These pages are where you will find information, ideas, suggestions and the like, from the attorneys at The Law Center for Social Security Rights, pertaining to the world of Social Security Law, especially as it affects Michigan claimants. Return to these pages often to find out what's new. |
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| Here are some of the most recent posts by our attorneys. Click here for other options. |
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| February 13, 2012 by Cliff Walkon
at 9:34 PM | | |
| | Returning to Work | | |
| | | There are instances where our clients return-to-work after having filed an application for disability benefits. Often times, the client is under the mistaken belief that because they returned to work that their claim must end without the payment of any benefits. Before a client dismisses a pending claim after returning to work or abandons their claim, they should consult with their attorney to determine whether or not they may be eligible for the payment of a closed period. That is to say that if the claimant has been off work for 12 months or longer because of a disability and an inability to work, that individual may be entitled to a closed period of disability. A closed period is a period of time in which benefits are paid with a beginning date and an ending date. This differs from a claim where past due benefits are paid and ongoing benefits continue thereafter. The client or potential client should not be too quick to abandon a claim where a closed period is justified. |
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| February 13, 2012 by Cliff Walkon
at 9:33 PM | | |
| | Fibromyalgia | | |
| | | In a social security disability & SSI claim, it is important to present as much medical documentation as possible to establish your medical problem(s). For example, if you suffer from fibromyalgia, a chronic arthritis-like disorder, which is characterized by widespread pain, it would be helpful, if you had documentation of sensitivity to pain, incapacitating fatigue, anxiety, and/or depression. Although there are no diagnostic lab tests that are available for fibromyalgia, the diagnosis is typically made when the patient continually reports a history of widespread pain lasting more than 3 months and the presence of at least 11 tender points that are extraordinarily sensitive to pain. |
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| February 13, 2012 by Cliff Walkon
at 9:33 PM | | |
| | Chronic Fatigue Syndrome | | |
| | | In a social security disability & SSI claim, it is important to present as much medical documentation as possible to establish your medical problem(s). For example, those who suffer from chronic fatigue syndrome, a complex disorder with a combination of symptoms of unknown cause, can establish their disability claim with documentation of loss of memory, loss of concentration, sore throat, painful lymph nodes in the neck or arm pits, unexplained muscle or joint pain, and extreme exhaustion. Although there is no lab work or other diagnostic procedures that exist to confirm the presence of chronic fatigue syndrome, the diagnoses is based, typically, on exclusion of similar disorders. |
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| January 31, 2012 by Cliff Weisberg
at 2:59 PM | | |
| | How To Choose Who To Represent You In Your Claim | | |
| | | Answers you should have to 20 questions BEFORE you decide who should represent you in your claim for Social Security disability or SSI.
Here are the first 5:
- Are your offices in the State of Michigan?
You want a local attorney who is known and respected by the judges in your home State, especially if your case is close and can go either way.
- Are you knowledgeable about the non medical rules for SSI?
Do you know what in-kind support and maintenance means? What are the breakeven amounts to qualify? What are the rules for presumptive disability?
- When do you want to be contacted about my claim?
The attorney should say he wants you to contact them BEFORE YOU FILE. Sometimes there are several strategies that may allow for a quick approval of your claim if you wait to file. At other times you want to file immediately especially if you may be entitled to presumptive disability.
- Do you know what a PERC is and will that apply to me?
Only in SSI claims, after you successfully prove you are disabled, a Pre-effectuation Review Conference (PERC) must be conducted to make sure you still meet the NON medical requirements. Many representatives abandon their claimants after the medical decision allowing the claim is made, then leaving the claimant on his own to answer many technical questions that will directly affect the amount of the monthly benefit.
- Will you advance the costs needed to obtain the medical evidence to support my claim?
Many firms are not properly funded to advance the necessary funds needed to obtain the evidence to prove disability. Doctors, hospitals and other information sources charge fees for providing the evidence that will support the claim.
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| January 26, 2012 by Cliff Weisberg
at 10:42 AM | | |
| | Cliff Weisberg’s Latest Presentation | | |
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Cliff Weisberg was invited by the Dept of Social Work at Oakwood hospital in Dearborn Michigan to present a 2 hour seminar on social security disability and SSI. The program was attended by nurses, administration and management personnel as well as several social workers and case management folks.
