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	<title>articles.swaneylawfirm.com &#187; Social Security/Disability</title>
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		<title>St Louis Social Security Disability Attorney In News For Local Case: Article by Bill MCClellan-Disabled Womans Case Seems Stuck</title>
		<link>http://articles.swaneylawfirm.com/index.php/2011/06/22/st-louissocial-security-disability-attorney-in-new-for-local-case/</link>
		<comments>http://articles.swaneylawfirm.com/index.php/2011/06/22/st-louissocial-security-disability-attorney-in-new-for-local-case/#comments</comments>
		<pubDate>Wed, 22 Jun 2011 22:53:46 +0000</pubDate>
		<dc:creator>Swaney</dc:creator>
				<category><![CDATA[Social Security/Disability]]></category>

		<guid isPermaLink="false">http://articles.swaneylawfirm.com/?p=194</guid>
		<description><![CDATA[I recently had an article posted about one of my clients.There was no medical proof of her disability when she came into my office.Contrary to the point  made in the article is the fact that a Judge cannot find that someone is disabled because it is &#8220;evident&#8221; just from their appearance.A judge must have medical [...]]]></description>
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<div>I recently had an article posted about one of my clients.There was no medical proof of her disability when she came into my office.Contrary to the point  made in the article is the fact that a Judge cannot find that someone is disabled because it is &#8220;evident&#8221; just from their appearance.A judge must have medical proof and must require us to produce it in order to comply with the Social Security Disability Act. The Judge ultimately did find in favor of my client after we were able to develope medical evidence to support the claim.     Jeff Swaney<strong> PART I</strong><br />
&nbsp;</p>
<h3>And Some People Think It&#8217;s Real Easy To Get On Social  Security Disability</h3>
<div>
<div>From <a href="http://www.stltoday.com/news/local/columns/bill-mcclellan/article_481fedd9-cb06-5922-bd00-9500fdad0d40.html">Bill  McClellan&#8217;s column</a> in the St. Louis Post-Dispatch:&nbsp;</p>
<div>
<blockquote>
<div>Marcella Myer, who is 52, was a clumsy child.  Not that she remembers it that way. She shook her head when I asked if she ever  felt there was something wrong with her. But her mother remembers. &#8220;She used to  fall in the middle of the floor,&#8221; said Delorse Knehans. &#8230;</div>
<p>She has lived with her mother her entire life.  She never married. After graduating from Lutheran South High School, she worked  at a gas station and then in nursing homes. Then she got a job in the warehouse  at Famous-Barr, which, of course, became Macy&#8217;s. She lost that job in 2008. She  told me she just couldn&#8217;t keep up anymore.</p>
<p>By that time, Lisa [her niece] had noticed  [Marcella's] condition deteriorating. Her gait was becoming increasingly  unsteady. Her speech was slurred. She has been diagnosed with cerebral palsy.  &#8230;</p>
<p>Lisa suggested she apply for Social Security  disability. &#8220;You just can&#8217;t work any more,&#8221; she said.</p>
<p>Marcella applied for disability. She was turned  down. She had a hearing on that denial in March of this year.</p>
<p>Attorney Jeffrey Swaney was at the Social  Security office representing another client when Marcella&#8217;s case was called.</p>
<p>&#8220;I was sitting in the waiting room when they  called her. I knew it was an appeal, and I remember thinking, &#8216;How could this  woman have been denied?&#8217; You could see she was profoundly disabled,&#8221; he  said.</p>
<p>Later that afternoon, Swaney got a phone call  from Lisa. She had seen his ad in the Yellow Pages about Social Security  disability claims.</p>
<p>&#8220;She said her aunt had just had an appeal and had  been denied and she started describing it, and I said, &#8216;I was sitting right  behind you.&#8217;&#8221;</p>
<p>So Swaney took the case. He said the problem was  a lack of medical documentation.</p>
<p>Incidentally, by this time, Marcella had suffered  a series of strokes. She had difficulty speaking. She had to use a cane to  walk.</p>
<p>A hearing was scheduled for August.</p>
<p>By then, Marcella was in the nursing home. A  doctor from the nursing home wrote that she would never be able to return to the  second-story condominium. Lisa and Marcella felt confident that Marcella would  finally be approved for disability.</p>
