Care Partners
$100,000 Disability Award
I received a call from a client who told me that she just received her past due benefit check in an amount over $100,000. In addition, her minor daughter and husband each will be entitled to $25,000 based upon her receiving disability benefits. Not all cases, of course, result in such a large award of benefits. In this case, the past due benefits were so high because her monthly benefit amount was substantial and because her minor daughter and husband were entitled to benefits on her earnings record. Another reason why the award was so substantial is because I requested that the administrative law judge hearing the case reopen a prior application for benefits filed in 2004. In addition, I cross-examined the medical and vocational experts at the hearing as their testimony initially was not helpful. Finally, after a hard fought hearing, the ALJ awarded benefits with an onset date in 2002. This meant that my client had about six years of past benefits due to her and her family. She told me that the money would be used to pay off a large amount of debt that her family accumulated while pursuing her claim - and she had health insurance! Without health insurance, her debt would have been much, much larger. Unfortunately, many people do not apply for benefits that they may be entitled to, or do not seek out the legal help that may help them qualify for and maximize their benefits. It is important to keep in mind that it does not cost anything for an attorney to conduct a free consultation and evaluation of someone's claim and it could help a disabled individual win their needed benefits. You can reach me at 773.989.9899 or email me at: Rich@USADisabilityLaw.com
Hello. I hope that you are enjoying the summer that finally arrived. If you live in Chicago as I do, you've got to enjoy every moment of it because it does not last long!
1% Attorney Fee? One might assume that the larger the award, the larger the attorney fee, however, this is not accurate. In Social Security disability claims, the fee agreement normally limits the fee to THE LESSER OF 25% of the past due benefits OR $5,300.
This means that in this case, although the client and her family will receive over $100,000 in past due benefits, the attorney fee still will be limited to $5,300. Once again, this is because the fee agreement specifies that the fee is limited to THE LESSER OF 25% OR $5,300, pursuant to federal statute.
It is important to keep this fee limitation in mind because it makes it much easier for a disabled individual to retain an attorney to represent them in their claim.
Not only is there a fee cap, but the payment of any fee is contingent upon winning the claim and there being past due benefits awarded to the claimant. The fee is withheld by the Social Security Administration and paid directly to the attorney at the end of the case from the claimant's past due benefits.
Even more remarkable is the fact that the total attorney fee will amount to less than 1% of the total award that my client will receive in this case if we consider all the disability benefits she will receive until she begins receiving full retirement benefits at age 67. The claimant will receive somewhere in the neighborhood of $500,000 in disability benefits until she reaches age 67.
Even if the total benefits were much less than $500,000, let's say $250,000, the total attorney fee would still amount to approximately only 2% of the total benefits award. Remember, the attorney fee is paid from the past due benefits, not from any future benefits.
So the next time you hear someone say it will cost too much to hire an attorney, don't believe it. In fact, not hiring an attorney in such a claim would be a classic example of being "penny-wise and pound foolish."
The 2007 COLA
The Cost of Living Adjustment (COLA) for 2007, released by the Social Security Administration (SSA), is be 3.3 percent. This means that for the more than 53 million Americans who receive monthly benefits from the SSA, benefits have increased 3.3 percent in 2007.
By the Numbers
In 2007, the 3.3 percent COLA increase means that:
· Supplemental Security Income (SSI) benefits have increased $623/month for individuals, while the average Social Security Disability Insurance (SSDI) benefit amount for a disabled worker, spouse and one or more children is $1,646/ month. Remember, SSI benefits are for a disabled individual only, whereas SSDI benefits may also apply to the spouse and children of a disabled worker.
· The Substantial Gainful Activity (SGA) amount will increase from $860 to $900 gross earnings per month. Earning over this amount may prevent one from filing for disability benefits or result in a loss of some or all benefits.
· The Trial Work Period (TWP) amount will increase from $620 to $640 gross earnings per month. During a TWP, a person receiving SSDI benefits is able to return to work, to test their ability to do work, on a trial basis for nine months.
