The SSA Has Wrongly Classified Some Beneficiaries as Being in Prison

Social Security disability beneficiaries suffer a great deal from the frequent mistakes and the overall incompetence of the Social Security Administration.  Almost on weekly basis, I see horrible mix ups that cause a great deal of pain and aggravation to disabled individuals.  Unfortunately these days, the media is so concerned with news reports that discredit the importance of the disability benefit programs, that they ignore the pain and suffering endured by those who fall victim to the ineptitude of the SSA.

Take the example of the terrible injustice committed against Fernando Ortiz from Fort Lauderdale, Fla., whose benefits were discontinued twice because the SSA mistakenly believed that he was in prison.  Twice Mr. Ortiz was told that his benefits were being stopped because he was supposedly serving time at the Pondville Correctional Center in Massachusetts.  However, officials from the Massachusetts prison have stated that they don't understand how this mistake could have happened because they don't have any prisoners with that name.  

This problem seems to happen quite frequently.  I recall receiving at least one call from a client in Springfield, Massachusetts regarding a similar problem.  However, in Mr. Ortiz's case, the mistake happened twice within a five month period.  In December, the SSA sent a letter to Mr. Ortiz alleging that he was in prison and that he was liable for a $6,883.60 "overpayment" of his benefits.  The bureaucratic mess dragged into January and Ortiz had to drain his small savings to pay his bills.  Moreover, his Medicare benefits were also discontinued due to the problem, causing him to have to cancel an important doctor's appointment.  

What is most ironic about this story is the fact that, just a few months ago, the enemies of Social Security Disability were claiming that beneficiaries of the program were often overpaid --implying that large numbers of beneficiaries were ripping off the system.  Obviously, these critics were not taking into consideration the fact that in many cases these alleged over payment letters are sent due to errors within the agency and not due to actual over payments received by the beneficiaries.   

The 16th Annual Conference on Litigating Disability Insurance Claims in NYC: I Will be There!

This week, I will be in attendance at the 16th Annual Conference on Litigating Disability Insurance Claims in New York City. 

This is the nation's premier conference on Litigating Disability Insurance claims which is led by an unparalleled faculty of jurists, insurance lawyers and claimant's attorneys.

Over the years,I have had the professional satisfaction of representing disability claimants who have concurrent claims for disability benefits from the Social Security Disability programs as well as from private long term disability insurance carriers such as: Cigna, Prudential, Sun Life, the Hartford, Liberty Mutual and Met Life.  There is great deal of interplay between these two types of disability claims and I find that claimants are better served when they have the same attorney representing them in both the Social Security case and the private long term disability claim.  Unfortunately, I find that many claimants are not fully aware of the strong relation between these two sources of disability benefits an fail to contact an attorney early enough to help them with their claim.  

Just last week I assumed the legal representation for a client who was led to believe by Cigna that she did not need an attorney for her LTD claim.  Moreover, she was steered to use the Social Security Disability advocate chosen by Cigna.  Unfortunately, it was not until her LTD claim was denied that she realized that she should have hired a disability lawyer early on to represent her on her Social Security Disability case as well as her LTD claim.  She did not know that probably it would not have cost her any more money to hire a lawyer earlier rather than later.  Many disability lawyers like me work on a contingency basis and, in many instances, it doesn't cost any more money to hire us early on.   

Give the SSA Sufficient Funds to Fight Fraud

I am extremely saddened by the news that a group of approximately 100 former police officers and firefighters were indicted in New York City for allegations of fraudulently seeking and obtaining SSDI benefits. I find these alleged actions to be appalling.  Any abuse of the Social Security Disability programs is perpetrated at the expense of millions of disabled beneficiaries to whom SSDI benefits is their only way to survive economically.

If fraud was indeed committed, these individuals should be brought to justice.  However, these unfortunate cases of fraud should not be used as a reason to limit disability benefits to those who truly need them.  The National Organization of Social Security Claimant's Representatives (NOSSCR), an organization of which I am a sustaining member, has issued a statement regarding these arrests in New York, which states in part: "We cannot allow the bad behavior of a relative few to jeopardize the crucial benefits of millions of Americans with significant disabilities and severe illnesses who depend on these programs.

The Social Security Administration works to prevent fraud.  However, the agency needs funds to put up a good fight against corruption in the system.  In the past years, the agency has been deprived of the administrative resources it requires to conduct necessary program integrity.  Congress must appropriate funds to give the SSA adequate resources to ensure that the right persons receive benefits --with correct amounts and at the right time.   

The Role of the Vocational Expert in Your Social Security Disability Hearing

If you have received a notice of an upcoming Social Security Disability hearing, you are probably wondering why the notice letter states that the judge has requested a vocational expert to be present.  Understanding what role this vocational expert will play, helps alleviate some of the stress and nervousness felt by claimants on the day of the hearing.

A vocational expert or "VE" is called to testify in practically all Social Security Disability hearings.  The role of this expert is to assist the judge in determining whether there are any jobs available that a claimant can perform given his or her limitations, age, education and skills.  It is important to be aware that the vocational expert never asks any questions directly to the claimant.  The lawyer and the judge will be the only persons asking direct questions from the claimant. 

The Vocational Expert testifies once the claimant has completed his or her testimony.  In some cases, the judge does not ask any questions of the VE.  This is usually  a good sign and it probably means that the evidence presented by the claimant was so strong that there is no doubt in the judge's mind that there are no jobs that the claimant can perform.  

