Bakersfield Disability Attorney Blog http://www.disabilityattorneyblog.com Musings of a Social Security Disability Lawyer Mon, 24 Oct 2011 21:22:24 +0000 en hourly 1 http://wordpress.org/?v=3.2.1 SOCIAL SECURITY RAISE http://www.disabilityattorneyblog.com/posts/social-security-raise/ http://www.disabilityattorneyblog.com/posts/social-security-raise/#comments Mon, 24 Oct 2011 21:22:24 +0000 Louis Vigorita http://www.disabilityattorneyblog.com/?p=180 Social Security Raise
Something good has happened in Social Security. Social Security recipients will see the first raise in their checks since 2009 next year, as inflation accelerated this year. A sub set of the consumer price index-the CPI for Urban Wage Earners and Clerical and Workers, or the CPI – W rose by 3.6% in the third quarter, from the same period in 2008, according to the Bureau of Labor Statistics. It’s the first time the benchmark has risen in three years. That’s significant because that figure is normally used to calculate changes in Social Security checks. The 3.6% raise is lower than the increase of 5.8% recipients received the 2009, but it’s higher than the average of 2.4% the past 10 years. THAT is correct; it is higher than 2.4%, which was the average OVER the last 10 years. The inflation figure will also increase the amount of income that is subject to Social Security taxes. Currently, taxpayers pay into Social Security on their first $106,800 of earnings. Next year, that figure will be raised to around $110,000.
Louis J. Vigorita
October 24, 2011

]]> http://www.disabilityattorneyblog.com/posts/social-security-raise/feed/ 0 Social Security Presentation Summer 2011 http://www.disabilityattorneyblog.com/posts/social-security-presentation-summer-2011/ http://www.disabilityattorneyblog.com/posts/social-security-presentation-summer-2011/#comments Thu, 15 Sep 2011 22:14:17 +0000 Louis Vigorita http://www.disabilityattorneyblog.com/?p=175 On August 15, 2011, Louis Vigorita made a presentation to the Volunteer Lawyers Services Program of the Ventura County Bar Association on the current status of Social Security. The reason he spoke to the volunteer lawyers was to educate them as to how to better screen the incoming calls from the potential pro bono client community in order to better serve them by being more cognizant of their legal issues.
The thrust of the topic was these 10 most common arguments to make on Appeal. For one the judge may fail to properly evaluate mental impairment of the claimant. There is a five step process that the administrative law judge must decide disability properly. If he fails to properly follow this five step process he/she is subject to reversal by the Appeals Council. Secondly, the judge may fail to address the opinions of the state agency and on examining medical consultants. The judge cannot ignore the opinion of the state agency on examining physician and failed to provide any reason for rejecting this evidence. Thirdly, the judge may fail to address the treating physician’s evidence. Remember that he treating physician is given great weight, because this doctor is more familiar with the patient time of valuation by a CE. The judge must provide valid reasons for a rejection of this type of doctor’s opinion. Fourth, the judge must not fail to address other medical evidence and opinions in the exhibit record. This is especially important where a particular medical opinion directly conflicts with the judge’s RFC’s findings. Fifth, the judge must make a proper credibility finding. This means that he or she must evaluate the claimant’s subjective complaints and determine whether or not the witness testimony is credible. Sixth, the judge must properly assess the claimant’s RFC. The residual functional capacity of the injured worker is referred to as the RFC. Ordinarily, RFC is an assessment of an individual’s ability to do sustained work-related physical and mental activities in a work setting on a regular and continuing basis. A regular and continuing basis means eight hours a day, for five days a week, or an equivalent work schedule. Seventh, the judge fails to properly consider the mental and physical demands of the claimant’s past work. Eighth, the judge failed to obtain vocational expert testimony. Ninth, the judge fails to comply with the HALLEX procedures IN soliciting post hearing evidence. HALLEX stands for “Hearings, Appeals and Litigation Law Manual”. It comprises statements, procedures, directing lower levels of the Social Security administration on how to carry out the guiding principles. Finally tenth, the judge mischaracterizes or misstates the Record, in some significant respect.