New Social Security Ruling Means More Emphasis Will be Placed on Medical Providers
Introduction
By far, the most important evidence that SSA examines in a disability claim is the medical evidence. This is somewhat obvious, because the definition of disability requires that there exist a “medically determinable impairment.”
Medical evidence not only includes objective medical evidence, such as medical signs and laboratory findings, but also other evidence from medical sources, such as the medical history, opinions, and statements about treatment received.
Statements that a disabled individual makes about his or her impairments are also considered, but they must be corroborated by the medical evidence in order for them to be found credible and be given weight.
To help interpret the medical evidence, and to give binding guidance on disability and other benefit programs, SSA publishes several Rulings each year. In 2006, SSA published a Ruling entitled, “Considering Opinions and Other Evidence From Sources Who Are Not 'Acceptable Medical Sources' in Disability Claims; Considering Decisions on Disability by Other Governmental and Nongovernmental Agencies.”
In part, this Ruling clarifies how SSA considers opinions from sources who are not considered "acceptable medical sources." The Ruling recognizes that with the growth of managed health care and the emphasis on containing medical costs, many people get much of their care from health care practitioners who are not doctors. These sources include nurse practitioners, physician assistants and licensed clinical social workers. This Ruling gives guidance on how much weight SSA will give to their opinions.
Q & A
Question: Who does SSA consider to be an “acceptable medical source”?
Answer: In general, “acceptable medical sources” include, for example, licensed physicians (medical or osteopathic doctors); licensed or certified psychologists (including school psychologists); and licensed optometrists, although SSA may need a report from a physician to determine other aspects of eye diseases.
Question: What categories of non-acceptable medical sources are there?
Answer: There are three categories of sources besides "acceptable medical sources" considered under the new Ruling:
1. "Medical sources who are not acceptable medical sources" (for example, nurse practitioners, physicians' assistants, therapists, psychiatric social workers and chiropractors);
2. "Non-medical sources" such as teachers, counselors and social welfare agency staff acting in their professional capacity. These sources often have close contact with the individual and personal knowledge and expertise to make judgments about the impairment, activities, and level of functioning over a period of time.
3. “Non-medical sources” such as spouses, other relatives, friends, employers, and neighbors.
Question: Why does SSA draw a distinction between and “acceptable medical sources” and other health care providers who are not “acceptable medical sources”?
Answer: One reason is that only “acceptable medical sources” can give “medical opinions,” a judgment about the nature and severity of the impairments and the mental and physical restrictions they cause. In addition, if a patient has had an ongoing treating relationship with a medical doctor, for example, that doctor’s medical opinion can be given “controlling weight,” which can result in a favorable disability determination by SSA.
Question: What factors does SSA consider in deciding how much weight to give the opinions of medical sources who are not “acceptable medical sources”?
Answer: The same factors that are used to evaluate the medical opinions of “acceptable medical sources” can be applied to consider other opinions.
As stated in the Ruling, “These factors include:
· How long the source has known the individual and how frequently the source has seen the individual;
· How consistent the opinion is with other evidence;
· The degree to which the source presents relevant evidence to support an opinion;
· How well the source explains the opinion;
· Whether the source has a specialty or area of expertise related to the individual's impairment(s), and
· Any other factors that tend to support or refute the opinion.”
Question: Is there ever a situation where the opinion of a nurse practitioner or licensed clinical social worker could outweigh the opinion of a medical doctor?
Answer: It is important to keep in mind that although information from these “other sources” cannot establish the existence of a medical disease or illness, the information may be based on special knowledge and provide insight into the impairment’s severity and how it affects an individual's ability to function.
Under the new Ruling, it is possible for the opinion from a medical source who is not an “acceptable medical source” to outweigh the opinion of an “acceptable medical source,” if, for example, he or she has had greater contact with the patient and can provide better supporting evidence and an explanation of the opinion. This can be a great boon to patients who have limited contact with a medical doctor.
