September 17, 2019

Episode 21 – Complex Social Security, Workers Comp, Bankruptcy and Med Mal Problem

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Here is a question I received by email from a lady named Brenda.  She raises a number of issues, Social Security, workers’ compensation, bankruptcy, the timing of her Social Security application and even medical malpractice.   If Social Security disability was a law school class, this would be a final exam question:

I was injured in may of 2004, my workers comp case is still pending. My question is that I have applied for disablity but I have been denied 3 times. Not sure if I should apply now or wait until I settle my comp case. Please let me know if that is what I need to do, I have also talked to your staff but did not go any further due to this concern. Also I
had to file bankrupsty and it will be over in July , should I wait for that to be over before I file for disabilty. My injures are crushed ankle, back injury that cannot be operated on, and got staph when my comp doctor gave me a shot in my ankle, they mess around on who was at fault and in the meantime after my frist surgery I was not cared for enough due to the cliaming who was at fault.  THen the staph went into my bone had 2 have another surgery,
thanks for your time

Episode 7

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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.

Episode 6

Episode 6 – Show Notes

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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.

Episode 5

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.

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Episode 1

Jonathan answers two questions about the Social Security disability process.

1. How do you know how much in retroactive benefits you will recover? Example: Tom applies for SSDI benefits in March, 2006, alleging that his disability began in April, 2004. Tom has a hearing in July, 2007 and wins. If the Judge accepts his argument about the April, 2004 onset date, how much will he get in past due benefits? a. At most, Tom can only get paid past due benefits for one year prior to his application date. Therefore, Tom gets past due benefits from March, 2005 through July, 2007. Starting in August, 2007, he will get on-going benefits. b. There is a five month waiting period that applies as of the onset date. Here, the five full month period starts in May, 2004 through September, 2004. Therefore, Tom gets the full March, 2005 through July, 2007 past due benefit. c. If the Judge found that Tom’s disability began on February 12, 2005, the five month waiting period begins in March through July, 2005. Tom’s past due benefit runs from August, 2005 through July, 2007.

2. What does the Judge do after your hearing and what are your options if you lose? a. The Judge may issue an abbreviated “bench decision” finding in your favor. b. The Judge may send the case to a “writer” for a full decision – this can take one to six months or longer. c. If you receive an unfavorable or partially favorable decision and want to appeal, you must file your appeal to the Appeals Council within 60 days after receipt of the decision.