<p>The administrative law judge declared there was  not enough information upon which to base a decision. He gave Swaney 30 days to  gather more information.</p>
<p>Swaney told me he sent in the additional  information this past week. He said he felt optimistic.</p>
<p>I visited Marcella on Friday. Because her speech  is slurred, Lisa was there to help interpret for me. Marcella said she has gone  through her entire savings since she last worked two years ago. After she  exhausted her savings, she began living on a credit card. She is about maxed  out, she said. &#8230;</p>
<p>When I got back to the newspaper, I called  Swaney. I said I was surprised the judge needed more medical records. Marcella  clearly seemed disabled to me, I said.</p>
<p>&#8220;If she&#8217;s faking it,&#8221; he said, &#8216;she should be an  Academy Award-winning actress.&#8221;</p></blockquote>
<p>&nbsp;</p>
</div>
</div>
</div>
<p><strong> PART II</strong></p>
</div>
<p>Marcella Myer was sitting on her bed in the nursing home when I visited her Wednesday. She looked exactly as she looked when I saw her in September. In fact, she was sitting in the same bed. Nothing had changed.</p>
<p>How could that be?</p>
<p>Marcella is 53. (That has changed. She had a birthday in November.) She is in the Woodland Manor Nursing Center in Arnold, which seems like a nice nursing home. But even a nice nursing home is not a great place for a 53-year-old woman. Truth is, it&#8217;s more appropriate for her mother.</p>
<p>That would be Delorse Knehans, who is 85 and lives down the hall.</p>
<p>Marcella has always lived with her mother. She never married. After graduating from Lutheran High School South, she got a job at a gas station and then worked as an aide in nursing homes. Finally, she got a job in the warehouse at Famous-Barr, which, of course, became Macy&#8217;s. She lost that job in 2008. She told me she just couldn&#8217;t keep up anymore.</p>
<p>Something was wrong. Her niece, Lisa Volner, had noticed a slurring of her speech. Her gait was increasingly unsteady. She went to a doctor who said she had a form of cerebral palsy.</p>
<p>By this time, she was also having problems keeping up at home. She and her mother were renting a second-story condo, and taking care of her mother just got to be too much. So in the summer of 2008, Delorse moved into the nursing home.</p>
<p>Marcella applied for disability. She was turned down. She had a hearing on that denial last March. By that time, she had suffered a series of strokes. She walked with a cane. She could hardly talk.</p>
<p>Attorney Jeffrey Swaney was at the Social Security office with another client when Marcella&#8217;s case was called.</p>
<p>&#8220;I knew it was an appeal, and I remember thinking, ‘How could this woman have been denied?&#8217; You could see that she was profoundly disabled,&#8221; he told me in September when I first wrote about this case.</p>
<p>At any rate, he ended up with the case. A new hearing was scheduled for August.</p>
<p>But in July of last year, on Delorse&#8217;s birthday, Marcella and Lisa decided to take Delorse out to dinner. They stopped at a grocery store to buy flowers. Marcella fell. She ended up in the hospital.</p>
<p>After a few days, the hospital decided she should go to a nursing home to recuperate. She went to Woodland Manor to be with her mother.</p>
<p>In August, the administrative law judge said there was not enough information upon which to base a decision. Lisa gathered doctors&#8217; reports and gave them to Swaney. He gave them to the judge.</p>
<p>When I visited in September, everybody seemed confident that a decision would be rendered soon.</p>
<p>I had no question what the decision would be. Marcella could hardly talk. She could hardly walk.</p>
<p>But in November, she was ordered to go to an office on Brentwood Boulevard for a psychological evaluation. The psychologist noted that the medical records indicated &#8220;a history of cerebral palsy, spastic paraparesis, and degenerative arthritis with lumbar stenosis, gait disorder/ataxia, stroke, hypertension&#8221; and various other maladies.</p>
<p>That&#8217;s not enough?</p>
<p>By the way, the psych evaluation said Marcella functions within the &#8220;borderline range&#8221; of intelligence and has verbal comprehension in the &#8220;low average&#8221; range.</p>
<p>&#8220;Her knowledge of current events was adequate as evidenced by her ability to name the current President and Mayor, but not the Governor.&#8221;</p>
