Social Security Disability Advocates in Los Angeles

Las Vegas Man Faces 2 – Years Imprisonment for Stealing Disability Benefits

2012-01-17T15:13:00.000-08:00

A 58 – year old Las Vegas male resident was sentenced with two – year imprisonment after the Social Security Administration discovered that he was one of the non–deserving frauds receiving disability benefits.

On October 2011, Nelson Vazquez pleaded guilty to one count of theft on government funds causing the US District Judge, Larry Hicks to penalize him with a couple of years behind bars. The court also ordered Vazquez to pay restitution to the Social Security Administration.

Vazquez was expected to voluntary report to the federal prison by March 12, 2012.

Based on the court papers, Vazquez has been receiving Disability Benefits since 1976 until May, 2000 when the agency terminated it after he had been employed and was able to work again.

Vazquez disability benefits were reinstated on December 2003 after his disability purportedly came back. However, this cannot be hidden forever. Recently, the Social Security Administration discovered that Vazquez was handling a Las Vegas accounting firm – the Vazquez & Associates while receiving the disability until 2010.

Part of the Social Security Administration’s major programs is to help qualified disabled individuals. People with disabilities are entitled to receive certain benefits depending on the eligibility and need. However, it does not necessarily mean that once qualified for the disability benefits, all are guaranteed with a lifetime security. Once in a while, the agency is conducting a review on the disability benefit claimants whether a claimant is still eligible for the benefits or not.

In Vazquez’ case he was caught in the act by the agency. This is the reason why he has to face charges. Maybe even with the legal advice, like from Los Angeles social security disability lawyers, he still wouldn’t win his cases since he was caught red handed by the agency.

Nomadic Sisters Finally Granted with Social Security Cards after Years of Being Denied

2012-01-10T16:04:00.000-08:00

Two sister from Louisville, Kentucky who have been living for more than two decades without social security numbers and other credentials were finally granted with proper identities including social security cards.

The sister have been denied for several times by the Social Security Administration (SSA) in securing a social security number due to lack of supporting documents and identification references to present.

After being denied by the SSA for their social security number due to lack of proper documentation and identifications, the sister filed a lawsuit in federal court in 2009 to acquire needed certifications. On 2010, Circuit Judge John Knox Mills requested for a DNA tests to prove that the women are legitimate children of their parents.

In his order, Circuit Judge Mills wrote that the court does not find any reason for not believing in the women’s testimony. Thus, request has been granted giving the sisters the social security numbers which will give them access to the employment industry as well as Social Security Income for their future.

After year of being denied for securing social security cards, the sisters – Raechel and Stephanie Schultz who live in a tiny territory of Lily will finally receive their social security cards with hopes of obtaining jobs like bartending, jewelry making and old furniture repainting.

Raechel, 29-year-old, was born at their home in Madison County, Kentucky, while 23-year-old Stephanie was born at the back of a Dodge Van in Southern Alabama.

During the early stages of the women’s lives they were nomadi c. They did not have any particular or permanent address. Their family travelled in different states and never stayed in one place. Additionally, they never attended school but instead their college-educated parents home-schooled them. You may always contact us, if you need the assistance of a Los Angeles Social Security Attorney.

Woman Gets in Jail For Social Security Disability Fraud

2012-01-03T08:00:00.000-08:00

The Social Security Disability Insurance program is very helpful for the people who are in dire need of financial assistance due to their disability. However, heartless and fraudulent individuals often take advantage on the only benefits that the disabled people have.

A 23-year old woman named Teri M. Mozingo was sentenced with 11 months imprisonment for Social Security disability fraud. The fraud happened during her time of employment of at Bios Corp., an organization dedicated for caring for people with developmental disabilities.

Mozingo started her fraudulent act when she was asked to switch the accounts of the claimants from checks to direct deposit into Bios trust accounts. Instead of depositing the checks into the Bios trust account, Mozingo deposited the money into her own personal account.

In her guilty plea, Mozingo admitted that while she was employed at Bios Corp., she took payments from 15 Social Security Disability and Supplemental Security Income claimants within the stretch of Dec. 4, 2008 until fall of 2010.

To avoid getting caught, Mozingo deposited some of the money from one of her accounts into the Bios trust accounts and then created fraudulent accounting entries into the Bios’ record book.

Apparently, Mozingo thought of her plan very carefully from the beginning until the end. She even thought of a way to cover up her complex scheme. It was a very nice yet foolish idea. She didn’t even bother to realize the consequences if she’s ever been caught. It is true that some secrets cannot go unrevealed forever.

Mozingo was fired at Bios on September 2010 after the organization discovered her illegal act. Now, apart from her jail sentence, Mozingo is also required to pay a total of $58,889.93 in reimbursement still owed to Bios Corp. and she will be under the court supervision for three years.

Unfortunately, because of the little amount of money she got from her social security disability fraud, she was not only entitled for imprisonment but she also lost her job and is further required to pay almost double the amount she stole from the organization.

Social Security Administration to Review Social Security Appeals

2011-12-26T13:39:00.000-08:00

Sometimes, life isn’t fair. Ironically, out of thousands of people filing for disability benefits, those who deserve benefits are often denied, while others are enjoying benefits they actually don’t deserve. This is the major reason why the Social Security Administration (SSA) intends to launch a review targeting Social Security appeals.

According to a report, the Administrative Conference of the United States will be conducting a Social Security Disability review. Recommendations for overhauling the disability appeals process is said to be released next year.

The Social Disability Insurance Program was established way back in 1950. This year, the program is expected to pay out $103 billion disability benefits to over 10 million people. However, according to reports, the program is facing financial uncertainties and is expected to drain its resources by 2017.

Now, the federal government is seeking a way on how to prevent the presumption from happening. If the proposed review has been implemented, it will somehow lessen the burden of the government. It will also take out the issue of fraud from the recipient’s list thus giving deserving beneficiaries their benefits.

One of the main points of the Conference’s report will be the role of the administrative law judges who are tasked to resolve disability appeals. Critics claim that there are inconsistencies in terms of the resolution of the appeals amongst administrative judges. Reports said that some of them decide on claims in less than a minute, while others take some time and even days or longer.

By next week, the SSA is planning to avoid informing those who apply for disability benefits of which judge they’ve been assigned for their case. This is to avoid bargains that may occur between the applicant and its lawyer and the presiding judge.

The study will also focus on the federal court’s overturning on many of the Social Security judges’ decisions when they deny the benefits.

The Social Security Appeals review will be a wise move from the administration. It would not only benefit the deserving recipients but will also be a significant help for the recessing economy of a state. The Conference report will be due on August and the final recommendations will be released on November 2012.

Academy Award Winner Patty Duke Applied for Retirement Benefits on Her 65th Birthday

2011-12-16T17:11:00.000-08:00

The Academy Award-winning actress Patty Duke has finally applied for her Social Security retirement benefits and Medicare benefits on her 65th birthday.

Duke has been famous since her childhood days for being a talented actress. She is known for playing a role in an eponymous sitcom for three years before progressing into more mature roles. She was also elected as the president of the Screen Actors Guild from 1985 to 1988.

In 1982, Duke was diagnosed with bipolar disorder, since then, she has devoted much of her time advocating and educating the public about mental health issues. In 1996, she was recognized and was ranked at the 40th place of TV Guide’s Top 50 Greatest Stars of All Time.

For three years, she has also volunteered her time promoting the online services of the Social Security Administration (SSA) in several public service announcements and media interviews.

Finally, on her 65th birthday, Duke and her husband applied for their Social Security benefits and Medicare benefits at home and in their pajamas through the online services provided by the Administration at www.socialsecurity.gov.

Duke, in the new online video shows a vision of what would be her situation years from now with her husband. After her acting career, definitely she and her husband would just enjoy every single moments with each other while receiving their SSA Claims.

In a press release from the SSA’s official website, the Administration’s Commissioner, Michael J. Astrue said that all of them at the agency are wishing Duke a very happy birthday. “She’s a Hollywood legend and an American treasure who reaches a very important milestone today. True to form, she is the one giving us the birthday present by showing her fellow baby boomers the easiest way to apply for benefits,” he added.

According to senior actress, she just applied for the social security’s retirement benefits and not retiring from being a spokesperson of the Administration. Up to present, she still keeps on promoting the SSA’s online services.

Coordinating VA Disability Benefits and Social Security Benefits

2011-12-09T16:32:00.000-08:00

Helping disabled persons is part of a government’s major programs. Qualified individuals are entitled to receive certain amount of benefits based on his or her eligibility and needs, and as mandated by the law.

Veterans are absolutely entitled to receive both VA disability benefits and Social Security benefits once they reach the maximum age limit of 65. Under the law, the maximum limit of benefits that possible recipients can get is the combination of the VA disability benefits and Social Security benefits. However, they cannot get all the assistance offered by the two benefits. Therefore, they must first know how to coordinate the two before being entitled for both benefits.

Here are the tips in coordinating the two benefits:

• Choose where you want to apply first; either VA disability benefits or social security benefits.

• Wait for the decision regarding your first claim.

• Apply for the second benefit after the first one has been awarded to you. Be sure that you have written on your application form that you are currently receiving benefits from the other administration. This is for the purpose of computing the benefits to be awarded by the second administration to you since there is a limit regarding the matter that was set under the law.

• Again, wait for the decision regarding your second claim.

• Don’t forget to secure copies of your medical records from the Veterans Affairs since it is one of the requirements to be presented in the Social Security Administration when applying for the Social Security benefits.

• Don’t ever try to make any falsification on your application and other pertinent documents to collect more benefits than you deserve. Once you are caught lying by any or both of those two administrations, you will not only pay back the money you collected but you could also be prosecuted.

Now, you can enjoy both VA disability benefits and Social Security benefits. It might not be at its best limit but at least you’re enjoying both benefits. It’s so much worth for your long earned money.

For further details about the maximum limit of disability benefits, kindly visit the official website of Veterans Affairs at http://www.va.gov/ and Social Security Administration at http://ssa.gov/

What Do SSA Claim Scammers Often Say?

2011-12-06T16:38:00.000-08:00

With about seven million individuals receiving monthly benefits from the Social Security Administration, a total amount of more than $33 billion is being release annually. No wonder SSA scammers try to sneak a recipient’s SSA claims to the best they can.

Oftentimes, scammers will offer help to a recipient in filing SSA claims or sometimes will disguise themselves as social security representatives.

Below are the three key phrases that SSA claim scammers will often tell you:

• “This is for your SSA Records Updating Purposes” – it is the most common tactic that scammer use to get your Social Security details. Through phone call, letter or e-mail, scammers pretending to be a social security administration employee can easily get your social security number, birth date, account number and any information they need to steal your money. Keep in mind that legal SSA representatives will never reach recipients through e-mails.

• “We will give you bigger check but you must pay the filing fee first” – scammers offer great opportunities like getting you a bigger check and others. They will be more than willing to offer help in exchange for a filing fee. The Social Security Administration does not charge filing fees and if ever you think you deserve a higher benefit, you may file for an appeal by yourself at no cost.

• “Your tax refund is coming” – scammers urge you to file a new income tax return saying that you can get refunds for your lack of increase in SSA claims for a couple of years. There is really no refund. Their purpose here is only to get your social security personal details.

Filing for SSA claims may require a lot of efforts. Admittedly, the social security administration is allowing recipients, particularly the elderly and disabled to hire someone or sometimes a disability lawyer to help them but you must be sure that you’ve got the right person. It’s very important that you should know how to determine SSA scammers.

Social Security Administration Once Again Achieved High Recognition

2011-11-25T14:50:00.000-08:00

In the latest press release launched by the Social Security Administration (SSA) in its official website, they proudly announced that once again, the agency ranks as one among the top ten “Best Places to Work in the Federal Government”. SSA is at the sixth (6th) place of the top ten.

The recognition not only identifies the administration’s efficiency in providing quality workforce but also proves that they are committed to treating their employees as its most valuable asset.

Social Security Commissioner Michael J. Astrue expressed excitement for the recognition and said that he is very proud to be on the list again of the top ten “Best Places to Work in the Federal Government”. He is also proud of his employees who helped him achieve the appreciation that their administration had just received. He is very grateful as well that despite the obstacles that came their way through the years in service, his employees still bring out their best in supporting the administration.

The said recognition - awarded by the Partnership of Public service and American University’s Institute of the Study of Public Policy Implementation - was based on the results of the Official Personnel Management’s Federal Human Capital Survey. It is a government–wide assessment that determines the employees’ perception in the nature of their work.

The survey stimulates the agencies to establish an effective civilian workforce. It identifies the skills of both employer and employee in an agency and how they coordinate with each other to build an effective workforce. Of course to achieve this goal, employers must be a good leader and employees must be satisfied and dedicated to their jobs.

This is another great news from the Social security administration. Hopefully, in the next set of good news coming from the administration, maybe they can tackle about the beneficiaries and wage earners, particularly about the Social Security Disability. That will probably be the best good news everybody is waiting for.

Don Francisco Promoting the New Spanish Online Services of the Social Security

2011-11-18T15:10:00.000-08:00

Don Francisco, a popular television host for the Univision network, which targets Spanish-speaking viewers in the United States, would now be on a series of public and television appearance. This is to announce the new Social Security Spanish online services.

Born at Talca, Chile on December 28, 1940 under the real name of Mario Luis Kreutzberger Blumenfeld he made his name through hosting a variety of television shows.

The Social Security Administration (SSA) on their official website has released an announcement wherein there would already be a Spanish version of their site –www.socialsecurity.gov that can be accessed at www.segurosocial.gov.

The online services provided by the administration including its applications for retirement, Medicare and for Extra Help with Medicare prescription drug costs are now available in the Spanish dialect.

These Spanish online applications aforementioned by the SSA aimed to make the access to the website as easy as possible and for it to be accomplished in as little as a quarter of an hour.

This new online service provided by the Social Security Administration is one of the most rated electronic services in both public and private sector. Great features include estimation of retirement benefits in Spanish. This can be found through the “Retirement Estimator” found through this link - www.segurosocial.gov/calculador.

By using the actual wage earner recorded on the social security database, the estimator can provide the wage earner an idea of what or how much to expect upon retirement. Wage earner’s can also enter different dates and future wage projections to get the approximation for various storylines. Spanish speaking people in US no longer need to use an online translator tool in able in understand the content of the SSA.

The Social Security Administration as well as the wage earner who are profiting from this new online application is sending their warm gratitude to Don Francisco for spreading the news and helping them to be informed about these new Spanish online services.

Now retirees will never find it difficult to go through the hassles of filing their retirement benefits. In just a click away and they are done.No wonder why Don Francisco is very much willing to promote this new online application. Its commissioner, Michael J. Astrue is proud to say that the administration is leading in providing service in Spanish in the Federal government.

Hypersensitivity Identified as a Cause of Permanent Disability

2011-11-04T14:31:00.000-07:00

Hypersensitivity is an unusual reaction of the body to a substance which does not commonly have any negative effect on the same. Reactions may be harmful, having a feeling of discomfort or sometimes can be fatal.

In Madrid, Spain, the labor court declared a college professor who suffered from chronic fatigue and environmental and electromagnetic hypersensitivity permanently disabled.

The said verdict which gives the professor its hundred percent of his base salary is one of its kind. This serves as a model for future cases of people with similar condition.

The Social Security Disbility Assessment Team (E.V.I.), identified in its clinical diagnosis: chronic fatigue syndrome, fibromyalgia and celiac diseases, environmental and hypersensitivity syndrome despite which released the patient’s incapacitation.

The criteria for granting of this degree by the National Institute provincial director was brought back into query by the Court Society of Madrid. It also recognizes the rights of an applicant to claim that it displays great challenges for the performance of their tasks “with proper level of professionalism and performance.”

Hypersensitivity, as most people know is simply an uncommon reaction of the body into something like electromagnetic substances. People don’t take it seriously since it source according to its own definition does not bring any harmful effect to the body. Sad to say, now there is a proven study that it is also one of factors that causes permanent disability.

Well, this case apparently being a pioneer is a great warning to people who are at a high risk of hypersensitivity. Though, qualified permanently disabled person may have a permanent disability claim, still, being capable to work on your own and have a healthy lifestyle is very a great blessing.

Adult – Baby Still Eligible for Social Disability Claims Despite Senator’s Complaint

2011-10-28T17:07:00.000-07:00

After watching a childish man designing and doing some adult – sized infant furniture in an international TV show, US Senator Tom Coburn of Oklahoma ordered the Social Security Administration to conduct an investigation regarding the social disability case of the immature 30 – year old man, Stanley Thornton.

The Senator’s spokesperson said the Senator is surprised to know that the federal government is continuously sending social disability checks to the childish man who is capable of designing and building adult sized infant furniture.

Stanley Thornton is living as an immature man in Redding, California. At age 30, he still wears diapers, spoon – fed and dressed and pampered as a baby by his house mates. He was once featured at the National Geographic Channel building furniture - like oversized high chairs where he was seen by the senator.

As a prompt response to the senator’s complaint, the Social Security Administration said that they have recently reviewed Thornton’s case and found out that his disabilities is continuing, therefore he is still eligible for his social security disability claim.

In an essay written by Thornton, he cited that his social security benefits are established on his range of condition – beginning from post – traumatic to Attention Deficit Hyperactivity Disorder (ADHD) to spinal problems and to depression and not on his babyish lifestyle.

Having such a lifestyle and both mentally and physically incapable of doing anything might be very distressful. Apparently, people with such kind of condition don’t want those things to happen in their life, but it does. Perhaps, if they only have a choice, they would still want to live a normal life even without those social security benefits and the likes.

