Christina Miller & Associates Disability Firm

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1.1 Million People Are Stuck!

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In my 15 years of practicing disability work, I have seen massive increases in wait times for Social Security disability related hearings.  This year, the average wait time for a hearing was 596 days.  The Social Security Administration predicts that the average will increase to an all-time high of 605 days by the end of the fiscal year.  What is the SSA doing about this problem, you ask?  Well, they have budgeted $90 million for additional staffing which should help, at least a little, but not for many years.  So, my philosophy is to expedite your appeals as much as possible and use any wait times to my advantage.

During these sometimes arduous wait times, I am diligently working to obtain and catalogue your medical records, develop the medical records in the areas they are lacking and present a winning case to Judge.  If you follow my lead, we will be organized, prepared and ready to present the best case possible at your hearing.

Unfortunately, it is not uncommon for me to receive a phone call from someone who represented himself/herself at a disability hearing.  These folks usually are calling with a similar story.  They were told that there are medical records out there that were not part of the hearing file and that an additional hearing or medical examination will be needed to further develop the record.  They are faced with delays upon delays because the file was not prepared properly the first time.  Do not let this be you!  Roughly 60-70% of initial applications are denied and 80% of appeals are denied.  That means that many folks will be off to a hearing in order for a determination to be made. Be prepared and know what is required to present your particular case.  If you need help, my advice is to seek it out long before your hearing.

Who In Their 30s and 40s Can Think About Retirement?

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I just love when the SSA issues press releases about preparing for retirement. I often share these updates with friends and young clients and get responses that involve emojis laughing hysterically. I get it. In our 20s, we are trying to finish school and get a good job. In our 30s, we are trying to start families, advance in our careers and purchase homes. In our 40s we are just trying to keep up with busy careers, mortgages, commitments, payments, etc. Once all of that seems under control, we worry about our children’s college tuition and our bucket lists! Romantic European vacation, anyone? We often put our long term future last on our list of financial worries. For many of us, it seems very far off.

So, I am proposing a challenge to those in their 30s and 40s! That challenge is simple. Do two small things to start thinking about your long term future. Ready for the list? It is easy, I promise.

1. Create an account via the Social Security website. Visit www.ssa.gov. Once there, select “my Social Security”. Setting up an account only takes a few minutes and gives you instant access to several important pieces of information. The SSA used to mail out statements concerning this information. Now, these statements are only mailed to those over the age of 60 who have not created an electronic account. Talk about a scary cut back. This change means that you are no longer reminded to review the information reported to the Federal Government concerning your earnings. It also means that you are not advised of your current benefit rates should you become disabled or reach retirement age. Create this account to ensure that your reported income for previous years is accurate and to establish a general awareness of what your benefit rates would be should you become disabled or reach retirement age. If you do find an error, you will need to contact your local SSA office and get it corrected. Trust me; it is a lot easier to correct an error the year it was reported than 20 years after it was made. If there are no errors, take a look at your benefit rates in connection with retirement ages. Think about that monthly income and whether or not you can consider early retirement, retirement at full retirement age (presently 67) or retirement at age 70. The system also provides data concerning survivor’s benefits and Medicare. Check it out, lots of good stuff to chew on.

2. This step involves just thinking and talking. That is it! On average, Social Security retirement benefits are only about 40% of a person’s pre-retirement earnings. Use this information to get the conversation started with your spouse. Are one or both of you paying into a retirement plan? Will one or both of you get a retirement through your place of employment? Very generally speaking, what do you think your monthly household income will need to be when you hit full retirement age? Will the mortgage be paid off? Will the kids be done with school? I want you to simply open up the discussion. You do not need to have all the answers today but starting a dialogue helps you get there. With that said, this discussion does not have to be one of stress and worry. Remember to discuss the fun things that you would like to do when you retire! Make sure your financial plan involves covering expenses associated with your dreams of post retirement travel, hobbies, etc.

With all of that said, if you are serious about getting things on track, contact a financial planner. They have the tools and resources to help you get prepared for your retirement. If you have questions about disability and retirement in relationship to one another, call me. I can ensure that your benefits from any and all sources of disability are well coordinated so that your long term future is secure.

Steps to Successfully Applying for Social Security Disability Benefits or Supplemental Security Income Benefits

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Steps to apply for Social Security Disability or Supplemental Security Income : Your journey to qualify for SSD or SSI benefits begins in the same fashion.  You need to file an application.  If you are applying for SSD, you can apply in person at your local SSA office, online via the SSA’s website or you can request that an application be mailed to you by contacting the SSA via telephone.  If you wish to apply online, here is the link to the site:

www.socialsecurity.gov/applyfordisability/adult.htm.  If you are applying for SSI, you cannot submit an application online.  This benefit application must be done in one of the other two ways listed above.  If you have questions concerning the requirements of each of these benefits, see my blog entitled, “What is the difference between SSD and SSI?”

