In this episode, I address the question - what should a Social Security client expect from his attorney. With disability cases taking up to three years start to finish, you should feel confident that your lawyer has a plan for managing your case during this long period of time. Very few consumer law cases take more than a few months - you need to know that your lawyer is capable of managing your case over an extended period of time. My guest this episode is attorney Ron Miller. Ron is the managing partner of the Disability Law Group based in California. Ron's firm is a multi-state firm in that he and his lawyers travel throughout the country to represent claimants in many other States. Having known Ron for several years, I often wondered how he and his staff managed to keep so much information organized and to prepare so well for disability hearings. Today, you will get a glimpse into how Ron approaches this issue. When I approached Ron about appearing on ssdRadio and asked if he had a specific topic in mind, he immediately expressed his desire to talk about the level of service that an attorney ought to provide to his clients. This is the first part of my interview with Ron - I'll post the remainder of our discussion in a later show. I hope you enjoy learning about top notch client service from a lawyer who works to provide this level of service every day.

Technorati Tags: social security disability, delays in ssdi cases, attorney ron miller, disability law group california, jonathan ginsberg

In this episode I answer two listener questions. The first question has to do with eligibility for Title II benefits. Terrilyn writes to say that her SSDI statement shows that she does not have 20 credit hours of work and that she last worked in 1995. Is there any way that she would be eligible for SSDI. The answer is "yes" and I explain how. The second question is from Christy and she writes to say that she has been diagnosed with MS, and that she applied and was turned down several years ago. She has been trying to work since then with limited success and now her condition has worsened. Should she apply again and what issues might she face.

Technorati Tags: credit hours for SSDI benefits, reapply for benefits, MS and SSDI

In this episode I discuss the term "residual functional capacity" and explain why your "RFC" is such an important part of your claim for Social Security disability benefits.

Technorati Tags: residual functional capacity, RFC

In a departure from my practice of answering blog visitor questions, in this episode I am presenting an interview I recently conducted with attorney John Hogan, who represents Social Security disability lawyers in the 11th Circuit on the board of NOSSCR (National Organization of Social Security Claimant's Representatives). The issues that John and I discuss are timely in that on August 1, 2006 Social Security is launching a new disability determination process. This new process will be introduced in a few northeastern States this year, with the rest of the country being added year by year over the next seven years. John explains how the new process works, NOSSCR's role in advocating for both claimants and representatives and we both discuss our concerns about whether SSA can successfully make some of the big changes that are being planned. The interview runs about 27 minutes - which is a bit longer than my normal ssdRadio installment, but I felt that presenting this interview in its entirety made more sense than breaking it up into two shorter installments. If you are either a claimant or a claimant's rep and you have experience with or thoughts about this new adjudication process, please let me hear from you.

Technorati Tags: John Hogan, Social Security disability, new disability process, elimination of reconsideration, federal reviewing officers

In this installment, I answer three questions from listeners and I discuss Social Security's new Social Security Disability Regulations that go into effect on August 1, 2006. 1) Brenda writes to ask: "how bad does my health have to be before I can receive disability?" 2) Darrell asks: "how can I find out the status of my disability claim online?" 3) Scarlett writes: "my husband suffers from chronic pain, failed cervical (neck) surgery and he has had lower back surgery. His cervical vertebrae are fusing together on their own and he has uncontrollable spasms in his right arm and hand. His doctor will not give us a written statement. He filed is claim for Social Security disability in 2000 and the case has been appealed up to the federal district court. The district court has sent the case back to the original Social Security judge for a new hearing. Is it possible that the judge will make the right decision?" New Social Security Disability Regulations. See Troy Rosasco's post on Disabled Worker Law Blog.

Technorati Tags: chronic pain, new social security disability regulations, social security online

In this installment, I answer two questions from listeners: 1) Ron writes to say that he has received a notice from Social Security demanding that he repay $70,000. They contend that he has been overpaid. They have further advised him that "it is too late to appeal" and they have stopped his monthly check. Does he have any options. Reconsideration of Overpayment calculation-form SSA-561-U2 Request for Waiver of Overpayment - form SSA-632-BK 2) Liliane writes to say that he has received a favorable decision on her SSI claim but the onset date for her disability shown on the decision is the date the actual application was completed, which is about a year after she initially contacted Social Security to start the application process. She wants to know if she has any recourse to collect that missing year.

Technorati Tags: request for waiver of overpayment, request for reconsideration of overpayment, amending start date for SSI benefits, amended onset date, date of application, protective filing date

Episode 6 - Show Notes

Question 1: After my wife received Short Term Disability for 5 months, I called my wife's plan administrator to get an update today. They told me her claim was denied as of 2 weeks ago. Had I not called we would not have known. She is unable to work due to seizures and depression. Her MD agrees. What recourse do we have?

Question 2: Mostly, I'd like to know if I could file a Disability Claim, with current prostate trouble? Also have Acute Arthritis in left and right hands, also have Hernia condition, and severe Stomach Ulcer problems as well. Just what can I file for? One of these or just a couple or all of the above? My prostate problems are bad enough to keep me from working at a regular rate of man hrs., due to frequent urinations, and cramping while in some positions, as well as Hernia Condition, that was deemed inoperable, due to severe cholesterol levels. Which also prevents me from working at any length, of endurance.

Technorati Tags: Long Term Disability claim, LTD, STD, short term disability, multiple medical problems, strategy for winning Social Security claim, prostate and Social Security disability

My husband was injured in a job related accident 2002. He went though surgury a fusion on his neck. We get workman comp. right now. He has alway tried to work where now he's had to quit. We have attorney on this and all. But the doctor and all told him he needs to apply for social security disability. He has chronic nerve damage, he can't use he left arm without feeling a lot of pain. Doctors say it's going to get worse though the years. He's applied for it once and got turned down. But at that time he was still working some. But, what all that is going on with him, he got charged with a felony, It was over pot. What I'm wondering would that stop he's chance of getting disability. If it isn't can you advise me on where to go from here on this? Thank you, April S.

Technorati Tags: arrest and SSDI, working and applying for Social Security

In this episode, I answer two more questions: 1. Kate writes to ask how she can terminate her lawyer, who she says is not doing his job. 2. Kenneth writes to say that he has a significant heart problem and his current cardiologist supports him but the previous cardiologist has the attitude "if he can walk, he is not disabled." Kenneth wonders if the first cardiologist's attitude is going to doom his case.

Technorati Tags: terminate disability lawyer, heart problems and disability, doctors and social security disability

In this episode, I answer two questions: 1. Gladys writes to say that she has bilateral carpel tunnel syndrome but has been turned down twice by Social Security. She has returned to work and has been able to work because of regular shots she is getting from her doctor. Gladys will be retiring in June, 2006 and wants to know if she has a chance at winning 2. Sandy writes to say that she has been working part time for several years and only has 18 credits and therefore does not meet the non-medical qualifications for Title II. I assume that her husband earns enough that Sandy would not qualify for SSI. She wants to know what she should do to try to qualify for Title II disability.

Technorati Tags: carpel tunnel syndrome and social security, part time work and social security disability