Non-Disability Appeals -- Presumption Of Death

    I'm writing about the work that lawyers can do to help those with Social Security cases other than disability cases. Today, I'll write about a type of case that comes up, although not often.

    Let's say you're a married woman with two minor children. One day your husband doesn't return from work. You try anxiously to find out what's happened. Eventually, you call the police. They can't find him. There's no reason that you can think of that would explain his absence. After seven years, you wonder if he can be presumed dead so you and the kids can get benefits on his account. Guess what, maybe you can! If you apply, Social Security will first check to see whether there are any earnings showing up on the departed husband's Social Security account after the disappearance. If not, Social Security will assume he's dead and pay you unless there's some reason to believe his absence is intentional. Herein lies the possibility of dispute. Was there marital discord, financial problems, criminal problems, etc? Maybe they think they have enough evidence to deny you. Maybe you say otherwise. You can appeal these cases. We're here to help.

    I should add that there's another type of case where benefits can be paid without a death certificate and a seven year absence. Let's say the husband goes out on a boat fishing with a friend. They don't return. The Coast Guard eventually finds the boat but the men who were on it never wash up. You don't have to wait seven years in this kind of case. Where there's a ready explanation for the disappearance, Social Security can pay benefits without delay. However, there's still the possibility of dispute if someone thinks that the drowning was faked and the disappearance was intentional.

     By the way, in the last presumed death case I had, Social Security finally agreed that they could presume the man in question was dead. A few months later he shows up alive! We notified Social Security. They ended the benefits but quickly waived the overpayment. If I were one of that man's children I think I would have extremely mixed emotions about the father's reappearance.

    The people who implement benefits at Social Security are called benefits authorizers. They sometimes joke that they have been given the power of resurrection for the work they do when a person presumed dead eventually turns out to be alive and they have to change the person's status in Social Security records from dead to alive. 

    To explain the picture above, it's not just Social Security that has laws dealing with disappearances. Each state has its own laws to deal with estates and remarriages and such issues when someone disappears. These are called Enoch Arden laws since they were inspired by a long poem by that name written by Alfred Lord Tennyson.

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

Non-Disability Social Security Appeals -- Overpayments

    The vast majority of the work that this law firm does is on Social Security disability claims but that's not all we do. We're Social Security and we help with all kinds of Social Security appeals.

    The most common type of non-disability case we work on is overpayments. The agency sends you notice that you've been overpaid by $30,000. They tell you that they'll start withholding money from your monthly check so they can get their money back. You think you haven't been overpaid or that the amount should be less or that you shouldn't have to repay it because it wasn't your fault. Yes, we help with that.

    The problem is the attorney fee. Usually we get a portion of your back Social Security disability benefits as our fee but there aren't any back benefits in overpayment cases. Getting you out from under a $30,000 debt can be a big deal for you so it may be worth hiring an attorney but we'll have to charge you upfront and that's a deal breaker for many people. We're sorry about that but we have to make a living.

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

New Social Security Commissioner Nominated

    From USA Today:

President-elect Donald Trump said he's nominating financial services CEO Frank Bisignano to serve as commissioner of the Social Security Administration. ...

Bisignano currently leads the financial services and payments giant Fiserv, one of the largest financial software companies in the country.

He’s previously held executive leadership positions at major banks including JP Morgan Chase and Citigroup.  ...

 

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

Many Other Conditions Can Be The Basis For A Successful Social Security Disability Claim

     I have been writing about some of the more common disabling conditions. There's no way I can do an exhaustive list. At least, I don't have the energy to try!

   It doesn't mean you can't be approved for Social Security disability just because you don't see a mention of your disabling health problem here. Give us a call. Unless it's a truly rare disorder, we've probably heard of it. Syringomyelia, spasmodic torticollis, or ankylosing spondylitis, for example? Sure, I know about them.

    The main thing is that you should get and stay in medical treatment, probably by a specialist, and be a cooperative patient. Take your meds and show up for your appointments. It helps if your doctor is willing to be helpful with the Social Security disability claim but it's not essential.