Bio:
Since 1986, Richard Feingold has been representing disabled persons in their Social Security disability claims throughout the United States. He a sustaining member of the National Organization of Social Security Claimants' Representatives (NOSSCR) as well as past Chair of the Chicago Bar Association's Social Security Law Committee. He can be contacted by email at Rich@FeingoldLawOffices.com, through his website at www.FeingoldLawOffices.com, or by phone at 773.989.9899.
Disclaimer:
The information contained in this article is provided as a public service, is general in nature, and does not constitute the rendering of legal advice or legal services. One should consult an attorney before making any decision involving a legal matter, such as a Social Security disability claim.
3 Common Misconceptions in Dealing with Government Bureaucracies and their Red Tape
by Richard I. Feingold
As an attorney who, since 1986, has been helping disabled adults navigate the sometimes treacherous waters of the vast and uncharted U. S. Social Security Administration, I believe that I have earned the right to speak about government red tape and what it takes to cut through it.
Here are three common misconceptions in dealing with government bureaucracies:
Misconception # 1 - "The government agency ("it") is out to hurt me or my business." The truth is more likely - "it" doesn't care. The sooner that you disassociate any purported negative intent on the part of the government agency, the sooner you will be able to dispassionately deal with your problem in a more effective and less emotionally draining manner.
Misconception # 2 - "I can trust the government bureaucracy to responsibly handle my matter." The truth is - no, you should not make any such foolish assumptions. Keep copies of any and all documents that you transmit and get proof of receipt, for example, use Certified Mail, Return Receipt Requested or FedEx Ground.
Misconception # 3 - "I can do it alone." The truth is - maybe you can, but maybe you cannot...and maybe you should not! Sometimes, professional assistance will help you to save hundreds or thousands of dollars, or the equivalent thereof, in headaches and anxiety.
What you don't know can hurt you when it comes to dealing with the entanglements of a government bureaucracy. Be safe and be smart!
If I can shed any further light on these issues, or if you have any other questions about Social Security disability benefits, please contact me.
I am also available to present an in-service to you and your co-workers at your location to discuss these and other issues.
If there is a topic or question you would like me to discuss in a future newsletter, please contact me. I look forward to hearing from you.
Sincerely,
Richard I. Feingold
Law Offices of Richard I. Feingold
Tel. 773.989.9899
Email: Rich@FeingoldLawOffices.com
Web: http://www.FeingoldLawOffices.com
3 Years and Counting!
by Richard Feingold
Yes, that's how long I have been back in my own practice helping disabled adults and children obtain their Social Security Disability benefits.
Of course, I have been an attorney since 1986, but three years is how long I've been representing disabled individuals in my own practice here in the Uptown neighborhood of Chicago. It feels really good to be here and I am proud of the good work that we've been doing, myself and my paralegal Susan and my assistant Dana.
Although we are located in the north side of Chicago, we represent disabled individuals around the country. In fact, I will be in Phoenix this week at a hearing representing a woman with severe back problems who moved from Chicago to Mesa, Arizona. So please do not worry if you are not in our neighborhood. We will find a way to help if we can even if you are in the suburbs.
Backlogs still persist
We try to lessen the wait for those who truly deserve benefits by vigorously representing our clients. See below for some of the things that we do to help.
Thank you for reading.
Until next time...
Richard Feingold
_______________________
We Can Help
We have many years of experience in helping disabled individuals succeed in their disability claims. Having good representation can make the difference between winning and losing and often can lessen the time it takes to receive benefits.
Some of the things we do to vigorously represent our clients include:
1) Aggressively working with SSA to obtain the medical records so that SSA has the evidence it needs to establish disability.
2) Writing to treating doctors to obtain their opinions regarding their patient's impairments and disabilities.
3) Communicating with SSA decision-makers to zealously advocate on behalf of our clients; and
4) Providing effective and compassionate legal services to our clients during this often difficult time.
These are just some of the things that we can do to help speed the process along toward a desired favorable conclusion.
Free In-Service Regarding Social Security Disability Issues
We provide a free in-service to your staff regarding Social Security disability issues. In this in-service, we cover the basics of Social Security disability law to help you identify and better serve those who may be eligible to receive these important monthly cash and health insurance benefits. Please call me if you have questions about this or if you would like to schedule an in-service.