As far as we can tell, Mr. Weisberg is the only attorney in Michigan who has been authorized to give 3 credits of continuing education to both social workers and case managers who attend his 3 hour seminar on the basics of SSI and social security disability. He is also authorized to give 3 credits for his specialized seminar on Child SSI. He has been invited by numerous health providers and advocacy groups to do these presentations for many years. In the last year he has spoken at St. John Hospital, St. John Oakland, Sparrow Hospital, National Association on Mental Illness, Kadima, The Children's Center, Rainbow Rehabilitation, Area Agency on Aging 1B, Hope Network, Macomb County Community Mental Health, Special Health Services of Detroit, Brain Injury Association-Flint Chapter, Lansing MI Headstart, and St. Clair County MI Health Dept.
A special seminar is scheduled solely for the healthcare community for March 29, 2012 in Livonia, Michigan. This will be a 3 hour seminar that will allow social workers and case managers who attend to receive 3 continuing education credits. This will be the 12<sup>th</sup> year Cliff Weisberg has given this seminar. In the past more than 250 healthcare professionals have attended including physicians, nurses, and rehabilitation specialists. Literally dozens of folks had to be turned away because of capacity limitations. Shortly, we will post some of the evaluations that were completed by past attendees. |
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| January 23, 2012 by Cliff Walkon
at 10:04 AM | | |
| | The Wait Time for a Decision | | |
| | | The Social Security Administration has made significant strides in reducing the time period for a hearing before an Administrative Law Judge. However, a problem in the system still persists. There is no rule or regulation mandating the time in which an Administrative Law Judge is required to issue a Decision after a hearing. This can result in substantial delays. Most Administrative Law Judges issue a Decision, promptly. However, there are instances where it cane take four months or longer for a Decision to be issued. There should be a rule requiring that an Administrative Law Judge issue a Decision, promptly, such as within 60-days of the hearing. This would expedite the payment of benefits when a Decision is Favorable to the claimant. Conversely, if a Decision is Unfavorable, at least the claimant knows that he/she needs to file an appeal, if so desired. I have, personally, known of instances where a Judge will take over six months to issue an Unfavorable Decision, with the claimant having to wait for the Unfavorable Decision before an appeal can be filed or pursue a new application. This, certainly, is unreasonable and should be remedied. Let us hope that the Social Security Administration acknowledges that there is a problem and takes measures to correct it. |
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| December 1, 2011 by Cliff Weisberg
at 2:09 PM | | |
| | The Attorney You Select is YOUR Choice! | | |
| | | Please be aware that as a claimant for Social Security Disability for SSI benefits, you may choose ANY attorney you wish. You do not have to hire an attorney or representative referred to you, or provided by, your medical provider, mental health clinic or hospital. When filing for disability benefits, it is important to choose an experienced attorney who is knowledgeable and will aggressively represent you!! |
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| October 16, 2011 by Cliff Walkon
at 3:05 PM | | |
| | Prescription Drug Coverage | | |
| | | Some Medicare beneficiaries, with limited income, may be eligible for low-cost prescription drug coverage. Many eligible individuals have not applied. Under part D’s Extra Help Program you pay zero or reduced premiums or deductible and low co-payment for prescriptions. You qualify if your annual income is less than $16, 335.00, if single, and $22,065.00, if married, and your resources are worth no more than $12,640.00, if single, or $25,260.00, if married. To apply, you should call 1-800-772-1213 or go to http://www.ssa.gov/pubs/10525.html. |
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| July 6, 2011 by Kerry Spencer
at 4:00 PM | | |
| | Parkinson’s Disease | | |
| | | In a social security disability & SSI claim, it is important to present as much medical documentation as possible to establish your medical problem(s). For example, when you suffer from Parkinson’s disease, a degenerative disorder of the central nervous system, it is helpful if you can establish symptoms such as: tremors of the hands, arms, legs, or head, stiff muscles, balance problems, and/or, walking difficulties.
Although there are no lab tests that can diagnosis Parkinson’s disease, it is typically diagnosed by a clinical examination. |
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| July 6, 2011 by Cliff Walkon
at 3:59 PM | | |
| | Drug Addiction and Alcoholism & the Social Security Evaluation Process | | |
| | | Drug Addiction and Alcoholism (DA&A) can affect your eligibility for disability. Under Social Security law, the DA&A regulation states that "[I]f we find that you are disabled and have medical evidence of your drug addiction or alcoholism, we must determine whether your drug addiction or alcoholism is a contributing factor material to the determination of disability. The key factor we will examine in determining whether drug addiction or alcoholism is a contributing factor material to the determination of disability is whether we would still find you disabled if you stopped using drugs or alcohol”.
