Personal Injury and Social Security Disability Blog

Featured Link - Morgan’s Wonderland Amusement Park

Morgan’s Wonderland is located in San Antonio, Texas. It is the World’s First Ultra Accessible Family Fun Park designed specifically for children and adults with special needs, their family members, caregivers, friends and the entire community. This 25-acre park is a unique oasis, that through the spirit of inclusion, allows people of all abilities to play, learn and share life changing experiences together, in a fun and safe environment. Here is a description from the park's Web site:

Mission Statement

To provide a safe, clean beautiful environment free of economic barriers for special needs individuals of all ages.

Vision

Our vision at Morgan’s Wonderland is to establish a special place where  smiles and  laughter make wonderful memories with family members caregivers and friends.  Where the common element of play creates an atmosphere of inclusion for those with and without disabilities so everyone can gain a greater understanding of one another.

How Does Social Security Evaluate Disability Claims?

There is a five-step process set out in the Code of Federal Regulations that determines how disability claims are to be evaluated. 20 C.F.R. §§ 404.1520 and 416.920 (2009). If an individual is found disabled or not disabled at any point in this five-step process, the analysis stops and is conclusive on the issue of disability. The basic five steps are outlined below:

∙           Step One. At the first step, Social Security determines whether you are currently engaged in substantial gainful activity. This is generally determined by looking at the amount of wages (if any) that you earn on a monthly basis. If your wages are high enough, you will be found not disabled regardless of the severity of your medical condition, your age, your education, or past work experience.

∙           Step Two. If you get past step one of the analysis, Social Security then ensures that you have a severe impairment or combination of impairments. If the impairment(s) are not severe, you are deemed not disabled.

∙           Step Three. If you get past step two, Social Security compares your severe impairment(s) with those on a list of specific impairments. If your impairment(s) meets (or equals in severity) the criteria of a listed impairment, you are deemed disabled without considering your age, education, or work experience. Not every impairment or diagnosis is included among the listed impairments, referred to as “The Listings.”

∙           Step Four. If your claim proceeds past step three –  because your impairment is either not on the list or does not satisfy the listing – Social Security will determine if your residual functional capacity (RFC) allows you to perform the demands of your past work. If you are still able to do your past work, you are deemed not disabled.

∙           Step Five. If you cannot perform your past work as determined in step four, Social Security then determines at the fifth and final step if you can, given your residual capacities, age, education, and work experience, do other work. If you cannot do other work, you will be found disabled.

You have the burden of proof at the first four steps of the above analysis. If you have shown that you are unable to perform your previous work, the burden shifts to Social Security to show that there is other substantial gainful employment available that you, taking into account all of your limitations, are able to do and maintain for a significant period of time. If Social Security adequately points to potential alternative employment, the burden shifts back to the claimant to prove that he or she is unable to perform the alternative work.

EEOC Finds Increase in Job Discrimination Claims Based on Disability

The Associated Press reported, "The number of workers claiming job discrimination based on disability, religion or national origin surged to new highs last year, as federal job bias complaints overall stayed at near-record levels. The Equal Employment Opportunity Commission said Wednesday that charges of disability discrimination rose by about 10 percent to 21,451 claims, the largest increase of any category." As in previous years, "claims based on race, sex and retaliation were the most frequent."

From the American Association for Justice news release. 

More Texans Apply for Social Security Disability Insurance — and Wait for Benefits

The Watchdog column in the Fort Worth Star Telegram recently had a good article about the hardship of the long waiting time for Social Security disability applicants. This has been a problem for all the years our firm has been representing Social Security disability claimants, and while it is somewhat better now than at times in the past, the wait is still unconscionable for people who are too disabled to work and bring in any income. Here are excerpts from the column:

In Texas, about 50,000 people are waiting to hear back about their initial application to get SSDI benefits, paid to people who are under retirement age but can no longer work because of a disability.

That number of applicants almost doubled in one year, the Social Security Administration says.

If statistics hold true, about two-thirds of them will be denied and go on to appeal that initial decision.

And 30,000 others who were denied are waiting for hearings — about 3,700 of them applying to the Fort Worth regional SSA office, government statistics show.

The numbers are growing because, in addition to aging baby boomers, more Texans are applying for disability in a poor economy. A monthly payment can be $1,000 or more.

The good news, SSA says, is that the wait for Texans to get a hearing is 288 days. If that sounds like a lot, well, the national average is around 446 days.

"The Fort Worth area is faring much better than the nation as a whole," said Mark Lassiter, a spokesman for the Social Security Administration.

Still, any wait of a year or more can send some applicants into near-poverty. While they wait, they can’t work and receive little or no income. Some lose their house and their health insurance. Many deplete their savings.

"Even when it’s getting better, it’s still too long for people to wait for an appeal," says Ethel Zelenske, director of government affairs for the National Organization of Social Security Claimants’ Representatives.

"They planned for baby boomers getting old, but who could plan for the economy going into such a tailspin? That’s really thrown people off. And Congress is aware and giving the agency more money to deal with it. But that’s a really difficult situation."

