Happy Halloween

 

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Heart Disease

    Heart disease is very common and can lead to successful Social Security disability claims.

    There are many ways your ticker can be ailing. Let me talk about the ones that are the most common basis for a Social Security disability claim. 

    First up is coronary artery disease (CAD). The heart is a muscle. It has to have a blood supply. This comes via arteries that are on or in the heart wall. In CAD one or more of these arteries gets clogged up so that the heart doesn't get enough blood supply. The result is usually angina. That's most commonly pain in the chest but the pain may be felt in other places like the back, neck or left arm. The pain is usually experienced with exertion. Doctors do an excellent job in treating CAD these days. If the blockage isn't too bad, they thread a catheter to the heart and put in a stent to open the artery and keep it open. If the blockage is worse or not accessible to a catheter, they can do open heart surgery to bypass the blocked artery. Usually, but not always, they can stop the angina and allow the patient to get on with his or her life, including work. When treatment doesn't work, Social Security disability may be a possibility.

    Next up is heart failure, often called congestive heart failure. This happens when the heart is damaged and can't pump enough blood. This damage can come from a heart attack, advanced CAD or cardiomyopathy, among other reasons. Since the heart isn't able to pump the blood with enough vigor, the blood backs up in the body, causing swelling in the lungs or legs. If this happens to you, there may be general weakness and fatigue or shortness of breath. Heart failure leads to many Social Security disability claims. The biggest marker that Social Security looks at in heart failure cases is the Left Ventricular Ejection Fraction (LVEF) or just Ejection Fraction. It shows how good a job the heart is doing pumping blood. Normal is around 55%. If that gets down in the 30s, much less below, you'll feel symptoms. Doctors often tell patients what their Ejection Fraction is. If you've been told you have heart failure or cardiomyopathy, pay attention to this. Ask if they don't mention your ejection fraction. Your ejection fraction will be the most important number in your life.

    Heart disease is complicated. If that's the basis for your Social Security disability claim, you need help from an experienced Social Security attorney.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Should I Apply for SSI?

More often than you would imagine, I have clients decline some of the money that they might be eligible to receive. Why would anybody do that? Because some Social Security intake representatives suggest filing for SSI is different than filing for Disability. They suggest that only certain “types” apply for SSI… I am here to tell you: Apply for both.

SSI is “supplemental security income.” It is for people who are disabled and who lack excess financial means. That could be any of us. The government uses a means-test to decide whether you can get this type of payment. SSI can be paid on its own, or in addition to a second check, if that second disability check does not by itself put you over the dollar limit. If you do not meet the criteria for SSI, Social Security will do the calculations and let you know. Most of the time, when people are discouraged from applying for SSI, it is just an overworked SSA employee getting out of doing more work.

That other disability check, most people call “disability” or “SSD” for short, gets its eligibility from having a strong work history. You have been able to work long enough in recent years, at high-enough wages, to have "credits of coverage." You work, the government takes out various taxes before your take home pay, and some of those taxes go toward giving you coverage to file for disability insurance benefits.

The catch is when hardworking people, who are proud of their work ethic, do their phone interviews to screen the types of checks they may qualify to receive. A Social Security claims representative inevitably describes SSI as a poverty-based program. The disabled worker’s personal opinion is that this does not apply to them, and they say “no, I don’t want to apply for that one.”

Again: Apply for both. If you do not qualify, SSA will certainly let you know. The thing to remember is this: If you decline to apply for SSI when your application is first taken, then you are potentially missing out on months and months of benefits because SSI only becomes effective the first full month after you file for it. For people who were talked out of applying but file for SSI later, you can’t get matched to that earlier date.

Social Security Disability is filled with many confusing policies. You don’t have to do it on your own. I hope this Internet resource has been useful. If you still find it overwhelming or would just prefer to have an experienced attorney do it for you, call us at 1-866-425-5347. We are here to help.

The Commissioner And I

     The Commissioner of Social Security, Martin O'Malley, visited Raleigh yesterday for an event at the Governor's Mansion to celebrate the 70th anniversary of North Carolina's Disability Determination Service (DDS). My partner and I received an invitation to the event. Here are a few pictures. 

    First, me with Commissioner O'Malley:

    Second, a picture of my partner, Crystal Rouse, with the Commissioner:

    Next, a picture of Rose Mary Buehler, the Regional Commissioner for the Atlanta Region, myself, Joseph Lytle, the Deputy Commissioner for Hearings Operations and Crystal.

    Finally, a picture of the NC DDS employees in attendance.