In order to have DA&A not effect a finding of disability, the Social Security Administration (SSA) must decide whether the individual would still be disabled if the drug or alcohol usage stopped. To make that determination, SSA will evaluate the claimant's current physical or mental limitations and decide which of those limitations would be disabling had the use of drugs and alcohol stopped. If SSA finds that the remaining limitations would not be disabling, then the DA&A is a contributing factor material to the determination of disability. However, if SSA finds that the remaining limitations are disabling, you are then considered disabled independent of the DA&A. |
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| June 21, 2011 by Cliff Walkon
at 10:38 AM | | |
| | Lupus | | |
| | | In a social security disability & SSI claim, it is important to present as much medical documentation as possible to establish your medical problem(s). For example, when an individual suffers from lupus, a chronic inflammatory disease, it is helpful to have documentation of symptoms such as: fatigue, rash, joint pain, joint swelling, and possible kidney, heart or lung damage. Testing such as blood work and x-rays can certainly solidify your diagnosis. |
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| June 13, 2011 by Cliff Weisberg
at 9:41 AM | | |
| | New Quarterly Client Newsletter | | |
| | | I am happy to announce we have launched a new quarterly newsletter for our clients. Mailing went out last week. If any of our former clients did not receive the first edition, contact the Law Center and advise the staff. You can call our toll free number (1-800-832-3471) and speak to either Vanessa, Melanie or Violet. We will keep our family of clients current on information that may affect their ongoing benefits. The first newsletter reminds our clients that having gone through the tough and often long fight to obtain their monthly benefits, there is an obligation to help the next person, whether it be a relative, friend, or acquaintance, facing the challenges ahead. We ask that you encourage that person to contact us as soon as possible, even before filing the claim. A little guidance from us from the beginning can often bring a little faster and more accurate result. |
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| June 3, 2011 by Kerry Spencer
at 10:06 AM | | |
| | Social Security No Longer Issuing Paper Checks | | |
| | | Individuals who begin receiving Social Security benefits after May 1, 2011, will no longer be receiving paper checks. The Social Security has "gone paperless", issuing benefit payments via direct deposit or prepaid debit card. This method of payment will allow Social Security recipients to have immediate access to their benefit payments, rather than having to wait to deposit or cash a check. Additionally, this move is a cost-saving effort by the federal government as it is projected to save over $1 billion over the next decade. |
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| May 26, 2011 by Cliff Weisberg
at 5:07 AM | | |
| | Why choose The Law Center? | | |
| | | Our fundamental goal is to get a claim allowed as early as possible. Unless an attorney or other representative knows what an OTR is, his or her client is probably dealing with an amateur. SSA doesn’t limit those who can represent sick and debilitated people to licensed attorneys. Many suffering people are at the mercy of poorly trained so-called advocates or firms that show up as an advertisement on the Internet touting all of the “wins” they have had. BEWARE. If a claim is strongly supported by treating physicians and other medical professionals, and the claim is properly developed and researched by the claimant’s experienced attorney, the benefit of an OTR is often the result. WHAT IS AN OTR? It is an On The Record decision, NOT requiring the long wait for a hearing to be scheduled, resulting in full benefits to the claimant. It takes skill, knowledge, experience, and aggressive action. WARNING, do your homework BEFORE you choose who will represent you. |
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| April 29, 2011 by Cliff Weisberg
at 1:02 PM | | |
| | An Update on our work with the Healthcare Community and Outreach to Advocacy Groups | | |
| | | Just had a delightful week training a group of social workers, nurses, and case managers affiliated with St. John Oakland/Macomb Hospital. This was a 3 hour intense seminar teaching the basics of SSI and Social Security disability. Also had the pleasure of conducting a question and answer session for the Brain Injury of Michigan support group of Flint, Michigan. Coming up will be a question and answer night for parents of special needs children set for May 5th at Belleville High School in Belleville, Michigan. We also have scheduled appearances at the National Alliance on Mental Illness in Troy Michigan and a 3 hour training session for the social workers affiliated with Macomb County Michigan Department of Mental Health. I should also mention we had 200 people attend our sponsored seminar in Livonia, Michigan on April 8th. In fact we had to turn a way over two dozen folks because the hotel ballroom not handle the overflow. As you can see, a very, very busy April and May. |
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| April 10, 2011 by Cliff Weisberg
at 9:51 AM | | |
| | SSA has announced they are revamping the medical criteria used to evaluate endocrine disorders | | |
| | | SSA has announced they are revamping the medical criteria used to evaluate endocrine disorders. Basically, this section deals with disorders of glands including the thyroid, pituitary, parathyroid, adrenal, and most particularly, the pancreas. The entire section dealing with diabetes, both type 1 and type 2 are being modified significantly. This blog does not allow me to really go into detail, but if you are a healthcare professional, and have subscribed to our newsletter, you will receive a summary of the major changes in our next issue. If you need immediate guidance, please call us at any time. As you know, we never charge for consultation and would be delighted to help you. |
