Happy Labor Day -- I Know Many Reading This Blog Wish They Were Still Working

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

What Is Disability Insurance Benefits?

    There are several types of Social Security disability benefits. For all of them you must prove that you're disabled but you have to show something else as well and that's something else varies from one type to another. For Disability Insurance Benefits (DIB,) in addition to proving you're disabled, you must have worked a fair amount recently -- five out of the last ten years, or 20 of the last 40 calendar quarter before becoming disabled, if you want to be technical. That standard is a little different for those under the age of 31 since they haven't had time to have worked as long as older people.

    DIB benefits are computed based upon prior earnings. If you have earned more in the past, you get more DIB.

    You don't have to be poor to get DIB. It doesn't matter if you have money in the bank and it usually doesn't matter to Social Security if you have a pension. 

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

Fibromyalgia

     Can you get on Social Security disability for fibromyalgia? Yes, but it's awfully hard. If you've got fibromyalgia, you already know that the diagnosis doesn't get much respect from many doctors. Even though it's real, many medical professionals treat it as if it were imaginary. Unfortunately, there's a lot of this sentiment at Social Security.

    It helps a lot in fibromyalgia cases if the diagnosis has been made by a rheumatologist. The patient with fibromyalgia need not continue to see a rheumatologist. The treatment options for fibromyalgia are quite limited. A family doctor can handle the management of fibromyalgia in most cases.

    As in every case, age makes a big difference with Social Security disability cases. Also, Social Security will also look at every other health problem you have. You may be hurting all over but that bad knee may be the part that gets you found disabled. The arthritis in the knee shows up on an x-ray while the fibromyalgia all over doesn't.

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

How Do I Dress For A Social Security Disability Hearing?

Not the look you want

    If you're having a hearing by telephone it doesn't matter what you wear! If it's a video hearing or an in person hearing there's no need to get dressed up. If anything that might not be a good idea. You can wear whatever you might wear to go to the grocery store. I'd say to avoid jewelry or much makeup. You wedding band is OK. If you just have to wear some small earrings, it's OK, but nothing beyond that.

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

What Is SSI?

    There are several types of disability benefits that come from the Social Security Administration. One important type is Supplemental Security Income (SSI). You must be able to prove you're disabled to get SSI but that alone isn't enough. There's always something else besides disability you have to prove to get any type of Social Security disability benefits. In the case of SSI you must be poor. There are two aspects of being poor enough for SSI. You have to have a low income plus you must have low resources. By low resources, Social Security means countable resources below $2,000. Not everything counts, though. A house, if you're living in it doesn't count. One car doesn't count. Ordinary sorts of jewelry, like an engagement ring, doesn't count. Household furniture and appliances don't count. Still, $2,000 is low. It's easy to go over that and lose your SSI at least temporarily. If you do lose SSI due to excess resources, you have 12 months to again become eligible without having to start over with a new claim.

    Here are some thing to avoid if you're on or hope to get on SSI:

• Giving away things you own to become eligible for SSI. This doesn't work. It results in long periods of ineligibility.
• Letting others hold money for you so you can go below $2,000. It's still your money so you're  still ineligible. If you get some lump sum of money while on SSI or trying to get on SSI, Social Security is going to ask what you did with the money.
• Holding money for other people. That can look like its your money.

     What can you do if you receive a lump sum of money while you're on or trying to get on SSI, such as a personal injury settlement or an inheritance? Here are some things that work:

• Pay off your debts, including your home mortgage.
• Make home repairs.
• Replace worn out appliances or furniture.
  
• Replace your old car with something better.
• Buy some new clothes.
  
• Spend some money to make a trip to see friends or relatives you haven't seen in a while.
  

    There's way more that can be said about SSI income and resource policies. Consult Social Security or an attorney, like my law firm, if you have questions.

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

Your Medical Condition

     How much difference does your medical condition make in determining whether you'll be approved for Social Security disability benefits? It's the most important factor but not the only one. Age, education and work experience must also be considered. Age, in particular makes a big difference at Social Security. Consider two Social Security disability claimants with the same medical condition, one age 45 and the other, age 60. The 60 year old might be approved while the 45 year old might be denied.

