In my 11 years of representing clients, I have worked with a lot of claimants who have applied for disability based on injuries or illness relating to various parts of their bodies.  Usually, one of the biggest problems they have is with ‘pain’.  We all know ‘pain’ can have a significant impact on our ability to do things.  However, pain is truly a subjective indicator.  In other words, only you can tell someone how bad your pain really is.

For the Social Security Administration, determining the severity of your pain can be difficult.  Why?  SSA has to take what you say about your pain and compare it to your medical records and activities and determine how bad your pain is.   In some situations, your records may actually not support what you say.

So for those of you who want to know how SSA evaluates your pain, here’s some things you should consider:

1) What doctors have treatment you?
Most people are limited to going to a family doctor or general practitioner.  However, if you’re going to a specialist like a neurologist, orthopedist, rheumatologist, or pain management doctor, these doctors typically will treat someone for more severe pain.

2) What testing have been done?
Merely going to your doctor and complaining about your pain is not enough.  Your file should have evidence of attempts to identify the pain such as  MRIs, EEGs, and X-Rays.  These studies can inform SSA specifically of what is causing you pain.

3) What medications you have received?
Medications are extremely important.  The type of medications prescribed to you typically gives an indication of the severity of pain (Make sure the medications you SSA are medications you are prescribed by a doctor).

4) What treatment have you received?
The treatment you received is, also, a good indicator of the severity of the pain you experience.   Treatment such as epidural shots, surgery, and physical therapy is an indicator of an attempt to relieve pain.  Also, a prescribed cane or walker may be a good indicator as well.

5) What are your limitations?
Limitations relating to your ability to do daily activities may be a good indicator of your pain.

All of the things listed above can collectively give SSA a better picture about the severity of your pain.  Sometimes, it is tough to determine the severity of your pain. However, the more information you are able to provide, the easier it will be for SSA to evaluate your pain.

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Clark v. Astrue update

On February 25, 2013, many of you may have received a letter from the Social Security Administration informing you that you may be a potential member of the “Clark vs. Astrue” Class Action lawsuit.

If you visit the Social Security Administration  website, you would have read this statement:

“Notice Of Final Relief Order In Clark Court Case

A Federal District Court has ordered relief to resolve the nationwide class action of Clark vs. Astrue. Most class members received an initial agency determination on or after October 24, 2006 either 1) not to pay OASDI or SSI benefits or 2) assessing an overpayment. All the determinations were based on a reportedly outstanding parole or probation violation warrant. In addition, individuals with pending appeals of such determinations on October 24, 2006, are class members. To end the lawsuit, the court ordered SSA not to use the nonpayment practice again. It also ordered SSA to reinstate unpaid benefits to class members. Further, it ordered SSA to repay any such benefits that had been recovered as overpayments. More details are at the links below.”

As a result of this class action, many of you have asked the all, important question:  ”When am I going to get my money?”

It is important to understand the decision of Clark v. Astrue may affect over 140,000 class members.  As such, Social Security Administration must take every effort to ensure the processing of this situation is done in an effective and efficient manner.  With that in mind, here are a few points you need to know:

1) Only the SOCIAL SECURITY ADMINISTRATION can tell you how long it’s going to be!
Unfortunately, no attorney or representative can tell you precisely how long it’s going to be.  The Social Security Administration is the best and ONLY source of reliable of information to get your questions answered.

2) The Social Security Administration has to determine who is eligible to receive any monies.
Just because you received a letter saying you ‘may’ be a member of the class, doesn’t mean you are a member of the class.  SSA has to make that determination in order to ensure they are calculating the benefits properly.

3) The Social Security Administration will tell you what you need to know IN WRITING!
The Social Security Administration is very efficient about providing written documentation regarding any entitlements or changes in your benefits.   Whatever happens, you will receive a copy in writing.

Your best resource to get all of your answers is the Social Security Administration.  If you contact your local office, ask to speak with a supervisor and take a copy of your letter.  The government is not trying to hide information from you.  SSA just needs to time to correct the situation accordingly.

