Court Rules No Additional Disability Benefits for Former NFL Player Gene Atkins

After several attempts of applying for an increased disability benefits, a federal appeals court has finally denied former NFL player Gene Atkins’ recent appeal.

During his entire NFL career, Atkins played as defensive back for the New Orleans Saints, respectively from 1987 to 1993. Thereafter, he also played for Miami Dolphins from 1994 until 1996. In December 2004, he applied for disability benefits several times and has been granted with initial benefits in 2006.

However, Atkins wanted more than that, which was why he aimed for a more generous benefit called the Football Degenerative. Consequently, he filed a lawsuit against Bert Bell/Pete Rozell NFL Player Retirement Plan after he was repeatedly denied greater disability benefits.

Unfortunately for Atkins, until h is last moment of appeal, the three-judge panel of the 5th Circuit Court of Appeals supported the previous decision denying his request for increased disability benefits.

Incidentally, the NFL Player Retirement Plan’s disability benefits has two levels—one is the “Inactive level,” which currently pays Atkins, and the other one is the “Football Degenerative level,” which awards recipients with more money.

Further explaining the difference of the two, inactive benefits apply only to players whose disability was the result of something other than football, while degenerative benefits apply only to players whose disability was a direct result of an injury or occurrence in his time of NFL career.

In the recent resolution, the court cited mixed medical opinions from doctors, which apparently did not clearly prove that Atkins’ disability arose from playing professional football.

Meanwhile, a Los Angeles long term disability lawyer theorized that Atkins apparently did not exhibit any changes in his circumstances, that is why his claim was often denied. Keep in mind that modified or updated medical records and other legal documents should be clear and convincing in such appeals.

Keeping Up Your Social Security Disability Benefits

The social security disability benefit is a program created to provide medical care and financial assistance to those who cannot pursue on their job due to disabling condition.

However, being awarded with social security disability benefits doesn’t necessarily mean that you may have the benefit during your entire lifetime. Basically, your claim may come for review in the future.

A case review usually comes up in as early as eighteen months. This can typically happen particularly in cases where it seems like the condition is more possibly to improve in the very near future through surgery or proper medical treatment. 

Therefore, in order to keep your disability benefits, it is important to keep on seeing your doctors regularly. It is strongly recommended to see a doctor at least every three months in order to maintain regular treatment. Incidentally, there are probably several doctors in your state who charge a reasonable amount or offer their services for free.

Actually, it takes only one thing and it is to regularly see your doctor since the Social Security Administration (SSA) wants to know that disabled people are trying to get better. However, a Los Angeles social security disability firm enumerated several important things that should go after the major step in maintaining a disability benefit.

Recipients must always remember to:

•    See your doctor on a regular basis or as much as every three months.

•    Follow your doctor’s orders like taking your medicines and getting x-rays and blood tests.

•    Consult or talk seriously about the pros and cons of any suggested surgery or medical procedures.

•    Inform your doctors about certain changes or any physical symptoms you may be experiencing, if there is any; and whether it is for better or for worse. If there are no changes, let your doctor know it as well.

•    Avoid drugs, tobacco, and alcohol use. SSA is also on its way, tracking whether you are doing anything that could possibly harm your health or worsen your condition.

Keep in mind that if your condition has not improved to the extent where you would not be able to return to your usual job and you have maintained regular treatment as enumerated above, there is no other reason to lose your disability benefits during reviews.

Federal Government Finds Ways to Save Disability Benefits from Insolvency

Today, the number of social security claimants has reached 3,226,790, which means that each day in the United States, there are 33 new people applicants signing up for Disability Living Allowance. 

It could be recalled that the social security disability benefit was created decades ago to help people who are unable to work due to disabling health conditions. Since then, the multi-billion program had prevented many Americans from financially struggling and sliding into total poverty.

However, in the past few months, the program itself seems to be inflicting further damage to the country’s slumping economy. Recently, more and more Americans qualified for disability benefits than land in a job despite the fact that the program is getting broke due to budget deficiency. In fact, from 1992 up to now, the total number of people relying on disability benefits had tripled.

Now, the current administration and the congressional Republicans are considering reforms to save the program from insolvency.

In a report released by the Government Accountability Office (GAO) and the Congressional Budget Office (CBO), it was revealed that they are weighing whether or not to consider narrowing the health eligibility standards for receiving benefits. Actually, guidelines for those suffering from mental disorders and simple muscle pain were last updated in 1985. Tighter criteria would definitely limit application, thereby reducing the costs.