    There's no simple way of determining whether your medical condition will be enough for you to be found disabled. There's what's called a "Listing of Impairments" at Social Security but those "Listings" are far from the only way a Social Security disability claim can be approved. The "Listings" themselves aren't just a list of names of diseases. Each disease has its own specific criteria for approval and those specific criteria are terribly hard to meet. As an example, you might see leg amputation in the "Listings" but you don't merely need to have had an amputation. In most cases, you'd also have to have problems with your stump that are so bad that you can't use an artificial leg. When an amputee has that sort of problem, in most cases, their surgeon goes back in to modify the stump so they can use an artificial leg. For most of our clients, meeting a "Listing" is impossible.

    In the end, it's just complicated. Like it or not, you're probably going to need a lawyer to help guide you through the Social Security maze.

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

Avoid Unnecessary Payment Delays

     Remember when you filed your Social Security disability claim that they asked for your bank account information? Even if you don't remember it, I assure you they did ask for it and you gave them your bank account information, if you had a bank account. (I have clients argue with me about this but they're always wrong!) It's now three years later and you've finally been approved for Social Security disability benefits. Can you guess where I'm going with this? Right, you may have closed that bank account since you filed your claim but Social Security doesn't know this. Unless you tell them quickly, they're going to try to deposit your benefits into a closed bank account. The money will bounce back and you'll suffer delay in getting your benefits.

    Your solution to this problem is to contact Social Security as quickly as possible after you find out you've been approved if your old bank account has closed. You can give them the new bank account information or let them know you have no bank account so they can send you a check. I do mean that you should contact Social Security right away. Most of the time it takes a month or more before the money comes in but not always. Sometimes, it comes in within days.

    By the way, it's not the end of the world if your direct deposit bounces back because your old bank account is closed. It's just going to add a month or two of unnecessary delay.

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

Why Is There A Waiting Period?

    There are actually two waiting periods in Social Security disability. If you're approved for any sort of disability benefit other than SSI there's a five month waiting period after disability begins before cash begins. There's also a 24 month waiting period on top of that before Medicare begins.

    You're expecting that there must be some reason you can understand why these waiting periods exist but there really aren't any, at least not any you'll accept.. The waiting periods exist for two reasons. One is to save money. The other is because compromises were made in order for Social Security benefits to pass Congress in the first place. Those who opposed disability benefits and Medicare couldn't prevent passage of the legislation. All they could accomplish was to make it as brutal as possible. Why would members of Congress be so hostile to disabled people? I really can't tell you.

    If you think this is awful, let your members of Congress know. They're the ones who can change this.

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

Happy 89th Birthday, Social Security!

 

FAQs On Consultative Examinations

    Social Security sends a lot of disability claimants out for medical or psychological exams at the agency's expense. Here's some FAQs on these exams:

What's a "CE"?

It's an abbreviation for Consultative Examination. It's what they call the exams that Social Security sends you to.

Do I have to go?

Probably. They can turn you down for refusal to cooperate if you don't.

Is it a bad sign if they don't schedule a CE? Or is it a bad sign if they do?

It's neither, really.

Why do they schedule CEs?

In theory, they're doing it because they feel they don't have enough evidence. Sometimes, that's really the case. Sometimes, it seems to be overwhelmed employees scheduling CEs to put your case off for a bit because they are too busy to work to your case. Sometimes, CE scheduling just seems random.

Do the CEs hurt claimants?

Sometimes they hurt. Sometimes they help. Mostly it's neither. You wonder why they wasted the money and time on the CE.

How good are the consultative exams?

Not so great. Nobody goes to medical school to do the CEs especially when you're not paid much to do the exam, which is usually the case. You're not getting the cream of the crop doing CEs. They're mostly going through the motions.

The CE is scheduled at the same time that I'm scheduled with my own doctor. What do I do?

Call Social Security as soon as possible and ask that they reschedule it

My CE was done in a chiropractor's office. Why?

Sometimes doctors moonlight from their regular jobs to do CEs on Saturdays. They just rent some space from a chiropractor.

How do I make a complaint about a CE?

Look at the written notice you received about the CE. It should have a phone number and address on it. That's who you contact to complain. They actually pay more attention to those complaints than you might think.

What kind of mistakes do people make when they go to CEs?

The biggest mistake is fakery. Don't do it. It can really hurt you. If you're asked to do something during the exam, do it to the best of your ability. You can say it hurts but do what you can. Also, don't go in with an angry attitude. That's not a good way to influence the doctor in your favor. Another mistake: Showing up intoxicated for the CE. They're going to notice. Yes, a few people really do show up drunk for CEs.

