p is that it instructs adjudicators to evaluate sickle cell disease under the following hematological disorder listing: 7.05, 7.17 and 7.18.  The new ruling also recognizes that sickle cell can impose exertional as well as non-exertional limitations on a claimant. For example, a person with sickle cell may have pain, fatigue and shortness of breath.  The condition may also cause difficulty in maintaining concentration or have difficulty completing tasks due to pain acute pain crises.

The Social Security Administration has indicated that the effective date of this ruling is September 15, 2017, and that the SSR will apply to new applications filed on or after September 15, 2017.  This means that SSA will use this ruling on and after 9/15/17 in any case in which SSA makes a determination or decision. SSA expects that Federal courts will review SSA’s final decisions using the rules that were in effect at the time SSA issued the decisions. If a court reverses SSA’s final decision and remands a case for further administrative proceedings, SSA will apply this SSR to the entire period at issue in the decision it make after the court's remand.

Avril Lavigne's Struggle with Lyme Disease

If you have suffered from a severe form of Lyme Disease or know someone who has gone through the ordeal associated from suffering from this condition, you know how hard it is to obtain adequate medical treatment.  Last week, Canadian pop star Avril Lavigne described on television her struggle with Lyme Disease, particularly how difficult it is to get a doctor to even acknowledge that a patient is suffering from this disease.

When I first heard her interview, her ordeal seemed incredibly similar to the experience of many of my disability clients.

Here is a video of her interview:

I hope that her account of her fight with Lyme Disease helps raise awareness regarding the difficulties faced by Lymes patients. In addition to suffering from lack of adequate treatment, these patients are often taken advantage by disability insurance companies and by the Social Security Administration because their doctors are not willing to make an adequate diagnosis,  If someone like Avril was labeled  "crazy" due to her unusual symptoms, imagine what an average disability claimant goes through.  Hopefully her appearance on ABC helps educate disability claims adjudicators that this disease is real and that, at times, it can be extremely disabling.

Put on Purple! Raise Awareness for Lupus

May is lupus awareness month.  During this month there will numerous events throughout the world seeking to raise awareness of lupus and show solidarity for those living with the disease.  There are many ways that you can participate.  This Friday May 15th you can sport your favorite purple wardrobe and ask your friends and co-workers to join you.  Wear purple with pride and tell people why!  You can also use #PutOnPurple on social media to share your support.

On Sunday, May 17th in Blue Back Square in West Hartford, Connecticut, join the Lupus Foundation of America, Connecticut Chapter at the "Walk to End Lupus Now!

The Walk to End Lupus Now is probably the most important event of the Lupus Foundation of America, Inc.  Around 50 different walks will be celebrated across the United States.  Thousands of people will walk and raise funds for research, education and support services. 

Military Service and Social Security Disability

Earnings for active duty military service or active duty training have been covered under Social Security since 1957.  Social Security has covered inactive duty service in the armed forces reserves (such as weekend drills) since 1988.

If you served in the military before 1957, you did not pay Social Security taxes, but we gave you special credit for some of your service.
You can get both Social Security benefits and military retirement. Generally, there is no reduction of Social Security benefits because of your military retirement benefits. You’ll get your full Social Security benefit based on your earnings.

　
Social Security and Medicare taxes

While you are in military service, you pay Social Security taxes just as civilian employees do. In 2012, the tax rate is 5.65 percent, up to a maximum of $110,100. If you earn more, you continue to pay the Medicare portion of the tax (1.45 percent) on the rest of your earnings.

　
How your work qualifies you for Social Security
To qualify for benefits, you must have worked and paid Social Security taxes for a certain length of time. In 2012, you will receive four credits if you earn at least $4,520. The amount needed to get credit for your work goes up each year. The number of credits you need to qualify for Social Security benefits depends on your age and the type of benefit for which you are eligible. No one needs more than 10 years of work.

Extra earnings
Your Social Security benefit depends on your earnings, averaged over your working lifetime. Generally, the higher your earnings, the higher your Social Security benefit. Under certain circumstances, special earnings can be credited to your military pay record for Social Security purposes. The extra earnings are for periods of active duty or active duty for training. These extra earnings may help you qualify for Social Security or increase the amount of your Social Security benefit.

If you became disabled while on active military service on or after October 1, 2001 you can receive expedited processing of your Social Security disability claim.
When you apply for Social Security benefits, you will be asked for proof of your military service (DD Form 214) or information about your reserve or National Guard service.