FAQ #4: “What is the law on disability?”

The law on disability is a federally enacted law by Congress and regulations that are codified by the Social Security Administration pursuant to those laws. The hearing process includes a multi-tiered system. A disability claimant has to go through the same process no matter where the live in the United States. At Drummond Law, LLC we represent Social Security Disability claimant’s primarily in Illinois and Missouri who can no longer work because of mental or physical problems that prevent their employment. When a person feels that they are disabled and can’t work they have to file an initial application. Whether this is done online, through the mail or over the telephone, it is assigned to a local Social Security Disability office. All claims, including ones in Illinois and Missouri are assigned to a local office. The local office that is assigned a claimant’s file determines where the claim will be processed.

The initial stage of a claim is determined administratively within the Social Security Administration. If the initial claim for Social Security Disability is denied, a second request can be made for a “reconsideration”. At this point, the disability claimant will have the evidence in their claim sent to a third party, usually a state agency to make another determination. Usually at the reconsideration level a claim is also denied and hearing is then requested.

All Social Security Disability hearings are heard through a division of the Federal government who provides Federal Administrative Law Judges who hear Social Security Disability claims of individual claimants, those represented by attorneys or themselves.

The process is the same for Social Security Disability claims, Social Security Disability Widow’s claims, Children’s claims, SSI claims and Cessation claims.

Usually a hearing will take in excess of 18 months to be scheduled regardless of where you live and the disability claimant and his representative or attorney, if they have one, then appear before the judge and a new decision will be made.

The administrative law judge at the hearing will then make his decision to determine what if any onset date would apply to the claimant.

If the Social security Disability claimant is dissatisfied with the decision of the Administrative Law Judge an appeal can then be taken to the administrative appellate body called the Appeals Council. Here the legal issues must be raised as to why the judge’s decision was erroneous. If one is dissatisfied with the decision at the Appeals Council, an appeal must be taken to Federal District Court. An attorney licensed in that particular Federal District Court must process this claim unless the claimant wants to do it pro se. Non-attorneys cannot represent people as representatives in Federal District Court. If one is not satisfied with the Federal District Court opinion the law makes provision for appeal to the United States Court of Appeals. This a remedy that is seldom used because of the time and expense involved. Once again, one must be a licensed attorney in order to represent a claimant in a United States Court of Appeals claim.

Common Mistakes Made when People Apply for Social Security Disability: Part 3—Underestimating your Affliction

Many people who apply for Social Security disability benefits have never experienced disability before. They don’t know what it’s like, and they have little idea about how tough it can be. And sometimes people are just too proud when they apply for social security disability to fully assess and realize how tough their disability may be. It’s a mistake to underestimate the impact being disabled will have on your life.

We don’t want to get anyone down—many find that living with a disability can lead to a happy and fulfilling life. Many find strength they didn’t know they had while many find purpose in connecting with and helping others experiencing a similar condition. We want to make this clear: having a disability is by no means a less satisfying life. But it’s not easy, either. It can be jarring the way a disability will affect the normal things you did every day after you apply for social security disability.

It’s also important to be honest with Social Security disability program when describing your disability as you apply for social security disability. Don’t be too proud to leave out certain things. And make sure that you fully explain your situation. In a recent case, a 50-year-old grandmother explained to the Social Security disability program that she was taking care of her grandchildren. Thinking that since she was able to care for her grandkids meant that she was capable of working in a daycare, she was denied Social Security benefits. What the grandmother failed to mention was that her grandchildren were teenagers and that they were largely self-sufficient. Don’t make a mistake like that when you apply for Social Security disability benefits. Be thorough and honest.

7 Things you may not Know about Social Security Disability

1. Most Social Security Disability Applications are Turned Down

75% of all initial social security disability applications are denied. And nearly 80% of all first-time appeals are denied. In social security disability hearings, about 50% of all cases are denied.

