Bill Gordon and Associates » social security benefits http://www.billgordon.com Social Security Disability Representatives Wed, 24 Mar 2010 04:25:31 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 Social Security and the Americans with Disabilities Act http://www.billgordon.com/disability-benefits/social-security-and-the-americans-with-disabilities-act http://www.billgordon.com/disability-benefits/social-security-and-the-americans-with-disabilities-act#comments Thu, 18 Jun 2009 06:03:29 +0000 Travis http://www.billgordon.com/?p=793

Is it possible for somebody to be able to work and not be able to work, at the same time?

Surprisingly, yes. Here’s some background.

Under the Americans with Disabilities Act, and possibly under other state or local laws, your employer must provide you with accommodations (such as a wheelchair ramp, for example) that assist you in doing your work, unless your employer can demonstrate that doing so would cause undue hardship. Whether an employer is required to provide a particular accommodation or not is a complex area of law.

Although employers are generally required to provide accommodations only to qualified employees (that is, those who can work), and Social Security disability benefits are available only to those who are incapable of substantial gainful employment (that is, those who can’t work), the Supreme Court has ruled that applying for Social Security benefits does not automatically exclude you from the protection of the Americans with Disabilities Act.[1] This is because there are workers who are able to work only with accommodations from their employers. If you believe that you may fall into that category, then in order to preserve your rights under both sets of laws, it is very important that you obtain legal advice.

To preserve your claim, it is also important to be honest at all times. Our firm can assist you with your application for Social Security disability benefits while you continue to seek accommodation from your employer or former employer.

[1]See Cleveland v. Policy Management Systems Corp., 526 U.S. 795 (1999).

]]> http://www.billgordon.com/disability-benefits/social-security-and-the-americans-with-disabilities-act/feed 0 Benefits For Your Family http://www.billgordon.com/disability-benefits/benefits-for-your-family http://www.billgordon.com/disability-benefits/benefits-for-your-family#comments Sat, 28 Mar 2009 16:31:54 +0000 Travis http://www.billgordon.com/?p=500 Family Benefits

If you receive Social Security disability or retirement benefits, the following members of your family may also receive benefits:

  • your spouse, if
    • the spouse is at least 62 years of age, or
    • caring for a child under age 16, or
    • caring for a disabled child who receives Social Security benefits
  • your divorced spouse, if
    • the marriage lasted at least 10 years, and
    • the spouse is at least 62 years of age, and
    • the spouse is not married to somebody else, and
    • the spouse is not eligible for an equal or higher benefit amount based on their own, or anybody else’s, Social Security earnings record (see “work credits,” above).
  • your child, if:
    • under 18 years of age, or
    • under 19 years of age, and a full-time student no higher than the 12th grade or
    • disabled, if the disability began before age 22.

Likewise, if you became disabled before the age of 22, you may be eligible to receive Social Security benefits based on your parents’ work “credits”. Children and adults who became disabled as children may also be eligible for Supplemental Security Income.

]]> http://www.billgordon.com/disability-benefits/benefits-for-your-family/feed 0 The two kinds of disability benefits http://www.billgordon.com/disability-benefits/the-two-kinds-of-disability-benefits http://www.billgordon.com/disability-benefits/the-two-kinds-of-disability-benefits#comments Sat, 28 Mar 2009 16:24:17 +0000 Travis http://www.billgordon.com/?p=497

In a nutshell

Social Security offers benefits for the retired, the disabled, and members of their families. Disability benefits include both Social Security Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI).

Social Security Disability Insurance
  • Social Security Disability Insurance Benefits (DIB) are based on Social Security (payroll) taxes, so to qualify, you must have accumulated “credits” resulting from work experience.
  • To receive benefits you must also be so severely disabled that you cannot do “substantial gainful” work.
Supplemental Security Income (SSI)
  • To qualify for SSI, you must have severe financial need.
  • To receive SSI benefits, you must also be:
    • blind, or
    • so severely disabled that you cannot do “substantial gainful” work, or
    • at least 65 years of age.

If you can work but only with accommodation from your employer, you can still apply for either (or both) of these disability programs. A lawyer can assist you in avoiding any traps or pitfalls that may occur.