    The venue was not large enough to accommodate the entire workforce at NC DDS.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Chronic Pain

     One of the most important factors causing disability is pain. That's inconvenient for Social Security. They like things that can be shown by a test. They want some foolproof way of measuring how bad some condition is. You may have noticed that there's no machine in your doctor's office to measure your pain. In fact if you think about it, pain is an intensely personal experience. No one else really can feel your pain. One thing I've noticed over the years is that people have a hard time describing their pain.

    Social Security's approach to pain is to pretend it doesn't exist. They routinely deny claims where the patient describes horrific pain. Social Security may acknowledge that a certain medical condition causes pain but they say, with some accuracy, that there's no clear relationship between the medical condition a person has and how much pain they suffer. That doesn't mean that a patient is fibbing  when he or she says they suffer great pain from a medical condition while others with the same medical problem complain of only mild pain. While it may look like the same medical condition, there may be subtle differences causing much worse pain for some patients. Pain is a complicated thing. It's well known that the perception of pain is worse for those who also suffer from depression or anxiety. The pain and the depression or anxiety is all processed in the brain. Wouldn't you expect some interaction between the two?

    Despite the problems, you certainly can be approved for Social Security disability benefits based upon chronic pain. That's actually almost routine. Cases based upon chronic pain get denied at the initial and reconsideration levels and then approved by an Administrative Law Judge. That doesn't happen every time but it happens a lot. Don't give up. Get help from a lawyer who knows Social Security.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Disability & Personal Injury Cases

Getting hurt in a car, motorcycle, or trucking accident can put your life into a tailspin. You will get lotsof mail from personal injury attorneys who can help you with the personal injury settlement. But once the settlement is over, what happens if you still can’t go back to work?

You may ask, “Should I file for Social Security Disability?” This can be tricky. My simple answer is yes. The longer answer considers these things:

·                     What kind of disability benefit can you apply for?

Before SSA takes an application, they screen non-medical rules. If you have worked long enough in recent years then, like paying an insurance premium, you have paid taxes to have disability insurance coverage. In this scenario, you can file for disability benefits no matter how much money you have left over from the settlement.

 

The other disability program is Supplemental Security Income. Many people call this by its abbreviation, SSI. SSI is still a disability check. You qualify for it by being disabled plus without financial means. At the start of the disability process, SSA will ask you about income and resources such as bank accounts and property ownership. If you still have money in the bank from the settlement, it is likely going to give you financial means that disqualify you from applying.

 

To solve this, you can put the money into a special needs trust or spend down the settlement and report it to SSA. You will be eligible to apply the month after the change happened.

·                     How long are you going to be out of work?

In Social Security law, being a Disabled adult means:

“You must not be able to engage in any substantial gainful work activity because of a medically determinable physical or mental disability(ies) that is either expected to result in death or has lasted or is expected to last for a continuous period of at least 12 months.”

 

What does that mean? It means that your ailments are going to keep you from getting back in the workforce for a minimum of a year from when you went out of work. You do NOT have to wait a year to file, but if you return to work before 12 months your case is going to be denied.

 

·                     What if you return to work?

If your injury heals well-enough to let you return to work in your old job, or in a new job, and you successfully go back to work before being out for 12 months, then on the surface there is not much to be done. SSA has a minimum duration of 12 months out of work. Our experienced attorneys are well-versed in laws about unsuccessful work attempts, work below the statutory limits, and work under special conditions that would not represent a bona fide return to work.

 

·                     What if the doctor has released you to work but you are not able?

You should file for disability. Our lawyers understand that Social Security is a total body review. If your doctor was only treating your broken leg, but you also have migraines and severe depression, then the release to work may only pertain to your leg healing. An experienced Social Security attorney can evaluate issues like this and give you the right answers.

If you find yourself in any of the above scenarios and need help, don’t hesitate—in North Carolina, the law firm of Hall & Rouse have practiced Social Security Disability since 1976. For representation on your Social Security Disability, call us at 1-866-425-5347.

 

Multiple Sclerosis

     We have many clients who suffer from multiple sclerosis (MS). It's not a rare disorder and Social Security doesn't approve many claims without a fight. You can win those cases. In fact, you are very likely to win but it's not likely to happen quickly.

    There are at least a couple of reasons why Social Security makes it so hard for MS patients to get approved. First, sometimes MS goes into remission. Social Security's attitude is "Well, you're pretty sick now but you may be a lot better soon and then you'll be able to work." Maybe the MS will go into remission or maybe not but why deny a claim based upon mere speculation about what may happen in the future? Also, maybe the patient will go into remission but have a new exacerbation a few weeks or months later. How are you going to hold down a job if you're in and out of work all the time? Second, probably the most common symptom of MS is severe fatigue. Social Security likes things that can be measured. You can't measure fatigue. Social Security solves this problem by ignoring fatigue. However, whether or not you can measure it, fatigue is a very real problem for most people with MS and prevents work for many. Nobody denies that. Social Security doesn't deny that. They just ignore it.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Can I File for My Social Security Disability?