After a series of investigations, the Social Security Administration eventually closed Thornton’s case and decided to allow Thornton would to continue receiving social security disability check from the federal government.

State Regulators Summon MetLife on Unpaid Benefits

2011-10-13T16:30:00.000-07:00

Relying solely on Social Security Administration (SSA) death master file can be troublesome for other private insurers. It can lead to lapses in records and unverified information from members.

Worse, it may cause delay in benefit claims and affect related contracts with state agencies.

Consider the case of United States' leading life insurance company, MetLife Inc., which was summoned to appear before state regulators in Florida and California to answer allegations on not paying death benefits, according to reports on Friday.

Reports said MetLife is facing $115 to 135 million due claims to families of deceased life insurance holders. The insurer also has to explain lapses in using Social Security Administration's (SSA) death master file.

MetLife is set to appear before state regulators in Florida and California on June, reports said.

According to MetLife's representative, the insurance company is correcting its records to process the claims of surviving family members. MetLife clarified that the state charges represent about 1 percent of the $11 billion benefits that the company pays yearly.

The private insurer also stated that MetLife has faced $42 to $62 million higher catastrophe damages this year than its estimate of $38 million. The insurer assures affected families of its cooperation with state agencies to speed up the claim process.

What could have been an immediate financial relief among the affected families turned out as a headache. The surviving family members supposed to receive the money in payment for their loved one’s hospital or funeral expenses. Instead, the survivors ended up spending their time in filing complaints against the private insurer.

This case may serve as a warning to other private insurers to use SSA’s death master file cautiously. The members’ information needs verification and independent file keeping is important to keep one’s company records accurate. The result of delay in the members’ claims causes additional tragedy for the survivors as well as burden for the SSA.

For more information on Social Security claims, you may consult with a lawyer in Los Angeles. Your attorney will guide you throughout the process of litigation. Dial 1-866-772-2889 or email us at ssla@mesriani.com for a free case analysis.

Two Mexican Citizens Charged with Social Security ID Fraud

2011-10-04T16:46:00.000-07:00

The US government is serious on eradicating illegal aliens in the country. The Social Security Administration (SSA) has updated its system in tracing false documents. Identity fraud seems to be the fastest way to experience a federal trial nowadays.

Such is the situation of two Mexican citizens who were facing identity theft charges after submitting fake papers for employment, according to reports on Sunday.

According to reports, Juan Pablo Sotelo-Castro and Jose Luis Morones-Garcia have used tampered Social Security cards when they settled and applied for work in Iowa and Illinois.

Authorities filed identity theft and other charges against both men in US District Court in Cedar Rapids on Sept. 20. Sotelo-Castro and Morones-Garcia were detained awaiting trial.

Using tampered Social Security cards just to comply with employment requirements may give you temporary cash, but result in a series of legal mishaps in the near future. The government is more sophisticated nowadays with its E-Verify system and updated database so it’s almost impossible to get away with the crime.

If you are not yet caught with your identity fraud, better correct your employment papers and face the penalties to avoid longer jail time. The authorities may reduce your charges when you take the initiative to correct your acts.

For more information on identity theft, you may consult with a Social Security lawyer in Los Angeles. Your attorney will help you go through the legal process. Dial 1-866-772-2889 or email us at ssla@mesriani.com for a free case analysis.

Social Security Numbers of US Steel Mining Retirees Lost in Mail

2011-09-30T15:15:00.000-07:00

When Social Security numbers are lost or stolen, the affected members may face difficulty in filing retirement claims or receiving disability benefits. This is because the Social Security Administration (SSA) will have to trace any misuse and correct fraudulent transactions.

Consider the case of at least 4,000 retirees of US Steel Mining who had been affected when the disk that contains their Social Security information was lost in mail, according to reports.

Reports said the Benefits Administration Services (BAS) has mailed a CD, containing the names and Social Security numbers of the retirees on August. However, the United States Steel Carnegie Pension Fund never received the mail.

There was no trace of misuse among the Social Security account information of 4,000 workers yet. At least 1,700 of the affected employees were from West Virginia, reports said.

Reports said the BAS is cooperating with the US Postal Service to locate the CD.

Good thing the authorities has not yet traced any misuse on the Social Security account information. Should there be the BAS will have a hard time correcting the damage; the retirees may also experience delay in their benefits or claims.

If you or a loved has been a victim of identity theft, you must report the incident to SSA. You may scrutinize any unusual transaction in your account and ask a SSA officer to conduct investigation. You may also consult a lawyer in Los Angeles to help you undergo the legal process.

For more information on identity theft, you may dial 1-866-772-2889 or email us at ssla@mesriani.com.

SOCIAL SECURITY LAW: President Obama to Cut $320 Billion from Social Security Fund

2011-09-20T14:46:00.000-07:00

US President Barack Obama may not be popular among the masses recently, but he continues to make decisions that reveal his leadership preference.

Recently, Obama has made proposals on reducing Social Security money and increasing the taxes of wealthy citizens. He has called on both the poor and the rich to make sacrifices with the incentive of retaining the full retirement age. Such move generates an impression of a leader who makes compromises to achieve a goal.

According to reports today, President Barack Obama has proposed a $320 billion cut from Social Security Fund as part of his plan to reduce the fiscal deficit by $3 trillion.

Reports said Obama plans to deduct $248 billion from Medicare and $72 billion from Medicaid without changing the full retirement age from 65 to 67.

The president will pursue tax increases by $1.5 trillion within ten years to help reduce the $3 trillion fiscal deficit. This move aims to hold wealthy citizens as part of the solution process, reports said.

Reports said Obama will also collect $1.1 trillion from military savings as US winds down operations in Iraq and Afghanistan.

The Social Security cuts and tax increases are necessary part of Obama's $447-billion project on employment boost, reports said.

Obama and his committee on deficit cuts will submit the recommendations to Congress on November 23.

Obama’s preference on pleasing others has caused him ups and downs on his leadership. His recent plan to satisfy the demand on cuts has resulted to reduced Social Security allowances of the poor, while pressure on mass disapproval compelled him to raise the taxes of the rich.

His next steps on fixing the budget deficit is probable, he will try to cover up for the pitfalls of the trade industry and make promises on labor boost.

So much for pleasing others to appear acceptable to society, it is time to hit the source of the nation’s recession and face opponents with firmness. The Social Security Administration (SSA) has been lenient in granting the requests of Obama, soon enough the people will experience the consequences of such leeway.

To learn more on Social Security claims, you may consult with a lawyer in Los Angeles. Your attorney will help you deal with the litigation process. Dial 1-866-772-2889 or email us at ssla@mesriani.com for a free case analysis.

Grandmother Faces Restitution and Probation Sentence for Social Security Scam

2011-09-10T00:19:00.000-07:00

Do not mess with Social Security Administration (SSA).

This is the message that SSA wants to convey to beneficiaries at the height of Social Security screening times.

For the past months, Social Security has imposed stringent screening among members regarding unusual accounts; Cases of identity and tax frauds surface throughout the country. One of the latest violation detected is Dixie Yvonne Spears' illegal taking of $15,743 worth of benefits.

According to reports, Spears, 71 years old, continued to receive benefits on behalf of her grandchild from January 2008 to February 2010 though the later was no longer living with her. The SSA figured out the fraud and filed lawsuit against her. She was sentenced to pay $8,658.30 as remaining amount for restitution and $1,100 as penalties.

Spears will face 10 years of imprisonment if the probation is revoked, reports said.

Failure to report discrepancy in your Social Security account may cause legal trouble such as the above case. It will be better for beneficiaries to alot time in processing the correction than undergoing SSA’s litigation.

The SSA mandates beneficiaries to inform the agency on overpayments or changes in member status. This helps the agency to adjust the benefits ahead of time to avoid future legal problems. Failure to abide with SSA’s policy on overpayment may result to legal consequences such as restitution and imprisonment.

For more information on overpayment, you may consult with a Social Security lawyer
in Los Angeles. Your attorney will help you undergo the legal process. Dial 1-866-772-2889 or email us at ssla@mesriani.com for a free case analysis.

Congressional Budget Cut Forces SSA Offices to Close Earlier

2011-08-18T15:47:00.000-07:00

Congressional budget minus $1 billion equals 30 minutes – is not an algebraic equation, it is the effect of budget cut to Social Security Administration (SSA).

On August 15, SSA field offices nationwide begun to close to the public 30 minutes early each day. According to news reports, Social Security Commissioner Michael J. Astrue said the US Congress provided SSA with almost $1 billion less than what President Barrack Obama requested for agency’s budget for the fiscal year.

According to the Administration’s press release, the deduction on the budget for the agency makes it impossible for them to provide the amount of overtime required to manage services to the public.

SSA advises people that they can still avail of the services of the agency through its website: www.socialsecurity.gov. Anyone who plans to request for Social Security benefits, such as disability benefits, retirement benefits, or survivors benefits, may opt to apply via online.
Practically, 30 minutes less is better than reducing the benefits of the citizens. Whether the Congressional budget cut is a result of political or economic decision, the legal rights of the public should not be compromised. The executive and legislative departments of the government should safeguard the interest of the public especially when it comes to Social Security benefits.

To know more on Social Security benefits, you may consult with a lawyer in California. Dial 1-866-772-2889 or email us at ssla@mesriani.com for a free case analysis.

SOCIAL SECURITY LAW: Rep. Doris Matsui to Grace Social Security 75th Anniversary in Sacramento

2011-08-12T19:30:00.000-07:00

Social Security will reach its 75th year of assisting the elderly, the young orphans, and the disabled on Sunday. To commemorate such significant mark in the history of US, government officials take part in gracing various senior center events. An upcoming ceremony will be conducted in Hart Senior Center in Sacramento, reports said.

According to reports, Representative Doris Matsui will grace the event on Friday along with the officials from the Social Security Administration, California Alliance for Retired Americans, and the Gray Panthers. The speakers will also discuss new developments in Social Security for the next two years.

The Hart Senior Center will give free cakes and coffee to the public, reports said.

In a way, Social Security has reached a milestone in providing assistance to needy citizens with its continuous benefit programs. Recently, the Social Security has survived the threat of fiscal default, and has assured beneficiaries of prompt payments. Federal officials have also affirmed their commitment to prioritize the disabled, retirees, and children of deceased workers.

However, such landmark on caring for the poor may not be impressive for the next couple of months: The Social Security Administration (SSA) may find itself competing for funds amidst the fiscal crisis. Beneficiaries may content themselves on investing the monthly allowances to secure future medical needs. These can mean tight austerity measures as well as creating other sources of income.

The future of Social Security may sound victorious on its 75th anniversary, but after the cheers have been said; reality will sink back and show how defeated the US is. With the clear indications of stock losses and investment decline, it is about time that federal officials realize the AA+ status of US.

Cheers for good health. That is all for this week’s celebration of Social Security’s diamond anniversary.

For more information on Social Security benefits, you may consult with a lawyer in California. Dial 1-866-772-2889 or email us at ssla@mesriani.com for a free case analysis.

SSA Benefits to be Paid on Time Despite Economic Hardship

2011-08-11T00:18:00.000-07:00

When the credit rating of the United States was downgraded from AAA to AA+, many Social Security beneficiaries become anxious that their benefits would be affected. However, despite the fact that the country is facing an economic storm, the SS benefits would not be affected.

According to the press statement of Social Security Administration (SSA), beneficiaries should not worry about their checks and electronic payment because they would be issued on time. The agency has assured the people that allowances for disabled employees, retirees, survivors, and other SS benefit recipients will be released timely.

SSA has announced that the payments and checks for August 10th, 17th, and 24th will be released as scheduled.

Currently there are at least 155 million American workers who pay their Social Security taxes and about 54 million people who benefit from SSA’s insurance programs.

SSA benefit programs are the safety net of many retired and disabled Americans, and getting their payment on time would provide a lot of help to them. The economic struggle of the U.S. should not obstruct the rights of the people to receive their benefits from SSA. Applicants for any of SSA’s benefit program are suggested to consult with an expert lawyer to properly assess the case.

For more information on Social Security benefits, you may consult with a lawyer in Los Angeles. Your attorney will assist you throughout the legal process. You may contact our toll fee number at 1-866-772-2889 or email us at ssla@mesriani.com for a free case analysis.

New Policy Prohibits Two SSD Applications at the Same Time

2011-08-04T00:30:00.000-07:00

People with disability are already facing problems due to their medical condition; unfortunately, their difficulties do not stop there. A new policy of the Social Security Administration (SSA) will cause more ailments for disabled people, not physically but financially.

On July 28, 2011, the National Organization of Social Security Claimants Representatives (NOSSCR) released a press statement regarding the details of a new policy of SSA. The new policy is a bad news for disabled people who are claiming for disability benefits.

According to the Social Security Ruling (SSR) 11-1p, an individual whose claim for Social Security Disability Insurance (SSDI) benefits has been rejected cannot file for a new claim while the denied claimed is being appealed. SSR 11-1p prohibits SSA from receiving new claim while the old one’s appeal is pending.

SSA’s policy interpretation stated that if that an individual wants to file a new disability claim of the same title and type as the pending one, he or she will have to decide what step to consider. An applicant may choose between these two choices:

• The applicant may pursue his or her administrative review rights on the pending SSDI benefits claim
• He or she may opt to decline further administrative review and file a new application

The new policy may cause certain inconvenience and confusion for disabled people applying for Social Security disability benefits claim especially those with denied application.

For more information on Social Security disability benefits, you may consult with a Los Angeles attorney. Your lawyer will assist you throughout the legal process. You may contact our toll fee number at 1-866-2889 or email us at ssla@mesriani.com for a free case analysis.

Seniors and Healthcare Workers Contests Social Security Cuts

2011-08-01T22:37:00.000-07:00

US seniors panic like stock investors.

Social Security Beneficiaries are also cramming to salvage remaining hopes on federal finances. Like the businessmen who want to retrieve their hard-earned money, these seniors made last-minute talks to federal personalities.

On Monday, healthcare workers have joined seniors on marching in front of US Representative Jason Altmire's office to protest against Social Security cuts, according to reports.

Reports said the rallyists lined in front of the legislator's office in Aliquippa and demanded repeal on the slashed Social Security budget. They also raised issues on the probable SS check delay on August.

The protesters aired concerns on the effect of SS cuts and check delays among retired and disabled members who rely mostly on the benefit for living allowance. They reiterated that suspending the benefits on August will push the beneficiaries to poverty.

However, the President's Chief of Staff William Daley reassured seniors on July 26 that the Treasury Department has made an emergency plan for meeting the SS August payables. He affirmed that Social Security beneficiaries can expect to receive their monthly allowances next month regardless of the default threat result.

For sure, the SS members can cling on to federal support until August. However, a probable default or fiscal trouble can cause changes to the direction of Social Security Administration (SSA). Beneficiaries will then be left with little assurance on steady support. The SSA may reduce the benefits or deny further claims.

For more information on Social Security benefits, you may consult with a lawyer in Los Angeles. Your attorney will help you go through the legal process. Dial 1-866-772-2889 or email us at ssla@mesriani.com for a free case analysis.

55,460 Employers Enroll in E-Verify System

2011-07-25T22:46:00.000-07:00

The E-Verify system will soon take over employment screening in the United States.

As of June 22, at least 271,460 employers have enrolled in the E-Verify system compared to 216,000 in 2010. Both the Department of Homeland Security (DHS) and Social Security Administration (SSA) are expecting to add about 1,300 more employers in the upcoming months.

The federal agencies boasted about the 11 million records that have been screened by the E-Verify System in fiscal 2011. The scanned documents will help trace 11 million illegal immigrants who are working or are looking for jobs in the country.

Critics contested that the E-Verify system may contain errors that can affect newly hired individuals. They claimed that the system should be improved to prevent unfair employment decisions. However, state legislators affirmed the system’s efficiency in screening foreign workers.

The increasing support on E-Verify has been linked to its legislation in various states including Louisiana, Alabama, Georgia, Utah, and South Carolina.

The E-Verify system is expected to gain support from other states such as California, San Francisco, and New York in the next two years. These three states employ some of the 70 percent of illegal immigrants in the country.

The two federal agencies aim to implement the system throughout the country to enable a faster screening among laborers compared to the 1-9 work authorization system.

The system only requires employers to type the employee's date of birth, social security number, or visa number on the search tab to view government databases. The system then returns a tentative non-confirmation (TNC) or authorization notice.

If the employee receives the TNC notice, he or she has eight days to fix the discrepancy on his or her documents. If the employee fails to submit legal papers, the employer is required to terminate the employment contract.

For more information on Social Security system, you may consult with a lawyer in Los Angeles. Your attorney will help you process your legal employment documents. Dial our toll free number at 1-866-772-2889 or email us at ssla@mesriani.com for a free case analysis.

Mexican Man Guilty on Identity Theft Violation

2011-07-18T23:26:00.000-07:00

Another Mexican immigrant was sentenced to 15 months in prison after pleading guilty to Identity theft charges.

According to reports, the US District Court in Bangor ordered Cesar Benitez-Salazar to serve a year and 3 months of jail time after four months of litigating his Social Security fraud case.

The 26-year-old Mexican entered the United States by presenting a stolen Social Security ID and other tampered documents. He assumed the identity of Islander Birriel-Lopez to conduct transactions and travel within US territory, reports said.

Reports said a store clerk notified police officers of the dubious appearance of Salazar. She described how the Mexican man attempted to buy alcohol and drove an unlicensed car along Northport town. Salazar then led the police into a chase until his vehicle caught fire.