In a separate analysis released by the CBO, the government could save up to $22 million by 2022 from reducing benefits across the board by 15 percent. It means that the disability benefits for any beneficiary older than 62 will be reduced. Also, it is considering a raise in additional tax revenue, particularly for SSDI.

Another risky option discussed by federal officials is increasing the share of social security tax revenues pointed toward the disability program. It was despite the fact that the expense would come from a portion of the trust fund for retirees that was already foreseen to reach bankruptcy by 2035.

On the other hand, disability advocates like the American Association of People with Disabilities and the National Organization of Social Security Claimants Representatives declare their disapproval at any efforts that may limit either the number of people eligible for disability or the sum of disability benefits.

Also, a Los Angeles social security disability firm agrees that the program has become a substitute for unemployment since there are a lot of eligible people with severe health problems who still count on it for daily sustenance. The government should instead focus in cracking down frauds before considering any option that may harm the disabled community, said several disability advocates.

Social Security No Longer Seeks Information from the Internet in Deciding for Disability Benefits

Last month, the Social Security Administration announced that its disability benefit claim judges will no longer be looking out for information from any website when deciding disability cases.

Some of those judges claimed that taking such significant tool would help in exposing fraud. Meanwhile, several of the agency’s officials said that reviewers cannot rely on information posted online and that the simple act of typing in queries could put the protected private information at risk. Therefore, judges shouldn’t even try accessing SSA claim applicants’ personal information online.

The agency’s ban covers all websites, including social media particularly Facebook and Twitter.

On the other hand, Senator Tom Coburn, an Oklahoma Republican and a major taxpayer watchdog, said that avoiding online provided information could possibly meant giving up a very important weapon in detecting fraudulent claims. Sen. Coburn added that even federal courts are relying on the Internet in handling some disability cases.

In his letter to the Social Security Administration’s commissioner, Michael J. Astrue, Sen. Coburn explained that when a person claiming to be disabled publicly posts his or her own picture participating in any sport or strenuous activity, such information can be used by adjudicators to know whether the claimant is indeed disabled, or just feigning it.

The debate mounted modern-age questions regarding the personal information that people make publicly available on the Internet, and how careful government agencies should be in gathering information when it comes to granting disability benefits.

Social security officials said that they don’t oppose using the Internet in gathering important information, but simply want judges to go out and conduct an actual inspection. The agency further affirmed that determining frauds is a job for fraud investigators that would be given proper attention later in the process.

Several Los Angeles social security claim lawyers agreed with the agency’s spokesperson, Kia S. Green, in her message suggesting that adjudicators should stick with their time-tested ways of investigating disability benefit claims.

Years ago, adjudicators were used to decide on cases effectively even before the advent of social media sites and other websites that are providing personal profile. Therefore, the agency officials believed that adjudicators can still perform their jobs quite efficiently even without relying on the internet while investigators can effectively perform fraud tracking.

Social Security Administration Begins Paying Social Security Disability Insurance Electronically

It was last year when the Social Security Administration (SSA) began paying Social Security Disability Insurance (SSDI) via electronic payment to new recipients since the US Treasury Department phased out paper checks.

Meanwhile, for the old recipients, they still have until before March 1, 2013 to switch to electronic payment through an account of their choice.

Effective March 1, 2013, all social security disability insurance beneficiaries will receive their benefits via electronic means. Therefore, beneficiaries should carefully plan prior to the said date.

Beneficiaries who are still currently receiving social security disability insurance via pay checks may opt to have their benefits paid to them either through direct deposit into a traditional bank, and other financial institutions they prefer.

To switch their accounts, beneficiaries must visit their bank or other financial institutions.

This concept aims to slash huge amounts off the agency’s spending over the next decade. The agency is expecting to save up to $1 million for the next decade once the government refrains from issuing paper checks.

As the Social Security Act recommend, the government must provide monthly benefits to claimants who can no longer work due to their old age or severe disability. However, getting a positive result for Social Security Disability Insurance can be a long process. Therefore, expect that switching to an electronic account may probably take some time, too, that’s why it’s best to start its processing as soon as possible.

In case a problem occurs while you are switching for the electronic payment, don’t feel hesitant, since there are people who can answer all queries and guide you with any of your concerns regarding disability benefits.

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

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.

New Policy Prohibits Two SSD Applications at the Same Time

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.

Obama Supports Social Security Income Cap Increase

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.