These are just some of the errors that may be made at a disability hearing where the judge must decide whether the claimant meets the definition  of disability and therefore entitled to Social Security benefits.

]]> http://www.disabilityattorneyblog.com/posts/social-security-presentation-summer-2011/feed/ 0 Insurance for Pre-existing Conditions: What to do if you are disabled and lose your job and your health inurance? http://www.disabilityattorneyblog.com/posts/insurance-for-pre-existing-conditions-what-to-do-if-you-are-disabled-and-lose-your-job-and-your-health-inurance/ http://www.disabilityattorneyblog.com/posts/insurance-for-pre-existing-conditions-what-to-do-if-you-are-disabled-and-lose-your-job-and-your-health-inurance/#comments Tue, 23 Aug 2011 23:12:51 +0000 Louis Vigorita http://www.disabilityattorneyblog.com/?p=168 Many Social Security disability claimants have no medical insurance while they were waiting for a favorable decision on their claims. The following information from a May 31, 2011, press release issued by the US Department of Health and Human Services, may be a viable option:

Pre-Existing Condition Insurance Plan (PCIP)
This federally-funded program is called the California Pre-Existing Condition Insurance Plan (PCIP). The PCIP offers health coverage to medically-uninsurable individuals who live in California. The program is available for individuals who have not had health coverage in the 6 months prior to applying. The California PCIP is run by the Managed Risk Medical Insurance Board (MRMIB).

For more information, including eligibility, plan benefits and rates, as well as information on how to apply, visit www.pcip.gov.

]]> http://www.disabilityattorneyblog.com/posts/insurance-for-pre-existing-conditions-what-to-do-if-you-are-disabled-and-lose-your-job-and-your-health-inurance/feed/ 0 Comparative Allowances-New Diseases http://www.disabilityattorneyblog.com/ssdi/comparative-allowances-new-diseases/ http://www.disabilityattorneyblog.com/ssdi/comparative-allowances-new-diseases/#comments Sat, 14 Aug 2010 17:39:25 +0000 Louis Vigorita http://www.disabilityattorneyblog.com/?p=163 The Social Security Administration has a compassionate allowance for people with any of 50 different diseases.  These fatal diseases have been recognized by the Administration to be of such a nature that when diagnosed.  Special consideration should be given to the patient.  Medical coverage under Medicare, without having to be 65 years old or having to comply with the mandatory two year wait.  After becoming eligible for Social Security disability insurance has been allowed since October 2008.  Recently, Michael J.Astrue, Commissioner of Social Security, announced that the agency is adding 38 more conditions to its list of Compassionate Allowances.  This is the first expansion since the original list of 50 conditions ( 25 rare diseases and cancers) was announced in October 2008.

 The new conditions range from adult brain disorders to rare diseases that primarily affect children.  Commissioner Astrue said, ´The extension we are announcing today tens of thousands of Americans with devastating disabilities will now get approved for benefits in a matter of days rather than months and years.”  Compassionate allowances are a way of quickly identifying diseases and other medical conditions that clearly qualify for Social Security and Supplemental Security Income disability benefits.  It allows the agency to electronically target and make speedy decisions of the most obviously disabled individuals according to the Social Security news release.

This program is being hailed as “truly innovative” by Peter L. Saltonstall, President and CEO of the National Organization for Rare Disorders ( NORD).  For example, people with early onset Alzheimer’s are immediately eligible for Medicare now.  Previously, legislation to provide for early onset Alzheimer’s was defeated in Congress.  Now , some patients as young as 50 are eligible for immediate Medicare coverage house of March 1, 2010.

Legal representatives who were present claimants were denied benefits are delighted with this new program.  The general feeling is that these patients have already paid into the Social Security system.  And now they can have the resources that they need to get medical.  This expansion will speed benefits to thousands of Americans with disabilities.  Attached to this article on the list of the 38 new “Conditions”.

This is a good thing that the administration had done recently.