Bangor officials arrested Salazar in November 2010. He pleaded guilty of Identity theft, Driving under the Influence, and other criminal charges on March 28, 2011.

Salazar is one of the numerous undocumented immigrants that police officers have arrested recently. Authorities have ordered penalties among foreigners who use stolen or fake Social Security numbers in entering US territory.

To resolve the rising number of Identity theft cases, the Social Security Administration (SSA) has partnered with Department of Homeland Security (DHS) in implementing E-Verify system. This new technology can trace discrepancy on submitted documents, using the database from two agencies.

When a person fails to provide legal immigration papers or a valid Social Security identification, the authorities can impose fines, jail time, and deportation.

For more information on Social Security law, you may consult with a lawyer in Los Angeles. Your attorney may help you process legal documents to validate your employment in United States. Dial our toll free number at 1-866-772-2889 or email us at ssla@mesriani.com for a free case analysis.

Male Mexican Guilty on Identity Theft Violation

2011-07-15T23:45:00.000-07:00

Another Mexican immigrant was sentenced to 15 months in prison after pleading guilty to Identity theft charges.

According to reports, the US District Court in Bangor ordered Cesar Benitez-Salazar to serve a year and 3 months sentence after four months of litigating his Social Security fraud case.

The 26-year-old Mexican entered the United States by presenting a stolen Social Security ID and other tampered documents. He assumed the identity of Islander Birriel-Lopez to conduct transactions and travel within US territory, reports said.

Reports said a store clerk notified police officers of the dubious appearance of Salazar. She described how the Mexican man attempted to buy alcohol and drove an unlicensed car along Northport town. Salazar then led the police into a chase until his vehicle caught fire.

Bangor officials arrested Salazar in November 2010. He pleaded guilty of Identity theft, Driving under Influence, and other criminal charges on March 28, 2011.

Salazar is one of the numerous undocumented immigrants that police officers have arrested recently. Authorities have ordered stiff penalties to foreigners who use stolen or fake Social Security numbers when entering US territory.

To resolve the rising number of Identity theft cases, the Social Security Administration (SSA) has partnered with Department of Homeland Security (DHS) in implementing E-Verify system. This new technology can trace discrepancy on submitted documents, using the database from two agencies.

When a person fails to provide legal immigration papers or a valid Social Security identification, the authorities can impose fines, jail time, and deportation.

For more information on Social Security law, you may consult with a lawyer in Los Angeles. Your attorney may help you process legal documents to validate your employment in United States. Dial our toll free number at 1-866-772-2889 or email us at ssla@mesriani.com for a free case analysis.

Allegheny County to Require E-Verify System

2011-07-11T23:42:00.000-07:00

Next to South Carolina County to legalize E-Verify System use is the Allegheny County.

On Tuesday, the Allegheny County Council has agreed to require the use of E-Verify system among companies to detect undocumented workers, reports said.

Reports said the county has legalized the use of E-Verify in screening illegal immigrants. The state officials will mandate employers to assess new hires within three days. Failure to comply with the regulation may lead to suspension of business license.

The US Department of Homeland Security and the Social Security Administration created the E-Verify system to prevent illegal aliens from obtaining employment in US, using fake social security documents, reports said.

E-Verify will require employers and job applicants to fill out the employment eligibility verification form (I-9) and submit it to the free online program. If results show that a worker is ineligible to work in the US, the employer may give him or her time to fix the discrepancy.

The county officials commented that the use of E-Verify system among companies will ensure that legal workers get priority application and that social security benefits will be given to them. The government then can facilitate better revenue collection system.

Sounds like the South Carolina County and the Allegheny County have their good reasons for implementing the E-Verify system. The program will help legal workers get the job and obtain government benefits. More so, the tax dollars will surely goes to the state and the US Treasury.

Nevertheless, the new regulation will cause difficulty for workers who have incomplete employment papers. The grace period may not also be enough to fix the inconsistencies on the social security documents.

Looking at both ends, the new state immigration law poses new challenges for the US workforce-- all for the sake of surviving the economic crisis.

For more information on social security law, you may consult with a lawyer in Los Angeles to help you. Dial our toll free number at 1-866-772-2889, or email us at ssla@mesriani.com for a free case analysis.

Ex-LA Social Security Worker to Face 4 years of Jail Time for Identity Theft

2011-07-02T00:43:00.000-07:00

Easy money.

This is how a former employee of Department of Social Services in Los Angeles would say of the $1.2 million-federal tax refunds he collected from Internal Revenue Services (IRS) using false Social Security numbers.

According to reports, Trang Van Dinh was sentenced to fours years of imprisonment for Identity theft and filing of false claims violations.

The LA District Court rendered the decision after four months of deliberation on Dinh's admission of the charges, reports said.

Dinh was able to retrieve the Social Security files of qualified members while working as eligibility staff for the agency. He used the information to assume the identity of 197 people and file federal tax returns. He then sought $2.2 million refunds from IRS, and the agency released $1.2 million.

To Dinh’s dismay, the Social Security Administration has recently implemented series of investigation on fraudulent claims. This million-dollar-refund case has caught the attention of austere Los Angeles officials and pursued him in court. Should the US have not experienced fiscal crisis, Dinh and other violators may have stolen more undetected.

LA residents could have been hoping that the recently-resolved identity theft case may at least restore SS benefits to qualified members. A $1.2 million additional fund for SS can go a long way on helping disabled, retired, and laid off workers.

For more information on Social Security benefits, you may consult with a lawyer in Los Angeles. Your attorney will help you assert your rights. Dial our toll free number at 1-866-772-2889, or email us at ssla@mesriani.com for a free case analysis.

Commerce Minister Anand Sharma Negotiates SS Tax Exemption for Indian IT Pros

2011-06-25T00:12:00.000-07:00

Why pay for benefits you have never received?

This is the tone behind India Commerce and Industry Minister Anand Sharma's speech at the US-India Trade Policy Forum on Thursday in Washington.

Sharma has laid his Bilateral Totalisation Agreement (BTA) proposal to exempt Indian IT professionals from Social Security taxes to alleviate the cost of visa fee increase last year. According to reports, he convened with US Chief of Staff William Daley to clarify US' intentions on pursuing the trade policy.

Reports said the India minister commented that the IT specialists are working in the US for few months. The India government pays more than $1 billion each year for their US Social Security taxes, but the workers does not receive any benefits. US have also required India to pay additional visa fees since last year to fund US-Mexico border security.

Sharma has negotiated to exempt the Indian professionals from SS taxes and include such condition on the BTA. He also campaigned for less stringent immigration policies to reduce discrimination tensions among US-Indian workers, reports said.

Furthermore, Sharma affirmed that once the BTA is signed, the $60 billion profits from IT offshoring businesses would continue to increase.

The $60 billion profits looks attractive as well as beneficial for US businessmen. The BTA proposal to the Obama administration may go well unless the US legislators push through with the tight immigration policies.

Even if US Officials reject India’s conditions, the IT industry between the two countries would still look brighter in the years to come.

For more information on Social Security taxes, you may consult with a lawyer in Los Angeles. Dial our toll free number at 1-866-772-2889, or email us at ssla@mesriani.com in order for us to assess your situation.

Couple Admits Social Security Fraud, Denies 99 Criminal Counts

2011-06-15T23:52:00.000-07:00

A couple pleaded guilty to Social Security fraud before a federal court on Monday.

Paula Luna Alvarez and Carlos del Carmen admitted failure to report and correct known Social Security discrepancies among the records of their employees. Federal Judge Ronald Whyte sentenced the couple to five years of probation.

The prosecutors commented that theSocial Security fraud is just one of the 100 criminal counts filed against the couple three years ago. Alvarez and del Carmen were charged with human trafficking, money laundering, and wire fraud.

In addition, the couple was said to be the owner of El Naranjo and El Mezquite Taqueria restaurants, which recruited undocumented Mexicans for employment.

However, the couple's defense lawyers commented that the federal judge found no sufficient evidence for the 99 allegations and dropped them. Also, the couple was only facing liability for the employees’ supplication of false SS numbers.

E-Verify appear to be a possible way of tracking different violations. With its use, the government can detect employers who are allowing employees to tamper their Social Security identification. In addition, it can also help in locating employees who have no legal papers.

However, when bulk of illegal workers were arrested and detained/deported, the government will likely face hostile reaction from neighboring countries. This can be the next problem that the Obama administration will have to deal with. So far, the series of investigations on undocumented employees are bringing positive hope among legal US job applicants.

For more information on Social Security lawsuits, you may consult a lawyer in Los Angeles. You may dial our toll free number at 1-866-772-2889, or email us at ssla@mesriani.com for free case analysis.

Bakersfield Woman Faces 10 years of Imprisonment for SS Fraud

2011-06-15T00:19:00.000-07:00

A relative of a Social Security retirement beneficiary pleaded guilty to fraud before US District Judge Lawrence Neill on Thursday.

Nancy Ann Keenan, 56, admitted that she failed to report her great-aunt's death on July 6, 2003. The Social Security Administration (SSA) continued to send monthly checks from July 2003 to July 2010 and Keenan used the deceased's retirement benefits for her personal expenses, reports said.

According to SSA investigation reports, Keenan had collected more than $70,000 from the agency and had also signed checks from her great-aunt's bank account.

Keenan faces a maximum of 10 years imprisonment and $250,000 fine.

Failure to report your loved one’s death to SSA and using the benefits of the deceased for personal expenses is considered fraud. The agency can impose grave penalties and demand repayment if the accused is proven guilty.

If SSA discovers that you cannot repay the amount, it can collect the damages from your other family members’ Social Security benefits. This means your violation of SSA policies can affect your family members’ benefits.

If your relative has no legal dependents and you are his or her next of kin, you may consult a Social Security lawyer who can help you process legal documents that may qualify you as a beneficiary. You do not have to commit fraud just to receive living allowances. Also, it is better to report Social Security account changes immediately to avoid any legal consequences.

For more information on Social Security retirement benefits, dial our toll free number at 1-866-772-2889, or email us at ssla@mesriani.com for free case analysis.

Republicans to Reduce 70 Percent of Social Security Benefits

2011-05-30T23:31:00.000-07:00

At least 24 Republicans wrote to Obama demanding his administration to make 70 percent cut on Social Security Benefits and other expenses to meet August 2 default deadline.

The GOP legislators stated that Obama administration must draft plans to reduce Social Security, military, and other spending to prevent default on Giethner's August 2 deadline. They proposed reducing SS retirement and Medicare benefits by 70 percent. Also, the government must consider reduction on military operation expenses. If Obama pleads "No" to these suggestions, he can just raise taxes to meet credit obligations.

These are the Republicans’ proposed solution to the debt limit crisis. The GOP legislators wrote these suggestions in response to the Congressional Research Service (CRS) briefing.

The Republicans also commented that Obama's proposed 2012 budget must meet the $2.6 trillion allocation. This amount is the projected revenue of United States by 2012; hence, spending must fall at or below such limit. If done so, the United States doesn't have to borrow money from other countries just to pay bills.

Moreover, the Republicans stated that the $2.6 trillion limit is enough to pay debt interest, provide basic Social Security benefits, and meet necessities. Should the Obama administration continue with its high spending habits, United States can no longer sustain its economy. A dive into recession can be expected after 2012.

As you can see, it's a do or die on August 2. It's either President Barack Obama will take immediate fiscal action or insist impractical reforms. Whether the Republicans are correct in their suggestions, it's clear that the legislators and the administration need to devise an effective solution to rising fiscal debt.

Perhaps the Republicans will agree that military spending and Social Security needs a little sacrifice to help the US economy survive the recession.

For more information on Social Security benefit claims, you may consult a SS lawyer in Los Angeles. You may dial our toll free number at 1-866-772-2889, or email us at info@mesriani.com for free case analysis.

Republican Senators Nullifies Geithner's Debt Default Warning

2011-05-28T00:24:00.000-07:00

At least 17 Republican Senators have contested Treasury Secretary Geithner's debt default warning on Thursday in a letter to explaining that the federal government can still meet its financial obligations even though the debt limit is not raised.

Jim DeMint, banking panel member, reiterated that the United States can still pay the debt interest to creditors as long as the administration agree to cut spending. He asserted that Geithner's warning caused unhealthy effect among investors as well as foreign businessmen.

Pennsylvania Senator Pat Toomey clarified that the United States Treasury may encounter disruptions, but the nation’s economy would not collapse, contrary to what Geithner has stated.

The Republicans expressed disapproval in raising the legal debt limit. The group argued that any raise in the $14.3 trillion cap should be coupled with real spending cuts from the administration. In the meantime, the US Treasury can focus on paying debt interest and reduce US expenses.

The Treasury Department responded that the government's failure to pay huge debts can cause drastic effect on economy, and may compel creditors to raise borrowing costs significantly. In turn, investors may lose confidence in the US' capacity to handle its financial responsibilities. The debt limit was already reached on May 16, and is expected to drain Social Security retirement fund.

The US Treasury has been using SS pension funds to pay the nation's bills. Soon, it will run out and may compel the government to declare default. This means the United States can no longer pay Social Security benefits to retirees and meet its credit obligations. Such economic situation may push United States into deep recession and affect the international market.

Whether the Republicans or the Treasury Department officials are right, it is clear that the United States has to come up with solid measures to resolve its fiscal problems. Should Congress and the administration fail to agree on economic solution before August this year, a default is bound to happen.

If you are one of the retirees who are hoping for financial assistance, better search for alternative income as the government is by itself helpless. The hope may be bleak for a 60-year-old, but it is even darker for a struggling government.

For more information, you may consult with a Social Security lawyer in Los Angeles. You may dial our toll free number at 1-866-772-2889, or email us at eas@mesriani.com for free case analysis.

Will Social Security Beneficiaries still Receive Pay Checks

2011-05-20T22:45:00.000-07:00

After Treasury Secretary Timothy Geithner has announced that the US legal debt limit had hit of $14.3 trillion on Monday, beneficiaries of Social Security insurance can expect delay on pay checks.

The Social Security Administration (SSA) expects to encounter difficulty in meeting obligations to pay monthly allowance to beneficiaries. The SS retirement and Medicare program have reached huge budget deficit this May.

According to Geithner's report, should Congress fail to raise the US debt limit by Monday, the Social Security Administration can no longer borrow money to meet its obligations. This can result to delayed payments on benefits and approval of disability claims. Needless to say, it marks the downfall of U.S. Social Security.

Moreover, Geithner stated that Social Security's retirement fund will be exhausted by 2036, and the Medicare trust fund by 2024. The warning is more of an ultimatum on Congress inaction to resolve the fiscal deficit.

Legislators have only three days left to cast their solutions on the deteriorating economy. It will be just a couple of more hours left to say that Social Security can no longer sustain its programs. It is just minutes away from the reality of vague hope for US economic recovery.

Will Social Security beneficiaries still receive pay checks?

Perhaps, until all the money from the Social Security fund is exhausted. It's like last supper at the dusk of the US troubled economy.

For more information on Social Security retirement claims, you can consult with a lawyer in Los Angeles to help you. You may dial 1-866-772-2889 toll free, or email at info@mesriani.com for free case analysis.

Social Security Law: US Congress Undecided on Raising Debt Limit

2011-05-19T23:58:00.000-07:00

The clock is ticking and will soon strike deadline, yet the US Congress has remained undecided on raising the debt limit.

A few days ago, US Treasury Secretary Timothy Geithner has announced a probable default on paying creditors should Congress fail to raise US legal debt limit. Geithner warned legislators to act on or before August 2 to resolve credit dues. However up until now, Congress has remained indecisive on how to address the fiscal mishap.

Geithner have set in motion measures to give Congress more time to adjust the debt limit. He presented proposals on how to secure payments for retirees and creditors. The adjustment on debt limit is expected to allow Social Security Administration to provide basic health care and allowance without neglecting paying credit dues.

The $14.3 trillion debt is expected to surge by $2 trillion more in 2012. The 11-week reform deadline aims to prevent a default and exhaustion of Medicare Trust Fund. Also, the adjustment seeks to halt an impending exhaustion of Social Security fund reserves by 2036.

Geithner reported $49 billion as Social Security's spending for 2010. It hit the highest record since 1983. He informed Congress that Social Security can only pay disability benefits until 2018. He explained that current long-run SS programs are no longer sustainable. He reiterated on the necessity of legislative modification to regain income and control spending.

The current buzz on Social Security bankruptcy has sparked bad remarks from Social Security claimants. Critics commented that Social Security should manage to provide cost-effective health care without compromising credit obligations.
Should Congress remain indecisive on raising the US debt limit and fail to meet Geithner’s deadline, the economy will further collapse and end Social Security benefits.

Seems like a do or die option for legislators, but as majority has known it— the country is at the brink of economic catastrophe. Expect the worse, hope for a reform.

To learn more on Social Security claim, you may call Mesriani Law Group number at 1-866-772-2889 toll free. You may also send an email at info@mesriani.com for free case analysis.

What's in Store for U.S. Social Security Fund

2011-05-18T00:45:00.000-07:00

The U.S. Treasury Secretary Timothy Geithner announced on Monday that the nation has reached its legal debt limit, causing a potential default on paying creditors and further cuts on Social Security fund.

Geithner presented his report before Congress on the nation's $14.3 trillion debt. He argued that the Obama administration must raise debt ceiling by August 2 to resolve credit dues. Should the Administration fail to do so, the credit will be defaulted.

The United States' impending bankruptcy can trigger global investors to bail out and hamper other businessmen from resuming commerce.