Online Resources
Be sure to visit ouir Website at www.USADisabilityLaw.com where we are constantly striving to provide more information for disabled individuals and those who provide services for them.
Other Legal Services
Contact us if you need help in any other legal matter. If we can't help, we probably know a trusted attorney who can.
Law Offices
Richard I. Feingold & Associates, P.C.
5153 N. Broadway Street
Chicago, Illinois 60640
Tel. (773) 989-9899 • Fax: (773) 944-9620
Web: http://www.USADisabilityLaw.com ● Email: mailto:Rich@USADisabilityLaw.com
a site to help caregivers prepare, recognize their options, find support, locate needed services and make informed decisions about the care of their loved ones.
by the
Social Security Administration
Michael J. Astrue, Commissioner of Social Security, has announced the national rollout of the agency's Compassionate Allowances initiative, a way to expedite the processing of disability claims for applicants whose medical conditions are so severe that their conditions obviously meet Social Security's standards.
“Getting benefits quickly to people with the most severe medical conditions is both the right and the compassionate thing to do,”Commissioner Astrue said. “This initiative will allow us to make decisions on these cases in a matter of days, rather than months or years.”
Social Security is launching this expedited decision process with a total of 50 conditions. Over time, more diseases and conditions will be added. A list of the first 50 impairments – 25 rare diseases and 25 cancers – can be found at Social Security's website by clicking here. In addition, please click here for further information.
If you have any questions or comments regarding this important development, please let me know. We Can Help
If you have any questions or comments regarding this important development, please let me know. Until next time...
Sincerely,
Richard Feingold
_______________________
We have many years of experience in helping disabled individuals succeed in their disability claims. Having good representation can make the difference between winning and losing and often can lessen the time it takes to receive benefits.
Some of the things we do to vigorously representing our clients include: 1) Aggressively working with SSA to obtain the medical records so that SSA has the evidence it needs to establish disability;
2) Writing to treating doctors to obtain their opinions regarding their patients' impairments and disabilities.
3) Communicating with SSA decision-makers to zealously advocate on behalf of our clients; and
4) Providing effective and compassionate legal services to our clients during this often difficult time.
These are just some of the things that we can do to help speed the process along toward a desired favorable conclusion. Free In-Service
Regarding Social Security Disability Issues We provide a free in-service to your staff regarding Social Security disability issues. In this in-service, we cover the basics of Social Security disability law to help you identify and better serve those who may be eligible to receive these important monthly cash and health insurance benefits. Please call me if you have questions about this or if you would like to schedule an in-service. Share this Newsletter
If you know anyone who would be interested in receiving this newsletter, please forward it to them and have them contact us. Online Resources Be sure to visit our Website at www.USADisabilityLaw.com
where we are constantly striving
to provide more information for disabled individuals and those who provide services to them.
Richard I. Feingold & Associates, P.C.
5153 N. Broadway Street
Chicago, Illinois 60640
Tel. (773) 989-9899 · Fax: (773) 944-9620
Web: www.USADisabilityLaw.com
Email: Rich@USADisabilityLaw.com
Helping those with Multiple Sclerosis
Obtaining medical records is the first step in proving disability. Sometimes files are well- developed by the state agency (Disability Determination Services (DDS)) hired by the Social Security Administration to develop a claimant's file...and sometimes they are not. DDS will often sent out report forms to claimants' doctors to complete to give an opinion regarding disability. Sometimes doctors will complete those forms; often they will not.
The Social Security Administration does look to treating physicians for their opinions regarding disability. This is why I will solicit their opinions by way of a letter from them or having them complete a form which addresses the issues concerning disability. For example, in MS cases, the form will inquire about signs and symptoms of MS, including: fatigue; pain; balance problems; difficulty remembering; poor coordination; depression; weakness; emotional lability; paralysis; difficulty solving problems; unstable walking; problems with judgment; numbness, tingling or other sensory disturbance; double or blurred vision/partial or complete blindness; increased muscle tension; involuntary rapid eye movement; spasticity; shaking or tremor; bladder problems; speech/communication; and bowel problems.
