Posts Tagged ‘Security’

Proving You Are Disabled to the Social Security Administration

January 12th, 2010

We see it too often in our Social Security Disability Law Practice. A potential client will contact us for the first time after their case has been lost before an Administrative Law Judge. When we ask why they did not use a lawyer to try their case the answers we almost always get is “my doctor said I was disabled and even wrote a letter,” or “I thought it was obvious from my records I was disabled”. Other times, we hear “I thought I couldn’t afford a lawyer. “ What these people did not understand, sadly, is that there is nothing obvious about Social Security Disability law. The regulations governing SSD, SSDI and SSI are very complex, even for lawyers who devote their entire practice to this area of the law. Here are some things to keep in mind that will help prove your disability to the Social Security Administration: 1. Hire a lawyer with extensive experience in Social Security Disability law. This seems obvious. . . because it is. Attorney fees in social security disability cases are only paid if you win. The lawyer receives a percentage of the back benefits up to $5,300. 00. The average attorney fees are much less. With the fees being so small compared to what is at stake, why would anyone try to go it alone? For information as to what you should look for in a Social Security disability lawyer. 2. See your doctor regularly, even if you don’t have medical insurance. I know, seeing a doctor can be very expensive, but regular treatment is critical to proving your case. 3. Document your disability impairments, symptoms and limitations with your doctor and be specific. When a doctor writes in his record “Mr. Smith is disabled” it is not very useful. On the other hand, when the doctor writes “Mr. Smith cannot sit or stand for more than 20 minutes at a time because of severe pain” or “Mr. Smith has shortness of breath and chest pain on even minor exertion”, we have much more to talk about with a social security judge. These simple steps will greatly improve your chances of being awarded the social security disability benefits to which you entitled. If you’ve applied for social security disability benefits and haven’t been able to get your disability recognized, it’s not too late to bring a Social Security disability attorney on board now. Your next step will be to file a Request for Reconsideration, which must be filed within 60 days. Since the same committee that made the first decision makes the second, the odds are high that your application will be denied again. In that case, your social security disability law attorney will be able to help you plan a case that will be presented to the Administrative Law Judge. Rather than relying on the previous decisions, the Administrative Law Judge will examine the evidence, listen to the expert opinions of your doctors and psychologists and then make a decision. This is the sole part of the process that you are actually able to speak and be seen by the judge. Sometimes, the judge retains an additional medical expert to review your history and records and offer an opinion, as well as a vocational expert. The vocational expert will assess your employment background, education and skills, and physical limitations, and then make an assessment on your ability to hold a full-time job. The complexity of a social security disability benefits case can not be under-estimated, which is why it’s very important to work with an attorney who specializes in the field.

St. Louis Social Security Disability Lawyer Discusses Tips on Preparing for Your Hearing

December 23rd, 2009

Our office has been working with “Social Security Claimants” for over two decades. Most Social Security applicants don’t understand what is involved in successfully presenting their case in front of an administrative law judge. First, it is important to understand that it is normally not enough to prove that you can’t work at your last job. Instead you must prove that you have a “medically determinable disability” which prevents you from engaging in any “substantial gainful employment”. The word “substantial” is important because you can earn a small amount of wages and still be eligible for disability benefits. The amount is set by the Social Security Administration and can change from time to time. If you are already engaging in substantial employment, then you are not eligible to obtain disability benefits. Secondly, there are regulations which Social security attorneys refer to as “the Grid”. The Social Security Administration recognizes different standards for claimants of different ages, levels of education and work backgrounds. Once the appropriate standards are determined, an attorney can determine whether the medical records are adequate to support the claim for disability. If not, an attorney may pose specific questions to a claimant’s treating doctor(s). Thirdly, it is important for an attorney to help his client quantify his complaints in a specific manner. A claimant may be asked, “How much can you lift”. A bad answer would be “not very much”. An answer like this doesn’t help to describe the claimant’s limitations. It should be noted that Social Security judges refer to something called “The Dictionary of Occupational Titles” for job information. This source describes the exertional requirements of all classified jobs which exist in the national economy. It is up to the claimant’s attorney to prove that his client can’t perform any substantial work for which he is qualified. In addition, “Social Security Judges” will often bring “vocational rehabilitation counselors” into a hearing in order to get clarifications as to the claimant’s “work background”, “work restrictions” and the requirements of various jobs. An attorney must be prepared to effectively challenge the vocational counselor’s testimony through effective cross-examination. Finally, Social Security Hearings are informal and usually take about an hour, although they can vary in length, depending on the judge’s format and the complexity of the case. Your attorney will know the various judges at the “Downtown SSA Office” and the “Creve Coeur SSA Office”. Be sure to dress appropriately, as it is important to create a favorable impression. In short, preparation is the key to winning your case, so talk to your attorney ask him what you can do to help your cause. The contents of this article are intended for educational use only in order to provide readers general information and a basic understanding of the law. If you are seeking legal advice, please consult a licensed professional attorney in your state. The information in this article should not be substituted for experienced legal advice.