Geithner suggested that Obama administration raise the debt ceiling and cut expenses within the 11-week deadline. He presented a further increase of $2 trillion by year 2012.

House Speaker John Boehner affirmed the Republicans’ support for the budget reform. He added that the Administration must find its way to reduce government spending.

Democrats warned of prolonged delay on Social Security benefits as the government plans to borrow from its fund.

Critics argued the Obama's administration need to choose between paying creditors and sustaining Social Security benefits. Should the government fail to decide on which is the priority, the economy will collapse in three months.

What's in store for U.S. Social Security fund if the government borrows from it? It will result to reduced monetary benefits and denied claims until the government finds a way to restore its funds. What can be expected from Social Security? There will be limited access to health care, but new opportunities for citizens to pay SS taxes.

Should you encounter difficulty in processing your Social Security disability claims, you can consult with a lawyer in Los Angeles to help you with your claim.

Receiving your hard-earned benefits should not be that painful as your medical condition. You may call Mesriani Law Group number at 1-866-772-2889 toll free. You may also send an email at info@mesriani.com for free case analysis.

Social Security Goes Electronic on Paying Benefits

2011-05-10T21:47:00.000-07:00

Starting May 1, receiving your Social Security benefits through Electronic payment method will no longer be a question, but a mandate.

Say goodbye to checks as the Social Security Administration (SSA) has required all SS beneficiaries to enroll in an electronic account for their disability, supplemental income, survivors', or retirement monthly allowances.

The SSA has started sending notices to SS beneficiaries on how they can enroll into the Electronic payment system. In the letter, SSA explains the process for registering their account online. Also, SSA gives alternative enrollment methods suppose beneficiaries do not have access to internet. These include direct deposit or direct express scheme.

Beneficiaries who prefer direct deposit can request for a Direct Express Debit MasterCard card or a prepaid debit card. They can receive their money right on their account without the need to wait for SS mail. The SSA affirms card holders that their money is attached on the account, not on the card per se. This gives further protection in case the card is stolen or missing. When this happens, beneficiaries can easily ask for a replacement card to recover their money.

However, senior citizens or retirees who have difficulty accessing electronic or online terminals can still visit a service center to retrieve their monthly allowances.

The new E-system aims to cut $1 billion from SSA expense over the next ten years. It promises a speedier payment scheme, a more accurate account statement, and safer money transfer. On top of everything, SSA seeks to upgrade the technology that it uses to monitor and aid citizens.

Sounds like SSA realizes its need for E- fine tuning. Well, it's a good start to show support on government's campaign on austerity and accuracy.

California Employees: Everything You Need To Know About Your Pay

2011-04-26T23:59:00.000-07:00

Social Security to Get Rid of Paper Checks to Save $1 Billion
The countdown begins for those who are receiving Social Security benefits by means of paper checks after the U.S. Treasury Department has announced its implementation of electronic payments in sending benefits after Sunday. The federal government foresees a $1billion savings for the next 10 years by shifting to electronic payments.

However, those 11 million beneficiaries who are currently receiving federal benefits such as retirement benefits, disability benefits and supplemental security income, among others, will still continue to receive paper checks until March 1, 2013.

U.S. Treasurer Rosie Rios said that issuing payment checks costs 92 cents more than direct bank deposits. “It is the right thing to do for benefit recipients and American taxpayers alike,” she further said.

Along with this, the Social Security Administration has ceased on sending annual Social Security statements to cut off budget spending.
The Treasury Department also explained that paying beneficiaries electronically is more convenient for them. It is also proven to be safer than sending paper checks, avoiding lost or stolen benefits.

Now, recipients must have their personal accounts in banks or in other financial institutions capable of receiving direct deposits to receive their benefits.
This government program is just one of those plans to cut off federal spending and save Social Security from shutting down. The implementation of electronic payments is a great help to save money and resources.

Electronic payment can be a safer and more convenient means to pay benefits. Yet, the federal agencies must ensure that all safety issues have been resolved to avoid Social Security fraud and identity theft before implementing this program nationwide. If not, it is better to halt the plan and consider going back to paper checks.

Obama Supports Social Security Income Cap Increase

2011-04-19T21:58:00.000-07:00

For years now, the government has been presenting a lot of proposals to alleviate the budget deficit. What’s sad about this, some plans tackle some considerations that will affect Social Security like altering retirement age, decreasing disability benefit amounts and even increasing income cap. However, it is unclear if these proposals can definitely help ease our budget deficit.

Last Tuesday, President Barack Obama expressed his support on the proposal to raise income cap on Social Security to strengthen fiscal budget for retirees. Yet, Obama’s advisers still has to determine how much would be the increase not to result much burden to the working population. Last year, a recommendation increasing the cap to $107,000 but the chief executive rejected it.

On his statement, Obama said that Social Security may not have contributed to the budget deficit but it may not be able to provide full benefits for retiring workers in the next few decades if no actions will be implemented to stabilize its finances immediately. A bit of adjustment to Social Security cap would bring significant amount to reinforce the program, Obama reiterated.

This year, Social Security will spend more in paying benefits than it will collect taxes. Experts believe that the program might have to borrow funds from the federal reserves by the year 2015 and if the government failed to come up with better solution, no funds will be available to pay benefits by the year 2037.

It is very critical for the government to resolve the budget crisis before our economy completely collapse. Nonetheless, it may also be important to consider sparing Social Security or at least implement programs that will not be too harsh for the members.

Workers must still be able to receive suitable disability benefits, retirement benefits and other support programs that they deserve even after budget measures have been implemented. Else, abolish Social Security and let private institutions handle the job.

How to Speed up Your Application for Disability Benefits

2011-04-17T17:17:00.000-07:00

Incurring a disability limits a person’s ability to work and, therefore, earn income for his needs. So, disabled persons avail of the disability benefits to support themselves as managed by the Social Security Administration.

The agency handles around 3 million claims each year. Because of this, the process of determining your ability to work, disability, and eligibility can take months which delays the much-needed benefits for one’s food, shelter, and clothing.

To hasten your claims for insurance benefits, here are things you can do:

• Gather as much medical evidence as you can to prove your disabling medical condition. This way, the agency won’t have problems in locating your medical records and determining that you are disabled

• Sign a consent indicating that you are allowing the agency to retrieve information about your condition and work history so that it will be easier for them to verify the data you’ve provided

• Attach only the copies of original medical records and other documents as these things have a way of getting lost while your claim is being processed. By doing so, you can readily present copies of them in case the agency losses the one you send them.

• Indicate the names, addresses, and contact information of your doctor, medical and treatment facilities, as well as your former employers so that the agency can reach them immediately to confirm the information you’ve given them

It is always best to be prepared when filing claims for disability benefits so have these things in order.

Go to www.socialsecurity.gov/disability to know more on how you can easily apply online for disability benefits.

Celebrities Encouraging Americans to Visit SSA Website

2011-04-07T20:54:00.000-07:00

SSA has found a new way how to urge people to use their services – by going online. And what is better way to do this? Use a celebrity as endorser.

George Takei and Patty Duke can be seen in at least eight commercials that encourage Americans to “Boldly Go” to the Social Security Administration’s website to know more about disability benefits, retirement benefits, Medicare, and other services and programs sponsored by the agency.

The two icons are joining forces to promote www.socialsecurity.gov where people can easily and safely interact with personnel regarding their benefits and Medicare.

In one of the commercials, the two are talking about how easy and convenient it is to file social security benefits online.

Commissioner Michael J. Astrue, on the other hand, commends the efforts of the two celebrities in promoting the “top-rated online services in the U.S” and the ease of applying online for their retirement benefits.

Aside from this, SSA’s website also has forms and instructions that are downloadable to help claimants of benefits apply for the financial aid that the agency offers. All they have to do is “Boldly Go” to www.socialsecurity.gov to learn more about the online services that they can use.

2012 Budget Proposal to Overhaul Medicare and Medicaid

2011-04-05T22:38:00.000-07:00

The U.S. Congress has already released their 2012 budget proposal that would reduce more than $6 trillion in federal spending and streamline funds allocated for two major health care programs, Medicare and Medicaid.

The plan will spare Social Security that provides disability benefits. Under the proposal, the government will implement restructure on Medicare starting 2022 that includes discontinuing direct benefits payment for covered senior citizens. Their benefits will just come from their chosen private insurance companies subsidized by the government.

However, Americans aged 55 or older will not be covered by the proposal.
The White House expressed their arguments on Ryan’s proposal. On their statement, they implied that the plan will impose greater burden for the elders who rely mainly on Medicare, struggling families taking care of a disabled child, workers who have lost their health care coverage and poor students who rely on the program’s educational grants.

Although Congressman Paul Ryan’s initiative to give a fair and realistic resolution to our financial crisis is a good idea for some Americans, I agree with the critics. Instead of implementing financial cuts on government programs that help the elderly and poor Americans, why not find some other means?

The government may impose added taxes to those who can afford to pay more or just implement higher budget cuts on other programs that will not directly affect the poor.

Rejected Disability Claims

2011-03-31T21:57:00.000-07:00

After the initial claim for benefits has been rejected, people with disability should pursue their claims for their much-needed help by filing an appeal.

The Social Security Administration is responsible for providing disability benefits under the Supplemental Security Income and the Social Security Disability Insurance.

If your claim for disability benefits under any of these programs has been rejected, they will send you a letter explaining briefly why the claim was denied and what you can do to appeal it.

You should appeal your case within 60 days together with other proofs of your eligibility for the disability benefits.

In the reconsideration stage, your claims, as well as other evidence, will be reviewed by a person who wasn’t involved in the initial determination of your eligibility.

If your case is still denied in the reconsideration case, then, you can ask for an Administrative Law Judge to review your case.

An ALJ will set when and where these hearings will be conducted and if he finds that you are not eligible for disability benefits, you can ask the social security appeals council to review it and to see if the ALJ has made any technical and substantive errors.

Once the appeals council finds any flaw in the ALJ’s decision, he can either bring the case back to another ALJ or determine your eligibility.

If there’s no flaw in the ALJ’s decision making, then the appeals council will uphold his decision and your last resort is to bring your case to the federal court.

Here, you should expect to go against experts from the agency. So, it is best to have a lawyer coach you throughout the process.

Increasing Life Expectancy Affects Social Security

2011-03-29T23:25:00.000-07:00

Since the Social Security Program started way back in 1936,life expectancy has gradually increased, from 50 years old to above 80 for men and 57 years to 85 for women. Hence, the government has nothing to do but to raise retirement age from 65 to 67.

Another issue that may affect Social Security is lower mortality among infants. Yet, Social Security confirmed that the case is completely irrelevant. They just consider these people did not exist at all.

For an instance, if an individual dies at the age of 4, he/she will not be able to collect benefits rather he/she will not be able to pay payroll taxes.

Lower mortality rates may be attributed to those medical and technological advances. Infants and children would have less chances of dying because scientists were able to formulate the cure for these common diseases.

One thing that also helps in stabilizing Social Security is lower teen mortality. As we all know, most Americans start working and paying Social Security taxes at this age. Having safer and more efficient automobiles to prevent fatal accidents is the main reason for this.

Raising the age of retirement, I guess, favors the middle class and the wealthy people. The poor and the working class will definitely be affected by this act. Since the majority of the poor are inclined to work under tougher conditions, they tend to die earlier than those doing office works.

Social Security, as our economy, is dealing with financial crisis. Hence, the government must examine all the possible strategies to resolve the problems they are facing. It will definitely be unfair to keep on raising the retirement age and preventing our workers from acquiring their benefits earlier.

If you need to file your Retirement benefits and Social Security disability benefits, it is advisable to seek assistance from a qualified Social Security lawyer.

SSDI: Increasing the Chances of Approval

2011-03-25T18:16:00.000-07:00

Workers pay social security taxes for many reasons - to prepare for their retirement, as insurance coverage when they meet an accident or when they become disable and unable to work and earn income.

Aside from this, one of the reasons why they pay social security taxes is because certain family members who are disabled will also be eligible for the said benefits.

Unfortunately, not all of these applications for benefits are approved on initial filing, which delay the much-needed benefits of a person whose ability to earn income has been taken away.

To help them, here are some tips to ease the application/appeals process:

• Submit necessary documents (i.e. work history, proof of payment of taxes, medical charts and diagnosis) to prove your eligibility. Remember to submit only copies of these documents as they can get lost as your appeals/application id being processed.

• Cooperate with the personnel handling your case by immediately responding to their requests and queries. Also, it will help a lot if you let them contact your doctor and other people who can verify your disability.

• Maintain a good relationship with your doctor as he may be contacted by the agency to verify your condition and your inability to work. Your physician’s assessment of your condition matters so treat them well.

• Follow-up on your case every once in a while.

The process of filing an appeal often takes a lot of time and effort. A disabled person should hire the services of an advocate or a legal expert whose knowledge of the processes involved in applying for the social security disability benefits will help his client.

Public Hearing on Compassionate Allowance for Autoimmune Disease Held

2011-03-22T22:59:00.000-07:00

Compassionate allowances are provided by Social Security Administration to applicants of benefits whose condition are severe and require immediate medical treatment. But, for these beneficiaries to be provided with compassionate allowance, they must have a disability that is apparent and clearly qualifies as a disability.

Commissioner Michael J. Astrue has recently held a public hearing on compassionate allowances for people with autoimmune disease.

The hearing is attended by some of the world’s leading experts on autoimmune disease to discuss possible ways to identify the disease and provide Compassionate Allowance to children and adults carrying the disease.

According to reports, there are about 20 million people all over the nation who has autoimmune disease. The 7th public hearing is aimed at better ways to identify the disease and to accelerate the application process of its carriers.

This way, according to Astrue, they can alleviate and somehow help carriers and their family who battle financial burdens because of it.

Hopefully, the hearing has provided better information about autoimmune disease which particularly affects women and children.

Why is Doctor’s Support Important to your Disability Claim?

2011-01-03T17:43:00.000-08:00

When applying for disability benefits with the Social Security Administration, you will need to submit all your medical records in order to prove that you are an eligible claimant. An examiner will review these documents and determine whether you are qualified to receive the much-needed benefits.

Though these medical records are important, your attending physician’s opinion about your condition will matter more.

This is because he is the one who will determine if you are capable to work and earn income or not. The agency will ask for your permission and they will contact him to verify your medical condition and ask the doctor’s opinion about its severity and how long it is expected to last.

Your physician can also detail your medical condition and let the examiner know of your limitations and capacity to do work.

Here are some things that will further help you:
• Maintain a good relationship with your physician
• Openly discuss your medical condition with him
• Avoid making inaccurate comments about your medical condition

Though the physician backs up your disability claims, your application may still be rejected due to other factors such as your income, resources, and tax payment. To get help, it will be best to consult with a lawyer or an advocate who can help you in assessing your options.

Aside from this, the lawyer can also talk to your doctor and discuss what the examiner needs to know about your condition.

Between SSDI and SSI: What’s the Difference?

2010-12-21T23:29:00.000-08:00

The Social Security Administration administers two programs which aim to help the disabled with their financial needs – the Social Security Disability Insurance (SSDI) and the Supplemental Security Income (SSI).

Unfortunately, a lot of applicants file their application for disability benefits under programs where they don’t qualify and so their much-needed benefits are not received immediately.

To help these applicants, here are the general differences between the two programs:

• SSDI applicants must have paid enough social security taxes and has worked long enough. SSI applicants only need to meet the financial requirements imposed by the SSA.

• Funds for the SSDI benefits are taken from social security taxes while funds for the SSI are taken from general taxes and so applicants for SSI doesn’t have to have long employment history to qualify unlike SSDI beneficiaries.

• Income of SSI beneficiary’s household will be calculated as well to determine if he is qualified for the benefits or not.

• Aside from the worker who paid the social security taxes, some of his family members may also be qualified for SSDI benefits.

Aside from the above qualifications, all disability beneficiaries must also meet the qualification for their condition to be considered as a disability. Here are some of them:

• The medical condition must be apparent, recognized, and is diagnosed by a qualified physician

• The condition must be estimated to last for at least 12 months or will result to death

• The condition must be keeping him from doing his previous work

For claimants who met the above qualifications and yet their applications were rejected by the agency, consulting with an experienced social security and disability representative could help.

3 Tips for a Speedy Disability Benefits Claims Process

2010-12-17T13:57:00.000-08:00

After filing the application form for either the Social Security Disability Insurance (SSDI) or the Supplemental Security income (SSI) benefits for the disabled, the claimant would have to wait several weeks to know whether their claim has been granted or not.

Because of this, their much needed benefits are delayed and financial problems may arise.

There are several ways to speed up the initial determination process. Here are some of them:

• Obtain and submit copies of your full medical records showing your disability

It will be faster if the examiner will have a copy of your medical records readily attached with your application form. This way, they won’t have to request and wait for the records from your physician. Remember to submit only copies of your medical records as it might be lost as your application is being transferred and processed in different departments.

• Contact DDS and not the SSA

The Disability Determination Services should be contacted by the claimant if in case he has any questions regarding his claims. Calling the SSA non-stop would be futile as they don’t have accurate and regular updated for each claim handled by a DDS examiner.

• Disclose Vital information

During interviews, claimants must inform the examiner of the full extent of his condition. These claimants must never assume that the examiner will be aware of his condition and how worse it can get. They must always provide accurate description when detailing their medical condition.

Are representatives needed?

During the initial stage of the claim, these lawyers and non-legal representatives are not needed as they have little to do with your case. However, once your claim has been denied, it is important to have these representatives assess your case and determine why it has been rejected.