In addition, environmental limitations are considered, such as: extreme cold; extreme heat; wetness; humidity; noise; fumes, odors, dusts, gases, poor ventilation, etc.; and hazards (machinery, heights, etc.).
The form also specifically inquires as to the nature, frequency and severity of the patient's fatigue and other symptoms and asks the doctor whether or not the patient's fatigue and pain are credible. If pain and fatigue interfere with attention and concentration, the doctor is requested to explain the level of interference.
In accordance with Social Security's Listing of Impairments regarding Multiple Sclerosis, the form asks whether the patient has significant and persistent disorganization of motor function in two extremities resulting in sustained disturbance of gross and dexterous movement or gait and station. If it does, the doctor must describe the degree of interference with locomotion and/or interference with the use of fingers, hands and arms.
Also, in line with the MS Listing, the medical professional is requested to state whether the patient has significant reproducible fatigue of motor function with substantial muscle weakness on repetitive activity, demonstrated on physical examination, resulting from neurological dysfunction in areas of the central nervous system known to be pathologically involved by the multiple sclerosis process, and the degree of exercise and the severity of the resulting muscle weakness.
Of course, dates of Multiple Sclerosis exacerbations are requested as well as whether or not the patient complains of a type of fatigue that is best described as lassitude rather than fatigue of motor function.
The doctor is also asked to comment as to whether the patient's impairments, plus any emotional impairments, are reasonably consistent with the symptoms and functional limitations described in the form and whether or not emotional factors contribute to the severity of the patient's symptoms and functional limitations. Side effects of medications are also considered.
Finally, the doctor is asked to answer the ten thousand dollar question - whether the patient can work.
It is important for the treating specialist to explain how the claimant's MS affects these critical areas of functioning, which affects the ability to work.
As you can see, getting medical records is only the first step in proving disability. A lawyer representing a claimant will attempt to obtain the opinion of the treating neurologist to prove that the symptoms and signs described in the medical records prevent the performance of substantial gainful activity, that is, work.
Until next time...
Sincerely,
Richard Feingold
We Can Help
We have many years of experience in helping disabled individuals succeed in their disability claims. Having good representation can make the difference between winning and losing and often can lessen the time it takes to receive benefits.
Some of the things we do to vigorously representing our clients include:
1) Aggressively working with SSA to obtain the medical records so that SSA has the evidence it needs to establish disability;
2) Writing to treating doctors to obtain their opinions regarding their patients' impairments and disabilities.
3) Communicating with SSA decision-makers to zealously advocate on behalf of our clients; and
4) Providing effective and compassionate legal services to our clients during this often difficult time.
These are just some of the things that we can do to help speed the process along toward a desired favorable conclusion.
Free In-Service Regarding Social Security Disability Issues
We provide a free in-service to your staff regarding Social Security disability issues. In this in-service, we cover the basics of Social Security disability law to help you identify and better serve those who may be eligible to receive these important monthly cash and health insurance benefits. Please call me if you have questions about this or if you would like to schedule an in-service.
Share this Newsletter
If you know anyone who would be interested in receiving this newsletter, please forward it to them and have them contact us.
Online Resources
Be sure to visit our Web site at www.USADisabilityLaw.com where we are constantly striving to provide more information for disabled individuals and those who provide services to them..
Other Legal Services
I also work with attorneys who help people file bankruptcy or have other debt problems.
Stay Tuned
I'll be back with another newsletter to keep you informed regarding recent developments in Social Security disability law and related issues.
Law Offices
Richard I. Feingold & Associates, P.C.
5153 N. Broadway Street
Chicago, Illinois 60640
Tel. (773) 989-9899 · Fax: (773) 944-9620
Web: www.USADisabilityLaw.com ● Email: Rich@USADisabilityLaw.com
Since 1986, Richard Feingold has been representing disabled persons in their Social Security disability claims throughout the United States. He is a sustaining member of the National Organization of Social Security Claimants' Representatives (NOSSCR) as well as past Chair of the Chicago Bar Association's Social Security Law Committee. He can be contacted
by email: rich@USADisabilityLaw.com
website: www.USADisabilityLaw.com,
phone: 773.989.9899.