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| March 29, 2011 by Cliff Walkon
at 1:36 PM | | |
| | Administrative Law Judges are increasingly taking obesity into consideration | | |
| | | Administrative Law Judges are increasingly taking obesity into consideration, especially when the claimant suffers from back, knee, ankle, and/or breathing problems. It is important for lawyers to point out how obesity aggravates these conditions. |
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| March 8, 2011 by Deanna Kaniowski
at 12:48 AM | | |
| | Call an Attorney EARLY! | | |
| | | Many times, individuals wait until after their hearing is scheduled and they are denied by an Administrative Law Judge before they call an attorney. An attorney can be contacted before an application is even filed. It is especially important to contact an attorney BEFORE your hearing is scheduled in order to obtain representation. Once you are denied benefits by an Administrative Law Judge, there is very little an attorney can do to assist you in obtaining benefits. |
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| March 5, 2011 by Cliff Weisberg
at 11:05 AM | | |
| | A SOCIAL SECURITY AND SSI NIGHTMARE | | |
| | | Yesterday, I received a call from a woman with severe multiple sclerosis, commonly referred to as secondary progressive MS. She lives with her husband, and he was working 3 jobs just to keep their insurance so they could afford her medication. He became burned out and so this young woman, we will call her Beth, filed for SSI. She called the Social Security Administration telecommunications center and they arranged for her to file her SSI claim by phone, setting up a phone interview with the servicing field office in Lansing, MI. After advising the claims representative, who is supposedly highly trained to handle SSI claims, the amount her husband earns monthly, approximating $ 765 every two weeks, she was told the family income is too much to qualify for SSI and refused to take the claim. This was BLATANTLY WRONG. Somehow, Beth decided to check the yellow pages for the Lansing area, and found our small ad. She called me, and after hearing the facts, I was horrified. I have practiced Social Security and SSI law for over 40 years. The claims representatives are highly trained for taking these types of claims. The SSA representative was totally WRONG. I immediately obtained the phone number of the field office manager, and after explaining what happened, set up a 3 way conference call. Sure enough, this woman DOES meet the requirement, basically meaning that the family unit is POOR enough to qualify for benefits. The Manager apologized for the error, set up a new interview with a different claims representative, and informed Beth that she would qualify for full Medicaid and approximately $300 per month. Beth said that would be like 3 million to them and could not thank me enough for my help. This should never had happened. Can you imagine how many others out there, sick, destitute, trying to keep a roof over their head and food on the table, and get from their government totally false information, of course on which they rely, and never follow up to confirm the information they were given is correct. PLEASE, IF YOU OR SOMEONE YOU CARE ABOUT HAS BEEN TOLD THEY DO NOT QUALIFY FOR EITHER SSI OR SOCIAL SECURITY DISABILITY, GET IT CONFIRMED BY CALLING OUR LAW CENTER AND TALKING TO ONE OF OUR KNOWLEDGEABLE ATTORNEYS. THERE IS NO COST OR OBLIGATION. WE WILL HELP YOU UNDERSTAND THESE COMPLEX PROGRAMS. Now you know why we advertise on radio and television, present seminars to all types of support groups and advocacy organizations, and invited to train nurses, doctors, social workers, case managers, at clinics, hospitals, medical centers, and colleges throughout the State of Michigan. If you have an organization, support group, medical facility, etc, and want an intense training session to under stand Social Security and SSI, AT NO COST, call our Center and ask for Marilyn who will be glad to schedule your organization, group, or health facility for this training. |
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| March 5, 2011 by Kerry Spencer
at 11:00 AM | | |
| | What factors Social Security does not consider in making its determination? | | |
| | | When applying for social security disability, it is important to know not only what qualifies for disability but also what factors Social Security does not consider in making its determination. For example, Social Security does not deem the inability to find a job important. Rather, Social Security only looks at whether you medical condition prevents you from working. Living in Michigan, you may think this is unfair due to the repressed economy. Don’t get caught in this trap- it’s not material to Social Security as they do not consider whether you would be hired, whether a job opening exists or whether you want the job. Also, the fact that you have a blanket statement from your doctor stating you are disabled is not something that is critical. However, Social Security does consider your doctor’s opinion regarding your limitations as long as these statements are supported by the medical evidence. Also, it is important to know that to qualify for Social Security benefits you must be disabled according to their definition. Unlike other disability programs like Workers Compensation or the Veterans Administration, individuals do not receive a disability rating and there is no partial disability. Either you meet the definition of disability or you do not. |
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