Many lawyers/representatives require that you have an application submitted before they will meet with you and consider taking on your case.  The reason for this is a good one.  If you win at the initial application phase and you applied on your own, you do not owe a lawyer or representative a fee.  With that said, if you want or need help, our office is willing to help you with the entire application process, including submitting it to the SSA on your behalf and ensuring it is processed correctly.

With that said, your best chances for success involve preparation!  Before you submit your application, gather up as much medical evidence as you can concerning the nature of your disability/illness. Call your doctors’ offices and ask for a copy of your records, or at least the results of any serious diagnostic testing you have undergone.  The SSA representative who reviews your application will want to see some form of medical evidence.  The more you are able to get, the better.  You also want to make sure that you are not working or carrying out what the SSA calls “substantial gainful activity”.  If you are working up to your application date or after it, you will likely find that your claim is denied.  It’s nearly impossible to prove that a person is disabled and cannot work if they are working, right?

In addition, understand that you will be asked for a lot of information throughout the application.  Do not panic if you do not have all of these items, the SSA will contact you and obtain what they need after your application is submitted. Understand that the best way to avoid more delays than are required is to provide as much information as possible in your application.  Here is a list of things that you should try to collect ahead of time:

    1. Your Social Security card or number (and that of your spouse if you are married).
    2. Your birth certificate or another proof of your age.
    3. Proof of US citizenship or non-citizen status.
    4. A list of the names, telephone numbers and addresses of all of the doctors you are seeing or have seen for your disabilities/illnesses.  This list should include any hospitals you have been seen at and any medical facilities where you have had testing (MRIs, X-rays, biopsies, etc.) You will also need the approximate dates you have seen each doctor/been seen at each facility.
    5. A list of all medications that you are currently taking including the dosage information, what each medication is for, any side effects you experience from each of them and the name of the doctor prescribing each one.
    6. A list of your disabilities and a few notes concerning how they limit your ability to work.
    7. A list of your previous jobs and a rough timeline for when you worked each of those jobs.
    8. If your disability is at all related to a job related injury/injuries, you should bring information concerning the pertinent Worker’s Compensation insurance carriers and any and all claim numbers.
    9. Your military service history including the dates of service and information concerning any veteran’s benefits that you are receiving.

    If you are applying for Supplemental Security Income (SSI), you will also be required to demonstrate proof of limited income and assets.  This benefit is a need based benefit for those who have extremely limited savings, assets, resources, etc.  You will need to provide information concerning your bank account balances, assets in your name, your living situation, your spouses income and income received from any sources.  If the SSA determines that your income and assets are greater than the limits imposed, you cannot qualify for this benefit no matter how severe your disability or illness is.  If you have questions concerning the specifics regarding income and asset requirements, you can visit the SSA’s website at https://www.ssa.gov/ssi/text-resources-ussi.htm for a complete list.

    Now, I have a couple of pointers to share concerning your application.  Firstly, when describing your past work experiences, do not focus on your title or your responsibilities.  Proving to the SSA that you are marketable and were successful in your jobs is not the goal here.  Instead, when describing your past work, be sure to include the physical requirements of each of those jobs and how your current limitations preclude you from being able to carry out those duties as you once did.  Be sure to include points concerning how much your previous jobs required you to do things like walk, sit, stand, bend and lift.  Juxtapose those requirements against your current limitations in these areas.  This is very important.

    Also, if you have any physical or mental disabilities, limitations or problems involving any body parts or systems other than your specific disability, make sure to list all of these problems on your application.  It is important to make all of your limitations clear.

    Another important piece of advice I can share comes from years of seeing the same mistakes on hundreds of applications.  This advice is to be careful and thorough! Many people rush through, leave answers blank and assume the SSA will fill in the blanks for them.  This is not the case!  They will not take the time to do the work you should have done.  You place yourself at a huge disadvantage if you do not provide them the information they need to qualify you.  So, take the time to have all the information together that they are asking for.  Plug in each and every doctors name and all of their contact information.  Do not cut any corners or assume you will look “more disabled” by being unable to complete the required paperwork.  This is a serious process, and you need to be organized.  If your disability or illness precludes you from submitting your application, give us a call.  We will help you.

    Now comes my advice regarding your proof of submission.  The SSA loses things.  They also make mistakes.  So, whether you submit your application online or in person, get a printed confirmation at the end of the submission process.  If you are filing in person, ask the representative for his/her name and a copy of the confirmation that your application has been submitted.  This confirmation will be your proof that your application was submitted should it be lost.

     

     

Emotional and Financial Resources while waiting for Disability Benefits

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When people learn about the two or more year period of waiting from initial application for disability benefits until the hearing for a Judge, the question they always asks me is one of survival.  I often get a distressed look from people followed by a question that goes something like, “Two years?  What am I going to do?  How am I supposed to live?”  This question breaks my heart as it is not an easy one to answer.   However, there are resources available to disabled persons that can be quite helpful on several fronts.  Check out the “Resources” tab on our home page for a quick reference list of the some of the most important programs I will be covering in this blog.