Zelenske said many workers don’t apply for benefits if they become impaired as long as they can keep working. That’s why the recession has brought a surge in applications.

"If they lose their job, it’s not likely they will find a job somewhere else," she said. "There really are no options for them. What’s available to them is filing for benefits."

With unemployment hovering at a high level, the expected influx of applicants — from 2.6 million in 2008 to 3.3 million next year — will cause a greater backlog for hearings, she predicts.

Last month, Social Security Administration Commissioner Michael J. Astrue told Congress that the process is improving because people can now apply electronically.

The agency received $500 million in stimulus funds this year to help process the backlog. Some 8,600 employees were quickly hired. "We also maximized the use of overtime across the agency," Astrue said.

For some, he said, the wait has been 1,000 days. Two years ago, there were 65,000 cases pending for that length of time. But the number is dropping.

"No one should have to wait years for a decision on their benefit claim," he said.

Social Security Administration Inspector General Patrick O’Carroll told Congress last month that requesting a hearing before an administrative law judge can still mean "a wait of over 800 days."

Fast Facts About Arthritis

We recently attended the Commitment To A Cure Arthritis Breakfast in Dallas hosted by the Texas Chapter of the Arthritis Foundation. Their public health, public policy, and research goals are aimed at finding a cure for the 46 million individuals suffering from arthritis.  In keeping with our goal to educate our readers, we would like to share some fundamentals about arthritis we learned by attending this breakfast.

Osteoarthritis (OA)

• OA is a chronic condition characterized by breakdown of the joint’s cartilage

• OA is the most common form of arthritis affecting nearly 21 million Americans

• OA may affect any joint, but occurs most often in knees, hips, lower back and neck, small joints of the fingers, and the base of the thumb and big toe

• $10 million of OA research is funded by the Arthritis Foundation

Rheumatoid Arthritis (RA)

• RA is a chronic disease, mainly characterized by inflammation of the lining, or synovium, of the joints

• RA can start in any joint, but most commonly begins in the smaller joints of the fingers, hands, and wrists

• RA affects more than 2.1 million Americans, including children

• $17 million of RA research is funded by the Arthritis Foundation

Juvenile Arthritis (JA)

• JA affects nearly 300,000 children

• More children suffer from JA than cystic fibrosis, muscular dystrophy, and multiple sclerosis combined

• Diagnosis is made when there has been persistent arthritis in one or more joints for at least six weeks and after other possible illnesses have been ruled out

• $5 million of JA research is funded by the Arthritis Foundation

We are happy to pass along the above information and were grateful to the Arthritis Foundation’s materials Arthritis 101: The Fundamentals.

A number of our Social Security Disability clients suffer from arthritis. Individuals suffering from this disorder experience joint pain, swelling, and limited range of motion. If you, or someone you know, is suffering from severe arthritis and considering a Social Security Disability claim, we advise you to speak with an attorney. We handle cases throughout the state of Texas, but we are always happy to give you a referral if we are unable to assist you.

Sleep Apnea and Social Security Disability

Many of our Social Security Disability clients suffer from sleep apnea. Individuals suffering from this disorder frequently experience:

• excessive daytime sleepiness (e.g., falling asleep easily and inappropriately),

• memory problems, and

• frequent awakenings during the night, often with snoring.

The course of prescribed treatment can include positional therapy (e.g., not sleeping on the back), oral or dental appliances that keep the airway open, weight loss, surgery, and use of a continuous positive airway pressure (CPAP) device. While not all individuals who have been diagnosed with sleep apnea will be found disabled under Social Security rules, one source of information for people with sleep apnea that we recommend is the American Sleep Apnea Association. The American Sleep Apnea Association is a non-profit organization and should be considered a great information resource for those suffering from sleep apnea.

Recently we have assisted individuals with severe sleep apnea in getting Social Security Disability and Supplemental Security Income. Their cases were among the more severe of those suffering with the disease. The degree of frequency and severity of an individual's symptoms are unique in each case and will determine, to a large degree, whether an individual claim will be granted benefits.

Some diseases are included in Social Security’s Listing of impairments and some are not. In some instances, a disease, while not Listed, is addressed in a Social Security Ruling. The Rulings offer guidance but do not set out specific criteria for an award of benefits. Other diseases are not in the Listings or recognized in a Social Security Ruling.

Regardless of the disease, you or your lawyer should have the following:

• a good working list of your symptoms,

• a knowledge of the degree of certainty of your diagnosis,

• a general understanding of the consistency between your symptoms and your diagnosis,

• a good understanding of what evidence might best support your contention that your symptoms are disabling, and

• which legal theory will most likely be accepted by the Social Security Administration given the particular facts of the entire case.

If you, or someone you know, is suffering from severe sleep apnea consider contacting American Sleep Apnea Association for additional information or physician referrals. If you are considering a Social Security Disability claim, we advise you to speak with an attorney. We handle cases throughout the state of Texas, but we are always happy to give you a referral if we are unable to assist you.