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

Migraine Headaches

    Can you get Social Security disability benefits for migraines. Certainly but it's not easy.

    Migraines are a common health problem mostly, but not entirely, in women. The thing is that most people who have migraines don't have them that often. Thank goodness. Most cases respond well to routine migraine medications or are infrequent enough to not be much of a problem with work.

    If you are one of those unfortunate individuals who has frequent migraines which don't respond to medications, it may be possible for you to be approved for Social Security disability benefits. If you're going to win, you need to be under the care of a neurologist. They're the ones who should be treating those with severe migraine problems, not family doctors. Evidence of advanced treatment regimens such as infusions is helpful. You definitely don't want evidence in your medical records of non-compliance, that is not taking prescribed medications or dropping out of treatment for a time. You need to be a model patient who still has a major problem. Few people fall into that unfortunate category but help is available for them.

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

Work and Social Security Disability

 “Can I work while I wait for Social Security to make a decision?” 

Our clients have already been out of work for months, but the bills keep coming. Social Security told them it would be 120 days to get a decision but they are already on Day 121 since talking to the local SSA office, and the claim has not even been assigned to a disability examiner.

“Can I work while I wait for Social Security disability?” The general answer is No. The first step to reviewing a potential case is whether you have stopped working. There is an amount of work called Substantial Gainful Activity. If you continue to work at a job and earn over $1550 before taxes ($2590 if you are blind) then Social Security will not even look at your health. The claim will be denied because you are still able to work, despite your pain and discomfort. Social Security will not look at your medical records.

“What if I earn less than that?” Well, work is still evidence of your function. Social Security will take that into consideration as evidence when they decide the rest of the claim. It will make it harder—though not impossible—for you to prove that you meet the government’s definition of “disabled.”

“What if I find a job that I think I can do? Should I withdraw my application?” If you find a job that is less-demanding and think you can work, do not immediately withdraw your application. There is something called an Unsuccessful Work Attempt. If you return to work, to test it out, but you can’t keep working because your health interferes, happens many more times than I can count. Social Security will conclude that, if you returned to work after a significant break, and work lasted less than six months because of your health, then that return to work is wiped off the slate. Your claim will keep moving forward. Sometimes Social Security will find out about the return to work, pause medical development to check your hours and earnings, but eventually the claim will be put back into active case processing.

“What if I return to work before 12 months have passed?” Social Security requires your work absence to meet a minimum duration: 12 months. You do not have to actually be out of work 12 months before you file, but if you go back to work and keep working before 12 months have passed, it is a technical denial. You will not even be able to collect back pay on the months that you were out of work. If you are out for at least 12 months and then return, Social Security will be able to look at paying you a lump sum for the time you were out, and stop any future checks because of the return to work.

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 Thanksgiving

 

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

13 Things to Expect at Your Disability Hearing

1. Dress like you normally dress. Do not be excessive. This is SSA’s look at a typical day in your life.

2. Bring a photo ID.

3. Get to the hearing office early. Allow for traffic and other unforeseen mishaps.

4. You will go through a security check with a metal detector. Leave any keychain pocket knives, cigarette lighters and, of course, weapons, at home.

5. You will sit in a waiting room until the judge is ready to begin.

6. The judge will have his court reporter, called a hearing monitor, come out to get you.

7. You will go to a private hearing room, often set up like a mini courtroom. The hearing is recorded (voices only; no video recording) by the hearing monitor. There is a microphone that does not make your voice louder, it is only used for the recording.

8. The judge will start by saying a procedural introductory paragraph.

9. The judge will ask you to state your name and other identifying information during the procedural opening.

10. After the procedural opening, the judge will ask you about the type of work you did in the past five years.

11. You will have a chance to talk about your daily activities, so the judge understands how your health and symptoms are impacting your function and your stamina, mental and physical.

