New York Social Security Disability Lawyer Blog

After a one year cost savings experiment during which the Social Security Administration did not send out Statements of Estimated Benefits to all wage-earners, the Administration has rolled out a terrific new on-line tool that can be used to access your benefits statement. Just go to SSA.gov and, along the left side of the website, you will see a link to "Get your Social Security Statement online". After providing necessary personal information, you will be asked several challenge questions that only you should know. You will then be invited to set up a user name, password and recovery questions. After that point, you will be able to access your earnings record and benefits estimate.

Please note that while anyone can set up an account, not everyone will be able to access the familiar earnings statement form, which is only available to people who have not initiated claims for benefits from the Social Security Administration (including Disability and Retirement claims).

It is my understanding that SSA has also started sending benefits estimates to wage-earners by mail (though that usually comes a few months before every birthday, so it's great to have the online option available for most of the year).

Gabriel Hermann, Esq.

In the most recent newsletter, Lew Insler discusses the negative ramifications of a recent Social Security ruling. To visit our newsletter online, click here.

An article about Social Security disability appeared a few days ago in the Wall Street Journal, focusing on Senatorial calls for review of Binder & Binder cases. (A second article on the topic ran today; if you can't access the WSJ online, you can read the first article here.)

While some of the practices reported as being done by that company, if true, are disturbing and warrant review, what was more striking to me in reading the article and online comments by readers was the rampant ignorance of the system revealed by those posters in their comments.

Despite the fact that the Journal article gave a brief synopsis of the Social Security Disability process and the fact that Disability can be due to physical or mental problems, a surprising number of posts blamed the disabled for their conditions. There were too many references to how being obese is the fault of the person, and questioning how people can be disabled when work-place safety is at an all time high. Of course, there were the typical offensive rants about how everyone in the inner cities have learned to play the system and it is for that reason that the Government is bankrupt.

Seriously, all that those posts reveal is a disturbing ignorance about the Social Security Disability process.

The people who call for abolishing Social Security and returning old-age financial planning to the citizens fails to consider that not everyone is as financially set as they themselves might be. Those who blame the victims and reference job safety as a reason to abolish the system similarly just don't understand. Those who lump together all minorities and residents of the inner cities clearly have issues that do not warrant further comment in this venue.

While it is true that there are abuses in the system, in my experience, the majority of people who come to us for help do so because they have run out of choices. More often than not, they have run through their savings, been forced to stop working despite decades of steady work, or come to us after multiple hospitalizations and extensive failed medical treatments.

Most people who become disabled, whether due to a car accident, assault, cancer or a mental disorder have no control over what happened to them. The vast majority of my clients would much prefer to be working instead of collecting the $900 national average monthly benefits that are sent by SSA; they just can't.

It is my hope that the Senators and Representatives who will now focus greater scrutiny on the Social Security Disability system will remember that most of the beneficiaries of the program are legitimately disabled and only looking for the benefits that they earned after many years of paying into the Social Security system. They should also remember that most Disability beneficiaries vote.

Gabe Hermann

Starting August 15, 2011 all local Social Security field offices throughout the country are on tap to reduce the time they are open to the public by 30 minutes.

"While agency employees will continue to work their regular hours, this shorter public window will allow us to complete face-to-face service with the visiting public without incurring the cost of overtime for our employees," said Michael J. Astrue, Commissioner of Social Security. "Congress provided our agency with nearly $1 billion less than the President requested for our budget this fiscal year, which makes it impossible for us to provide the amount of overtime needed to handle service to the public as we have in the past."

While the essence of these budget debates are much more complex than simple overtime hours, the real issues facing the disabled/retired community are how will these cuts affect service and, for that matter, will it move the needle enough to reduce costs to protect benefits?

Because some tasks can be done online (but not SSI applications) this may not be as bad as it seems. But---and it's a big but---in these uncertain times, can you afford to not do your research before you file your initial claim?

A call to Insler & Hermann, LLP can save you time and effort. Get the facts; call for a free screening to see if you could benefit from an in-person consultation with an attorney. (Offices in Westchester and Dutchess counties in New York, Bergen County NJ and Fairfield County, CT.)

Gabriel J. Hermann, Esq.

Social Security, Budget Debate, budget cuts, disability, Social Security disability, SSI, SSD

Good news for the disabled in 23 states and the District of Columbia, including residents of New York, New Jersey and Connecticut.

On May 31, 2011 the US Department of Health and Human Services announced new steps to make it easier for Americans to enroll in state Pre-Existing Condition Insurance Plans ("PCIP").

As I have mentioned in previous posts, one of the benefits of the Obama Health Plan is the availability of health plans for people who have been uninsured (or uninsurable) for longer than 6 months and have a preexisting condition.