Parkinson's Disease and Social Security Disability

A number of our Social Security Disability clients suffer from Parkinson’s disease. Individuals suffering from this disorder frequently experience the following symptoms:

∙    tremors or shaking,
∙    slow movement, and
∙    difficulty balancing.

The course of prescribed treatment varies depending on which symptoms are most troubling. Medications such as Stalevo are often used, and dosages are frequently modified with new medications being added or substituted. Physical and  speech therapies are also frequently employed along with surgeries such as deep brain stimulation. While not all individuals who have been diagnosed with Parkinson’s disease will be found disabled under Social Security rules, one source of information for people with Parkinson’s disease that we recommend is the National Parkinson Foundation. The National Parkinson Foundation is a nonprofit organization and their Web site full of information and resources to those suffering from Parkinson’s disease. You can call them at (800) 327-4545.

Recently we have assisted individuals with severe Parkinson’s disease in getting Social Security Disability and Supplemental Security Income. Their cases were among the more severe of those suffering with the disease. The degree of frequency and severity of an individual's symptoms is always unique in each particular case and will determine, to a large degree, whether an individual claim will be granted benefits.

Some diseases are included in Social Security’s Listing of impairments and some are not. In some instances, a disease, while not Listed, is addressed in a Social Security Ruling. The Rulings offer guidance but do not set out specific criteria for an award of benefits. Other diseases are not in the Listings or recognized in a Social Security Ruling.

Regardless of the disease, you or your lawyer should have the following:

∙    a good working list of your symptoms,
∙    a knowledge of the degree of certainty of your diagnosis,
∙    a general understanding of the consistency between your symptoms and your diagnosis,
∙    a good understanding of what evidence might best support your  contention that your symptoms are disabling, and
∙    which legal theory will most likely be accepted by the Social  Security Administration given the particular facts of the entire case.

If you, or someone you know, is suffering from severe Parkinson’s disease, consider contacting the National Parkinson Foundation for additional information on the disorder. If you are considering a Social Security Disability claim, we advise you to speak with an attorney. We handle cases throughout the state of Texas, but we are always happy to give you a referral if we are unable to assist you.

Commitment To A Cure Arthritis Breakfast Is This Week in Dallas

A few weeks ago we reminded everyone about the upcoming Dallas Arthritis Walk to be held in North Dallas on Saturday May 15, 2010, at 12700 Park Central Drive. We would like to take this opportunity to notify everyone about the Commitment to a Cure Breakfast to be held this Wednesday morning, December 2, 2009.  It will be 8:00 a.m. to 10:00 a.m. at the Royal Oaks Country Club at 7915 Greenville Ave., Dallas, Texas 75231.  Please contact Jane Hynes (214.826.4361) if you are interested in attending this breakfast.

Kraft & Associates will be in attendance and supporting our Dallas Team, Amy and the Anti-Imflammitories.  We hope to see you there and assist the 46 million individuals who suffer from arthritis.

A number of our Social Security Disability clients suffer from arthritis. Individuals suffering from this disorder experience joint pain, swelling, and limited range of motion. If you, or someone you know, is suffering from severe arthritis and considering a Social Security Disability claim, we advise you to speak with an attorney. We handle cases throughout the state of Texas, but we are always happy to give you a referral if we are unable to assist you.

Featured Link - National Osteoporosis Foundation

The goal of the National Osteoporosis Foundation is to make bone health a reality and a lifelong priority for all individuals. This group has much helpful information on their Web site. If you or a loved one suffer from osteoporosis I encourage you to visit this site.

Osteoporosis is a disease in which bones become fragile and more likely to break. If not prevented or if left untreated, osteoporosis can progress painlessly until a bone breaks. These broken bones, also known as fractures, occur typically in the hip, spine, and wrist. This is the Mission Statement of the National Osteoporosis Foundation:

To prevent osteoporosis and related fractures, to promote lifelong bone health, to help improve the lives of those affected by osteoporosis and to find a cure through programs of awareness, advocacy, public and health professional education and research. Established in 1984, the National Osteoporosis Foundation (NOF) is the nation’s leading voluntary health organization solely dedicated to osteoporosis and bone health.

Arthritis, Social Security Disability, and Supporting a Good Cause

A number of our Social Security Disability clients suffer from arthritis. Individuals suffering from this disorder experience the following symptoms:

• joint pain,
• swelling, and
• limited range of motion.

The course of prescribed treatment can include medications, physical therapy, and surgery. Not all individuals who have been diagnosed with arthritis will be found disabled under Social Security rules. One source of information we recommend for people with arthritis is the Arthritis Foundation. This is a non-profit organization with a Web site full of information and resources for those suffering from arthritis.

If you, or someone you know, is suffering from severe arthritis and considering a Social Security Disability claim, we advise you to speak with an attorney. We handle cases throughout the state of Texas, but we are always happy to give you a referral if we are unable to assist you.

In May 2009 Kraft and Associates was a sponsor of the 2009 Dallas Arthritis Walk. The time has come again to start planning for the 2010 walk that will be held in North Dallas on Saturday May 15 at 12700 Park Central Drive. You can sign up here. We hope to see you there, and assist the 46 million individuals who suffer from arthritis.