Help, the government is taking my disability check away!
Three issues are on my mind today.
The first: About 57 million
or 1 in 5 Americans live with disabilities, and about 38 million or 1 in 10 have
a severe disability. The Social Security disability programs provide vital
support to only those with the most significant disabilities—about 14 million
children and working-age adults. Most people who apply
for benefits are denied, and only about 40 percent of applicants are awarded
benefits under the
strict Social Security definition of disability—even after all stages of
appeal. https://oversight.house.gov/wp-content/uploads/2013/06/Sutton_Statement_2013_06_27.pdf
If you’re part of the 40 %’ers under the age of 50 and receiving disability
benefits get ready for a review every three years or so. The procedure of
taking away your livelihood is called cessation of benefits.
Cessation of benefits cases usual start with a review of your medical
records. I always tell my clients to make sure they get medical treatment. I
feel that when SSA pulls your medical records and they don‘t find regular
medical treatment, then, a cessation of benefits review begins shortly
thereafter. When that happens, make sure you read the fine print. You only have
10 days to appeal the cessation of benefits to keep your check coming in. If
you don’t, then well, the check ain’t in the mail.
Next you’ll have a hearing at your local SSA office with a senior staff
worker. You can expect to get another cessation of benefits letter after that
and you’ll need to appeal that decision to an Administrative Law judge.
I recommend getting a lawyer early
on. You’re in a fight with the government just like you did when you were first
approved, way back when.
The 2nd, Folks under the age
of 50 are considered younger individuals. The rules for receiving disability
change at 50, and 55 plus. I know you might not feel young at 48, but to the government
you are. I recommend going to your local
state Rehab office to see if vocational retraining is available within your
medical profile prior to filing for benefits. Judges are starting to ask my
clients under the age of 50 whether they went to the rehab office or not. I
think they’re looking to see if claimants are availing themselves of alternatives
to disability. The following are websites for state Rehab offices in areas I practice.
Finally, I’m seeing a lot of face book
ads that promote applying for disability without leaving the comfort of your
home. Wow! Yeeehawww! That sounds great, but hold on cowboy. Applying with a
national company and not meeting your lawyer at the start is like signing up
for the Alamo. It’s important to meet the person who’ll handle your case so an
effective strategy can be developed. If not, then you’ll be talking to a case
worker who’s never tried a case in their life and you probably won’t even get a
lawyer for your trial. Yep Hoss, non-attorney representatives are the norm for
national firms.
Knowledge is power and you have the right to meet with the person who’s
going to try your case right from the beginning. As John Wayne once said, “life’s
tough, it’s even tougher if you’re stupid.” Don’t be stupid. I’m riding into
the sunset now, until next time partner, Cliff
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