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Please visit Rich's forum on
MSWorld's Message Board:
Questions about USA Social Security Benefits.
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Information from Rich Feingold
The 2007 COLA (Cost Of Living Allowance)
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3 Common Misconceptions in Dealing with Government Bureaucracies and Their Red Tape
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Spring 2008
Social Security's Quick Disability Determination Process
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Summer 2008
1% Attorney Fee? and $100,000 Disability Award
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Winter 2008
Compassionate Allowances by the Social Security Administration
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Helping Those with Multiple Sclerosis
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Spring 2009
Three Years and Counting! and Will the 24-month Medicare Wait Be Eliminated?
It looks like spring has finally sprung. I hope that you are getting out there and enjoying the nice weather that we are having, at least in Chicago.
Social Security's Quick Disability Determination Process
Social Security currently receives more than 2.5 million new Social Security disability cases and more than 2.3 million Supplemental Security Income cases each year. That is a lot of claims! Unfortunately, because there are so many claims, and not enough judges and staff to process them expeditiously, Social Security has fallen badly behind and there currently is a big backlog of cases awaiting hearing before Administrative Law Judges.
To their credit, the Social Security Administration is attempting to cut down on the long delays that disability claimants are encountering. One of the new processes that has been created is called the "Quick Disability Determination Process." In this process, Social Security uses a predictive model to determine claims "...where there is a high potential that the claimant is disabled and where evidence of the person's allegations can be quickly and easily obtained."
Although this is helping, most of the claims do not qualify under this process and many claimants suffer considerable hardship awaiting adjudication of their claims. We help our clients by aggressively pursuing their rights with the goal of obtaining a favorable decision as soon as possible.
If you have any questions about our services or any general questions about Social Security Law or the disability process, please call me at 773.989.9899 or email me at Rich@USADisabilityLaw.com.
I look forward to hearing from you.
Sincerely,
Richard Feingold
_______________________
We Can Help
We have many years of experience in helping disabled individuals succeed in their disability claims. Having good representation can make the difference between winning and losing and often can lessen the time it takes to receive benefits.
Some of the things we do to vigorously representing our clients include:
1) Aggressively working with SSA to obtain the medical records so that SSA has the evidence it needs to establish disability;
2) Writing to treating doctors to obtain their opinions regarding their patients' impairments and disabilities.
3) Communicating with SSA decision-makers to zealously advocate on behalf of our clients; and
4) Providing effective and compassionate legal services to our clients during this often difficult time.
These are just some of the things that we can do to help speed the process along toward a desired favorable conclusion.
Free In-Service Regarding Social Security Disability Issues
We provide a free in-service to your staff regarding Social Security disability issues. In this in-service, we cover the basics of Social Security disability law to help you identify and better serve those who may be eligible to receive these important monthly cash and health insurance benefits. Please call me if you have questions about this or if you would like to schedule an in-service.
Share this Newsletter
If you know anyone who would be interested in receiving this newsletter, please forward it to them and have them contact us.
Online Resources
Be sure to visit our Web site at www.USADisabilityLaw.com where we are constantly striving to provide more information for disabled individuals and those who provide services to them.
Also, please visit the following page:
richfeingold.htm
There, you can find a link to an article concerning the Cost of Living Adjustment (COLA) for the year 2007 and an interesting Social Security Ruling regarding medical opinions in disability claims.
In addition, the following is a link to a January 29, 2007 Special Guest Chat on MSWorld.org:
richfeingold_Jan2907.htm.
Stay Tuned
We'll be back with another newsletter to keep you informed regarding recent developments in Social Security disability law and related issues.
Law Offices
Richard I. Feingold & Associates, P.C.
5153 N. Broadway Street
Chicago, Illinois 60640
Tel. (773) 989-9899 · Fax: (773) 907-9609
Web: www.USADisabilityLaw.com ● Email: Rich@USADisabilityLaw.com