Under the new rules, premiums will drop up to 40% to bring the PCIP premiums in line with state premiums. In states such as New York, New Jersey and Connecticut where premiums were already well aligned with the state premiums, there will be no changes.

Eligibility standards for coverage will be eased in 23 states and DC. Starting on July 1, 2011, it will no longer be necessary for people to show a denial of coverage from an insurance company due to a pre-existing condition. Instead, all that will be necessary is a letter from a doctor, physician's assistant or nurse practitioner dated within the past 12 months stating that the application has, or at any time in the past, had a medical condition, disability or illness.

Gabriel J. Hermann, Esq.

The New York Times published an article last week on programs that the Social Security Administration has in place to help people receiving Social Security Disability return to work.

While the Ticket to Work program has been in place for many years, I remain hesitant advising my clients to participate in the program unless they are confident that they can work and are willing to risk their Disability benefits.

As the Times article reports, employees of the Social Security Administration are ignorant about the program and how it might impact on a beneficiary's monthly benefits. I would hate for a client to misunderstand the notice and return to work, only to trigger a review of his or her claim due to that work activity. While I know that the Ticket to Work program is specifically designed to avoid triggering a Continuing Disability Review based on work activity, I also know that all it takes is one erroneous computer entry related to that work to initiate that review, thus jeopardizing much needed Disability benefits.

Although a benefits recipient may continue to get SSD benefits while earning about $1000 per month working, it's much more complicated than that. I would advise any Disability Benefits recipient who receives a Ticket to Work to think hard about taking SSA up on their "offer" and to seek guidance from a qualified advisor, whether a work counselor or an attorney.

Gabriel J. Hermann, Esq.

On Tuesday, the Supreme Court recognized that disabled Veterans might need more flexibility with regards to filing deadlines, particularly when missing a deadline is due to the very disability being alleged. Justice Alito delivered the unanimous ruling in Henderson v. Shinseki, in which he stressed "Congress' longstanding solicitude for veterans." It's nice that the Supremes have given Disabled Veterans something that has been written into the Regulations for Social Security claimants for many years.

Gabriel J. Hermann, Esq.

A client brought to my attention a recent posting on About.com offering advice by a clinical psychologist on how to file for Social Security Disability benefits.

While it's certainly great that this clinician is aware of Social Security Disability benefits and recognizes the importance of getting the word out about Social Security Disability benefits as an option, what I find infuriating is that she does not offer anything new. Rather than recommend that disabled people consider speaking to an attorney well versed in the Disability process, she offers generalizations gleaned from what appears to be a quick review of the Social Security website. She lays out the process as simple, fails to mention any of the well known pitfalls common to disability claims, and implies that 'disabled' people will be approved. What she completely fails to take into consideration and certainly does not mention to her readers is that a claimant for Social Security disability benefits cannot simply file the claim and then sit back and wait to be approved. It is crucial to contact treating sources and make sure not only that they provide the requested records and opinions, but that those records or opinions are presented in such a way as to lead the Social Security Administration to the logical conclusion that a claimant is disabled.

Attorneys experienced in handling Social Security Disability claims know what the doctors need to focus on when providing their opinions and know how best to present that information to the SSA decision maker. Furthermore, if a hearing is necessary, attorneys who have received advocacy training are much more likely to persuade Judges who might be on the fence over how to interpret certain evidence in the claims record.

Disability benefits can help pay for food, housing or medical care. Not to state the obvious, but If someone needs those benefits, winning is critical. Nobody should rely on an internet post to give them the instructions needed to win a claim - the nuances inherent in every individual's case make it completely unrealistic to expect a positive result in most cases. If you are disabled, the best way to get help with a claim is to contact an attorney well versed in the Social Security law and process.

Gabriel Hermann, Esq.

I read with interest a report that conducting video hearings is a new measure to help reduce the backlog of claims pending a Social Security disability hearing.

I have been participating in video hearings for a number of years, and have found that the effort to farm out hearing to other offices and do them by video has had mixed success vis a vis the hearings backlog. The problem is that very often, cases get shipped from one hearing office to another where each time they are put in the end of the queue for a hearing. This means that a case that sat in office #1 for 8 months and was then shifted to office #2 to help ease backlogs in office #1 will be find itself behind newer cases that were referred to case #2 for a 'live' hearing.

Furthermore, nothing is necessarily gained using a video hearing for claimants who have difficulty traveling, since these hearing can still only be conducted at a Social Security office set up to conduct these hearings.

Finally, the technology for video hearings has still not evolved to a point where the Administrative Law Judge (ALJ) can, in fact, effectively get the sense of a claimant by using the pan and tilt features of the video appliance. In my experience, the ALJ's camera is set and there are never any adjustments made to close in on the claimant during the hearing.