]]> http://www.disabilityattorneyblog.com/ssdi/comparative-allowances-new-diseases/feed/ 0 Request to Restart Social Security Disability Benefits http://www.disabilityattorneyblog.com/faq/request-to-restart-social-security-disability-benefits/ http://www.disabilityattorneyblog.com/faq/request-to-restart-social-security-disability-benefits/#comments Mon, 10 May 2010 22:00:14 +0000 Louis Vigorita http://www.disabilityattorneyblog.com/?p=152 Once you have received Social Security benefits you may not need to apply again if you stopped receiving payments for a period of time. For instance, if you received Social Security disability benefits at one time and after a while you recovered enough to return to work, and your payments were discontinued, you will not need to apply for benefits again if your disability returns.  Instead, you may request to restart your Social Security disability benefits. However, there are a few conditions that must apply to your situation.

•    You must not be able to work due to your disability.
•    Your disability must the same disability or related to the disability you had when you first applied and then received Social Security disability benefits.
•    You must file a claim to restart your Social Security disability benefits within 60 months (5 years) of the time you were last entitled to disability benefits.

If you have questions about requesting to restart your Social Security disability benefits, contact a Social Security disability lawyer who specializes in Social Security law.

Example:
Joe began receiving Social Security disability benefits 3 years ago due to a serious neck injury. Joe missed a total of 14 months of work. After 14 months, Joe returned to work full time and after his trial work period, he no longer needed or received disability benefits. Recently, Joe’s neck injury reoccurred and he is unable to work again. Joe does not have to go through the whole Social Security disability application process again because it is the same injury and it is within 60 months (5 years) of the last time Joe was entitled to disability benefits. Joe does not have to file a whole new application for Social Security disability as long as his disability prevents Joe from being able to work. Additionally, Joe’s disability has to be the same disability as he had before or related to the disability he had before. He must also file a request to start receiving benefits again with 60 months (5 years) since he was last entitled to disability benefits. Joe may contact a Social Security disability lawyer, who specializes in Social Security law, for assistance in filing a request to start receiving Social Security disability benefits again.

If you have a question about social security law or want to file a social security claim in California, contact the Law Office of Louis J. Vigorita now.

]]> http://www.disabilityattorneyblog.com/faq/request-to-restart-social-security-disability-benefits/feed/ 0 Work Credits Required for Social Security Disability http://www.disabilityattorneyblog.com/faq/work-credits-required-for-social-security-disability/ http://www.disabilityattorneyblog.com/faq/work-credits-required-for-social-security-disability/#comments Mon, 10 May 2010 20:05:36 +0000 Louis Vigorita http://www.disabilityattorneyblog.com/?p=149 Several factors determine how many work credits you need to be eligible for Social Security disability benefits. The number of work credits required is dependent on your age when you do become disabled. Additionally, work credits have to be earned within a given time period. Most commonly, you must have earned 20 credits within 10 years up until the year in which you became disabled.

If you are 31 or younger, you may qualify for Social Security disability with less credits. If you became disabled before the age of 24, you must have earned 6 credits during a 3-year period that ended when you became disabled. If you became disabled between the ages of 24 and 31, you must have credits for half of the time between age 21 and the age when your disability started. For instance, if you worked during the years from age 21 to 27 (the time you became disabled), you need to have credits for half of the time, which would be three years or 12 credits (4 credits per year). If you have questions about your earned work credits, you may contact a Social Security disability lawyer who is an expert on Social Security law.

Example:
Jane is wondering if she has enough work credits to be eligible for Social Security disability benefits. Jane is considered as a younger applicant and needs less work credits than an older worker. Jane is 30 years old and became disabled in a car accident. Jane worked off and on, until she became disabled at the age of 30. To be eligible for Social Security disability, Jane must have work credits for half the time between age 21 and 30. Since there are 9 years between age 21 and 30, Jane must have work credits for half that time, which is 4 1/2 years. You can earn a maximum of 4 work credits for every year that you work. Therefore, Jane must have a total of 18 work credits to be eligible for Social Security disability benefits. If Jane needs more information about her earned work credits, she may contact a Social Security disability lawyer who is an expert on Social Security law.

If you have a question about social security law or want to file a social security claim in California, contact the Law Office of Louis J. Vigorita now.