<p>The governor? Who can name the governor? We haven&#8217;t seen or heard from him in two years. And what does that have to do with disability, anyway?</p>
<p>Obviously, the administrative judge is in no rush to make a decision.</p>
<p>Perhaps you&#8217;re thinking that because these decisions are retroactive, time is not of the essence.</p>
<p>But when Marcella went into the hospital and then the nursing home, she put all her furniture &#8211; a lifetime&#8217;s worth of stuff &#8211; in storage. She has gone through her savings. She has maxed out her credit card. Lisa has helped as much as she can. But the storage unit was locked for lack of payments. If it&#8217;s not paid by the middle of next month, the contents will be sold at auction.</p>
<p>Furthermore, if Marcella&#8217;s disability claim is approved, she is eligible for Medicare. She needs it.</p>
<p>Perhaps most importantly, a nursing home is not an appropriate place for a 53-year-old woman. Michelle Pannier, the director of Social Service at Woodland Manor Nursing Center, told me that she is hopeful of helping Marcella get into some kind of assisted-living arrangement.</p>
<p>Before I left, I went back to say goodbye to Marcella. She was sitting on the bed.</p>
<p><small><a id="license-de1d849d-fa80-5e6c-84a3-d4c98aa686da" rel="item-license" href="http://www.stltoday.com/help/terms-of-service/"> NOTE: Marcella was later approved for Social Security Disabilty benefits.<br />
</a></small></p>
<p>&nbsp;</p>
</div>
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		<title>St Louis Social Security Disability Lawyer Cites News Article about the Backlog of Hearings in Missouri</title>
		<link>http://articles.swaneylawfirm.com/index.php/2011/06/20/st-louis-social-security-disability-lawyer-cite-artice-regarding-backlog-in-missouri/</link>
		<comments>http://articles.swaneylawfirm.com/index.php/2011/06/20/st-louis-social-security-disability-lawyer-cite-artice-regarding-backlog-in-missouri/#comments</comments>
		<pubDate>Mon, 20 Jun 2011 20:59:44 +0000</pubDate>
		<dc:creator>Swaney</dc:creator>
				<category><![CDATA[Social Security/Disability]]></category>

		<guid isPermaLink="false">http://articles.swaneylawfirm.com/?p=181</guid>
		<description><![CDATA[If you have been wondering why it is taking so long for your Social Security Disability Hearing to be scheduled, you should read this article from USA Today. Backlog grows for Social Security appeals By Kevin McCoy, USA TODAY More than 728,000 Americans are awaiting appeal hearings for Social Security disability benefits, a 5% jump [...]]]></description>
			<content:encoded><![CDATA[<p>If you have been wondering why it is taking so long for your Social Security Disability Hearing to be scheduled, you should read this article from USA Today.</p>
<h2>Backlog grows for Social Security appeals</h2>
<div class="info">
<h3><span id="byLineTag">By <a class="linkedBylineName" href="http://content.usatoday.com/topics/reporter/Kevin+McCoy"><span style="color: #00529b;">Kevin McCoy</span></a>, USA TODAY</span></h3>
</div>
<p><script type="text/javascript"></script></p>
<p>More than 728,000 Americans are awaiting appeal hearings for <a title="More news, photos about Social Security" href="http://content.usatoday.com/topics/topic/Legislation+and+Acts/U.S.+Government/Social+Security"><span style="color: #00529b;">Social Security</span></a> disability benefits, a 5% jump in pending cases during the last year, a new report shows.</p>
<div class="inset"><script type="text/javascript"></script></div>
<p class="inside-copy">The increase, partly a result of more disabled persons unable to find jobs during the recession, may make it harder for the <a title="More news, photos about Social Security Administration" href="http://content.usatoday.com/topics/topic/Organizations/Government+Bodies/Social+Security+Administration"><span style="color: #00529b;">Social Security Administration</span></a> to continue reducing waiting times for benefits rulings, according to the analysis.</p>
<p class="inside-copy">&#8220;History shows that if this growth is unchecked, as hearing dockets become more and more clogged, wait times will grow,&#8221; said the Transactional Records Access Clearinghouse, a data research organization at <a title="More news, photos about Syracuse University" href="http://content.usatoday.com/topics/topic/Organizations/Schools/Syracuse+University"><span style="color: #00529b;">Syracuse University</span></a> that studied the data through March 31.</p>