After doing so, they will help you in filing appeal and can guide you through the appeals process. Their years of experience have taught them how appeals should be handled and what the Administrative Law Judge (ALJ) needs to hear from the claimant.

SSA: No Increase for Beneficiaries’ 2011 COLA

2010-10-20T14:26:00.001-07:00

For the second consecutive year, the Social Security Administration will not provide an increase on the benefits to be received by some 58 million beneficiaries nationwide for the coming year.

In 2009, the beneficiaries received a 5.8 percent increase, a higher-than-normal increase that would be the last for at least two years, as the energy prices in 2008 inflated. However, in the same year, the recession caused overall prices to go down by 2.1 percent and so the beneficiaries did not receive increases in their benefits for the year 2010.

According to the SSA, the Bureau of Labor Statistics did not see any increase between 2010’s and 2008’s third quarter Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) when cost-of-living adjustment (COLA) was last determined.

Because of this, under the law, the SSA is not required to increase the benefits received monthly by Social Security and Supplemental Security Income beneficiaries.

This latest announcement made by the SSA regarding benefits may come as a disappointment to retirees, the disabled, and recipients of supplemental income who rely much on their monthly benefits as they may have limited or no capability to work and support themselves.

Nonetheless, SSA has no legal obligation to grant the increase especially if the agency itself is battling financial crisis in order to provide the monthly benefits needed by their beneficiaries. They shouldn’t be held accountable as the Bureau of Labor Statistics found no reason to compel the agency to increase the benefits distributed to their beneficiaries.

Why women need to take charge of world water management

2010-10-15T12:35:00.000-07:00

Since ancient civilization in Middle East, women have been obliged to draw water from well, oasis, springs, and rivers. The Chaldean, Egyptian, Israelite, and Palestinian women had walked miles to fetch water for food preparation, bath, household chores, and livestock.

Nowadays, Sub-Saharan and Uganda women continue to follow the tradition of carrying jars and pulling ropes from well. Arab women still walk miles to collect water... from contaminated rivers, cisterns, and ponds.

According to PlayPumps International, African women and young girls have to walk 5 miles to collect 5 gallons of water each day. Worse, the water contains pathogenic microorganisms that can cause waterborne diseases such as Amoebiasis, E.Coli infection, cholera, dysentery, typhoid fever, and Hepatitis A.

These protozoal, bacterial, and viral infections have caused an average of 1.8 million deaths each year. Most victims are children who have no developed immune system to fight intestinal parasites. At least 88 percent of such human loss is attributed to unclean water and poor sanitation practices, as reported by World Health Organization.

What happened to women who are compelled by culture to provide living water?
Women who supposed to draw beneficial water become the culprit for such human loss. Culture has questioned women on their inability to provide good water for their husbands and children.

While women suffer such blame, men still harbor patriarchal role in leading the community on how to solve such "problem". Worse, women are not included in community meetings and implementation of safe water program, where they should have raised out concrete reasons for such loss.

The report of Dr. Consolata Kabonesa on Gender Gap in Water Resource Management has showed that only one woman out of five men has led in the Ministry of Lands, Water and Natural Resources in Uganda. Developing countries such as Pakistan, Iran, and Niger still have water management committees predominantly composed of men.

Where are the women to assert solutions?

Sadly, in most Arab nations, women are left at home, preparing food and tending children; while husbands take the role of food production and leadership. Men commune with community officers to resolve water source problem and implement strategies to keep women providing beneficial water.

What do these men know about the hazards of the water in the community, the difficulty of drawing water, the miles spent for walking, and the harassment experienced along the desert road? Eras of experience have taught women on issues involving safe water, and women have earned the right to the seats in a water resource management committee.

Women throughout the years have earned what culture and societal norms have imposed on familial and gender roles. Women do earn the right to take a stand on their primary purpose in community—to provide safe water.

Women's role in today's water-concerned society

The World Health Organization (WHO) and UNICEF have teamed up in a Joint Monitoring Programme (JMP) for Water Supply and Sanitation. The charity: water project opens new seats for women to lead as water resource managers in their own communities. The challenge is given to women to consolidate the efforts of both men and children to open new sources of clean water.

Project charity: water aims to strengthen the arms of women in leading their community in constructing sanitation infrastructures. It also strives to empower women in teaching members of society the importance of safe water production and hygienic practices. The result can yield a reorientation on women leadership among developing countries.

What can you do to empower women?

Since ancient times, women and female children have lost 40 billion hours to fetch water. These hours should have been spent for pursuing economic opportunities, availing of education, and shaping their own future.

Today, a $20 dollar donation can provide 20 years of clean water supply. This amount can help women impart change in the community and rediscover their worth in the society. Every dollar will be spent for creating safe water system, which can eradicate the footprints of harassed and killed women in the desert.

Why women need to take charge of water management? It's because women possess the nature's key in springing up new life for the community.

No Increase on Social Security Benefits until 2012

2010-10-14T17:55:00.000-07:00

Bad news for those who are getting Social Security benefits, it looks like there will be no increase in Social Security checks and more bad news because it looks like it will be up to 2012 before any increase will be considered.

The need for benefit raises or cost of living adjustments are based on the consumer price index, which measures inflation.

In simpler terms, as long as consumer prices remain below the level they were in
2008 (the last time there was an adjustment made to benefits) then no increase will be given by the federal government.

For retirees and disability beneficiaries, this will mean more belt-tightening to get more out of their Social Security checks.

For those who are in the claims process, it is important more than ever to make sure that you get the right amount of benefits.

With no increase to be expected for the next two years, you will have to make sure that you get the most out of your Social Security disability or retirement claim.

For those who are availing Social Security disability insurance, you are entitled to monthly benefits that are equal to what you may receive if you retire at the full retirement age, based on your current contributions.

You will also receive retroactive payment starting 5 full months after you were disabled up to a maximum of 12 months before you applied for benefits.

For those who will be availing of retirement benefits, the amount will again be based on your contributions and on the age you will be retiring.

If you retire early, the amount will be smaller compared to the amount you may receive if you retired at the full retirement age.

Full retirement age will depend on the year you were born.

To be sure, consult with a Social Security Attorney to help you with the computation of your expected benefits.

11 People Charged with Medicare Fraud Ring

2010-06-02T18:54:00.000-07:00

In Sacramento, California, 11 people, 5 of whom are doctors, were charged by the Department of Justice with Medicare fraud.

Allegedly, from February 2006 to August 2008, more than $5 million worth of fraudulent claims from people who were either not sick or dead were submitted to Medicare. The operation, which was headed Dr. Vardges Egiazarian, submitted false reimbursement claims from three clinics in Sacramento, Carmichael, and Richmond.

Egiazarian, who pleaded guilty last year, claimed that most of the clinic patients were recruited and paid $100 for each time their Medicare eligibility was used. Patients were never treated at any of the three clinics and procedures which were billed to Medicare were unnecessary and never performed.

Aside from Egiazarian and Dr. Derrick Johnson who have pleaded guilty, Dr. Alexander Popov, Dr. Emilio Cruz III and Dr. Sol Teitelbaum of Los Angeles; Dr. Ramanathan Prakash of Northridge; and Dr. Lana Le Chabrier of Santa Barbara were also indicted for conspiracy to commit health care fraud.

Along with six other people who are accomplices, if these five doctors are found guilty, they may receive the maximum sentence of 10 years in prison.

Egiazarian was previously sentenced in November 2009 to 6 ½ years in prison and ordered to pay more than $1.5 million in restitution.

Medicare fraud is a serious crime and millions of dollars are lost annually because of fraudulent claims. But not only are millions of dollars worth of services never rendered lost, in the end, people with Medicare end up paying higher premiums because of it.

To help prevent Medicare fraud, one thing you can do is to always check your Medicare Summary Notice (MSN) the moment you receive it. A lot of people’s Medicare accounts have been used and abused for years without them ever really knowing it because they never reviewed the procedures that were charged.

If you find a discrepancy in your account, if an item or procedure was never really performed, check with your physician or healthcare provider. While the inclusion could have been an honest mistake, if you feel that there is fraud, submit the following details to the Medicare company that paid the claim: provider's name and your identifying number; item or service disputed; date on which the item or service was supposedly performed; amount approved and paid by Medicare; and date of the MSN among others.

Benefits and Protections for Short Term Disability

2010-03-22T18:12:00.000-07:00

Accidents and injuries are inevitable situations. Fortunately, federal and state laws provide rights for employees who need Short Term Disability (STD) benefits. If you sustained an injury or illness, you can apply for STD in your company. Before filing STD claims, you should first consider how your company offers sick leaves, vacations, and time offs. Whatever the program of your employer is, make sure you have a printed copy of it so that you know your status as far as your employer is concerned.

Once you have been approved to receive STD claims, here are some of the benefits you will enjoy:

• Financial benefits. Certain employees may obtain different amounts of benefits depending on how long they have worked for the company. Typical STD benefits ranges from 50% to 70% of the employees’ monthly wage. However, workers who have worked for more than 10 years in the company may receive 100% of their salaries as STD benefits for several weeks.

• Waiting period. Claims will only be paid to the employee once he has been absent for a week or when his sick leave has already expired.

• Benefit period. STD claims are usually paid for 13 to 26 weeks, depending on the severity of the disease and the amount of weekly compensation.

• Applying for an STD claim. STD application may be difficult depending on your employer. Sometimes, you may need to file a claim directly with an insurance company that your employer has designated to handle STD claims.

Aside from STD benefits, there is also the Family and Medical Leave Act (FMLA) of 1992 that protects disabled employees from experiencing unlawful actions committed by employers such as termination or refusal to allow leaves. The following are some of the protections that claimants enjoy under the conditions of the FMLA.

• Eligible employees. Under the FMLA, employees who are working for companies with more than 50 workers are eligible to receive benefits and protection. Employees should also be working in a company for at least 12 months before they are qualified to apply for disability claims.

• Availability of benefits. Under the law, an employee may have a time off either due to his own medical condition, or to nurse a spouse, child, or parent who is disabled or seriously ill.
• Benefits and protection. Aside from receiving benefits, a beneficiary may be reinstated to his past position or an equivalent position once he recovers from his injuries or disability.

• Maximum Benefit Period. The FMLA provides up to 12 weeks of disability benefits per employee. However, employees may have the option to use certain number of weeks for a given period, and then exhaust the remaining weeks in another time.

Understanding a complicated issue such as STD is a little difficult if you do not have a legal expert by your side. If you want to maximize your benefits and enjoy the protection STD and FMLA offer, consult with short term disability attorneys in your location.

Easier Way to Apply for Disability Benefits

2010-03-16T00:59:00.000-07:00

Many disabled workers are discouraged to seek benefits from the Social Security Administration because of the stories they’ve heard about waiting for long hours during the applications process.

This shouldn’t be a problem anymore as there is an online tool found in SSA’s website which provides forms and list of requirements that applicants may be required to present.

By having the requirements ready, the application will go a lot smoother and easier for claimants of disability benefits.

Here are some of the requirements that SSA may be asking from claimants as indicated in their website:

• Proof of birth

• Forms SSA-3368 and SSA-827 which describes the medical condition

• Naturalization papers

• W-2 forms and self-employment tax returns for the previous year

• U.S. Military discharge papers

For those whose applications are rejected after accomplishing all the forms and meeting each requirement, they must consult with skilled social security lawyers that can also be found online.

Appealing Rejected Disability Benefits Claim

2010-03-11T23:01:00.000-08:00

Workers who had paid enough social security taxes can receive disability benefits after an accident or an illness that left them unable to do work and earn a living.

However, almost half of disability claims are rejected by the Social Security Administration as they do not meet the requirements that would qualify them as a beneficiary. This happens because they make bogus claims or fail to prove their disability. Some of these rejected eligible applicants don’t bother to appeal their case and thus, lose the chance to get the benefits they deserved.

The first part of the appeals process is the reconsideration stage wherein the rejected applicant can ask the SSA to review his case and provide new evidence that will support his claims.

If the claim is again rejected in the reconsideration stage, then applicants can ask for a hearing where they can present expert witnesses who can give statements about the claimant’s condition.

The appeals council is the third stage wherein the eligibility can be determined. The council may reject the request, determine the eligibility of the claims, or have an administrative law judge (ALJ) to again review the case.

If a worker’s case is again rejected by the appeals council, he can file a lawsuit before a federal court and go against the SSA. At this process, it is advised that the worker acquire the services of an expert social security lawyer who can assist him in his presentation of the case.

Senate Rejects $250 Stimulus Checks

2010-03-09T18:25:00.000-08:00

Millions of disabled and elderly people rely on social security checks to provide them with their much needed income to meet their daily needs.

Though regularly receiving benefits, some still complain that they are not getting enough resources to meet their basic needs especially at this time of crisis.

To address this, President Barrack Obama has asked the Congress to approve the $250 social security checks to be distributed to some 57 million veterans, disabled, and elderly.

However, the Senate defeated this measure which would have added $13 billion to the pending $108 billion job-creating package.

The measures was approved by Congress as a part of $862 billion stimulus package as the social security benefits of the disabled and elderly was noted to remain the same this year.

For the disabled, they can file claims under the two programs implemented by the Social Security Administration. If they have completed payments for their social security taxes, then, the worker and some of his family members may be entitled to benefit in the Social Security disability insurance program.

For those who have limited income, elderly or disabled, they can file claims for Supplemental Security Income benefits. SSI claimants do not need to pay social security taxes as the funds for this program comes from general taxes.

Social Security Hearings Backlog Reduction Plan Works

2010-03-05T18:07:00.001-08:00

Commissioner Michael J. Astrue of the Social Security has recently announced that the backlog for Social Security hearings is at its lowest rate since 2005.

In a statement, the commissioner said that the agency’s measures to diminish backlogs appear to be working as the hearings for unresolved cases drop down to 697,437.

To lessen the backlogs, SSA has increased the number of hearings by 10 percent in 14 months and lessened the number of days that the decision will be released. It is now down to 442 from 514 in Fiscal Year 2008 which means the beneficiaries will know the outcome of the hearing two and a half months earlier.

Aside from this, the agency also hired 147 more Administrative Law Judge and more than a thousand other employees for the Fiscal Year 2009 to accommodate the adjusted hearing schedules.

These changes will further help claimants receive much-needed benefits at an earlier time.

Woman Faces Social Security Fraud Charges

2010-03-05T17:50:00.001-08:00

Most people rely on their Social Security benefits to provide them with income or compensation in times of their disability or retirement. But in order to receive these benefits, they have to pay social security taxes or meet certain requirements.

A woman was recently held on fraud charges after she stole different names and identities in order to avoid paying up social security taxes as she received disability benefits.

Cynthia Gudger faced fraud charges after authorities found a Disability Report Adult in 2001 which shows Gudger applied on a different name, “Lynda Cole”, and stated a different social security number in order to claim disability benefits. By doing so, she was able to embezzle a total of $22,181 in Supplemental Security Income Benefits.

Aside from this identity, she also used other names to unlawfully collect benefits and so she is now indicted on five counts of Social Security fraud.

On the end of SSA, they also have been unable to correctly verify the identity of 61-year-old Gudger. Many disability claims of rightful claimants are denied while some who wrongfully steals the identity of another, like in the case of Gudger, are granted of their claims.

Those whose claims have been rejected by the SSA, they still have a shot at receiving benefits by correctly following the appeals process with the help of a skilled Social Security Attorney.

Woman Faces Social Security Fraud Charges

2010-03-02T23:13:00.000-08:00

Many people rely on their Social Security benefits to provide them with compensation in times of their disability or retirement. But in order to receive these benefits, they have to pay social security taxes or meet certain requirements.

A woman was recently held on fraud charges after she stole different names and identities in order to avoid paying up social security taxes as she received disability benefits.

Cynthia Gudger faced fraud charges after authorities found a Disability Report Adult in 2001 which shows Gudger applied on a different name, “Lynda Cole”, and stated a different social security number in order to claim disability benefits. By doing so, she was able to embezzle a total of $22,181 in Supplemental Security Income Benefits.

Aside from this identity, she also used other names to unlawfully collect benefits and so she is now indicted on five counts of Social Security fraud.

On the end of SSA, they also have been unable to correctly verify the identity of 61-year-old Gudger. Many disability claims of rightful claimants are denied while some who wrongfully steals the identity of another, like in the case of Gudger, are granted of their claims.

Those whose claims have been rejected by the SSA, they still have a shot at receiving benefits by correctly following the appeals process with the help of a skilled Social Security Attorney.

Air Force Vet Loses His Benefits As Hospital Declared Him Dead

2009-12-22T22:48:00.000-08:00

Death can be a troublesome thing to handle especially if you are not dead – and just misdeclared as dead.

Ironically, that is what Robert Mckenzie, a 72-year-old Air Force veteran discovered when he was declared dead by a Dallas Hospital in a coding error.

Mackenzie was diagnosed in Texas Health Presbyterian Hospital with prostate cancer but was in no way dead or even near it.

But a code error in his paperwork as he was being discharged from the hospital declared him dead and started a chain reaction that resulted in him losing his Medicare, his Social Security benefits and his Supplemental Security Income or SSI.

You can’t really blame the Social Security Administration (SSA); you don’t need these things if you are dead.

Mckenzie’s wife even received a certificate in memory of his husband’s service to the military.

But Mckenzie was not dead, and he and his wife struggled to cope with his prostate cancer with what they have.

When the Presbyterian Hospital discovered the error, they quickly fixed it on their part and even gave $5,000 to Mckenzie to cover some of their expenses but the damage has been done.

