RIO RANCHO, N.M., May. 14, 2009
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Below is a recent article regarding the possibility that disability benifits may soon increase.

(AP) President Barack Obama says he likes the idea of increasing income limits for those receiving Social Security disability payments, but also says it costs money.

Obama on Thursday told a town hall-style meeting in New Mexico that he is open to giving federal disability payments to more people. But he said it has to be part of a broader review of government entitlements, such as Medicare and Medicaid.

He says changing entitlement programs is a major piece in his plan to rein in federal spending. He says his team is going through the budget line by line to eliminate waste.

Obama says that disability claims have gone up during the economic downturn.
submitted by Jeff Swaney FREE CONSULTATION 314-481-7778

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Below is an article from CBS News investigating the Social Security System. St. Louis Lawyers and their clients know the problems all to well.I hope you find the following to be informative.
Each year, millions of people who are disabled from an accident or disease turn to the federal government for Social Security disability payments – a benefit that every worker who is declared disabled is eligible to receive. It’s a 51-year-old government insurance program – a lifeline of sorts – that every worker pays for through that line-item on their pay stub, known as FICA.

But a two-month CBS News investigation reveals that safety net may not be there when you need it most.

“I always figured that I’d die in a fiery car wreck or something, never that I’d be disabled,” 33-year-old Scott Watson told CBS News chief investigative correspondent Armen Keteyian.

Two years ago, a failed surgery left Watson with a fracture in his spinal cord. It turned his life upside down, leaving him unable to work in his job as a broadcast engineer.

“Everybody says, ‘You gotta have a positive attitude,’” Watson said. “You know, and I say, ‘Well, I am positive. I’m positive this is the end,’ you know. I mean it’s not going to get better.”

Declared disabled by the state of Maryland, Watson was told he was “shoo-in” when he applied for federal disability last year, only to be turned down three months later on the grounds, according to federal guidelines, he wasn’t disabled enough. Watson appealed, and was denied again.

He’s one of 27,000 Maryland residents – 68 percent of all those who applied – to suffer such a fate.

Overall, two out of every three people who apply for federal disability benefits are rejected by a government agency that critics say is out of date, underfunded, and incapable of serving the exploding number of disabled Americans. Waiting times for a hearing in some cities are more than three years.

Linda Fullerton, an advocate for the disabled, told Keteyian: “I have people all the time writing to me, saying they are suicidal.”

Fullerton’s online support site is home to one horror story after another.

Reading from emails, she said: “Had to file bankruptcy to keep home. Losing home with four children.”

A two-month CBS News investigation has found that over the last two years, at least 16,000 people fighting for disability benefits died while awaiting a decision.

Overall, the backlog of cases now stands at 750,000 – up 150 percent since 2000.

People wait an average of 520 days for a hearing on their claims.

People like Jerry Rice, who calls an abandoned tool shed home. When we found Rice, who suffers from mental illness, he’d been waiting for three years for his day in court.

“So. Jerry, this is how it ends up for you?” Keteyian asked.

“This is how it is,” Rice replied. “I hope it’s not how it ends up.”

But he believes he deserves the disability?

“I’m not asking them to give me welfare,” Rice said. “I’m just asking them to give me what they promised. Yeah, I deserve it.”

“It’s a mess from the time you apply – till the time you get a hearing,” said attorney John Hogan, who has represented thousands of folks in Atlanta, the backlog capital of the nation.

“We’re the furthest behind of any area of the country, it could take 2.5 years to get your hearing,” Hogan said.

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On the other hand, you may decide that you would prefer to go to the local Social Security office and have someone assist you with your application.  This may result in some inconvenience and you may end up waiting for quite some time before you are helped.  You may also feel rushed, but if you have a good assistant working with you, then you may ultimately be glad that you took the extra time.  At some offices, you can call ahead in order to schedule an appointment.  This may be preferable to just walking in and catching an assistant who isn’t having a good day. 

Once you have filed the application, one of the problems is that no one seems to be directly responsible for your claim.  You can contact the Social Security Administration and you will likely talk to a number of different people.  While many of these individuals will do the best that they can in order to be helpful, they are basically looking up information on a computer and they are usually not personally familiar with your case.  One thing to keep in mind, the individuals who are helping in the application process are not the decision-makers when it comes to your case.  Frustrated individuals often want to blame the assistant who is helping them .  The decision-makers at the initial stage of review are insulated from contact and the people who are on the front lines are simply trying to give you status information which they may be finding on their computer. 

If your case is denied initially, it is important that you understand that you have 60 days in order to file an appeal.  At this stage, you can obtain a face-to-face hearing with an Administrative Law Judge who will give your case a fresh look.  You may decide to go it alone, or you can obtain the services of an experienced attorney.  If you win, you may be drawing disability benefits for the rest of your life.  It seems that going it alone perhaps means that you can save yourself a little money if you are successful, but if you lose, you may be forfeiting years of benefits which you would have obtained if you had a better understanding as to how to present your case.

When you enter the Social Security office, you should be prepared to provide them with a list of all of your doctors and hospitals, including their addresses and the reason that they are treating you.  The disability examiner will ultimately want to request all of these records.  If you have a good relationship with your treating doctors, you should tell them to expect requests for information and perhaps a disability questionnaire from the Social Security Administration.  Your doctor should understand that the Social Security Administration will be interested in the work restrictions which he provides.  You can also offer lay evidence which might consist of letters from friends, or a letter from your former employer. 

I know that the intitial paperwork can be overwhelming, but do not put off filing your claim because you may have to wait a considerable amount of time before a decision is made.

Submitted by:     Jeff Swaney

Free Consultation:  (314) 481-7778