<p class="inside-copy">Social Security Administration Commissioner Michael Astrue questioned the significance of the increase in pending appeals, which new data from the agency shows have jumped to 740,998 as of May 27. While TRAC officials said that buttressed their report&#8217;s findings, Astrue said the more meaningful measure was the faster processing and decision-issuing times produced by his agency&#8217;s improvement efforts.</p>
<p class="inside-copy">However, he said it was uncertain whether the agency would meet its goal to reduce the average waiting time for benefits — 367 days on average nationally for October through April — to 270 days by 2013. The TRAC report cites agency statistics that show wait times peaked at an average of 514 days for cases disposed of in federal fiscal year 2008.</p>
<p class="inside-copy">&#8220;That&#8217;s a fair question,&#8221; said Astrue, noting that his agency has been hit by federal budget cuts that forced cancellation of plans to open eight additional hearing offices. &#8220;I think we will continue to make progress. Whether we will hit the goal on time … I don&#8217;t know. I think we will be close.&#8221;</p>
<p class="inside-copy">The TRAC report examined data from the system that handles applications for <a title="More news, photos about Social Security Disability Insurance" href="http://content.usatoday.com/topics/topic/Social+Security+Disability+Insurance"><span style="color: #00529b;">Social Security Disability Insurance</span></a>, which pays benefits to those who show they have long-term injuries that prevent them from working, and <a title="More news, photos about Supplemental Security Income" href="http://content.usatoday.com/topics/topic/Supplemental+Security+Income"><span style="color: #00529b;">Supplemental Security Income</span></a>, designed for aged, blind or disabled people who have little or no income.</p>
<p class="inside-copy">In all, the two programs will account for more than $180 billion in benefit outlays for an estimated 18.3 million people during federal fiscal year 2011, federal data shows.</p>
<p class="inside-copy">Applicants first apply to local agencies in their states, who handle initial reviews. Those who are denied twice are entitled to appeal to one of the Social Security Administration&#8217;s nearly 1,400 administrative law judges, competitively appointed officials who issue rulings on benefits appeals applications.</p>
<p class="inside-copy">The number of pending cases varies from state to state, the TRAC analysis found. Connecticut, Arkansas and Louisiana had the highest percentage declines from March 2010 to March 2011, while Nevada, Georgia and <a title="More news, photos about New Mexico" href="http://content.usatoday.com/topics/topic/Places,+Geography/States,+Territories,+Provinces,+Islands/U.S.+States/New+Mexico"><span style="color: #00529b;">New Mexico</span></a> had the largest increases during that time.</p>
<p class="inside-copy">Ethel Zelenske, government affairs director for the National Organization of Social Security Claimants&#8217; Representatives, said the decrease in waiting times is more significant than the increase in pending cases.</p>
<p class="inside-copy">&#8220;Even though more cases are coming in, they&#8217;re deciding cases faster. For someone who&#8217;s applying for benefits, that&#8217;s the bottom line,&#8221; Zelenske said. &#8220;The concern is, will the SSA be able to continue the progress that&#8217;s been made? And that&#8217;s tied to the budget.&#8221;</p>
<p class="inside-copy"><strong>An excellent read from USA Today</strong>.  Please call us today for a free consultation regarding your social security disability claim at (314) 481-7778 or on the web at <a href="http://www.swaneylawfirm.com">www.swaneylawfirm.com</a></p>
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		<title>St. Louis Social Security Disability Attorneys Are Pleased To See Progress In Efforts to Reduce Backlog</title>
		<link>http://articles.swaneylawfirm.com/index.php/2009/06/11/st-louis-social-security-disability-attorneys-are-please-to-see-progress-in-efforts-to-reduce-backlog/</link>
		<comments>http://articles.swaneylawfirm.com/index.php/2009/06/11/st-louis-social-security-disability-attorneys-are-please-to-see-progress-in-efforts-to-reduce-backlog/#comments</comments>
		<pubDate>Thu, 11 Jun 2009 22:29:09 +0000</pubDate>
		<dc:creator>tni_adm</dc:creator>
				<category><![CDATA[Social Security/Disability]]></category>
		<category><![CDATA[social security]]></category>