 

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

Help Yourself

    Many clients arrive at our firm in desperate financial shape. Most of the this can be attributed to two problems -- waiting too long to file a claim for Social Security disability benefits and the delays at Social Security. However, there are often other problems because the claimant never realized that help was also available from other sources. Let's list some of these other sources of help for disabled people:

• Medicaid -- If you're even moderately poor, file a claim with Social Services, not Social Security. This gets you access to health care.
• Short or Long Term Disability benefits from your employer -- Were you covered by a pension plan where you worked? If so, you were probably covered by a Short or Long Term Disability plan. Ask about it. If you are covered, it will give you a regular income.
• Food Stamps -- If you're even moderately poor, file a claim with Social Services, not Social Security. Don't drain your savings to buy food.
  
• VA benefits -- Are you an honorably discharged vet? Are you eligible for service connected disability benefits? Are you sure you're not? It doesn't have to be an injury caused by military service. An auto accident off base that caused injuries that still bother you could be enough. It doesn't have to be an injury at all. Any medical condition that started while in military service would be enough. For that matter, there's non-service connected disability benefits for poor vets who served during time of war.
• Social Security retirement benefits -- If you're over 62 you don't have to choose between retirement and disability benefits. Take the retirement benefits now and try to get on the disability benefits which are likely to be higher but to take longer.

    Many of my clients rely upon help from relatives and friends. I often ask them "Do you really want to test exactly how deeply they love you?" Get as much help as you can from other sources.

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

Get Down In The Weeds

    Let's say you want to really get down in the weeds on Social Security matters. Here's a few places you can go online to see what's happening at the agency that administers Social Security:

• Congressional Research Service -- Posts reports on all kind of things, including Social Security. Tends to be written at the elementary level since they're writing for members of Congress and their staffs.
• FOIA Reading Room -- Social Security posts some of their more popular responses to Freedom of Information requests.
• HALLEX -- An manual for agency employees working on hearings and appeals.
• POMS Recent Changes -- POMS is Social Security's main staff manual.
• ALJ Discussion Board -- Where some of the agency's Administrative Law Judges go to talk about agency matters but it's mostly for wannabe ALJs.
• Disability Stats -- Statistics on Social Security disability claims.
• Emergency Messages -- Important staff instructions but usually not really about emergencies.
• Federal Register -- Where official notices are posted.
• OIG Reports -- Where the agency's Office of Inspector General posts reports on investigations they have completed.
• OMB Regs Review -- Changes to regulations that Social Security has asked the Office of Management and Budget to review.
• Social Security Contracting -- Where Social Security posts information about contractors they are seeking.
  

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

Top Five Myths About Social Security

    Michelle Singletary at the Washington Post writes about these top five myths about Social Security:

• Myth No. 1: Social Security is, or will be, ‘bankrupt’

• Myth No. 2: Young adults won’t benefit from Social Security

• Myth No. 3: A shortfall makes collecting early a wiser move

• Myth No. 4: The federal government has raided the Social Security Trust Fund
  

• Myth No. 5: Members of Congress don’t pay Social Security taxes

    Four of these five myths share something in common. They're spread by opponents of the existence of 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

You Don't Have To Pay Upfront To Hire A Social Security Attorney

     You can't be too poor to hire an attorney to represent you on your Social Security disability claim. There's no upfront money to be paid. The attorney gets one-quarter of the back benefits that have accumulated up to the date you get approved. You also have to reimburse the law firm for anything they'd had to pay to obtain medical records. There's no fee if you lose.

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

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

You're Not The Only One Waiting And Waiting

 

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

"What Do They Want Me To Do?"

    Many of my clients ask me "What do they want me to do?" These clients' financial situations are rapidly deteriorating. They're desperate to receive the benefits they need and deserve so they can avoid complete destitution.

    The question assumes that someone at Social Security actually cares about their fate. Unfortunately, no one at Social Security cares. They just do their jobs as best they can in an overwhelmed system that wasn't set up to care about individual claimants. 

    Unfortunately, the answer to that question "What do they want me to do?" is that if they want anything it's for you to go away and quit bothering them. You have to have the courage to say "I'm not going anywhere. I'm sticking it out until I get the benefits I deserve."