The post Waiting to Exhale: “When will I get my money from the Clark vs. Astrue settlement?” update appeared first on Reeves Law Firm | Social Security & Disability Law Firm In Kissimmee, Tampa FL.

When you’re prescribed medication, your doctor or the pharmacist will tell you about the possible side effects you could experience.  It doesn’t mean you actually will experience those side effects, but, doctors are required to let you know if any medication can adversely affect you.

Still, the doctor can’t know if you are experiencing side effects from medication if you don’t tell him/her.  It is important for you to let your doctor know that you are experiencing side effects for two reasons:

1)      If the medications are causing you a problem, the doctor will be able to adjust or change your medication in order to reduce the effects.

2)      The doctor will document your complaints and note changes to your medications.

Both of these reasons are extremely important if you are applying for Social Security Disability benefits.

First, if you have never complained about your side effects to your doctor, your file won’t have any documentation of your problems.  Remember, Social Security Administration relies heavily on your medical evidence.

Second, if the medication is causing problems, the actions by the doctor will become very important.   If you have ongoing problems with the medication, efforts by the doctor will support that those problems are being addressed.  More importantly, if the doctor can’t do anything, you will have documentation to support your ongoing problems.

Finally, the Social Security Administration will need more than your word to confirm that you are having problems.  The  SSA needs documents to support your case, andmay have a hard time understanding why you are having all of these problems with the medications yet you never told your doctor.

Under the law, you have the responsibility of proving you are disabled.  Little things like telling your doctors about your medication side effects will go a long way to providing a big impact on your Social Security Disability case.

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For those of you who are curious about growing numbers and beneficiaries that are receiving disability benefits, this article may be particularly useful for you.

The Congressional Budget Office testified on the Social Security Disability Insurance (DI) Program before the Subcommittee on Social Security of the House Committee on Ways and Means. My testimony–which updates a CBO report from 2012 on the same topic–examines the reasons that the DI program has experienced rapid growth in its costs and number of beneficiaries and presents a variety of options for changing the program

http://www.cbo.gov/publication/43996

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Millions of people are constantly searching for employment.  However, if you’re one of the countless people with a disability, entering or re-entering into the workforce can be especially challenging.

There are some friendly tips that may make applying a little easier.  Please check out this article about tips to prepare you for getting back into the work force.

http://money.usnews.com/money/careers/articles/2013/02/28/a-how-to-guide-on-job-searching-with-a-disability

However, if you’re receiving Social Security Disability benefits, you may be concerned about how  applying for jobs may affect your disability benefits.  Fortunately, the Social Security Administration has a great program called, Ticket To work.

Social Security’s Ticket to Work Program is a free and voluntary program available to people ages 18 through 64 who are blind or have a disability and who receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.

While participating in the Ticket to Work Program, beneficiaries can get the help they need to safely explore their work options without immediately losing their benefits and find the job that is right for them. Beneficiaries also can use a combination of work incentives to maximize their income until they begin to learn enough to support themselves.

For more information on the program, visit this link:

http://www.ssa.gov/work/overview.html#a0=0

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Clark v. Astrue update

Over the last couple of weeks, I have been getting alot of calls regarding letters people have received from SSA regarding the “Clark v. Astrue” Settlement.

For those of you potentially affected by the “Clark v. Astrue” settlement, please understand a few things:

1. SSA has to make sure you are actually a part of the class.
If you received a letter letting you that you ‘may’ be a part of the class, you still need to give SSA time to make an actual determination that you are one of the affected members of the Class.

2. if they determine if you are affected, SSA has to decide if you are entitled to any money.
It’s important for SSA to make the determination that you are entitled to any money as a result of being a class member.

3. SSA has to determine how much money you are entitled.
This part is probably the trickiest.  SSA has to actually go back and calculate the money you may be owed.

4. SSA has to determine if they have to reimburse you any overpayments.  
If SSA determined you were overpaid, they will probably have to go and determine if they erroneously took money from you.

I know that a lot of you are anxious but this process is not designed to keep you down or keep you from receiving what you are entitled to receive.  However, this process takes time.  Keep in mind, the class is approximately 140,000 so SSA is going to everything to make sure they are processing this correctly.  I know the wait is frustrating but be patient.

