New York Social Security Disability Lawyer Blog

Over the weekend, I had the privilege of addressing approximately 30 members of key staff and parents of members of the POINT (Pursuing Our INdependence Together) program in White Plains. The parents in the group have disability-entitled children who live independently with some support from WJCS (Westchester Jewish Community Services) and JCCA (Jewish Child Care Association). The groups are non-sectarian despite the names of the organizations.

As many of the program participants receive SSI or Social Security Disability, many of the parents have expressed concern over how their pending retirement could potentially affect their child's continued eligibility for both SSI and SSD benefits. In addition, these parents were curious as to how familial financial support might affect the children's continued receipt of SSI benefits which limit certain financial contributions from third parties.

What commenced was a lively discussion of Disabled Adult Child benefits, special needs trusts, trial work, and SSD eligibility for children who formerly were eligible only for SSI benefits. The participants were clearly educated in some aspects of the law and it was my pleasure to engage in this level of discussion with parents who clearly are looking to better the lives of their children within the confines of the rules and regulations of the Social Security Administration.

Marion Morgenthal, Founding Chair of the POINT program, wrote me a kind note the following day:
Thanks so much for coming and spending time with our families this morning. As was obvious from the spirited discussion, and the large number of questions, this is a topic that resonates with our folks, and about which there is much confusion. The information you shared was tremendously helpful, and the feedback I got from the attendees after the meeting was unfailingly positive.

So, thanks again for sharing part of your Sunday and much of your expertise with us!

My special thanks to Ms. Morgenthal for giving me this opportunity to share ideas with her program.

Brian Anson

This Sunday, October 24, attorney Brian Anson will be the featured speaker at a meeting of POINT (Pursuing Our INdependence Together), a program run by the WJCS (Westchester Jewish Community Services). POINT is a non-sectarian program designed to provide assistance so that developmentally disabled and learning disabled individuals can live independently.

Mr. Anson will be discussing the impact of parent retirement on disabled offspring Social Security Disability and SSI benefits, and how any financial parental support of the disabled individual might affect SSI and food stamps, both eligibility and the amount of benefit received.

For more information, please contact our office or visit WJCS online at http://www.wjcs.com/index.php?src=gendocs&ref=POINTProgram&category=Special%20Needs.

Last month, Social Security Disability claimants' advocates from around the country gathered for their fall conference hosted by the National Organization of Social Security Claimants Representatives (NOSSCR) in Chicago, Illinois. Insler & Hermann was represented by senior partner Lew Insler and myself. Approximately 1200 members attended the three-day conference to learn the latest developments in the practice area and to exchange information. In attendance were not only claimants' representatives, but federal judges, vocational experts, physicians, and employees of the Social Security Administration.

Workshops covered a wide variety of topics, including the Social Security Administration's increasing use of the internet for transactions and file review. With the recent passage of healthcare reform, there will be new issues to be considered by practitioners when filing disability claims. Ethical considerations are emphasized as they should be. Some workshops were focused more on specific medical conditions such as multiple sclerosis, cancer, visual disabilities, and even spinal disorders, where attendees got a first-hand look at the anatomy of the spine. These conferences allow advocates to learn from our peers and better serve our clients.

Just a reminder, our office is now on twitter, and I'd encourage you to follow us @InslerHermann where we'll be posting recent legal developments, firm announcements, and news about our involvement in the community.

Brian Anson

As an advocate for the disabled, I frequently see firsthand how disability and the corresponding inability to earn the income necessary to pay bills---most significantly rent or mortgage---has forced my clients out of their homes while they wait for their Disability claims to be approved.

While the latest news from the banking industry that many of the largest national banks are suspending foreclosure proceedings while they investigate fraud in the mortgage granting process (see: NYT 10/8/10: Largest U.S. Bank Halts Foreclosures in All States) offers a reprieve for those of my clients who own their homes but are far behind on their mortgage payments, there is also good news now for those of my clients who need access to affordable housing in a community that adequately meets their needs.

The Department of Housing and Urban Development (HUD) announced last week that they will be issuing approximately 4300 housing assistance vouchers totaling nearly $33 million to thousands of non-elderly Americans with Disabilities to assist them with their housing needs. To read more, visit http://portal.hud.gov/portal/page/portal/HUD/press/press_releases_media_advisories/2010/HUDNo.10-214.

Gabe Hermann

I am excited to announce that I will be making a joint presentation with Dr. Rochelle Mozlin, an optometrist, at the annual conference of the College of Optometrists in Vision Development (COVD) on Wednesday, October 13.

Dr. Mozlin and I are presenting a joint poster entitled "Social Security Disability: Understanding and Navigating this Medical-Legal Quagmire." The poster outlines the medical requirements for a legal finding of disability for claimants with visual impairments, and advises optometrists as to what information should be in reports and evaluations in order to best support their patient's claim and enable the adjudicators to make a favorable determination of disability.

COVD is a non-profit, international membership association of eye care professionals that provides board certification for eye doctors and vision therapists who are prepared to offer state-of-the-art services in Behavioral and developmental vision care, Vision therapy and Visual rehabilitation. These specialized vision care services develop and enhance visual abilities and correct many vision problems in infants, children, and adults. A poster session is typical at academic conferences, and will contain the research and efforts of dozens of presenters. Dr. Mozlin and I will be available to answer questions regarding the poster and the entire topic as the doctors pass through the room in which all the posters are displayed and their presenters await.

The lawyers at Insler & Hermann frequently make presentations to lay and professional groups, but we have never had the opportunity before to explain to such a large group of medical providers what should or should not be in their reports to best help their disabled patients. We have found that most medical professionals DO care about their patients' disability claims, but are often unaware of what would be the best way to assist them. Simply stating "my patient is disabled and cannot work" is not going to help a determination of legal disability. The field of vision loss is especially complicated, and the poster we are presenting will point out the best practices proving disability based on visual impairments.

Lew Insler