Geography Plays Role of Disparator in Approval Rates for Disability Benefits

Geography Plays Major Role In Outcome of Social Security ClaimsPR Newswire reports that a survey of more than 200 Social Security Attorneys nationwide revealed that one of the most important factors in determining whether or not a disabled person will be approved for Social Security benefits is not something that would normally make the top of a list of possible reasons.  As surprising as it sounds, your disability claim may be held hostage by nothing more than where you live.

Turns out, it appears to be true.  The survey revealed major differences in approval rates for Social Security disability benefits and Supplemental Security Income benefits based when similar claimants with similar conditions and educational background were compared across different geographic areas of the country. Further, the study revealed that geography also plays a significant role in the amount of the back pay awarded by the administrative law judge.

When the geographic variable was removed the approval rates and award amounts fell back within reasonable averages when compared against one another.

Possible Causes

"...People who live in geographic locations that offer health care to those who are financially destitute have a higher chance of showing the judge that they are in fact disabled."

The study organizers indicated that the disparate results are most likely caused by the differing attitudes and views of the various judges  that hear these types of cases.  However, there are other theories as to why the results are so different from one location to another.

Samuel Packard, a Social Security attorney for Packard LaPray, doesn’t completely agree.  “Typically, the amount of back pay awarded depends on the amount of time a person has to wait before they have a  hearing with the judge.  As a result, if a certain geographic location has a long processing time before hearings are held, then claimants that live in that area will typically be awarded more back pay,” he stated.

When asked to next consider possible causes of disparity in overall approvals, Packard continued by stating, “A high percentage of denials are not based on whether the claimant is actually disabled, but rather on the amount of medical treatment the claimant could have received that would have proved their medical condition.  As a result, people who live in geographic locations that offer health care to those who are indigent or otherwise financially destitute have a higher chance of showing the judge that they are in fact disabled.”

What Can Be Done?

While these factors may appear to be outside the control of claimants and their attorneys, that isn’t always the case.  Many Social Security lawyers agree that continued, regular visits to the doctor during the life of the claim can help overcome the influencing factors of geography in determining approval rates and award amounts in disability claims.

Statistics also indicate that claimants who are represented by experienced Social Security attorneys have a much higher approval rate at hearings than those who simply choose to represent themselves.  A claimant’s representative will help ensure that medical care and continuous updates to the medical record by doctors and other qualified health professionals so that the record does not become bare leading up to the hearing.

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Current Economic Crisis Causing Social Security Recipients to Return to Workforce? I Don’t Think So.

Some Social Security Recipients May Return To The WorkforceAnother story is out in the Wall Street Journal about the “claim and suspend” measure of Social Security benefits for retirees.  The author brings up the fact that a retiree, who is receiving Social Security benefits, can suspend their benefits and return to the work force, and in the meantime, their future benefit cap will rise, as though they had not yet filed for benefits.

Interestingly, the article somehow tries to tie the country’s current economic condition to the idea that retirees are returning to the workforce.  While the text and the message of the article hold true and is generally good information, I seriously doubt that the recession is forcing retired folks back into the workforce.  With more unemployed workers competing for fewer jobs, it seems to me that there is little incentive for a retiree, who is already drawing and living on Social Security benefits, to temporarily suspend those benefits for an opportunity to jump back into the hunt.

Conversely, if the economy were booming and jobs were plentiful, wages were good and hope was on the rise (as opposed to our being mired in a recession), then I would expect Social Security benefit recipients to at least consider whether they could make a fresh start in the hopes of finding lasting, high-paying employment.

Again, the point of the Wall Street Journal article is true.  If a retiree takes a few years off of retirement to rejoin the workforce, then while the retiree is working, his or her monthly benefit amount will increase as though the retiree never received benefits in the first place.  That being said, it’s up to each retiree to decide what’s best in the long run.

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Can You File for Disability While You’re Still Working?