12. After your testimony, the judge will call a labor market expert, called a vocational expert, to ask them questions and get feedback on how different limitations could hypothetically affect someone your age, without specifically trying to find work for you.

13. The hearing ends without a decision.

The decision comes in the mail after the judge has a chance to go back, review the file, and make a decision, and a decision writer is able to finalize the decision in writing so that it can be mailed. It could take a week, it could take many months. It just depends on their backlog.

If you are finally at the hearing level, this is your last chance for a fresh review of your application. The next appeal is only available if the judge made a substantial error. I recommend finding an experienced Social Security disability attorney to help you prepare your case. If you want an attorney and do not have one in mind, call us at 1-866-425-5347. We represent North Carolina residents in their claims for Social Security disability.

Bipolar Disorder

     Bipolar disorder leads to many Social Security disability claims. It's a common health problem and often a serious one.

    Not all people with bipolar disorder will get on Social Security disability benefit, nor should they. In most cases, bipolar disorder can be controlled with medication and therapy.  

    Certainly, there are many who suffer from bipolar who should be on disability benefits. It's one of the more common health problems that Social Security disability attorneys see.

    In bipolar cases Social Security is looking at these sort of factors:

• Is the patient in psychiatric care? Not just care from a primary care physician but from a psychiatrist.
• Is the patient taking the medications prescribed for them?
• Has the patent required inpatient treatment?
• How well is the patient getting on with their life? Can they get much housework done? Socialize? Take care of business affairs? 
• What happened in the past when the patient was working? What problems led to the patient being out of work?
  
• Does the patient also have a substance abuse problem? They're commonly associated with bipolar disorder and make the bipolar disorder worse. This makes a case harder to win.
  
• Does the patient have a panic disorder? They're also commonly associated with bipolar disorder. Is the panic disorder causing agoraphobia -- that is the fear of leaving the house without a security figure such as spouse, parent or child? Agoraphobia can certainly be disabling.
  

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

Social Security Service Takes Another Hit

 

   Social Security has announced that it is mostly ending walk-in service at its field offices. This means in most cases that if you show up at a Social Security field office that you'll only be given an appointment to come back later -- usually more than a month later -- to transact your business with the agency.

    You can schedule an appointment with Social Security over the telephone or my opening a my Social Security online account. Contacting the agency by telephone can be extremely difficult. You may have a helpful person on the phone after a few minutes on hold or you may call repeatedly and being put on hold for 30 minutes or more until you get frustrated and hang up or until the system hangs up on you. Opening a my Social Security account isn't difficult if you've tech savvy. If you can read this blog, there's a good chance you can handle it. The problem is all those who need service from the agency who aren't even a little tech savvy.

    This is terrible for customer service. Social Security knows this. They believe they have no choice because they don't have the money to hire enough people to get the work done. This isn't because the Social Security trust funds have run out of money. The problem is that Congress won't let them spend enough money to get the work done.

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 Social Security Disability?

“What Is Disability, Anyway?”

As a disability attorney, I frequently get this question from new clients. Officially, in Social Security, being a disabled adult has one definition:

“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.”

But what does this mean? It means that you are not working because of your health and probably will not be able to go back to any sort of work within a year. Social Security will get your medical records and look for objective medical findings, then look at job market numbers, and decide whether you could still hypothetically be a part of the national workforce.

You have the burden of proving that your health keeps you from doing your past work. Social Security has to prove that even if you cannot do your past work, your health, age, and employment outlook still leave a significant number of less-demanding jobs that you have the function to do, regardless of how much money those jobs pay and regardless, too, of whether you actually find that job and can get hired.

It is complicated. There are Social Security regulations being updated all the time. There are filing deadlines. There are rules for submitting evidence. Follow our blog for ongoing insight and, if you live in NC and need a lawyer to advocate for you, call our law firm or complete an online inquiry on our website, www.hall-rouse.com.

 

Asthma

     It's hard to get Social Security disability benefits period but particularly difficult if the primary impairment is asthma. There's a good reason for this. In almost all cases doctors can prescribe treatments, including medications, that bring things under control so that the patient can get back on with his or her life.