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]]> http://www.billgordon.com/disability-benefits/the-two-kinds-of-disability-benefits/feed 0 Avoid being bitten by the backlog bug http://www.billgordon.com/disability-appeals/avoid-being-bitten-by-the-backlog-bug http://www.billgordon.com/disability-appeals/avoid-being-bitten-by-the-backlog-bug#comments Thu, 26 Mar 2009 04:46:19 +0000 Travis http://www.billgordon.com/?p=490 The disability appeals hearing backlog

When you become disabled, you probably have a lot of things on your mind. If you can’t work, you’re wondering how you can possibly restore your income so you can receive medical treatment and get back to work. So, you apply for disability benefits. Then what happens?

  • About 40% of all claims are approved within a few weeks to a few months of the initial application. The Social Security Administration has a statistical scoring method that prioritizes certain disability claims. Call us at 1-800-819-8123 for more information.
  • Some claims are partially approved; for example, they may approve the claim but say that the disability began later than when you actually stopped working. If this happens, it’s important to consult a lawyer before attempting to appeal. Call us at 1-800-819-8123 to discuss your options.
  • Many claims are disapproved.

Luckily, if your claim is one of the many that’s disapproved, you can appeal. Your first appeal is known as a request for reconsideration. About 20% of these are approved.

So what do you do if your claim is denied twice? You request a hearing. And more than half of all claims that reach the hearing stage are approved! However, there’s a backlog of cases that have been waiting for hearings. In some parts of the country, the backlog is virtually non-existent, but in other parts of the country, cases have been waiting almost three years for a hearing. The reasons for regional variation are complex, but the backlog itself is caused in part by underfunding and understaffing of the Social Security bureaucracy, combined with periodic increases in Social Security claims that occur when people file who are unable to work because of economic conditions rather than because of a bona fide medical disability.

Here’s the good news. If your disability is so severe that it matches one of the listings of impairments maintained by the Social Security Administration, there are a number of things you can do to increase your chances of winning, even before you see a lawyer.

  • Get medical treatment for your condition, and follow the advice of your doctor to the best of your ability.
  • If you are unable to afford to see a doctor, check with local churches and non-profit organizations to see if you can get a referral.
  • Talk to your doctor. Your doctor can determine whether your condition meets any of the listings of impairments.
  • If your doctor tells you not to work, or volunteers to participate in your case, then print out the URL
    http://www.socialsecurity.gov/disability/professionals/bluebook/listing-impairments.htm
    and ask the doctor to review the list and see if you qualify. A letter from a doctor saying that you meet or equal a specific listing carries far greater weight than a letter merely saying that you are disabled.
  • If your doctor thinks your condition meets or equals a Social Security listing and that you cannot work, then ask him to send the records directly to the disability determination service. If you are a Bill Gordon client, we can provide you with the mailing address or fax number where your doctor can send the records. The Social Security Administration is actually required to give great weight to your doctor’s diagnosis of your condition – if it is supported by your medical records!
  • If asked by the Social Security Administration or the disability determination service to attend a “consultative examination,” it is very important that you go. The Social Security Administration only schedules “consultative examinations” if there is not enough information in your medical records for them to determine whether you meet their definition of disability. Remember that the government pays the cost of consultative examinations. If it is not possible for you to make it to the location of the doctor who will perform the exam, then call the number printed on the examination notice to reschedule. If you have difficulty rescheduling, then call us at 1-800-819-8123 immediately. If you don’t show up for a consultative examination, your claim will likely be denied.
  • Doctors who do consultative examinations sometimes try to determine whether you are “exaggerating” your disability, and if they think you are, they could issue a report that may result in a denial. Rather than try to outsmart the examiner, try to act as if you are being examined by your own doctor; that way, the doctor doing the examination will be more likely to focus on how to diagnose your condition accurately. Ask the examiner to send a copy of the report to your own doctor; if you are lucky, this report may assist your doctor in treating your condition more effectively. If, however, the exam is not thorough, or if you are not treated respectfully, then call us at 1-800-819-8123.

In a nutshell, doctors are qualified to say that you meet or equal specific listings, whereas lawyers are qualified to say you are disabled. (That’s because the statement that you are “disabled” is a legal conclusion, based on a knowledge both of your condition and of the law.) By making the best possible use of the expertise of your doctor and any other doctors who examine you, you improve the chances of winning your case.

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