Social SecurityToday I received this email from a prospective client asking about the possibility of filing a Social Security disability claim while working.  The email states:

“My doctors currently say I am or very close to being fully disabled. However if I file for disability while I am still working I would get denied , correct? I am at an impasse with working. I have to force myself to keep working because I need the income even though it is almost impossible for me to get around. I may have enough money to go ahead and quit working to last me a short while, but I am not at a point to make that last very long. I am 60 yrs old and am trying to work with new braces I have, but it is not going well. I suspect I will be permanently in a wheel chair very soon. Suggestions, please! “

My response was simple:

“It is possible that you could be turned down depending on how much money you are making.  Social Security considers an income of $980.00 and higher to be “substantial gainful activity” and you are not eligible for Social Security benefits.  If you are making less than $980 per month, then you can file an application; however Social Security does look at the fact that you are working and will take in consideration how many hours per day and per week that you are able to work.”

Something to keep in mind

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Proving Disability for Chronic Back Pain

Back pain is purely subjective. Getting approved for Social Security Benefits usually requires going to a hearing.

I was recently reviewing the medical records of an old case. In this particular matter, the claimant was simply diagnosed with “Failed Back Syndrome”, otherwise known simply as (FBS).  In this regard, the claimant had undergone a previous back surgery to remove a herniated disc in his lower back.  Afterwards, he failed to notice any real improvement, and more importantly, over the course of the next few years, his back became more and more symptomatic, to the point that he was essentially debilitated from any real quality of life.

I remember this client well.  He had worked all his life as a carpenter and was now effectively prevented from performing any meaningful labor.  He became totally dependent on family and friends, he had to move in with in-laws, eventually dwindling into depression and hopelessness.

When he came to me for help, he was amazed when I told him that even though his condition was severe, there was no guarantee that the Social Security Administration would declare him to be disabled.

How To Prove You’re Disabled Because of Severe Back Pain

The nature of pain is purely subjective.  There has been little progress in the medical world to quantify pain, especially when comparing one person’s level of pain to another’s.  Anyone who has been to the doctor for an injury has probably been asked to “rate the level of pain on a scale from one to ten”, but it’s not hard to see that is not an entirely practical or fair measure of the amount of debilitating pain that a patient may feel.  Simply put, pain, in and of itself, is not considered to be a diagnosis.

First, you must show that your back pain prevents you from doing certain things that would normally be expected of someone in any type of job for which they are otherwise qualified.  Sitting, standing, walking, lifting must be affected to a severe degree.  Additionally, the pain must be so that it requires you to take medications that may interfere with your ability to memorize and communicate well.  Lastly, the administrative law judge and other experts at the disability hearing must agree that your pain is significant and debilitating.

What can you do?

Ultimately, you should gather all your medical records, file for social security, and expect to receive a denial of benefits.  Then, find a qualified Social Security Lawyer to help you with your claim.  Cases such as these are rarely approved for Social Security benefits without going to a hearing, and your chance of success is significantly improved if you are represented by a qualified Social Security lawyer.

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When To Start Collecting Social Security - Some Say Later, I Say Sooner

Social Security Benefits
Social Security Benefits - Retire Sooner or Later?

David McPherson of ABC News recently ran an editorial column wherein he discussed the “right” time to begin collecting Social Security benefits.  He was talking more about retirement benefits, and how waiting longer to apply for and receive such benefits may be in your best interest.   McPherson pointed out what most of us already know; that if you start collecting benefits at an earlier age, you lock yourself into less money per month, as opposed to waiting until you’re older in order to receive more money per month.

While that sounds good at face value, I’m afraid that his math simply doesn’t add up.  For example, McPherson correctly stated that at today’s rates, a retiree that begins collecting Social Security at age 62 only earns $19,665 per year, but if the same retiree waits until age 66 he or she will receive will receive $26,220 per year.

Sounds ok, right?  Wrong.

What McPherson fails to point out is the lost $80,000 total receivables between age 62 and age 66.  To make up the difference in earnings, the worker who retires later will have to wait until his or her 69th birthday to make up the deficit.

Clearly this may be ok for some, such as the retiree who fully expects to live a happy, active lifestyle until he or she is at least 80 years old.  As for me, I would recommend taking the money earlier and using it to my own benefit during the years in which I am fully able to make the most use of it.

On the other hand, if the retiree is otherwise financially able to live comfortably well without the supplemental earning of Social Security retirement benefits, and the retiree is in excellent health and fully expects to live an additional twenty years or more, then he or she may well consider waiting until a later age, so that the inheritance of his or her posterity may be increased.  If this paragraph describes you, then I say follow McPherson’s sound advice.

But as for me, I’ll take my money as soon as I can get it.

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