In terms of emotional resources, many people are unaware that many counties provide free support groups.  There are also suicide hotlines and mental health facilities in most areas.  If you or a loved one reaches a point of desperation where emergency mental health is needed, do not hesitate to call 411 for your local suicide hotline in order to learn what resources are available.  Most counties also provide free Narcotics Anonymous Meetings and Alcoholics Anonymous meetings to anyone needing this type of help.

In terms of financial resources, you may have paid into benefits that you can tap into. The first of these is your state disability insurance (SDI) benefits. Most employers contribute a portion of your each of your paychecks to your SDI account.  Based on what you have paid in, you could have saved the maximum of 52 weeks of benefits in your account.  In order to apply for these benefits or to check the balance of your account, contact your local Employment Development Department.

If your disability was the result of a work related injury, you may consider filing a claim for Worker’s Compensation benefits.  Doing this more than a couple days after the fact carries many risks and burdens. If you are interested in doing this, I recommend you consult with an experienced Worker’s Compensation attorney.  In a best case scenario, a Worker’s Compensation case could provide up to two years of temporary disability benefits (at a rate of 2/3rds of your average weekly earnings, generally speaking), permanent disability benefits and medical care.

Some people forget about unemployment.  If you were let go from your previous job for any reason, you should consider filing for unemployment benefits.

I also advise my clients to negotiate their debts with creditors.  The last thing you want are unpaid credit card balances or medical bills going into collections and ruining your credit. This could lead to you being sued and losing vital assets like your home.  Some creditors offer programs for disabled persons that allow interest levels or minimum payments to be suspended for periods of time.  These are called forbearance programs.  Contact each of your creditors and ask if they offer any of these programs.

Although it’s not glamorous, there is always welfare and other general aid programs available to those who qualify.  If you have no income, contact your state’s welfare office and inquire about food stamps and general assistance options.

If you paid into any form of short term, long term or PERS disability programs, these are wonderful resources.  Check your policies!

Choosing Medicare Coverage

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You received the good news that you have qualified for Medicare (either by age or disability).  Once that relief sets in, you will likely begin considering what type of Medicare coverage is right for you and whether or not you need a supplement. You will find that there is a lot of information out there.  What follows is my attempt to simplify the process of understanding the coverage options while making sense of the basics of Part A, B, C and D.

Firstly, I should explain that there are two main types of Medicare coverage; Medicare (Part A and B), and Medicare Advantage Plans (Part C).  The following is a summary of the basics of each type of coverage:

“Traditional” Medicare – Part A and B

As stated above, traditional Medicare coverage involves two parts.  Part A is basically your hospital insurance and Part B is your medical insurance.  The coverage is through Medicare and you can be seen at any hospital, doctor’s office or medical facility that accepts Medicare. The cost for this coverage is broken down into two parts.  Most people do not pay a monthly premium for Part A.  However, you are responsible for hospital inpatient deductibles and coinsurance payments.  Concerning Part B, the monthly premium is around $134.00, depending upon your income.

Note: More information concerning the costs associated with this plan can be found on the Medicare website via this link: https://www.medicare.gov/your-medicare-costs/costs-at-a-glance/costs-at-glance.html

Medicare Advantage Plans – Part C

You can opt for a Medicare Advantage Plan (Part C) in place of traditional Medicare, if you choose.  This type of coverage encompasses both Part A and B and is provided by private insurance companies that have been approved by Medicare to offer this coverage.  Unlike with traditional Medicare, these plans usually restrict you to utilizing hospitals, doctors and other providers approved within the plan guidelines.  In some cases, you are allowed to see whomever you choose, however you face paying more or all of the costs involved. The cost for these plans differ based on the plan but often times involve a monthly premium, copays or coinsurance and sometimes restrictions on how often you can see a doctor or have a test.

Note:  If you are interested in running a cost analysis of several of these types of plans, visit the Medicare Plan Finder at https://www.medicare.gov/find-a-plan/questions/home.aspx.

Prescription Drug Coverage – Part D

If you choose the traditional Medicare coverage, you will need to decide if you wish to purchase a supplement to cover the costs of prescription drugs.  If so, you will need to find a plan through a private company that has been approved by Medicare to provide this coverage.  You will pay a monthly premium for the coverage, depending upon what plan you choose.  If you wish to compare plans, you can reference the link above for the Medicare Plan Finder.

If you are going the Medicare Advantage Plan route and prescription drug coverage is important to you, choose a plan that includes Part D coverage within the plan.  These plans that include Part A, B and D coverage are often called “MA-PD”s.

Note:  Remember that you cannot enroll in Medicare Prescription Part D coverage if you are already enrolled in a Medicare Advantage Plan.  Your Medicare Advantage Plan will terminate your coverage and you will be placed back on traditional Medicare.

There are also Medicare MSA plans, Medicare Cost Plans, PACE for the elderly and a boat load of other considerations.  This is all complicated and the internet is loaded with information. If you get lost, give me a call.  I would be happy to sit down with you and make sure you understand how all of this works.  Or, you can always call Medicare and ask questions at 1-800-MEDICARE.  May you find the plan that works best for you!