Needless to say, it’s a tough process. But stats also show that social security disability attorneys win between 75-90% of their cases. That’s because they know the strategies that work. They’re familiar with the often complex and esoteric social security disability laws.

2. Thorough Medical Records are Important

Social security disability providers may request that some documents or forms are completed. If this is requested, then it’s important to fill out all forms and return them as quickly as possible, since your social security disability case may be denied is this important information is not received.

3. Consistent Reporting of Medical Conditions is Key

Social security disability may look for discrepancies in past statements on your disability applications. They will also look for changes made in testimony and other forms. So it’s important to stay honest and keep the statements about your condition consistent.

4. The Social Security Disability Organization doesn’t always Decide your Case

Social security disability is not the organization that will make the final medical decision in your social security disability case. Another state agency handles that. But there’s an exception: if your case is presumptive. That means that if certain conditions are met, the social security disability administration will send you benefits as the final medical decision is being made. But these are often in very critical cases.

5. It’s Better to Appeal Instead of Re-Applying

After your social security disability case is rejected, you have two choices: appeal your case or file a new social security disability benefits application. In most cases, it’s better to appeal instead of filing a brand new case. That’s because it’s possible to lose any other benefits that you may be getting if you scrap everything and decide to file a new social security disability application

6. Consistent Treatment is Also Important

Medical records are extremely important. For a social security disability case to be successful, thorough medical records are necessary. If a social security disability claimant has not continued to receive medical treatment for a condition, there is a strong chance that his or her benefits will be terminated.

7. The Social Security Disability Application can be Confusing

The social security disability application forms are notoriously terse; there is little instruction. That means that many are unsure of what they should include in the form and how they should do it. Would it be better to enter a short answer on the social security disability form, or a long one? The questions can sometimes seem repetitive, and that can get confusing. That’s because it’s likely that the social security disability administration is looking for contradictions and inconsistencies. That’s why it’s always best to keep it simple and stay truthful.

Common Mistakes when People Apply for Social Security Disability Part 2: Going it Alone

In part two of our series on how to avoid the most common mistakes made when they apply for social security disability, we’re going to discuss an issue that we take very seriously at Drummond Law.

It’s making the decision to apply for social security disability alone. People who apply for social security disability benefits on their own, without representation, are more likely to have their claim denied. That’s because if they’re not already familiar with a government agency like the Social Security Administration, the process can confuse even the sharpest among us. There are a host of Byzantine rules and regulations that people must know when they apply for social security disability, and the regulations that govern who receive social security disability can be among the strictest of all government programs.

Legal representation isn’t required to apply for social security disability. But it’s risky to go it alone. For many, the decision to apply for social security disability benefits could be the most important issue of the next few years. Reaching a quick easy resolution can give social security disability recipients the peace of mind they need to recover. Getting legal representation when one begins to apply for social security disability could mean the difference between an easy case and one that drags on for months, and possibly years.

And as an added note— we also recommend that those who go through the social security disability process and apply for social security disability do so with the support of friends and family. We know it may be hard for some people, but this isn’t the time to be a silent sufferer. When you know those around you are looking out for you, beginning to apply for social security disability process can be a far easier journey.

Common Mistakes People Make When Filing for Missouri SSI Disability: Part 1

This is the first blog in a series of six about Missouri SSI disability topics.

If you suffer from a disability, then you know what it’s like having to wait. You have to wait at clinics, you will have to wait for medication, you will have to wait for a doctor’s diagnosis. And you will probably have to wait while the Missouri SSI disability process works its way through your case.

While waiting is a part of the Missouri SSI disability process, there are ways that you can reduce your wait time. And we’ll discuss those ways through a series of blog posts that will let you know what you can do to make the Missouri SSI disability process as easy and as fast as possible.

The first mistake to avoid is to enter the Missouri SSI disability process without proper knowledge. Too many people think that the Missouri SSI disability process is simply a matter of filling out a few forms and then waiting for the benefits to come in. It would be nice if that was the case, but the actual Missouri SSI disability situation is much more complicated.