Sometimes at family gatherings or after church, someone will pull me to the side and ask me this question: “Can I file for my disability? I’ve got X Y Z going on and it’s getting harder to do my job.” My first question is always, “Have you stopped working?” Many people are surprised to find that not everyone can put in a claim for Social Security disability. First, you must be out of work. Then, you must get past other rules that have nothing to do with your health.

If you have worked long enough in recent years, and paid federal taxes, then that is like paying an insurance premium for Social Security Disability insurance coverage. It is kind of like paying your car insurance. If you have paid the premium, then you are “paid up” to a certain time and have disability coverage, and can file a claim. 

There are other instances where a spouse who has died, or a retired or disabled parent, may have enough work credits to extend coverage to a surviving spouse or a disabled adult child. $3822 per month is the maximum that a disabled person can receive in 2024, but it can certainly be less-than that. It all depends on your earnings history.

The other disability program is Supplemental Security Income. Many people call this SSI. SSI is not a separate process. To apply for disability and SSI, they look at how much cash or things with cash-value you own. At the disability screening, Social Security will ask about income and resources, like checking and savings accounts, 401k accounts, and property ownership. If you qualify through this means-test, then you can put in an SSI application along with your other disability application, or just SSI on its own if you did not have enough work credits. The maximum monthly SSI payment in 2024 is $943 if you are single, $1175 if you are married.

Disability benefits under your work credits are usually a higher check amount and stand to get more back pay. These benefits can be paid maximum 12 months before the application. The maximum back pay on SSI is the first full month after the month that you filed for disability, so if you applied on February 6th, the first month for back pay is March 1.

If you want an experienced lawyer to handle things, check us out at www.hall-rouse.com, or give us a call at 1-866-425-5347. We are here to help.

What Does It Mean When My Social Security Account Tells Me That They're 70% Finished Reviewing My Disability Claim?

That's bull!

    It means essentially nothing when your account at Social Security tells you that they're 30% or 70% or whatever finished reviewing your case. When I first heard they were doing this, I couldn't believe it. I figured the client who told me about it must have been confused. It's completely off the wall. It turned out to be true. I've mentioned this to Social Security employees and they have also been astounded. That's just not the way things work. You can't predict things with anywhere near that degree of precision and a computer certainly can't.

    My guess is that they're taking an average time span for the review of a Social Security disability claim and comparing the length of time that a case has been pending to that but things are on no timetable. One case may take four times as long as another case. Even their averages are misleading. There are some disability claims filed by people with terminal cancer. The agency races to approve those cases immediately because they're highly sympathetic cases but also because getting them out the door quickly makes their averages look better.

    No, I'm sorry but you can't rely upon what you see on your Social Security account about how far along your disability claim is.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Liver Disease

     It's hard to be approved for Social Security disability benefits based upon liver problems. It seems like they don't want to approve until the person with liver disease is in terminal decline. However, patients can have a lot of symptoms and limitations long without being in the end phase of liver disease.

    Some of the problems getting approval for liver disease have to do with the fact that some liver disease is related to alcoholism. However, there are plenty of liver disease patients who have never drunk. Even for those who have had drinking problems, the question isn't whether you got to the point that liver disease is disabling you because of your drinking. The question is whether the symptoms of liver disease could be reduced or eliminated by stopping drinking. By the time liver disease has become disabling, many people with alcoholic liver disease will have already stopped drinking. Even if they are still drinking, the drinking may be hastening their demise but stopping it won't make the problem go away.

    In the end, don't worry about the stigma that can be associated with liver disease. If you're disabled by liver disease, file a claim for Social Security disability claim.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

10 Things A Disability Lawyer Can Do For You

Did you talk to Social Security and hear “You don’t need a lawyer”? These are the people who will deny your claim. No lawyer means less hassle for their denials. Different law firms may give different experiences. Here, at Hall & Rouse, our attorneys and legal assistants are ready to fight for you and advocate for your rights, to help you win your benefits.

Our disability attorneys are able to log in to Social Security’s electronic case system and look through your file to see what is happening in real-time. The sooner, the better, for developing a legal strategy for the win.

Our legal assistants spend the vast majority of their days on the telephone, calling Social Security, asking what is going on, what they need to make a decision, how we can help to possibly speed things along, and when you win, following up on the money until it is released.