Even if Mckenzie will be receiving his $700 Social Security benefits again this December, and his SSI has been reinstated so he is eligible to receive it again this January. However, there is no news if he will still get his money from the months he did not receive benefits.

The SSA said that they are still sorting out Mr. Mckenzie’s files and may finish after the holidays.

Mackenzie should also consider hiring a social security attorney to help him in securing the lost benefits he is entitled to if not for the mix up.

He should also consider filing a negligence lawsuit against the Presbyterian Hospital for causing significant monetary losses, not to mention the grief and suffering he and his wife experienced during this ordeal.

Although, the error was not intentional there is definite negligence on their part that led to the circumstances being experienced by the Mckenzies.

Instead of helping Mr. Mckenzie with his sickness, they inadvertently made the whole thing worse.

California DDS: Under Investigation

2009-11-25T11:00:00.000-08:00

Early this year, California Governor Arnold Schwarzenegger announced that thousands of public servants would be furloughed two Fridays a month. The furloughs were a cost cutting measure aimed at saving $1 billion.

Some states that adopted the furlough program exempted Disability Determination Services (DDS) employees. However, the governor announced that there would be no exemptions.

Further, California DDS had also implemented the requirement that disability applicants must furnish a 25-page report within 20 days.

True enough, Patrick P. O’Carroll, Social Security Administration Inspector General received a memo from Commissioner Michael J. Astrue. Commissioner Astrue instructed O’Carroll to investigate furloughing of California DDS employees despite the fact that their salaries and overhead were federally funded.

Congressman Robert Filner testified that one DDS office had closed 30 percent of its cases due to applicant’s failure to comply with the reportorial requirement. He added that California may have been manipulating its service numbers by assigning claims to fictional examiners or supervisors. Consequently, DDS could hide the fact that these cases were not being reviewed.

Commissioner Astrue was also concerned that the state of Hawaii DDS would follow the footsteps of California DDS.

There is nothing wrong with saving on costs or expenses so long as it is within the bounds of law or policies or rules of the Social Security Administration. If you were one of those denied, a disability claims lawyer can assist you with your dilemma.

Worsening Social Security Disability Claims

2009-09-28T19:38:00.000-07:00

The economic downfall has caused the increased in disability applications. In 2008, the Social Security Administration (SSA) received two and a half million disability applications. This happened before the current recession became indisputable. In this year up to 2010, SSA sensed that disability applications would reach up to 3 million.

The sudden increase in disability applications was due likely to unemployment. This was because workers who have functional limitations continued to work either because they failed to find accommodation from their employers or have been able to grind out a niche that protects them from the job-limiting effects caused by their functional limitations.

However, when they company closes and they are seeking new employment, they realize that acquiring gainful and substantial employment has not been possible.

The increase in disability applications has augmented the increasing social security disability backlogs or pending claims. Various economists speculated that outlook for disability claims processing may get worse regardless of whether the U.S. economy succumb to “L” type recession or a “W” double-dip recession.

Certainly, the effects of recession would be here to stay for at least two years. For workers, these may be an added toll on their already burdensome life.

Should one wants to know more on how to minimize the effects of recession, getting the services of an employment attorney is encouraged. Moreover, for those who want to apply for disability claims or have pending disability applications with the SSA, hiring a disability lawyer is an advantage.

Approval and Denial Rates in Disability Applications

2009-09-16T19:10:00.000-07:00

The approval or denial of disability benefits depend on two considerations: location and time.

On location, different states have different approval or denial rates. While it is true that the social security disability claim system is federal, noted differences may be pointed when comparing individual states specifically those belonging to the red or blue states.

The difference lies on the fact that the system is not as objective as the Social Security Administration. Moreover, the decision making is based on a "human reading" of an applicant's medical records which is inherently and unavoidably, a subjective process.

As to time, disability approval or denial rate depends on the level of the claims. Usually, cases heard by Administrative Law Judges have a higher approval rate compared to cases at initial claim or reconsideration levels. In fact, only one third of applications are approved at the initial stage and all the rest are denied.

Denied applicants may file an appeal. However, most of them give up, file a new claim, miss deadlines or fail to show at the hearing. Most claimants forget the fact that some appealed claims have significantly higher rate of being approved.

The system may be complicated but with the help of a disability lawyer, applicants may be informed of what steps to take in processing their social security disability claims.

Can Applicants or Beneficiaries of Disability Benefit Work?

2009-09-08T18:13:00.000-07:00

Applicants for disability benefits may be permitted to work during the application process. Beneficiaries of Social Security disability or SSI disability may as well be permitted to work even while they are receiving the benefits.

However, applicants and beneficiaries should, before working, must bear in mind the following points:

1. All work activity must be reported to the Social Security Administration.

2. Eligibility for social security disability or SSI will give the claimant nine trial work months. During these months, applicants and beneficiaries can basically work with no earning limitations. The nine month period need not be consecutive so long as it occurs within the five year period.

Multiple work experiences can operate to exhaust trial work months for a long time because of the rolling five year period.

3. Disability benefits will cease if the trial work months are exhausted and at least the SGA substantial gainful activity amount is earned.

4. If the beneficiary is only a recipient of social security disability and not of SSI disability, an extended period of eligibility or EPE will be given.

5. The cessation of the 36 month extended period of eligibility will operate to terminate the disability benefits if, in any month, the beneficiary earned at least the SGA amount.

6. If the beneficiary stops working due to the same medical problem he was granted disability benefits, he may apply for an expedited reinstatement of the disability benefit.

Reinstatement may occur during the five year period previous to the disability termination month. Upon reinstatement, the beneficiary is allowed to receive six months of provisional payments. In the meantime, Social Security will make a determination on the medical condition of the beneficiary. If beneficiary is found to be disabled, disability benefits will be reinstated.

Admittedly, people who have been placed under disability have still hope of joining the workforce. But considerations must be made to avoid benefit interruption and overpayment. A social security disability attorney may be hired to avoid conflicts.

Effects of State to State Transfer on Approved Disability Claims

2009-09-04T20:54:00.000-07:00

Since Social Security is a federal agency, claimant’s move from one state to another will not affect the benefits rendered in his favor. However, the claimant must furnish the agency with valid address and phone number each time he moves.

A move never sparks off any kind of disability review. Review takes place as early as the initial approval of the disability claim. Upon approval, a diary date will be set for review.

There are cases, however, that trigger review. The most common cause is work activity. If claimant’s work activity is beyond the substantial gainful activity (SGA) earning amount, he should report it to the Social Security so he will not be overpaid.

Be as it may, work activity rarely causes more than a work review unless the claimant has been working continuously at an SGA level.

For those receiving Supplemental Security Disability Income (SSDI), benefits may decrease. The reduction would not be made by the Social Security but due to a decrease in state subsidy. This happens when the claimant moves from a state that has a subsidy to a state that has no subsidy. Consequently, he will lose the money coming from the state he comes from.

For other concerns, you may consult a Social Security disability attorney to enlighten you on the matter.

Letters Sent After Approval of ALJ

2009-09-01T20:09:00.000-07:00

Application for disability benefits undergoes various stages. It may either be denied or approved. In case of approval, claimant receives two letters.

A Notice of Decision and a Notice of Award are sent to the claimant in case of approval. The Notice of Approval is a letter from the judge while the Notice of Award comes from the social security office.

The Notice of Decision depicts either fully favorable or partially favorable decision. The difference has to do with the Date of Onset or the date when the disability is decided to have begun.

The Date of Onset is used to compute the past due benefits or back pay. A claimant may receive several hundred dollars in security back pay or several thousand depending on the date of onset. Moreover, this date is a good reason to have representation. Basing on the medical evidence, the claimant’s representative can argue for the most favorable onset date possible.

On the other hand, the Notice of Decision talks about the amount of benefit such as the monthly benefits, back pay benefits and commencement benefits.

Regarding back disability payment, it may take time to process depending on various factors such as the kind of disability the claimant is entitled to. Moreover, delay may be incurred in transferring the decision from the hearing office to the Social Security payment center.

Also, the Social Security may send a ticket to work to the claimant. While the letter means that the claimant is encouraged to go back to work, it does not mean though that the Social Security considers him as able to work.

If you find the topic interesting and you want to know more, you may engage the services of a disability benefits lawyer. A Social Security attorney may also be consulted if you want to file a claim.

Rationing of Health Care

2009-08-31T22:48:00.000-07:00

Ideally, insurance companies make good insured’s losses and protect them against dangers to life or property.

However, events in real life show that it is otherwise. In fact, an insured finds it difficult to go after their insurer.

In one article, the author was of the belief that when a health insurance company denies a person for coverage, it is rationing health care. This happened when a company cancels a policy or refuses to pay for a certain procedure.

The author also said that when hospitals and doctor’s offices turned away people who do not have insurance, health care was being rationed.

Despite debates on the national health care and health insurance, some issues remained inarguably true.

1. It would be ridiculous to refuse health care coverage to those people with pre-existing conditions such as diabetes. Not treating this type of condition make it more expensive to cure as time goes on.

2. Insurance coverage must be portable. Hence, if a worker loses his or her job, insurance coverage should be maintained.

With the current set up, policy holders are under the mercy of their health insurance companies. Certainly, reorganization of the system is badly needed. However, people are in doubt whether the federal government could be able to manage the restructuring of the current system.

Whatever the government decides, the “doing nothing” option is never advised.

If you think your insurance company is abusing its authority, you may employ the services of an experienced and expert lawyer in your area.

Withdrawal of Disability Benefits

2009-08-12T08:32:00.000-07:00

Just like any other benefit, disability benefits are not eternal. There are conditions which will operate to terminate or suspend it.

If you become eligible for disability, you will be given a nine month trial work period where you can earn without limit. This period can occur any time within the 5 year period. Moreover, the trial work period does not have to be consecutive.

It should be noted, though, that claimants could continue receiving their benefits after a continuing disability review (CDR).

A CDR is required by law such that Social Security Administration (SSA) will review your case from time to time to verify if you are still disabled. The SSA will inform you of the review and your benefit status as well. You will responsible for informing the SSA of your improved medical condition.

Disability benefits are conditional meaning when conditions for entitlement cease to exist as shown in CDR, the benefits could be withheld. Hence, if you are no longer disabled as your medical condition has improved or you can already return to work, benefits will be stopped.

However, mere returning to work will not automatically deny your benefits. Your average earnings must be substantial to stop your benefits. This year, average monthly earnings of $980 or $1,640 for blind are considered substantial.

If you want to know more about disability benefits, engaging the services of a Social Security lawyer is advised to enlighten and inform you about it.

SSI Eligibility

2009-08-07T08:19:00.000-07:00

Supplemental Security Income (SSI) is intended to assist low income families and disabled individuals. This benefit is given regardless of whether the claimants have worked in the past or not. The basis is the financial need and not the work history of the claimant.

Unlike Social Security Disability, SSI is a Federal income supplement program funded not by the Social Security taxes but by the general tax revenues.

Starting January 1, 2009 the Federal SSI benefit rate is $674 for individuals and $1,011 for couples.

Some States provides additional payments on top of the SSI benefit. Hence, the total SSI benefits are higher in these states compared to others.

However, not all are qualified for SSI. Your resources are one of the factors that determine your eligibility. In 2009, the resources limit is $2,000 for individuals and $3,000 for couples. Further, not all resources are counted for SSI purposes.

The Social Security includes your spouse’s income and resources if he/she lives with you. Hence, even if your personal resources are not over the limit if it exceeds the limit when combined with your spouse's resources, you would still be ineligible.

In case you meet the resources limit, your claim would be set for medical determination. All medical determinations are done the same way for SSDI and SSI. If you are determined to be medically disabled, the Social Security would again check your resources limit to make sure that you still meet them.

Should you want to know more or you feel like you are eligible, consultation with a Social Security lawyer is advised.

Fail First Policy: Under Fire

2009-08-04T08:35:00.000-07:00

Access to new and better medication should be provided to everyone especially those who are poor and disabled.

However, some insurance companies employ discriminatory practices as alleged by several organizations like the Healthy African American Families, Familia Unida, and For Grace in their sent California General Jerry Brown. They asked for the investigation of said practices specifically the denial of access to critical medications of poor and disabled African-American and Latino families.

The concerned organizations specifically mentioned Blue Shield which refused to initially cover doctor-prescribed and FDA-approved treatments. Some insurers also had been requiring patients to fail on up to five medicines before they can access to the one prescribed by their doctor.

The members of the minority and low income earners were often the victims of these practices specifically those suffering from chronic pain like multiple sclerosis, arthritis, fibromyalgia and diabetic peripheral neuropathy. Consequently, they experienced prolonged suffering and failing health.

As response to this letter, sixteen state Attorneys General relayed this concern to the Medicare and Medicaid Services (CMS). In turn, CMS tightened its restrictions and adopted a policy that prohibited health insurers from obliging patients to take more than two medicines before they will cover the medicine as prescribed by doctors.

This fail first policy by health insurers is risky. It operates to prolong and not to improve patients’ conditions. An ailing person should receive immediate medical attention and take prescribed medications. However, some patients are forced to submit to inappropriate treatment or take multiple medicines that do not work just to comply with requirements of these health insurers.

Consequently, by the time the patient is given the right treatment or medication, his condition have gone from bad to worse.

It is a good thing that authorities had already initiated a move to rectify what it seems to be a bad policy. The national government should also address this problem to prevent similar abuses in the future.

Period of Disability

2009-07-27T08:21:00.000-07:00

Claimants for Social Security disability must be disabled as defined under the rules of Social Security Administration (SSA) to avail of the benefits. Not only must he be physically or mentally impaired but he must also be disabled for a certain period of time.

The query now is for how must you be disabled to be entitled for the benefits?

The answer is this: an individual must be disabled and unable to work for a continuous period of not less than 12 months.

Therefore, if your disability is expected to last for a year, you should and must apply for disability as quickly as possible. Most people make the mistake of waiting for some time after becoming disabled before filing a disability claim with the SSA.

If you calculate the months involved, your claim would pass through a lengthy process. Note that the examiners have no deadlines in evaluating your application. Further, appealing the denial of your claim could also take months or years.

In most cases, claims end up in the hands of an administrative law judge hearing or of the Appeals Council Review.

Considering all the periods, you have to file a disability claim the moment you ascertain that your disability would last for at least 12 months. Otherwise, by the time you get your benefits, you may have been in a much worse situation as months passed since you became disabled.

Be reminded that the period above does not include the time within which the claimant could file. Usually, a two-month period is given to file an appeal. The two-month period is different from the period of the appeal process itself. With this, you can only imagine how long the process could be.

Disability Claims amidst Crisis

2009-07-17T08:27:00.000-07:00

The global financial crisis has brought challenging consequences. Jobs were lost, most companies closed, employees dismissed and prices of food and commodities increased.

Cost cutting has become the trend for most companies. One way of cutting costs is through mass lay off. First to go are employees who are getting high salaries and benefits. Oftentimes, these are old employees.

Older employees are replaced with young and healthy ones who ask for less salary and benefits. By doing so, work is not compromised and costs are minimized. Consequently, older employees are forced to find another job or stay at home.
Should they decide to find another job, chances of being hired are slim. Just like their previous employers, a potential employer may also be cutting costs thus, prefer young employees.

The impact of the dismissal from work of old employees is greater. Aside from being jobless, they might be under treatment or medication for certain illness. With the increasing expenses but depleting resources, they are left with no choice but to file a Social Security disability claims.

Consequently, the financial crisis has indirectly caused the increase in disability claims. As long as people continue to lose jobs, disability claims would pile up. In fact, the Social Security Administration revealed that applicants incr
eased by 15% during the last 2 years.

No wonder, the filing of disability claims has been made as an alternative of dismissed employees who are in need of financial assistance.

SSI and Medicaid for Eligible Claimants

2009-07-14T16:33:00.000-07:00

The physical incapacity of blind or disabled individuals often entails financial hardships. As the government recognizes this problem, various programs are implemented to assist eligible individuals.

For old or disabled individuals who have been employed but not qualified under SSDI or who have not been employed at all, they could apply for Supplemental Security Income (SSI).

The query now is: Can claimants availed SSI simultaneously with other benefits such as Medicaid?

The answer is yes.

Medicaid is a federally operated program which pays for basic medical care of blind or disabled, age 65 or older, children, or members of families with dependent children.

While it is funded by the Federal Government, it is run by each state. The state determines who are eligible. It also decides the amount and services due each claimant.

For some states, the SSI application is also the Medicaid application. Usually, Medicaid eligibility begins in the same month as SSI eligibility. In some states though, separate application is required for Medicaid and SSI applications.
The next query is: Will the approval of SSI application means approval of Medicaid application or vice versa?

The answer is no.

SSI application and Medicaid application are assigned to different disability examiners. Hence, rulings on each application may vary. However, an examiner can simply adopt the decision made in the SSI application when deciding for a Medicaid application. If there is no SSI application to adopt, the Medicaid claim would be returned to the county caseworker who actually took the application.

One thing is clear: when you are an SSI recipient, you could also get Medicaid benefits that can help you pay doctor and hospital bills. You just have to contact your local social services or public welfare office for details.

Consequence of Filing a Procrastinate Appeal

2009-07-10T22:41:00.000-07:00

Social Security benefits such as SSD or SSI has been the refuge of the elderly and disabled. However, process is slow and claims are subject to denials. Hence, pursuing a claim takes time and a lot of patience.

In case of denial, an applicant is given two months within which to submit an appeal. Some appeal immediately while some would wait longer.