There are five steps in the Missouri SSI disability process that must be completed before the Social Security Administration can determine if you are eligible for disability benefits. Most are unaware of the basic prerequisites for Missouri SSI disability eligibility. And while there are more than we have time to list, here are some of the basics:

• You must not be gainfully employed. This means that you do not earn over $940 a month.
• You have a severe condition. A condition that keeps you from finding gainful employment. You must have a condition that keeps you from continuing your old line of work and keeps you from finding new work.
• Your condition is listed in the Missouri SSI disability administration’s “blue book,” which is a large tome of every condition that Missouri SSI disability covers. If not listed in the blue book, then you must have your condition approved by a Missouri SSI disability judge.
• You will likely be disabled for 12 months or more.

For the Social Security Administration to even consider your claim, you must meet the first two criteria. The latter two criteria are determined by either a Missouri SSI disability caseworker and evaluator or a Missouri SSI disability judge.

The next blog will deal with where you can go and who you can contact for more information about Missouri SSI disability.

Missouri Workers’ Compensation tax falls by 50%

The Department of Labor and Industrial Relations announced on October 29 that the Missouri workers compensation tax will be cut by half, going from 1 percent to .5 percent, starting next year.

There will still be a 3 percent tax on a surcharge that businesses must pay for twice-injured workers who receive Missouri workers compensation. It will stay at 3 percent.

This may all be credited to a filing from the National Council on Compensation Insurance that predicted that Missouri workers compensation will decrease this year. According to the report, Missouri could see a 7.7 decrease in Missouri workers compensation insurance rates beginning in 2009.

Missouri workers’ compensation law requires that the state evaluates the Missouri workers’ compensation tax each year by the end of October. The revenue received from the Missouri workers compensation tax funds the Missouri workers compensation program. Additionally, the revenue generated from the Second Injury Find surcharge pays the benefits for twice-injured workers.

FAQ #3: Why should I have a Social Security Disability representative/attorney?

The law allows a person to represent themselves in social security disability claims. The law also allows a person to repair their own car and work on the electrical system of their house.

As attorneys who represent social security disability claimants to people seeking SSI (Supplemental Security Income) in Missouri and Illinois, we know that these disability claimants often try to represent themselves. Unfortunately, they often make critical mistakes and may get medical information that, in fact, hurts their SSI/SSD claim rather than helping it.

There is a vast body of law regarding disability claims and appeals have to be processed and if you are denied appeals are processed through the Federal District Court and the United States Court of Appeals levels. Some disability claims even end up in the United States Supreme Court.

As attorneys that represent disability claimants, we feel that any representative who seeks to assist a client in getting disability benefits should have sufficient knowledge to process the claim efficiently and to the best of their ability through all aspects of the legal system. As an attorney who represents disabled people and has for over 30 years, I know it is always that much easier to get disability benefits if you get in on the beginning of the case and have a hand in developing the evidence to support the claim.

A lot of people get frustrated because the social security disability system is not responsive to their needs. People think the United States government will treat them fairly simply because they have been good citizens their entire life. This is a naive approach to filing for disability benefits. Drummond Law, LLC has been representing disability claimants for over 30 years and we inherit claims later on in the process which makes it a lot harder to get favorable results since we lose control of the evidence that supports the Claimant’s position. The various hearing offices (Offices of Disability Adjudication of Review) in our practice area of Missouri and Illinois primarily rely on the disability attorney to procure and perfect most of the evidence, research the law and submit memorandums in support of the claimant’s alleged disability.

FAQ #2: Why is the Social Security Administration so slow in deciding your Social Security Disability claim?

A lot of it has to do with the government itself. People who seek social security disability benefits in Illinois and Missouri wonder why the government is so slow.

