Unconscionable Cuts to SS

CALL YOUR CONGRESS REPS AND SENATORS! Making cuts to an agency which is already understaffed and underbudgeted is unconscionable. These cuts are going to cause the experienced employees to retire or resign, leaving us with a lot of employees that haven't been properly trained, and don't know or care, what they are doing. This is going to affect anyone that receives Social Security Disability ("SSD") benefits, Supplemental Income ("SSI") or retirement benefits, and anyone planning on applying for them. It affects people of all ages, races and gender. If you don't have a Social Security Number, you cannot get benefits. If you do have one, you still have to meet rigid criteria to get any kind of benefits.

If DOGE wanted to save money at the SSA, then it should consider trying to reduce waste and fraud rather than firing employees.  DOGE could require eliminating Reconsideration in SSD and SSI cases.  DOGE could reduce the excessive amount of paper that is wasted by SSA constantly mailing duplicate letters and forms.  DOGE could insist on sufficient training for SSA employees to ensure they all know how to do their jobs correctly.  What agency is trying to fix the delays that  plague the SSA due to lack of staff and funds?  What agency is trying to avoid having claimants with no income, who are unable to work at a fulltime job, to lose their homes, or to die before a decision is made? DOGE is obviously making everything worse at the SSA.  What agency is trying to improve anything at the SSA?

SS Comm'r Resigns

Elon Musk's DOGE has turned its sights onto the Social Security Administration ("SSA"), prompting Michelle King, the Commission of Social Security to resign.  So many people depend on their Social Security benefits. The SSA is already understaffed and underfunded. Who wants Elon Musk to have access to their SSN's, earnings, bank account information, medical records and other sensitive information? If you are on disability, you should be extremely concerned. This is no joke.

SSD Even If Able To Work

In some circumstances you can get Social Security Disability (“SSD”) benefits even if you have the physical ability to work on a full time basis.  We received an approval today that illustrates this point.

We represent a 53 year old from Brooklyn with sleep apnea, who had made his living as a police detective, and had suffered a brain aneurysm.  The claimant’s pulmonologist provided reports with severe functional restrictions.  While the Administrative Law Judge (“ALJ”) believed the pulmonologist’s restrictions were excessive, the ALJ still determined that the claimant had the ability to perform sedentary work.

A vocational expert testified that the claimant had no transferable skills from his past work as a detective, which was classified as a light occupation.  Since the claimant had no recent education, the ALJ applied the medical vocational or “Grid” rules  to conclude the claimant was disabled, even if he were capable of performing the full range of sedentary work.

If you are thinking about applying for disability you should consider retaining an experienced disability attorney.   Our office is conveniently located on the Nassau/Suffolk county border in Melville.  Please call our office for a free phone consultation.

 

DDS v. ALJ

When an initial application is filed for Social Security Disability ("SSD") benefits, the first step is for the claim to be processed in the local office.  The claim then gets transferred to the State Agency, better known as DDS, to review and decide the initial claim.  If DDS denies the initial claim, then we appeal for reconsideration of the claim.  If DDS denies the claim again, then it goes to the hearing office to await the scheduling of a hearing.

I represent a 57 year old retired police detective, who spent a good deal of time at Ground Zero.  He suffers from pulmonary problems including sleep apnea, hypertension, severe back and shoulder problems, and had a cerebral aneurysm which affected his ability to do simple daily tasks.

We submitted a multitude of records from his treating doctors, including objective test results such as MRI's, and x-rays, to DDS at the initial application.  Today, his claim was approved by an administrative law judge ("ALJ") based on the same objective findings that DDS twice denied.  We provided the ALJ with additional information, including letters of support from friends and family, which helped obtain a Fully Favorable Decision.

It's important to know what information is needed to achieve a favorable outcome.  Not all medical records are supportive.  An experienced disability attorney can determine what evidence is supportive and should be submitted.  My office located in Melville, NY, offers a free phone consultation.  Please feel free to reach out if you are applying for SSD benefits.

 

SS Delays

It seems that every day we are reminded that the local Social Security offices and the State agencies are experiencing delays due to "backlogs."

We represent a 62 year old Ultrasound Technician from Longwood, Florida.  We filed her application for Social Security Disability ("SSD") benefits on January 8, 2024.  We contacted her local office in Florida repeatedly to discover why her case had not been transferred to the State agency.  We finally had to ask Public Affairs to get involved.

Ms. Love, from Public Affairs, told us that the average wait time in Florida for a claim to get assigned to an analyst at the State agency was 230 days.  With Ms. Love's diligence and help, she was able to get our client's case transferred to an analyst in October.  We submitted all of the supporting medical evidence we had been collecting, and the claimant was approved 2 months later.

It is a long and arduous process to apply for SSD benefits.  We are here to help.  Our office, located in Melville, Long Island, offers free phone consultations.  Please feel free to reach out if you are planning on applying for SSD benefits.

OTRs

Most times, a request for an on-the-record (“OTR”) decision is not considered until a couple of days before a hearing is scheduled to take place. Nonetheless, an OTR should still be pursued because it avoids the stress a claimant experiences when having to attend the hearing with an ALJ. Also, ALJs appreciate OTRs because they allow ALJs to devote more time to more complicated claims.

We represent a 57 year old security guard from Jamaica, who stopped working due to pain from various musculoskeletal impairments. The State agency medical consultants found the severity of the claimant’s pain to be credible. However, those consultants denied Social Security Disability (“SSD”) benefits twice because the claimant had no doctor providing functional limitations.

Since the claimant had to stop working because of pain, we referred the claimant to a pain management specialist, who supplied the requisite opinion. Based on that opinion, we submitted a brief explaining why the medical and vocational evidence in the file supported finding the claimant disabled under the Social Security rules and regulations. The ALJ agreed.

Retaining a disability attorney who has years of experience handling SSD claims is in your best interest. We have an encyclopedic of knowledge of the ins and outs of the SSA, from the initial application with the local office, to working with the State agency, the ALJ’s, and if necessary, the Appeals Council and Federal Court. If you want to greatly increase your chances of receiving a favorable outcome to your SSD claim, please contact our Melville, Long Island office for a free phone consultation.

 

 

 

 

LTD Surveillance

We represent claimants who are applying for Long Term Disability benefits.  We work with many different insurance companies, none of whom have your best interests at heart, even though they act like they are your best friend.

We always warn our clients to be aware of their surroundings because the insurance companies will most likely hire a surveillance company to spy on them, usually for three days in a row.  For example, if you see a strange vehicle on your block that stays in place for an extended period of time, then call the police.  If you notice a car following you, call the police.  If someone comes to your door when you are not expecting anyone, do not answer the door yourself.  The surveillance companies have many tricks to try and catch you doing something that they can manipulate into looking like you were doing something that proves you can work.  This is just a friendly reminder to be careful.