Filing an appeal as quickly as possible is advised. This would mean your application would be processed earlier hence, the sooner you can draw benefits. While it is true that denial could bring disappointment and depression, filing at end of the two month period would further delay your application.

If your claim is denied and you want to pursue it alone, immediately contact your local social security office and request an appeal. On the other hand, if you want to be represented, you should procure a representative at once.

An unrepresented claimant must accomplish the disability appeal paperwork upon receipt. Appeal documents must be completed and returned to the social security office while keeping a copy for ones records. A follow-up call should be made to confirm the receipt of the appeal. If the office has not received it, the claimant may call again to check until receipt is obtained.

On the other hand, a represented claimant must coordinate with his representative whether a disability lawyer or non-attorney representative’s office staff for an immediate plan.

All in all, claimants waste four months in a disability case - two months for request for the reconsideration and another two months for the request for hearing. If claimants procrastinate in filing, the waiting period could be financially injurious to them. Hence, appeals should be filed quickly to prevent financial fall out.

Disability Benefits Preparations

2009-07-08T08:08:00.000-07:00

Securing a Social Security disability benefits has always been difficult. Its natural slow process is even made slower by frequent denials of applications.

With the current economic condition, more people are applying for benefits just to make ends meet. This is because older, sickly and disabled individuals are the first ones to be laid off from their jobs.

However, to ensure approval of claim, it is best to assess the situation just like any other.

Before filing a claim, it is best to be acquainted with the process so you know what you are getting into.

First, know if you are even covered by the term disability as defined by the Social Security. Disability for benefits under title II (SSD) and title XVI (SSI) is defined as “inability to engage in any substantial gainful activity by reason of any medically determinable physician or mental impairment which can be expected to last for a continuous period of not less than 12 months or result in death."

This definition is followed in its letter. If you are not disabled within this definition then your application would be denied.

Second, delay in filing your claim could be a potential harm. Initial disability applications could take from 30 to 100 days to process. The waiting period could be more if you have to pursue an appeal process.

Third, approval of the application does not mean outright receipt of disability check. In addition to processing time of the initial disability, a 5-month waiting period would be imposed before receiving a monthly benefit check.

Last, you must plan your financial resources pending application. This might seem hard to do as most applicants are disabled or old trying to live on a daily basis. It would be hard to expect them to make any financial planning for months or years until approval.

Applying for a disability benefits is like engaging in a long war. You should never go to battle unprepared. You may ask for the assistance of a disability lawyer to walk you through the process.

Rationale for the denial of disability application

2009-06-30T08:31:00.000-07:00

In its natural course, disability applications are slow. This is because the examiners have no deadlines within which to decide disability cases. No wonder applicants get irritated, and frustrated with the process.

When an initial application is denied, applicants are advised to file a request for reconsideration. More often than not, requests are denied for the second time. In case of denial, the next step would be filing a request for disability hearing.

These steps seem easy but in reality it takes a lot of patience to keep up with. It could be extra frustrating to know that majority of requests for appeals are also denied.

The question now is if appeals are denied then why would applicants even bother to file one?

A request for reconsideration is required before a claimant could request for a hearing before an administrative law judge (ALJ). In short, a denial of a request for reconsideration is a prerequisite to a request for a hearing with the ALJ. It is nothing but a mere a stepping stone to yet another level - hearing with ALJ.

The thing is the processing for the original application and that of the reconsideration appeal are only separated by weeks. Even if both are handled by different examiners, most likely the decision in the original application would be adopted in the reconsideration appeal. This is why most rejected original applications are also denied on appeals.

In reality, applicants do not get fair chance in appealing their case. This is because the same agency decides with the appeal and reconsideration. It would be unlikely on their part to overturn their previous decision.

The real justice comes at a disability hearing level. At this level, the Social Security Administration no longer handles the case. It is the administrative law judge who decides on the matter.

Fairness comes in this level because applicants get to see the judge. They can also hire a disability attorney to explain before the judge why they are entitled to benefits.

Living Arrangements in SSI Applications

2009-06-26T13:33:00.000-07:00

Supplemental Security Income (SSI) is a disability program intended to assist those who are disabled, blind or at least 65 years old with limited income and resources.

Unlike other Social Security benefits, SSI is not based on one’s prior work or that of a family member. It is financed by the general funds of the treasury hence given only to those who have severe physical or mental impairments.

Applicants must prove that they are in dire need of financial assistance. On its end, the Social Security Administration (SSA) would evaluate the living arrangements of an applicant to determine eligibility.

Chances of approval are greater for applicants who live alone. This is because the government sees to it that one who could not work or earn a substantial gainful income due to severe disability has a decent place to live in and food on the table.

This does not mean though that people who reside in shared households are denied of SSI. They are only given a reduced amount.

The difference lies with the fact that people who live alone pay for their own utilities and other expenses. In short, they have greater financial need compared to applicants living in shared households.

Hence, an applicant’s living arrangement determines whether maximum SSI benefits would be awarded or not.

How Disability Benefits are Awarded

2009-06-16T10:34:00.000-07:00

People with disabilities are entitled to benefits under the programs of the Social Security Administration. However, not all disabilities are awarded benefits. Every claim for Social Security disability or SSI disability is scrutinized to determine its validity.

Disability benefits are awarded in two ways:

1. Disability examiner or judge will determine if the medical evidence satisfies the approval criteria for a physical or mental condition listed under the blue book.

2. Disability adjudicator will determine if the claimant is unable to do their past work for the last 15 years and is unable to perform other work.

Claimants should not only satisfy the fact that they could no longer go back to their past work. They must also show that they could not perform any other work which fit their vocational profile.

The disability judge or examiner is tasked with the responsibility of determining whether or not claimants can go back to their past work. With the work history information furnished by the claimant, the adjudicator will match them to a job description contained in the dictionary of occupational titles.

The adjudicator will compare the work demands and job skills of the claimant’s past work to their current level of functioning. If the current level of functionality is less than what the former jobs required, obviously, they could not go back to their past work.

The procedures for claiming disability only show that the burden of proof lies on the claimant. They must provide accurate and reliable information regarding their past jobs and detailed information about their medical history.

If claimants find the process complicated, the assistance of a disability lawyer would be much appreciated.

SSI Disability Setbacks

2009-06-15T10:40:00.000-07:00

Application for disability benefits under the Social Security Administration often entails hardship. Whether SSD or SSI, various reasons cause the delay of its approval.

By its very nature, the disability claim process utilized by the SSA is lengthy and difficult to get through.

This might not be a problem for those individuals who have been awarded benefits early at the initial level of their disability application. But for individuals whose applications have been denied, a request for reconsideration can even prolong the application procedure. In case of denial of such request, an appeal could even make the waiting period worse.

Delay in the claim procedure could also be attributed to the applicant’s medical evidence. This evidence is vital to determine the physical and mental condition of the applicant. It would also apprise the SSA of the things that the claimant could and could not do.

If upon assessment, it was discovered that the applicant’s residual function is severe that substantial gainful activity could no longer be perform, chances are the disability claim would be approved.

Without medical evidence showing residual function of an applicant, disability examiners and disability judges would be inclined to use medical records.

However, medical records often do not establish whether or not the disability of the claimant is covered by the SSA’s definition of disability. This could be of little use even if the records show claimant’s condition.

With the above setbacks, no wonder disability claims take months and even years to settle. When it happens, it is advised that an applicant employ a disability lawyer to speed up the process.

Social Security Introduces New Method to Speed up Application Process

2009-04-21T23:00:00.000-07:00

With millions of Americans filing for disability claims and financial aids every year, the Social Security Administration (SSA) has recently introduced a new method in processing applications that will allow claimants to receive their benefits in a short period of time.

The Nationwide Health Information Network (NHIN) is the agency’s newest service to the public that will prevent delays. What used to take months of processing will only take few minutes to complete with this online service.

To allow claimants to file their benefits, NHIN provides online application form that will make it easier and more convenient for Social Security taxpayers compared to going to SSA office personally.

According to SSA officials, the new online service will allow them to improve their service to the public while letting people to participate in the application process.

New Technologies to Aid SSA Backlogs

2009-04-16T01:04:00.000-07:00

The long claim process at the Social Security Administration (SSA) had been taking a toll to applicants.

Lack of sufficient manpower had been pointed as one of the reasons for the delays. Seeing the need to address this issue, SSA has adopted significant ways of speeding up the retrieval of medical records in the future. In doing so, delays may be minimized.

In fact, SSA was the first government agency to use Nationwide Health Information Network (NHIN) to cut down the time to get medical records from weeks or months to only minutes.

SSA had been receiving about three million claims annually and fifteen million requests for medical records. Usually, manual intervention necessitates the retrieval of these records. Hence, delay may take place in such retrieval. With the use of NHIN, claims may be processed quickly.

SSA urged the claimants to do their part in making the disability determination process more efficient. It suggested doing the application for disability benefits online.

Moreover, SSA identified medical codes that match certain medical listings. SSA’s computer system analyzes the data for these codes. In this manner, the process would be quicker and the response would be more immediate.

NHIN, on line application and medical codes were aimed at addressing the growing disability backlog. With these, applicants hope to reap their disability benefits sooner than the usual lengthy process.

Fraud in IHHS

2009-04-15T00:16:00.000-07:00

Elderly and disabled people have once contributed, in one way or another, to the improvement and development of society. Seeing the need to compensate them for their services, funds are allotted to their care in case of old age or disability or blindness.

In California, In House Support Services (IHSS) is a program established to cater to the needs of the elderly over 65 years of age, disabled or blind so they can remain safely in their homes. IHSS is considered as an inexpensive alternative to nursing homes or board and care facilities.

Under the program, the care provider is usually the recipient’s family member in order to give twenty-four hour assistance. Services would include doing personal chores, giving personal care, accompanying to medical appointments and supervising.

This year, IHSS has a budget of $5.42 billion to provide care for about 440,000 Californians. The amount may be overwhelming. But sadly, due to fraudulent machinations employed by some unions, some valid claims are not getting attention. Efforts of full time investigators are not at par with the thousands of fraud cases filed before them.

For instance, Los Angeles County has no investigators to ensure the validity of claims. Consequently, it had 800 backlog fraud cases.

This current situation is very disadvantageous to valid claimants. Ineligible claimants are the ones reaping the benefits while qualified applicants are left to wait for available funds or worst none at all.

Disability Lawyer: Required or Not?

2009-03-29T22:10:00.000-07:00

I have written in my previous blog that a disability lawyer is not required when applying for Social Security benefits.

Do not get me wrong it does not mean though that the services of a disability lawyer are no longer required in all cases and at all times. Of course, it is a case-to-case basis.

At the initial stage, a claimant may opt to claim by himself. But when the claim is denied it would be advisable to seek professional legal help.

A disability lawyer could pin point what information you failed to disclose or documents you failed to submit and could make the necessary requirement in the information or documents to suit your claim.

Usually, an applicant whose claim was denied would file a new claim. They somehow had the notion that filing a new claim is better than filing a timely appeal.

Well, the thing is once a claim is denied and a new claim is filed, chances are it would be denied again. No wonder some claimants have been denied as many times as they are filing their SSD or SSI cases.

Although to some the services of a disability lawyers at the initial stage are an option, certain claimants may benefit from their representation.

Claimants suffering from memory deficiency or physical impairment have the most need for their services, especially in going to scheduled consultative exams, returning forms and filing disability appeal.

Legal representation is a brilliant idea in these instances. Claimants should consider it to avoid further delay and denial of claims.

Doctor’s Role in Claiming Disability Benefits

2009-03-20T21:54:00.000-07:00

When applying for disability benefits with the Social Security Administration, documents including medical records must be submitted. These documents are required to avoid scrupulous applicants and fraudulent claims.

Typically, Social Security would want a twelve month medical history including medical notes to evaluate the eligibility of the claimant and veracity of the injury. It could schedule mental, medical and consultative examinations to obtain medical information.

This one time consultative examinations would determine the medical condition of the claimant. However, medical examiners are required to send claimants to further examination if they feel that medical evidence is insufficient or lacking.

A consultative examination may include not only the doctor’s findings on the claimant’s condition but also observations before or after the actual examination.

The question now is would your claim be granted despite not having been seen by any doctor?

The answer is no. You must be seen either by a Social Security doctor or a consultative physician.

Some doctors are biased against the federal disability programs. This bias could work against the claimant. Consequently, the claimant should strictly adhere to the documentary requirements for greater chances of approval.

Backlogs to Prolong Claimants Agony

2009-03-11T17:57:00.000-07:00

In its natural process, Social Security claims are already time consuming by itself. In fact, it takes months and even years to approve a claim, not to mention the appeal or reconsideration included therein.

If you say that appeals or reconsiderations are the only barriers to your claim, then you are wrong.

The Social Security disability hearings backlog is taking a toll on a previously slow system of Social Security claims.

The National Organization of Social Security Claimants’ Representatives (NOSSCR) urged those who have been affected by the backlog to speak with their Senators and House Representatives.

NOSSCR is committed to provide the highest quality representation and support on behalf of persons seeking Social Security and Supplemental Security Income.

Backlogs surrounding Social Security have not been explained fully. Some say because of lack of manpower which I think has a simple solution – hire people. Certainly, it made the current condition even worse.

With the threat of foreclosure, worsening health, homelessness, bankruptcy or family disintegration, benefits from the system would surely go a long way.

NOSSCR advised claimants to attend the Congressional hearing this March 12 and share their stories.

Government has the power to change and cure this backlog problem. By sharing your stories, they would be apprised of how bad it is.

Stimulus Check for SSI and SS Recipients

2009-02-24T21:14:00.000-08:00

President Obama was just being true to his promise of leading America in its quest of rising above political controversies and crises. Obama’s Administration started off with a stimulus plan.

In the plan, no one is left out. Even SS recipients who do not work have a social security bonus. Normally, they are not eligible for tax credits as they do not work. However, the American Recovery and Reinvestment Act of 2009 allocated a one time payment of $250 to all social disability recipients.

The beneficiaries need not do anything to get the amount. Come May 9, 2009 the recipients could hopefully get their share.

The government should be a government of people. As the president finds ways and means to make America the greatest place to live, we should also do our part to help and support the government in its quest for a better America.

File Personally for a Faster Claim

2009-02-12T20:20:00.000-08:00

Inconvenient as it may seem, transacting personally to a social security office for a disability application or disability appeal would often do the trick to get your papers moving.

I share the same observation with the American Federation of Government Employees (AFGE). In its letter, AFGE asserted that 45% of calls to Social Security officers were either ignored or not responded to. Many callers were also made to call back.

Obviously, the problem is the lack of manpower of most Social Security offices. Consequently, workload piles up and many paper works and transactions are left hanging.

If staffing is the problem, the solution is to hire more employees. However, with the present economy and ever growing national debt, it would unlikely happen.

The government has not identified this problem as it insisted on using new technology, forming a task force or restructuring of the Social Security Administration. It insisted on applying various approaches to resolve this rather simple dilemma.

With some applicants, hiring a social security representative is the solution. If you are one of them, ask your representative of the status of your claim. Chances are representatives would either tell you immediately about the status of your application or initiate to communicate with the office by themselves.

At the end, it is the public, which suffers a lot. This situation, certainly, screams for practical and urgent change.

Impractical Alternative to Social Security Disability

2009-02-06T20:05:00.000-08:00

In applying for Social Security Disability, documents such as medical records are extremely important. Applicants are made to produce the oldest to the current documents to substantiate your claim for disability. These documents would determine if the applicant has disability and hence qualify for benefits.

For new applicants, these documents are readily available. They could easily retrieve their medical records. The problems lie with those whose applications are on appeal.

Due to the tedious and lengthy process involved in Social Disability claims, claimants who apply for disability and have entered into an appeal process no longer have access to medical care. Consequently, medical records and other pertinent records are no longer available.

For some disability examiners, consultative medical exams are scheduled to determine if applicants are qualified. Social Security medical exams are given to those who are no longer covered by medical insurance or no money to pay for medical care.

It is personally depressing to know that most applicants lack the necessary medical records or are poorly documented because they either lack health insurance or could no longer visit s doctor.

COBRA could be an alternative for those who eventually loss their medical insurance as they are out of work because of their disability. However, it is not advisable and practical because it is very expensive. For people who already lacked financial sources, paying for it is the least of their priority.

So it makes me think now, where would these applicants go? What would be their best alternative? I think the current system needs a little polishing.

Filing disability benefits anew-pending appeal

2008-09-24T19:14:00.000-07:00

By now we can safely assume that everyone knows that there is a great probability that disability benefits application in the SSA is denied at the first instance.

And we can safely assume that everyone knows that the next resort is to appeal the denial. The appeal reaches the administrative law judge, and then it can go as high as the Appeals Council.

Now consider this: before it could even be heard by an ALJ, it would take months, some years, before it happens. In the meanwhile, the applicant may be out of job nursing an honest to goodness case of disability – getting nothing.

But what can you do?

In the appeal process before the ALJ, you will have no choice but to wait. You cannot file a new application pending appeal, lest, the docket would rise as hell, flooded by multi-level disability benefits claim per one applicant alone. Filing anew, in short, is not allowed.

But when the appeal reaches the Appeals Council – that is when you can do something. You can file a new disability claim pending your appeal in the Appeals Council.

Now, that is something that the majority of us don’t know about.

It is only in this appeal stage that the applicant is allowed to appeal and file a new disability benefits claim, both at the same time. There is no other time. An applicant should take this opportunity as there is a slim chance that he will be awarded benefits through the Appeals Council review of his case.