]]> http://www.disabilityattorneyblog.com/faq/work-credits-required-for-social-security-disability/feed/ 0 How Worker’s Comp Affects Social Security Disability Benefits http://www.disabilityattorneyblog.com/faq/how-workers-comp-affects-social-security-disability-benefits/ http://www.disabilityattorneyblog.com/faq/how-workers-comp-affects-social-security-disability-benefits/#comments Mon, 10 May 2010 18:49:32 +0000 Louis Vigorita http://www.disabilityattorneyblog.com/?p=145 If you receive disability payments from worker’s compensation and/or payments from another form of public disability, your Social Security disability benefits may be reduced. Your combined incomes from your worker’s compensation and your Social Security disability benefits can not exceed 80%  of your monthly average earnings. To ensure that your disability benefits and worker’s compensation payments are not more than 80% of your average earnings, your Social Security disability payments will be reduced.

Workers compensation is payment made to a worker due to a job-related sickness or injury. Federal or state agencies, employers or insurance companies pay worker’s compensation. Worker’s compensation payments are counted as monthly earnings and combined with Social Security disability benefits, may not exceed 80% of your earnings.

Other payments that may influence your Social Security disability benefits are Public disability payments (PDB). Public Disability payments are paid under federal, state or local government law. PDB is different from worker’s compensation because PDB payments do not necessarily have to be for disabilities that are work-related. Some types of Public disability are civil service disability benefits, state or local government retirement benefits, and state temporary disability benefits.

If you would like more information on types of public disability that may affect the amount of Social Security disability benefits you receive, you can contact a Social Security disability lawyer, who is very knowledgeable about Social Security law.

Example:
Joe currently receives Social Security disability benefits for a disability. Joe is a construction worker and was injured on the job during a construction accident. For his work-related injury, he will begin to receive worker’s compensation payments in addition to Social Security disability payments. Worker’s compensation is different from Social Security disability benefits and Joe may receive both types of payments. However, the payments Joe receives from Social Security disability and worker’s compensation combined may not equal more than 80% of his average current earnings. This means that if the combined payments of worker’s compensation and Social Security disability are more than 80% of Joe’s monthly earnings, Joe’s Social Security disability payments will be reduced. Joe can contact a Social Security disability lawyer, who specializes in Social Security law, for more information about his Social Security disability benefits and how they are affected by worker’s compensation.

If you have a question about social security law or want to file a social security claim in California, contact the Law Office of Louis J. Vigorita now.

]]> http://www.disabilityattorneyblog.com/faq/how-workers-comp-affects-social-security-disability-benefits/feed/ 0 Social Security Disability Benefits for Prior Disability http://www.disabilityattorneyblog.com/faq/social-security-disability-benefits-for-prior-disability/ http://www.disabilityattorneyblog.com/faq/social-security-disability-benefits-for-prior-disability/#comments Fri, 07 May 2010 23:14:22 +0000 Louis Vigorita http://www.disabilityattorneyblog.com/?p=143 If you were disabled several years ago and are now healthy, you may be able to receive disability benefits for the time you were disabled and could not work. This will be considered as a closed period of disability. To receive benefits for a closed period of disability you must have filed a Social Security disability benefit application within 14 months after your disability ended. Or you must have filed a Social Security disability benefit application between 15 and 36 months after your disability ended, and your failure to file earlier was due to your physical or mental inability. In this case, you may be entitled to a set period of disability but not monthly payments. A closed period of disability will protect your status as insured and increase future retirement or Social Security disability benefits.

If you do qualify for Social Security disability benefits, you will have to wait 5 months before you can receive benefits. In addition, you may receive up to 12 months of “retroactive benefits” from the time your claim is filed. To find out if you are entitled to Retroactive Benefits and disability benefits for a closed period of disability, contact a Social Security disability lawyer today!