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

N.C. Medicaid Now Covers Weight Loss Drugs

    N.C. Medicaid is now covering GLP-1 drugs such as Wegovy. There are many severely obese N.C. residents who are on Medicaid who might benefit from such drugs.

    The odd thing about this is that the N.C. state employees health care insurance was recently changed to deny coverage for Wegovy and similar drugs.

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

Who Runs The Show At Social Security?

Martin O'Malley

    The guy running the show at Social Security is Martin O'Malley. He's the Commissioner of Social Security. He's a former governor of the State of Maryland. 

    O'Malley is no dictator. For some things, he needs the approval of the White House. More important, Congress has to appropriate operating funds for the Social Security Administration. Lack of adequate operating funds really limits what O'Malley can do. He'd like to hire about 10,000 more employees so the phones get answered and you can be seen quickly if you visit a Social Security office and so that the current backlogs throughout the agency disappear but Congress won't let him. Don't blame O'Malley for all the backlogs and service problems at Social Security. It's not his fault. Blame Congress.

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

What Happens If I Die Before Social Security Finds Me Disabled?

     The fact that I hear this question fairly regularly tells me that many people who file Social Security disability claims feel gloomy. I wish I could cheer you up and tell you this never happens but it does, probably not nearly as often as you think, but it happens and there are rules for what Social Security does when it happens.  I have to divide the answers up into SSI and non-SSI Social Security disability claims since there are different rules.

Non-SSI Social Security disability claims -- Disability Insurance Benefits, Disabled Widow and Widower Benefits, Disabled Adult Child Benefits -- The money is paid per a list of priorities written into the Security Act. Here are the priorities:

1. The surviving spouse who was either living in the same household as the deceased at the time of death or who, for the month of death, was entitled to a monthly benefit on the same record as the deceased;
2. Children who, for the month of death, were entitled to a monthly benefit on the same record as the deceased;
3. Parents who, for the month of death, were entitled to a monthly benefit on the same record as the deceased;
4. A surviving spouse not qualified under 1. above;
5. Children not qualified under 2. above;
6. Parents not qualified under 3. above; or
7. The legal representative of the deceased person's estate.

     If more than one person qualifies in the category, such as two or more children, they split the amount of back benefits between them.

SSI Disability Claims -- For adults who have died, the only person to whom the back benefits can be paid is a surviving spouse who was living with the decedent at the time of death or within six months prior to death. If there isn't a qualifying surviving spouse, the benefits aren't paid. For child SSI claimants (and we're really getting gloomy here) back benefits can be paid to a parent who was living with the child at the time of death or within six months prior to the date of death.

There's an application form for the back benefits when someone with a Social Security disability claim dies.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-844-425-5347

Field Offices Closed Today

    Due to a widespread computer problem, Social Security field offices are closed today.

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

Is It The End If The Judge Turns Me Down?

     No, it's not necessarily the end if one of Social Security's Administrative Law Judges turns you down. You can always appeal or, in most cases, you can file a new claim.

    An appeal goes to Social Security's Appeals Council. Unfortunately, the chances of success at the Appeals Council are quite low. If it happens success generally means that the case gets sent back for another hearing before the same judge. However, once denied by the Appeals Council it is possible to sue Social Security in federal court. The chances of success in federal court are not bad if an attorney can find significant errors in the judge's decision. At this level, it's not so much a question of whether you're disabled as it is a question of whether the judge made mistakes in writing the decision. A win in federal court generally means that the case is sent back for a new hearing before the same judge. The process of taking a case through the Appeals Council and federal court can take more than two years. However, once you get past the Appeals Council, you may be able to file a new claim even if your case also goes to federal court.

    If you're not appealing or if you have appealed but the Appeals Council has turned you down you can file a new claim as long as you don't have what's called a "date last insured problem." There are several types of Social Security disability benefits. The most common of these is Disability Insurance Benefits or DIB. To get DIB, in most cases, you have to prove disability within about five years after the last time you worked. If this five year time period has elapsed before you get denied by a Social Security judge, you probably won't be able to get anywhere with a new claim for DIB. They'll say that it's a matter that's been adjudicated finally. However, SSI may still be available. A new claim currently takes two to three years.

    I'm sorry if this sounds complicated but this is about as simple as I can make it. This is why you need to hire an 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

How Do I File A Claim For Social Security Disability Benefits?