As soon as possible, appeal and new application should be filed. This you may do so with the help of a Social Security Law attorney in your area. But you may prefer to file the appeal yourself, only that it won’t be easy for you – not at all.

Getting the Right Doctor – and Attorney too – for SSDI/SSI

2008-09-10T22:28:00.000-07:00

The article “Getting the Right Doctor for Social Security Disability” provides an interesting insight about the treating physician’s cooperation when applying for social security disability or supplemental security income.

This is especially true because SSA decision on whether or not one is eligible to receive benefit payments largely depends on one’s medical records and/or findings by the physician. But, as the material pointed out, some physicians are reluctant to get involve in social security cases.

So finding a “willing” doctor, without compromising qualification and credibility, can be at times equally harder as the process of application and claim itself. It was explicitly suggested that one find a new physician – but chances are slim.

In this regard, why not find a good, experienced and qualified Social Security law attorney to assist you with everything that pertains to either SSDI/SSI? Everything means even finding the best doctor for you.

The Social Security Administration pays disability benefits under the following programs:

1. The Social Security disability insurance program. This program pays benefit to you and certain family members if you have worked long enough and paid Social Security taxes.

If your child’s disability started before the age of 22, he/she may also qualify for benefits on your earnings record.

2. The Supplemental Security Income (SSI) program. This program pays benefits to disabled adults and children who have limited income and resources.

You may call SSA toll-free number at 1-800-772-1213, visit their website at www.ssa.gov or consult with a Social Security Law attorney to know how to avail SSA disability benefits.

Bear in mind however, that SSA imposes strict qualifications and proof of severe medical conditions to be eligible to SSA disability benefits.

According to the SSA itself, for an initial application, you will have to wait at least 88 days. That’s about time to finish a round the world tour. And the hardest part is: 64% of initial applications are denied.

Disabled Man Denied Long Term Disability Benefits

2008-09-04T19:39:00.000-07:00

Truth be told, insurance companies oftentimes try to evade payment of benefits to the insured or to his/her beneficiaries.

Very recently, the real story behind the article “Injured man paid for disability insurance but isn’t receiving benefits” once again proves this point.

It narrates the story of one Charles Resendez, a man who faithfully paid his insurance premiums only to be denied coverage and benefits in the end. It appeared that he became disabled and was unable to work because of a physical illness.

But, as usual, he was denied of the benefits by the long term disability insurer.

What Charles expected as money compensation now that he is suffering from disability has gone kaput – nada. His case, however, is not entirely unheard of. If its any consolation – no, it cannot, really – he is not alone.

Many insurance policy holders of long term disability insurance are experiencing this. Private insurers will promise them coverage in this and that disability only to renege in their promise come claiming time.

This practice just doesn’t sound right.

If you or a family member experienced this unfair practice, contact your long term disability attorney right away. Its common public knowledge how people generally think about claim lawyers, but not everyone is what you think he/she is.

You can fight these scheming insurers with the help of a lawyer. It will be worth it. “Your long term disability attorney can tell you your rights under the policy which your insurance company, in all probability, didn’t tell you about.”

Disability Claims Basic Principles

2008-08-07T12:11:00.000-07:00

Browsing the internet, I have read so many articles stating the proper steps in disability claim application. Most of these write ups can be of great help for disabled workers, yet, some may only put their disability benefits imperil.

A successful claim can only be achieved if you were able to meet the requirements set by the law on Social Security. The basic principle is, your impairment must impede you from performing “substantial gainful activities” for a period of 12 months or such ailment is expected to cause your death. Other requisites will root on this.

Now, let me tell you my own list of tips in effectively pursuing a disability benefits claim.

Have an evaluation of the type of job you are into. If you are still working after filing your disability claim, be sure that your earnings do not go further than the maximum amount allowed under Social Security.

Consider having two or more physicians to check your medical condition. In this manner, you can have more experts to support your claim. There may also be a better possibility that the adjuster would believe that you are indeed disabled. Yet, you must be sure that your doctors all posses credibility.

Document all your medical details. Write down the names and contact information of your doctors and hospitals where you have been treated. As I have mentioned earlier, the approval of your claim will depend mostly on your medical records. Without giving the list of your health care providers, the adjuster may not have the means of getting in touch with them.

Have a detailed list of your previous and present work. Social Security requires all claimants to furnish a copy of their work history. If possible, accomplish this task in advance so that you may have enough time to think of your past jobs.

Most of all, do not attempt to give any deceitful information about your conditions. Social Security has all the means to track down these illicit performances. Doing this will only cause the denial of your claim.

Finally, do not be afraid of getting a denial on your initial application, you may always appeal your case with a competent Social Security lawyer.

Hitting the deadlines, a SSD Lawyer’s priority

2008-08-05T21:32:00.000-07:00

It is a fact that Social Security Disability claim pursuit is a hard hurdle and not easy. A reflection of this generalization is the ever influx of disability or impairment claims denials.

With the stringent requirements in claim pursuit along with its periods, I can fairly say that disability claim per se is something that needs deliberate planning and preparation and heeding with SS Lawyer is a must wager.

One time when I was doing my paper work in my office, I stumbled upon an email coming from an unknown person (by the way, I usually get emails of this sort) whose message contained his discouragement from his disability claim endeavor. In the main, he related how upset he was regarding the status of his claim and frustrated at the long delays.

From the calls I get, different issues were raised and given attention. As I reflect then, I saw that common question raises issues on “delays”, that is, delay emanating from the Social Security Office as to their claim resolution and delay emanating from their own representatives in ventilating their claims.

The delay that emanates from representatives or law firms is the one I wish to comment on. No matter how busy a lawyer maybe, it is worth stressing that hitting the deadlines especially in Social Security disability claims pursuit is always a priority.

Every lawyer or law firm should have a solid calendaring system to insure that no deadlines are missed. Giving a run-around reply to clients is not a good practice especially that issues relating to deadlines is the number one topic in any malpractice case.

Lawyers should have the deadlines of their cases under control.

Disability Hearing Lawyers, Your Weapon Against Long Run Disability Hearing

2008-07-22T07:44:00.000-07:00

“Aid long delayed”, the title of the news article reported in (The Columbus Dispatch) Dispatch.com, Sunday, July 20, 2008, written by authors, Alan Johnson, Catherine Candisky and Jonathan Riskind, related the story of a certain Gerald E. Cartee which up until now, has not receive his Social Security disability benefits. This story has bearings on the Social Security Disability Hearing growing complications.

Gerald E. Cartee, 57, of Worthington who worked as a medical records clerk until he became seriously ill about three years ago, has applied for Social Security disability benefits in July 2005. He has been wearing out of his application for benefits after Social Security Administration bureaucrats held to only update, and not resolve his case. He lamented and said, quoting, "You don't get anything out of them if you write or talk to them. It's like you're just another number."

Initially, the SSA held Cartee as not disabled, and that he can still work at his old job. He appealed the original determination, but the problem was that due to huge Social Security disability backlogs, Cartee along with thousands of other Ohioans benefit application are affected ending with holding back their benefit pursuits.

The author also laid related cases similar to Cartee that has now experiencing longer waits in their Social Security Disability Hearing and pursuits.

I share the same sentiments with Cartee and several others similarly situated and express concerns in their cloudy situations. As a lawyer practicing Social Security Law, I have handled like cases several times. Some of these cases where then pending and most are finally resolved.

All I can say on the aspect of long run Disability Hearing especially addressed to those who may have SS disability pursuit, is that, with the system that we have now, you cannot help but follow the rules thus laid and make good on your application. You can ask for representation and assistance of an adeptly qualified SS Disability Hearing Lawyers in these concerns to help you build viable and credible claims. They are your weapon for achieving what you desired and entitled under Social Security.

Social Security, Medicare and Cherry Blossoms

2008-07-16T07:05:00.000-07:00

It’s too early to say with definiteness that the greatest government insurance system in the world is on the brink of falling down. But I’m going to say it anyway – yes, the greatest government insurance system in the world is on the brink of falling down.

And the issue is just too hot to handle. So says the article from Los Angeles Times.

Apparently, the problem is that the program, which helps millions of elderly and disabled Americans, is unsustainable in the future. The program was reported to be facing “double jeopardy from rapidly rising healthcare costs and an aging society.”

The trustees released a report, which shows that Medicare spending will surpass Social Security in 2028 and grow to almost double the cost of the pension program in 2082.

Medicare’s problem was said to be “part of the larger dilemma of rising healthcare costs.” The article stated some proposals to prevent them.
1. Better coordination of care for the chronically ill
2. Pay doctors and hospitals for quality instead of sheer volume of services
3. Reduction of prescription drug costs
4. Emphasizing preventive healthcare

Somewhere else, some groups are blaming medical-related suits, thus blaming the lawyers, for the rising costs of healthcare. Now, that is unfair.

Medical malpractice suits arise not because there are lawyers, but because there are doctors who are careless and negligent. If doctors do their job well, there will be no suits. If they can’t do their job well, lawyers will come and do their own job that is, suing the doctors.

In medical malpractice suits, lawyers are just doing their job. Just as much as doctors are doing theirs. Arguably, the blaming game against lawyers must stop there. It isn’t us who should be blamed.

Anyway, the Congress is on its way in producing a Medicare bill that intends to forestall a cut in payments to doctors. Some are optimistic that it would help solve Medicare and other Social Security problems.

In the meanwhile, there is a growing sense of frustration in the country today. To borrow the words of another frustrated Health and Human Services Secretary Michael Levitt, “American’s sensitivity to entitlement warnings has become numbered by a repeated cycle of alarms and inaction.”

Here comes the good part, “We noted today in Washington that the cherry blossoms are out. That’s the way spring is in Washington. We see the cherry blossoms and hear Medicare warnings. The cherry blossoms go away, and nothing happens with Medicare.”

Life after Disability through SSI benefits

2008-07-01T08:29:00.000-07:00

What exactly is SSI Disability? What is its purpose?

SSI stands for Supplemental Security Income. It falls under Title 16 of the Social Security Act.

SSI is a program financed through general revenues and paid based on financial need. SSI disability benefits are payable to adults and children who have become disabled and with limited resources provided that they meet the living requirements under the program.

To be eligible to receive SSI, a disabled individual must have countable assets not exceeding two thousand dollars. Countable assets include the home other than the home in which a claimant lives and cars other than the car a claimant uses as his primary mode of transportation.

To my mind, SSI is more advantageous than the Social Security Disability Insurance (SSDI) because unlike SSDI, SSI is based solely on financial need. It does not consider whether one has work to entitle him or her for SSDI.

Moreover, there are people who have never worked all their lives because of incapacity or illness. These people may have been disqualified under the SSDI but may qualify for SSI benefits.

SSI benefits have been the refuge of people who are in financial crisis.

On one end however, I cannot help but think if SSI is the real solution. Will it not promote self-insufficiency? Will it not cause people to rely solely on this program rather than finding other source of living?

Well, I do not know, either. All I know is in this difficult times people need all available assistance to ease their financial burden.

New ALJ’s to Resolve Social Security Backlogs

2008-06-26T07:48:00.000-07:00

Following the examples stated in an article about the connection of marriage and Social Security benefits, a person having an eligible spouse may say; my future is secured. This is what exactly what Social Security aims to do, to make sure that all Americans will have their financial resources despite their unemployment or loss of a family provider.

Ever since and through the efforts of the Social Security Administration, the government has been providing financial assistance to the survivors of employees who died for whatever reasons. Yet, many still are having some difficulties regarding their applications for Social Security Survivors Benefits program.

It may not be new to you that the SSA may take more than a year to decide with a single application. This happens mainly because of the inability of the SSA to cope up with the growing number of Social Security claimants. Consequently, many benefits applications take long period to be decided upon.

However, in a statement released by the SSA last February, the government has begun opening its doors for new Administrative Law Judges as their initial plan in resolving Social Security backlogs. I just hope that this step will work for the advantage of the claimants.

As for the claimants, I certainly advise them to hire their representatives for them to have well-organized applications. Again, most Social Security Survivors benefits claims fail to gain positive results due to the applicants’ failure to present their qualifications and provide proper documents.

A credible Social Security lawyer has the capability of managing this type of endeavor and make sure that all the procedure are being pursued properly.

Disability Claims: liberally construed in favor of the employee

2008-06-25T07:46:00.000-07:00

The 6-3 decision in favor of Glenn reflected the United States Supreme Courts’ view that Labor Laws, more particularly those covering employee benefits, should be liberally construed in favor of the workers. The whole story can be read in the news published last June 20 entitled, “Disability Claims: liberally construed in favor of the employee”

I agree with the Court when it held that benefit denials should be carefully scrutinized by the employers and the insurance companies, especially when such denials would result to devastating financial situations on the part of the employee.

It is really a life-shattering experience to find out that all your life, you’ve been giving your contributions, and then suddenly, just when you are about to need them, these contributions would just go down the drain.

A conflict of interest often occurs when the one who evaluates the claim and the one who pays the claimant are the same person. Unfortunately, the Congress authorized the insurance companies to perform both acts, without giving the judges the necessary guidelines on how to reconcile the possible conflict.

By coming up with the “combination-with-factors-method-of-review”, the judges can finally, determine whether the insurance company meticulously studied the different factors revolving around Glenn’s case. Moreover, by using said method, they found out that the insurance company did not.

Relying mainly on the written medical records of Glenn, the insurance discontinued her disability benefits. The insurance company ultimately disregarded the statement of Glenn’s physician asserting that Glenn is incapable of working.

The company’s conflicting interests had blinded it from realizing that employment benefits are primarily created by Congress in favor of the workers. Hence, these benefits should be interpreted liberally for the employees when they give the company no reason to rule otherwise.

Will our retirement pension suffice?

2008-06-24T07:18:00.000-07:00

Recent studies done by the Employee Benefit Research Institute show that people are being too confident about their future financial situations. The institute states that majority of the people wants to maintain the same standard of living they have now when they retire.

Combining social security benefits and other pensions, the citizens’ income will still fall 10% short of what they would need when they retire.

Factors such as the following play a huge part why retirees are considered at risk:

People maintain the standard of living as they have now;
People spend more than they earn or receive;
People do not save enough for their future. 24% of workers are not saving at all for retirement;
Health costs continue to rise;
17% of workers had the level of their retirement benefits cut by their employers; and
Only 41% of income-earners have pension plans.

What should we do about this? Let’s face it. We cannot rely on anyone else except ourselves to come up with a solution. If we keep on spending every cent that we earn, without even worrying about our retirement, then we really are in deep danger. People should learn how to save, especially for our health and retirement. Our health should be our number one concern.

Also, pensions and benefits offered by the Social Security and other insurance firms can be a huge help. They provide programs, which will help you put your financial worries in order.

But understanding the how-tos of getting these programs can be a bit confusing. It would be better if you consult your retirement benefit queries with a Social Security lawyer.

Federal and State Disability Welfare Benefits

2008-06-06T07:52:00.000-07:00

Social Security Disability Insurance (SSDI) is the main federally administered disability welfare benefits granted to eligible individuals with disability. It is aimed at providing income to people who are unable to work because of a disability. SSDI is said to be as the nation's comprehensive means-tested program of income support for individuals with disabilities (adults and children) and the elderly.

Aside from these federal benefits, various states have also their own version of this kind of disability welfare extended to people suffering from any disability. This however was not directed to overlap or strike down the federal Social Security benefits but was aimed as a supplement. Put it differently, the state mandated disability benefits are provided under the guise of providing additional assistance or exemption strategies.

Many states make efforts in their policies and practices to accommodate people with disabilities. Take the case of State of California, where it provided a disability grant coined as the California State Disability Insurance (SDI) to California workers where its main concern is to provide partial wage-replacement insurance plan.

As I relate with all these disability welfare benefits, these are all too good for all the people with disabilities. These grants can help them live sustainable lives despite their disability circumstance. Whether it is Social Security Disability Insurance (SSDI) or state mandated benefits like the California State Disability Insurance (SDI), both are useful provision that every qualified disabled should take.

However, filing a claim for any of these disability welfare benefits, federal or state grant, has relative intricacies in that it would necessitate facilitations of an Attorney representative to complete a successful claim. In SSDI claims, a Social Security Disability Attorney can be of use.

Advocates Working on your Disability Insurance Benefits

2008-05-29T15:50:00.000-07:00

Determining and establishing your eligibility for disability insurance benefits under the rules of the Social Security Administration can be so demanding. This is true for the majority of claimants who are trying their luck and pursue their respective applications.

I am just figuring out why most claimants must undergo terrible scenarios wherein they must endure the long wait and yet, arrive in the denial of the cases. All eligible workers must receive the disability benefits due to them.

For those who are still planning to file their applications with the SSA, better closely check on these questions before initiation your claim:

• Is your medical condition meets the definition of Social Security regarding disability?

• Have you acquired enough work credits by paying your Social Security taxes?

• Are you receiving other types of benefits from the SSA?

• Is your age enough to be eligible for retirement benefits?

• Is your condition covered under Social Security’s special rules?

As you can see, the Social Security rules and procedures on disability insurance benefits necessitate basic knowledge on its complicated provisions. Yet, the good thing is, the claimants are also given the option of hiring their own representatives in filing claim.

Thus, although appointing an attorney or non-attorney representative involves some amount of money, its advantages can be so rewarding. A fraction of your benefits is just too small compared to the amount of hardships that you may experience in filing and waiting for the decision of the adjuster.

There are lots of qualified Social Security attorneys in Los Angeles who can expertly provide their assistance. You just have to pick the most reliable representative and have your application going before the allowable period of filing prevents you from doing so.