The one thing I have consistently told everyone is one simple phrase:
“You WANT the government to get this right!”

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These tips are for those clients who receive Social Security benefits.

Make sure all dependents listed on a taxpayer’s annual tax forms have Social Security numbers. Check the names and numbers to make sure they match up. The Internal Revenue Service (IRS) checks all the names and Social Security numbers on tax returns against Social Security’s records. If the names and numbers do not match Social Security’s records, it could mean a delay in receiving any tax refund due.

If you need to pay taxes on benefits, you will need a Form SSA-1099 for tax year 2012. The 1099 shows the total amount of benefits received in the previous year. Social Security mails the forms to all beneficiaries by January 31. Anyone who has not yet received a 1099 for 2012 can request a replacement on or after February 1 at www.socialsecurity.gov/1099.

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Michael J. Astrue, Commissioner of Social Security, announced the agency is expanding the services available with a my Social Security account, a personalized online account that people can use beginning in their working years and continuing throughout the time they receive Social Security benefits.  More than 60 million Social Security beneficiaries and Supplemental Security Income (SSI) recipients can now access their benefit verification letter, payment history, and earnings record instantly using their online account.  Social Security beneficiaries also can change their address and start or change direct deposit information online.

“We are making it even easier for people to do their business with us from the comfort of their home, office, or library,” Commissioner Astrue said.  “I encourage people of all ages to take advantage of our award-winning online services and check out the new features available through an online my Social Security account.”

Social Security beneficiaries and SSI recipients with a my Social Security account can go online and get an official benefit verification letter instantly.  The benefit verification letter serves as proof of income to secure loans, mortgages and other housing, and state or local benefits.  Additionally, people use the letter to prove current Medicare health insurance coverage, retirement or disability status, and age.  People can print or save a customized letter.

Social Security processed nearly nine million requests for benefit verification letters in the past year.  This new online service allows people to conduct business with Social Security without having to visit an office or make a phone call, and very often wait for a letter to arrive in the mail.  It also will reduce the time spent by employees completing these requests and free them to focus on other workloads.

People age 18 and older can sign up for an account at www.socialsecurity.gov/myaccount. Once there, they must be able to provide information about themselves and answers to questions that only they are likely to know.  After completing the secure verification process, people can create a my Social Securityaccount with a unique user name and password to access their information.

People age 18 and older who are not receiving benefits can sign up for a my Social Security account to get a personalized online Social Security Statement.  The online Statement provides eligible workers with secure and convenient access to their Social Security earnings and benefit information, and estimates of future benefits they can use to plan for their retirement.  In addition, the portal also includes links to information about other online services, such as applications for retirement, disability and Medicare.

“Given our significantly reduced funding, we have to find innovative ways to continue to meet the needs of the American people without compromising service,” said Commissioner Astrue. “These new enhancements will allow us to provide faster service to more people in more places.”

For more information, please go to www.socialsecurity.gov/myaccount.

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For those who are interested in the changes affecting the Social Security, this information will be very important to you.  Take the time to review the information.  It will be very beneficial.

http://www.ssa.gov/pressoffice/factsheets/colafacts2013.htm

If anything is confusing, don’t hesitate to ask a question.

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A Federal District Court has ordered relief to resolve the nationwide class action of Clark v. Astrue. Most class members received an initial agency determination on or after October 24, 2006 either 1) not to pay OASDI or SSI benefits or 2) assessing an overpayment. All the determinations were based on a reportedly outstanding parole or probation violation warrant. In addition, individuals with pending appeals of such determinations on October 24, 2006, are class members. To end the lawsuit, the court ordered SSA not to use the nonpayment practice again. It also ordered SSA to reinstate unpaid benefits to class members. Further, it ordered SSA to repay any such benefits that had been recovered as overpayments. More details are at the links below.

http://www.ssa.gov/clark_relief_order/

If you fall into the class, you may want to visit this website.  The link has a link to the relief order and order entry.

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