		<category><![CDATA[St. Louis social security disability attorney]]></category>
		<category><![CDATA[St. Louis social security disability lawyer]]></category>

		<guid isPermaLink="false">http://articles.swaneylawfirm.com/?p=72</guid>
		<description><![CDATA[STL News reports that there are efforts underway to reduces backlogs in the St. Louis and Creve Couer Offices. &#8220;The agency has begun making offers to 144 of the 175 new welcome any efforts to help those who are suffering due to delays.The hiring of these new ALJs is a critical step in our plan [...]]]></description>
			<content:encoded><![CDATA[<p>STL News reports that there are efforts underway to reduces backlogs in the St. Louis and Creve Couer Offices. &#8220;The agency has begun making offers to 144 of the 175 new welcome any efforts to help those who are suffering due to delays.The hiring of these new ALJs is a critical step in our plan to reduce the backlog of disability cases,&#8221; Commissioner Astrue said.  &#8220;They represent one of the largest investments in ALJs this agency has ever made.  When these ALJs are fully-trained, and combined with the other steps we are taking, we will be able for the first time in this decade to reduce the number of cases waiting for a disability hearing.  I can hardly wait for them to start.&#8221; As a social security disability attorney, I can&#8217;t be sure how soon the effects will be felt, but atleast I can tell my clients that something is being done.</p>
<p>STL News reports, &#8220;The new ALJs will be brought on board in phases with the first hires reporting for duty in April, when they will begin an intensive orientation and training program.  While initially handling a reduced docket, newly hired ALJs should be scheduling a full docket of cases by the end of the year.&#8221; We can only hope so.</p>
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<div class="caption" style="margin-top: 20px;"><strong>ANNOUNCEMENT</strong></p>
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<div class="entry">
<p style="text-align: left;"><strong> </strong><strong>New Hires a Key Step in Reducing Agency&#8217;s Backlog of Disability Cases</strong></p>
<p>Michael J. Astrue, Commissioner of Social Security, today announced that the agency has begun making offers to 144 of the 175 new Administrative Law Judges (ALJs) it will hire this fiscal year.  Due to litigation and budget cuts, the agency has about 10% fewer ALJs than it did a decade ago.  During that same time, the number of cases waiting for a hearing decision has more than doubled.</p>
<p>&#8220;The hiring of these new ALJs is a critical step in our plan to reduce the backlog of disability cases,&#8221; Commissioner Astrue said.  &#8220;They represent one of the largest investments in ALJs this agency has ever made.  When these ALJs are fully-trained, and combined with the other steps we are taking, we will be able for the first time in this decade to reduce the number of cases waiting for a disability hearing.  I can hardly wait for them to start.&#8221;</p>
<p>The new ALJs will be brought on board in phases with the first hires reporting for duty in April, when they will begin an intensive orientation and training program.  While initially handling a reduced docket, newly hired ALJs should be scheduling a full docket of cases by the end of the year.</p>
<p>STL News Quotes:</p>
<p>&#8220;I have been very impressed with the caliber of the candidates eager to take on the challenging role of a Social Security ALJ,&#8221; Commissioner Astrue noted.  &#8220;These new ALJs are top-notch legally and comfortable working in an electronic environment, which is of utmost importance as we strive to increase the efficiency and productivity of our ALJ corps.&#8221;In May of last year, I presented Congress with a detailed plan to reduce the backlog of disability cases,&#8221; Commissioner Astrue said.  &#8220;I am pleased to report that, with the strong support of the President and Members of Congress from both parties, we have been able to move forward with that plan.  I urge Congress to continue its support with timely action on the President&#8217;s fiscal year 2009 budget request for Social Security.  A delay in fully funding the President&#8217;s request will undermine the many positive steps we have taken this year.&#8221; Lets hope for the best!  <strong>JEFF SWANEY FREE CONSULTATION 314-481-7778</strong></div>
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