    Let me make it clear. Asthma can be a dangerous medical condition. I've seen an acute asthma attack and it's scary even if you're not the one having it. I can't imagine how terrifying it is to have such an attack. Untreated, an acute asthma attacks can be fatal.

    For the few asthma cases that might qualify, Social Security is looking at whether the patient is under medical treatment and whether the patient is taking the meds and the treatments they're supposed to be taking. They're looking at how often the patient has an acute asthma attack despite treatment.

    Children's asthma cases are particularly hard to win. Parents are scared to death by that first asthma attack but, again, the doctors do a great job of controlling pediatric asthma if the parents just do what they're supposed to do.

    Asthma can contribute to Chronic Obstructive Pulmonary Disease (COPD) but that's another matter.

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

Disabled Adult Children

Social Security Disability and Financial Planning

 

Lawyers are not the only ones with clients facing Social Security Disability questions. Financial advisors get these questions, too. Let’s talk about the Wilson Family. James and Ann Wilson are your clients, seeking financial advice for their family. They are healthy and happily married; both now in their mid-60s— James, retired from a pharmaceutical plant, where he worked as a warehouse foreman. Ann, retired from teaching. They are lovely people. James and Ann have an adult daughter with special needs. She has never lived on her own and even with the best therapies, her function is equivalent to that of a 12 year old. James and Ann are now worried: how will their daughter survive once they are no longer there to provide for her? Can she file for Social Security Disability? 

 

If their disabled adult child has worked long enough (generally seven of the last 10 years) and at high enough earnings, then she can file a claim for Social Security disability insurance benefits— Think about situations where disabled adult children worked in a family-, friend-, or faith-based organization’s business, where they were hired due to prior affiliation rather than competitive employment standards. This claim will be filed under the adult child’s own Social Security number (which SSA sometimes calls the wage earner number). 

 

If she has not been able to work, then she will not have accumulated the work credits needed to file a claim for Social Security disability insurance benefits. The exception? If James and/or Ann receive Social Security retirement or disability, then their daughter will be able to file under the parent’s wage earner number. Whether she will ultimately receive benefits will hinge on proving the disability began before she turned 22. (For disabled adult children whose parent is deceased, if that parent worked long enough to qualify for Social Security, then the same exception applies and the adult child can file under the deceased parent’s wage earner number.) 

 

If neither of these situations is true then James and Ann’s daughter may be eligible to file a claim for Supplemental Security Income (often referred to as “SSI”). SSI is means-tested and considers the household’s income and resources. While at first glance, James and Ann appear to provide too many resources to their daughter, consider whether any exceptions apply. Among other things, Social Security will not count property essential to self–support; money saved in an Individual Development Account; health flexible spending accounts; dedicated accounts for disabled or blind children; the first $2,000 of compensation received per calendar year for participating in certain clinical trials; and certain trusts, i.e., special needs trusts and pooled trusts. (Note that money distributed under these trusts will not work against the disabled adult child’s means-tested eligibility to file; however, once the child is found disabled under the law, the money distributed from the trust may have the effect of lowering the amount of the monthly SSI payment.)

 

These are good things to know when advising James and Ann. For more detailed questions or help filing, it is good to talk to an experienced Social Security disability attorney. In North Carolina, my law firm is happy to assist with questions and filing. If you are outside of NC, feel free to reach out to me and I will point you in the right direction. 

 

Veterans Day 2024

 

 

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

Bad Backs

     Bad backs can hurt -- a lot. A bad back can certainly be the basis for a successful Social Security disability claim.

    As with other cases, age makes a huge difference. It can be very hard to get approval for those under 50 years of age. Between age 50 and 54, it's a little less difficult. For those 55 and older, it's considerably less difficult.