In my humble opinion, the benefits of video hearings continue to be outweighed by the deficits. I know of many ALJs who prefer a live hearing because they feel that something is very much missing from the video hearing.

I tend to agree with them.

Gabe Hermann

For more on video conferencing at disability hearings, see these other blog entries Lew and I have written in previous months: "Video Hearings Don't Help the Claimant" and "Social Security Continues to Lead the Federal Government in Providing Internet and Technology Assisted Services."

Several months ago I wrote about the New Jersey health insurance program available for individuals with pre-existing conditions (click here for that blog entry).

A similar program exists in New York State as well.

As with the New Jersey plan, pre-requisites include:
• having a pre-existing condition - although, in New York, the conditions are specifically identified and if an application's condition is not on the list, eligibility is subject to medical review.
• Not having had health insurance coverage for 6 months
• Being a legal US resident and a resident of New York State

Rates are as follows:
$421 for residents of the 5 counties that make up New York, Nassau and Suffolk, and counties North of the city including Ulster, Dutchess, Westchester, Rockland, Putnam and Sullivan.
$362 for all other counties of New York State.

Please note that this program is first come, first served and thus will likely fill up quickly. If that happens, the state and GHI (the plan administrator) will create a waiting list.

Click here for an application and further details.

Happy New Year!

Gabe Hermann

Today, about a dozen of my clients faxed me a copy of a notice from the Social Security Administration reporting that an employee of the New York Office of Disability and Temporary Assistance (the state agency that contracts with the Social Security Administration to make initial disability determinations) had access to and might have stolen names, Social Security numbers and dates of birth. This is a huge deal considering the priority that SSA places on claimants' confidentiality.

While I think it's unfortunate that this has happened, particularly to my clients who have enough to worry about without now needing to monitor their credit reports for identity theft, the reality is that this is happening more and more. I hope that SSA doesn't feel that offering 1 free year of credit monitoring is the only fix necessary and that the decision makers put a lot of thought into how best to protect the citizenry's personal information.

For more information on the story, click here.

Gabe Hermann

I was in the Hackensack, NJ Social Security Field Office yesterday to take care of some personal business and I must say that the process went much more smoothly than I would have expected in light of all the negative comments I frequently read online. I arrived and, even though it was lunchtime and the waiting room was crowded, the Agency's staff were moving the cases along and providing, what appeared to me, proper service to the public.

Although I admit that what I was taking care of was relatively simple and need not have taken a long time, many of the other consumers at the office obviously had more complicated business to attend to and they were also serviced quickly and, it appeared to me, properly.
The office was clean and instead of showing trashy daytime television on the TV, the video screens were offering suggestions, explaining the various Social Security processes to the waiting consumers and showing, dare I say it, peaceful images while the loudspeakers were playing - I'm not kidding - spa sounds.

All in all, it was an uneventful visit. I got done what I came to do and the claims representative was extremely accommodating in helping me replace my own long lost social security card! By the way, for all of you wondering, while a valid driver's license is acceptable in most circumstances, it doesn't hurt to bring your passport in to show citizenship if applicable.

Gabe Hermann

I met a very pleasant prospective client yesterday who had been working steadily as a performer for many years. I asked him for a copy of his earnings statement to determine what his monthly benefits would be and I was surprised to see that despite having worked for many years, he had zero earnings throughout that period. When I questioned him about this, he told me that when he was a child, his manager had set up a corporation to which all his income was paid. That corporation, in turn, purchased investments to support him in his retirement. Well, the Stock Market crashed and the housing market tanked and now my client has no assets and the only benefit I might be able to get for him is Supplemental Security Income.

It never ceases to amaze me that qualified CPAs and financial planners fail to consider the possibility that their clients will become disabled!

Even though what this manager did was probably legal, it was a horrible disservice to my client. While I understand the urge to minimize income for tax purposes, there is absolutely nothing to justify posting ZERO earnings for many years. To my mind, the cost of buying the absolute minimum Social Security Disability benefits is cheap. A person pays from 7.5% to 5% payroll tax on earnings of about $5000 per year. Seriously, even including regular federal, state and local income tax, it's still paying under $1000 for the year. The value of being eligible for Medicare alone should offset the cost.

While I understand that self employed people earning very little might really need to take advantage of this ability to take deductions in order to make ends meet, I'm talking about those financially successful people who figure out legal ways to avoid paying any tax. Ultimately, as with my prospect today, the gamble that everything will be fine doesn't pay off and, at best, I can help obtain SSI for them. At worst, regardless of the degree of disability, there's nothing I can do for them.

Gabriel Hermann

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