A few years back they set the attorney’s fees for social security disability claims at 25% of the claimant’s back pay with a maximum cap of $5,300.00 and the government wrote a memorandum in excess of 150 pages long to tell the various agencies how to compute it. The problem with getting social security disability claims heard, whether in Illinois or Missouri, doesn’t depend on your social security representative or social security attorney, it depends on office efficiency and numbers of claims vs. number of judges in that office.

A lot of people would like to fix the social security system. However, the problem with fixing the social security disability system is not limited to Illinois and Missouri but is nationwide. Even the smallest change in the regulations has to be digested by thousands of people in the federal bureaucracy. Unfortunately, the result of trying to change the system and make the social security system more efficient and more responsive to disability claimants usually ends up making the process longer since the entire computer system nationwide must be changed even for the smallest alteration and training must occur for all of the employees.

As attorneys representing social security disability claimants and Supplemental Security Income (SSI) claimants, we at Drummond Law, LLC share the frustration of the applicants who are trying to get the benefits they deserve but usually advise them that they have to be in for the long haul and plan accordingly.

FAQ #1: Why Does it Take so Long For a Illinois Social Security Disability Case to be Heard By a Judge?

It’s simple. There are too many cases and too few judges to hear Illinois and Missouri social security disability cases.

Our attorneys who represent SSI (Supplemental Security Income) and SSD (Social Security Disability) claimants primarily in Illinois and Missouri find that the waiting period for a hearing varies substantially depending upon what Office of Disability Adjudication and Review the claim is assigned to.

You are assigned a hearing office (Office of Disability Adjudication and Review) in your Illinois social security disability claim based upon what local social security office you go through which in turn depends on where you live.  Offices that handle fewer claimants have more judges and are generally more efficient.  They have a much lower waiting time than those that are not so blessed.

We get calls from claimants seeking Missouri and Illinois social security benefits and Illinois or Missouri social security disability  benefits and want help from an attorney or representative that specializes in social security disability and we tell them right up front that the waiting period will almost always be in excess of 18 months if the claim has to go to a hearing.  Sometimes you can get an emergency decision but that is certainly a minority.

Are Video Hearings with a Judge and Illinois Social Security Disability Attorneys a Good Idea?

Live video is new method that has been recently introduced to quickly and efficiently deal with many social security hearings. Called a video hearing, it allows people with social security claims contest their case with their Illinois social security disability attorneys from a remote location. The judge will still reside in her court, but the claimant and the Illinois social security disability attorneys need not be there. Communication is provided via a live video feed, which allows the judge and the claimant to see and hear each other.

As federal agencies are forced to cut back on spending, video hearings may become more popular than ever. Most Illinois social security disability attorneys will tell you that there are some advantages to a video hearing. If you live in a rural area and have a claim in a court that’s far away, you can address your case with your Illinois social security disability attorneys without having to travel. Also, if you have a condition that makes any kind of travel difficult, a video hearing with Illinois social security disability attorneys and a judge may be a good option. Usually, video hearings are easier to schedule and can be scheduled sooner.

But is it the best option in all cases? Most Illinois social security disability attorneys will tell you that the social security judge is often the final word on whether one gets to keep his social security disability benefits. So it’s important for claimants and Illinois social security disability attorneys to present the best case to the judge. We can’t know how speaking to someone through video screens will affect a judge’s opinion, but it’s safe to say that it never hurts when a claimant and his Illinois social security disability attorneys appear live before a judge and explain his situation thoroughly and credibly.

There may be something lost when communication takes place through a video screen. Does this mean that a judge will deny a claim over video that she would approve in person? It’s hard to say. Most social security judges are compassionate people and clear thinkers. But when you and your Illinois social security disability attorneys are considering something as important as your benefits, you want to use every advantage available. If you’re still not sure whether a video hearing is right for you, talk to Drummond Law. We have a team of Illinois social security disability attorneys that have been handling cases for over 30 years. We know the best way to get you your benefits.