Example:
Joe was disabled with a serious injury and could not work for 13 months. Currently he is healthy and is working again. If Joe files an application for Social Security disability benefits within 14 months after his disability ended, he may be entitled to disability benefits for a closed period of disability. If Joe files for Social Security disability between 15 and 36 months after his disability ended and his delay in filing was due to his disability, he may qualify for a period of benefits, however not monthly payments. If Joe qualifies, he must wait 5 months for disability payments. Joe could receive additional benefits as well. He could receive up to 12 months of retroactive benefits. For more information about receiving disability benefits for a closed period of disability and if Joe can receive retroactive benefits, he should contact a Social Security disability lawyer who specializes in social security law.

If you have a question about social security law or want to file a social security claim in California, contact the Law Office of Louis J. Vigorita now.

]]> http://www.disabilityattorneyblog.com/faq/social-security-disability-benefits-for-prior-disability/feed/ 0 Defining Disability for Social Security Disability Benefits http://www.disabilityattorneyblog.com/faq/defining-disability-for-social-security-disability-benefits/ http://www.disabilityattorneyblog.com/faq/defining-disability-for-social-security-disability-benefits/#comments Fri, 07 May 2010 22:02:54 +0000 Louis Vigorita http://www.disabilityattorneyblog.com/?p=140 Social Security decides if you, as an adult, are disabled based on whether or not you are able to work due to a medical condition. Social Security does not provide benefits if you are partially disabled or have a short-term disability. If you are unable to do the work you were able to do before your disability, and your disability is expected to last at least one year or result in your death, you may be considered disabled. Your medical condition will be evaluated and how it influences your ability to work. Your medical examinations and information from your doctors will be reviewed as well to determine if you are considered disabled and qualify for Social Security disability benefits. A Social Security disability lawyer who specializes in social security law can help you file a Social Security disability claim.

Example:
Joe wants to file for Social Security disability benefits but he is not sure if he fits the definition of “disabled” according to the Social Security Administration. Joe broke his leg and is expected to not be able to work for 6 months. According to the Social Security Administrations definition of disabled, Joe is not disabled because his disability is not expected to last 1 full year or result in his death. For additional information about qualifying for Social Security disability benefits, Joe can contact a Social Security disability lawyer.

If you have a question about social security law or want to file a social security claim in California, contact the Law Office of Louis J. Vigorita now.

]]> http://www.disabilityattorneyblog.com/faq/defining-disability-for-social-security-disability-benefits/feed/ 0 Qualify for Social Security Disability Benefits with a Terminal Illness http://www.disabilityattorneyblog.com/faq/qualify-for-social-security-disability-benefits-with-a-terminal-illness/ http://www.disabilityattorneyblog.com/faq/qualify-for-social-security-disability-benefits-with-a-terminal-illness/#comments Fri, 07 May 2010 21:07:52 +0000 Louis Vigorita http://www.disabilityattorneyblog.com/?p=136 If you have a terminal illness, you can qualify for Social Security disability benefits. The requirements are the same for people with terminal illnesses as they are for non-terminal illnesses. If you are filing for disability benefits and you have a terminal illness, or potentially terminal illness, your claim will be reviewed as quickly as possible. Early in the claim review process, a Social Security representative will be made aware of your potentially terminal illness through your documents, or by a doctor, friend or family member. Special procedures are followed for claims involving terminal illnesses to make sure you receive Social Security disability benefits as soon as possible. You will also be assisted in the claims process in providing the necessary evidence. A Social Security disability lawyer can assist you in filing a claim and providing the sufficient evidence needed to qualify for Social Security disability benefits efficiently.

Example:
Jane was recently diagnosed with ALS ( Lou Gehrig’s Disease). Jane, with the help of her husband and her Social Security disability lawyer, is filing for Social Security disability benefits. The requirements for disability benefits are the same if Jane has a disability such as a back injury or something more life-threatening like ALS. In Jane’s application, there is information about her  life-limiting disability. Jane’s lawyer files the disability claim for her and the nature of her disability is quickly  discovered in the review process. All actions are taken to help Jane receive Social Security disability benefits as soon as possible. Jane is assisted by the person reviewing her claim and her Social Security disability lawyer to speed up the claims process.

If you have a question about social security law or want to file a social security claim in California, contact the Law Office of Louis J. Vigorita now.

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