We make sure your application is not gathering dust on someone’s desk in the county office.

We call Social Security Disability (Disability Determination Services) to make sure your case has been assigned and that someone is actually working on it. When that is not happening, we make sure it is escalated to the right people's attention, so you do not suffer more undue delays.

Our team reaches out to you to stay up-to-date about your medical care, or to suggest charity care networks if you have not received the treatment needed to prove your case.

Our legal team coordinates with your doctors or nurse practitioners to get medical records and medical opinions.

We file the appeals for you.

If you need to talk to an administrative law judge, we prepare you for what to expect.

We show up to court with you.

We keep you informed and do the work for you, so that you can focus on your health.

There is no upfront fee. There is no out of pocket fee. There is only payment if the attorney helps you win, and that win results in back pay. At that point, the fee is regulated by the government on a standard fee schedule that never exceeds 25% of back pay.

Whether you need a lawyer is an individual choice. If your feeling is that, yes, you want an experienced lawyer to handle things, we are here to help: www.hall-rouse.com, or give us a call at 1-866-425-5347. 

Are You Ashamed To Be Disabled?

     There are many who think that everyone who files for Social Security disability benefits could really work if they wanted unless they were "truly disabled" by which they sort of mean "in a comma." This leads to many disabled people feeling ashamed themselves at being disabled. They think others will look down on them if they know about the disability. It feels to them like their disability is a personal failure.

    This shame at being disabled has several bad effects. Disabled individuals suffer from inappropriate guilt and depression. They con themselves into believing that recovery from disability is right around the corner. They delay filing a claim for Social Security disability benefits because they believe that would be the admission of a personal failing. Often they fail to act until they're literally homeless.

    Please accept that disability is a real thing. Your disability probably isn't going away. If you think that others will judge you harshly because you apply for Social Security disability, they're not going to know unless you tell them. Social Security isn't going to tell them. In the end, what do you care what other people think? Get over it! Do what you need to do! How is being homeless less shameful than filing a claim for Social Security disability benefits?

    On a selfish basis, it's stressful dealing with desperate clients. They wait until they're about to be homeless before they file for Social Security disability benefits. They can't believe how long it takes to get a favorable decision from Social Security. Don't get me wrong, I'm happy to see you if you've waited this long but be realistic. If you've been out of work due to illness or injury for more than about six months, you're not likely to be able to get back to doing enough work to support yourself. Do what you have to do.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Diabetes

     Diabetes is a common health problem and a common reason why Social Security disability claims get filed and approved.

    As with most conditions, age makes a huge difference with Social Security disability claims based upon diabetes. It become less difficult to be approved after age 50 and a good deal less difficult after age 55.

    Another factors that make a difference with Social Security disability claims is the extent of damage that the diabetes has done to a person's body. I don't know that there can be a comprehensive list of all the things that diabetes can do to a body. Here are some of the more common:

• Eye damage
• Kidney damage
• Peripheral neuropathy --numbness, burning, tingling in the feet and lower legs
• Heart problems
• Blood circulation problems
• Stomach problems
• Liver damage

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Are Social Security Disability Benefits Taxable?

    Your Social Security disability benefits may be partially taxable. Like everything about the tax laws, it's complicated. I'll try to hit a couple of the most important parts.

• One-half of Title II Social Security benefits is taxable to the extent that the Social Security benefits, when added to the taxpayer's gross income and some sorts of nontaxable income, such as tax-exempt municipal bond interest, exceeds $25,000, in the case of a single taxpayer or $32,000 in the case of a married taxpayer, filing jointly. The percentage that is taxed goes up to 85%% to the extent that the taxpayer's income goes over $34,000 if the taxpayer is filing as a single individual or $44,000 if filing jointly.
• Payments of back Social Security benefits typically are for periods of time that cover more than one calendar year. Back benefits covering two or more years might have not been taxable at all or only taxable in small part if they had been paid at the time they were due. The Internal Revenue Code makes a specific provision for this situation. If the taxpayer so elects, the amount included in gross income by reason of receiving these back Social Security benefits is only the sum of the increases in gross taxable income for the prior taxable years that would have resulted solely from taking into account the portion of the benefits paid for that prior taxable year. The election is made by writing in the letters "LSE" (for lump-sum election) to the left of line 21a on the form 1040. This does not mean that the Social Security claimant who receives a large amount of back benefits can or should file amended tax returns for prior years. The back Social Security benefits must be included in the tax return for the current year, but only to the extent that they would have been included if they had been paid when they were due.

    Things get really complicated if you've also received Long Term Disability benefits, usually from an employer sponsored plan. You really need to see a tax professional about that sort of thing.