     A lot of people who need and deserve Social Security disability benefits don't know how to get started or they try to get started and run into obstacles. Here's the three ways you can file a claim with the pros and cons of each:

• File your claim online. Here's the link. Pros: You don't have to leave your home. You have proof positive that you filed your claim. Cons: Unless you have pretty good computer skills, you'll probably run into obstacles and give up. 

For some people filing online is a great choice but not for most people.

• Call Social Security to schedule an appointment to file a claim. Here's the number. 1-800-772-1213. Pro: You don't have to leave home. Con: Contacting Social Security by telephone is a nightmare. You may get put on hold for an hour only to have the phone line suddenly go dead. People spend days and days trying to call Social Security. Even after you get through, they may not call you when they're supposed to or you may not be able to complete the paperwork they send you. You may give up if you go this route.
  

Unless you get lucky when you call them or you just can't leave the house, trying to do it over the phone is a bad choice.

• Go to the Social Security office in person to file the claim. Pro: Somebody will see you eventually and you'll get it done. Cons: You'll have to leave the house and you'll probably have to wait for an hour or two to see someone.

Going to the Social Security office in person is the best choice for most people. It's a little inconvenient but it usually beats the alternatives..

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-844-425-5347

Having Trouble Finding An Attorney To Represent You? Call Us

     Don't get discouraged if you've tried to hire an attorney for your Social Security disability case and couldn't find one. Different law firms have different standards for making these decisions. I'd say one man's trash is another man's treasure but you're no trash! If you're in N.C, we'd be happy to talk with you even if you've been turned away by other law firms.

    I just had a hearing with a client who was previously represented by another firm which withdrew from representing her because the case seemed weak to them. It seemed strong to me. I expect we'll win.

    And if you had a hearing and were denied, we'd be happy to talk with you even though your old law firm didn't want to keep working with you on an appeal or new 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

Is Diabetes A Disability?

    Is diabetes a disability? Absolutely. Diabetes causes disabling health problems for many. However, a diagnosis of diabetes does not guarantee approval of a Social Security disability claim. It all depends upon how badly diabetes is affecting a person. There are plenty of people who have early, well controlled Type 2 diabetes who wouldn't know they had it if a doctor hadn't told them. There are others with diabetes who are in terrible shape.

    What kinds of things do Social Security look for in a diabetes case? Evidence of some of these problems associated with diabetes:

• Peripheral neuropathy -- numbness, tingling, burning in the feet and occasionally in the hands
• Poor blood circulation
• Vision changes
• Heart disease
• Kidney disease
• Liver disease
• Diabetic gut
• Difficulty controlling blood sugar -- persistently high A1c
  
• History of diabetic ketoacidosis (if your blood sugar was so dangerously high that you were hospitalized, probably you were in or near ketoacidosis)

     In addition to the diabetes, Social Security must consider your age, education and work experience as well as any other ailments you have.

   You can get on Social Security disability benefits for diabetes but you shouldn't expect a quick, easy win. You're probably going to need an 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

What Do You Like And What Do You Dislike?

    I could use feedback from readers of this blog about what they like and what they dislike. What would you like to see more of? What would you like to see more of? How well can you understand what's being posted here? What would you like for us to write about?

    Use the comment button below. It's all anonymous unless you particularly want to leave your name.

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

What About Those Illegal Immigrants That They Say Are Drawing Social Security Benefits? It's A Lie

     Many people keep saying that Social Security is going broke because it's paying money to illegal immigrants. Many people say a lot of things that aren't true and this is one of them. I don't know what to call it other than a lie.

    The Social Security Act very specifically forbids paying benefits to anyone in the U.S. illegally. Period. This isn't debatable. It's just a fact. They don't pay benefits to illegals.

    In fact, illegal immigrants HELP the Social Security trust funds by working and paying FICA taxes but never drawing benefits.

    I can't make you believe it if you don't want to but those are the facts.

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

Happy Independence Day!

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-844-425-5347

Have You Found That Notices From Social Security Are Hard To Understand?

     This is what Social Security's Commissioner had to say recently about his own agency's notices:

The notices that we send out, I have described them as Mad Libs written by mad lawyers that confuse, they scare, and most people have a difficult time understanding what many of these notices even say.

 

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

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