    Here are some things that may make a difference in a Social Security disability claim based upon a bad back:

• Have you had surgery? What kind of surgery? A lumbar fusion is a much more serious procedure than a lumbar microdiskectomy.  
• Do you have what doctors call radicular symptoms -- what they sometimes call sciatica? I'm talking about symptoms such as pain, weakness and numbness not so much in the back as in a hip or thigh or calf or foot. 
• What do your x-rays and MRIs look like?
• What kind of work have you done? At the least, we have to prove that you're no longer able to perform your old job. That's easier to do if the old job was physically demanding than if it were an office job.

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

Social Security Disability for the Injured

Traumatic accidents often precede Social Security disability claims. When a person is involved in a severe accident, the initial goal is to file a claim against the responsible party’s insurance carrier while the victim focuses on recovery. The idea is to get back to good health and return to work. 

 

However, as time goes on, injuries can take longer-than expected to heal, or heal but leave function worse than anticipated. Attention turns to whether the injured person can return to work, or whether they should file a Social Security disability claim. 

It is important to remember that filing a claim for disability means not only that the injured person can no longer do their past work, but that the person has lost the function to perform any other work that exists in significant number in the national economy, and will be in that state of health for at least a 12 month period.

 

Here is an example: While a 45 year old construction worker may clearly be unable to return to past work after a traumatic spine injury that required a fusion back surgery, the medical records may show adequate healing which, within 12 months, would recover to the capacity to do a sit down job, with ability to sit and stand for comfort accommodated during regular breaks in an eight-hour work day, to complete a 40-hour work week. Construction work is out of the question. However, there are a significant number of sedentary jobs in the national economy that fit this residual functional capacity. In this particular set of facts, the disability regulations will direct a finding that this person is Not Disabled. 

 

(If a traumatic injury heals and the person returns to work- or is expected to be able to return to work- before 12 months have elapsed, the claim will be denied for failure to meet the disability law’s duration requirement. Medical conditions like simple bone fractures with uncomplicated healing processes would fall in this category.)

 

The first thing to consider is whether the remaining impairment will likely prevent a successful return to most work. This presumes work as a 40-hour work week. 

 

Next, consider whether the personal injury settlement will interfere with filing a Social Security disability claim. Before Social Security looks at medical evidence to decide whether an injured person qualifies for disability benefits, there are technical issues that can impact the eligibility to even file a claim for benefits.

 

Social Security Disability pays benefits from two programs, disability insurance (this is what people frequently refer to as Disability) and Supplemental Security Income. You must meet technical eligibility requirements for at least one of the programs to be able to apply for benefits. 

 

The Social Security disability insurance program does not care how much money a person has. The question is whether the injured person worked long enough, and at high enough earnings, so that he is “insured” for disability benefits. Insured status is generally met when the person has worked seven of the last 10 years. To think about it like other types of insurance: the Social Security taxes taken out of your wages act like paying insurance premiums. If you don’t pay a premium then there is no insurance. If you paid premiums in the past but stopped, then the period of insurance coverage will begin to tick away until it ultimately “expires.” If the injury happens after the date last insured, Social Security can not pay this type of benefit. 

 

If the disabled person worked, but it was under the table and no taxes were taken out, then there is no coverage for Social Security disability. 

 

Supplemental Security Income, or SSI, places a limit on the amount of income and resources are available to a person. Think of it like a poverty-based disability program- the person must be found disabled but payment of benefits is means-tested. Generally, for single individuals the allowed amount is $2000 and for married persons the amount is $3000. Any amounts in excess would begin to count down from their SSI benefit. For example, a person can be found disabled but get $0 benefit due to excess income and resources. A settlement will likely outresource clients. If the injured person attempts to file while the settlement is still plentiful then they will receive a technical denial, meaning Social Security will not process the case on its merits- it will be screened out because, technically, the person is not eligible to file. This is not a permanent situation. Once the settlement is spent down then eligibility returns the month after the change in assets takes place.

 

This can be confusing. For help with a problem similar to this, you can call the Social Security disability law firm of Hall & Rouse at 1-866-425-5347, or fill out a contact form at our website, hall-rouse.com.

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