The judge usually begins his questioning of the Vocational Expert by asking him or her to define the nature of the job or jobs that the claimant held in the 15 year period prior to the alleged onset date of disability.  The VE's testimony is supposed to be based on a very large publication called the "Dictionary of Occupational Titles" , also called the "DOT".  This publication contains lists of occupations with job descriptions.  Each one of these jobs is given a title and a number.  When the VE testifies, you should expect him to recite job titles followed by long 9 digit numbers.  This part of the hearing is perhaps the most complicated.  Don't be alarmed if you have a hard time following the VE's testimony.  This is one of the reasons why it is a good idea to hire Social Security Disability Lawyer who can represent you at the hearing and help you deal with highly technical testimony of the VE.  

Once the VE describes the kind of work that you did in the past 15 years, the judge will ask him or her a series of hypothetical questions.  These hypothetical questions will ask the VE to assume that the claimant has certain limitations and then ask him or her to state whether there are any jobs that the claimant can perform given these limitations.  If the VE provides convincing answers that there are jobs available in the economy that the claimant can perform, the case will be denied.  If the VE testifies that there are no jobs that the claimant can perform, the case will in all likelihood be granted. 

One he of the most important roles of a Social Security Disability lawyer is to be able to ask questions ("cross examine") of the VE in a way that would lead the judge to make a finding that there are no jobs available that the claimant can perform.  If the lawyer is successful in this stage of the case, there is a high probability that his client's case will be won.              

Social Security Disability Calculators: How to Find Out Your SSI/SSDI Benefit Amount

As a Social Security Disability Lawyer my job is to prove that my clients are found "disabled" under the Social Security Disability rules.  This process involves a great deal of work dealing mostly with medical and vocational issues.  I rarely get to calculate the specific amounts that my clients will receive.  For the most part, mathematical calculations are beyond the scope of what I do.  However, very often clients ask me how they can find out what amount their disability benefit will be if their cases are granted.  In response to this frequent question, I will like to post some links to some very useful calculators, available online, that can help disability claimant's estimate their benefits.     

 

The first link is an SSI/SSDI Calculator App available at Google's Play Store.  You can download this App into your phone totally free of charge:

 

https://play.google.com/store/apps/details?id=com.yottaram.ssicalc

I find that this App is particularly useful when you are trying to determine how much money will be taken from your SSI payments if you receive earnings from part time work.  By using this App, you can make an analysis of how you will end up financially if you decide to take apart time job.  Download the App, use it, play with it, and let me know how it works for you.

 

In addition to this phone App, the Social Security Administration has several calculators in its webpage that can help claimants determine their benefit amounts:

http://www.ssa.gov/planners/benefitcalculators.htm

Note that the SSA has more than one calculator available.  There are different calculators for different types of Social Security benefits.  This variety of calculators is particularly useful for older claimants who are planning their disability benefits in conjunction with their retirement.  This way they can calculate disability benefits and retirement benefits for their spouses.

 

Hopefully my readers will find these electronic gadgets useful.  Please let me know how well these calculators work for you.  

Holiday Wish List from The Connecticut Social Security Disability Lawyer Blog

I would like to extend my warm holiday wishes to all the faithful readers of the Connecticut Social Security Disability Lawyer Blog. 

First and foremost, let me point out that I have not missed a single blog this year!  This blog has been updated every Monday --with the exception of one week when it was updated on Tuesday because I was on vacation in Portland, Oregon. 

As I reflect on this past year, I realize that my practice has grown and that there are many changes coming to my office in 2014.  Here is a modest wish list of some of the things that I would like Santa to bring me, in my capacity as a Connecticut SSDI Lawyer.

Next year Santa will be bringing me a brand new office space in Hartford!  I expect to move to a place just two buildings down from where I am now.  I am really excited about this new development.  The new space will be bigger and much more comfortable. 

Santa is also bringing us lots of new gadgets.  We are in the process of acquiring a mega scanner.  This will help us continue with our shift to an office that is almost entirely electronic.  I love the fact that my office is paperless and that I can work and connect with clients from practically any location.  All this state of the art technology enables us to represent clients in practically any corner of Connecticut or Massachusetts.     

 

I would also like to install video conference equipment in our new conference room.  This way we can conduct meetings via Skype and, also develop educational materials in video format that we can then distribute to our clients via You Tube. 

 

And... last but not least, Santa will bring a fancy espresso machine for Jessica: our wonderful para-legal.

The Significance of "Episodes of Decompensation" in Mental Illness Cases

If you or someone you love is applying for Social Security Disability due to a mental health condition, it is likely that you might have heard the term: "episodes of decompensation".  This is an important term that it usually used in determining whether a claimant meets the listing for conditions such as:

• schizophrenia
• anxiety
• bipolar disorder, or
• depression.

The term episodes of decompensation refers to a point when a person's mental health deteriorates after previously being able to deal or manage the condition.  It is fair to say that an episode of the decompensation occurs when a mental health patient experiences a crisis or a sharp decline in their ability to function.   

It is important to properly document any episodes of decompensation experienced by a person who is seeking disability benefits.  Creating proper documentation of these episodes is perhaps one of the biggest challenges faced by Social Security Disability lawyers.  In many instances, we find that friends or relatives of the claimant tell us of an unusual mental health crisis that they witness but then, we find out that no one took the time and effort to document it.  For this reason, it is always beneficial to obtain mental health treatment whenever a claimant's mental health condition worsens.  Seeking medical treatment is the best way to insure that a proper record is generated, describing the specific nature of episode suffered by the claimant.    

 

As a general rule, a claimant must suffer an average of three episodes of decompensation in a year in order to meet the mental health listing.  Each one of these episodes should last at least two weeks.  However, the number of episodes required is not a 'black and white" type of rule.  Social Security will look at each case separately depending on the severity and duration of each episode and could grant disability benefits even when the specific requirements are not met.