Security Career The Impact of Education on Crime

December 21st, 2009

If you work in law enforcement, you’re certain to eventually be confronted by one big common denominator in the criminal element: a lack of education. Beyond the mere expectations of having a formal college education suitable to build a career with, most of the criminal class is without even the basic high school diploma, and quite a few more are without even the basics of grade school.
It is true that a small portion of the criminal base is also educated – we have the so-called “white collar” criminals and of course, symptomatic social crimes such as drug addiction and domestic violence happens across all classes. But for the large part, it is notable that a distinct lack of education is to blame for the majority of the criminal class failing to find a more socially acceptable means of achieving a livelihood.
The difficulty here is that by the time you’ve recognized the problem, it’s too late to fix. We can encourage children as much as we want to to not drop out of school, but the only ones likely to listen to us are the ones who wouldn’t have dropped out in the first place. The adults we get out of the system who are already showing a criminal record are already too fixed in their habits and unlikely to return to school anyway – especially since the school system isn’t in a great hurry to take them back.
Perhaps we should have the schools enact a “no-release-until-graduation” policy – where you are considered truant if you are not attending school for as long as you live without a diploma. Yes, we can sit here all day coming up with one brilliant solution after another.
Yet we throw legislation at the school system like there’s no tomorrow, and it’s all to no avail. Every president we get launches an ambitious plan to reform education, include every child, beef up curriculum, hire more teachers, build more schools, write better text books. What else can we do? We shovel billions of dollars at the problem; the problem just gets bigger. If we simply raked all the dollars into a pile and burned them, would the problems be any worse?
While our under-educated criminal class isn’t specific to the United States, the sheer poverty of our education system is compared to other countries. Consistently, other countries soundly trounce our students in competitions. The United States shows up on those list of rankings of the industrialized countries, and here we are in 12th place, 16th place, 25th place. How is this happening? Adjusting for currency, the United States spends more and gets back less on its educational system than any other industrialized country.
And yet, here we have the autodidacts. Don’t know what an autodidact is? Well, there goes the educational system failing people again! An autodidact (it says in the dictionary) is a mostly self-taught person; is typically someone who has an enthusiasm for self-education and a high degree of self-motivation to attain it. Such ability has led to the success of many famous and successful individuals in history.
Autodidacts are especially prevalent in technology. These people simply educated themselves for free at the public library, got a computer as soon as they could afford one, educate themselves daily on the Internet, and picked up a technology-related trade simply by practicing it at home until they got good at it!
Yes, you could take business school to learn spreadsheets, but what about just downloading a spreadsheet program for free and reading the help file? People do it every day! Autodidacts fill out part of both the drop-out quotient, and those who attain a degree anyway.
The degree is usually “just enough” while the autodidact continues to educate themselves on their own. A related concept is a “polymath” an old expression meaning the same thing. Imagine if somebody taught themselves higher mathematics just by figuring it all out on paper.
A partial list of autodidacts includes Ray Bradbury, Andrew Carnegie, Raymond Chandler, Agatha Christie, Walter Cronkite, Philip K. Dick, Charles Dickens, Walt Disney, Thomas Edison, Larry Ellison, William Faulkner, Bobby Fischer, F. Scott Fitzgerald, Henry Ford, Benjamin Franklin, Buckminster Fuller, Bill Gates, Carl Friedrich Gauss, Ernest Hemingway, Jimi Hendrix, Dustin Hoffman, Peter Jennings, Steve Jobs, Michael Keaton, Stanley Kubrick, Ralph Lauren, Rush Limbaugh.
Abraham Lincoln, Steve Martin, William McKinley, Herman Melville, H. L. Mencken, John Milton, James Monroe, Bill Murray, Florence Nightingale, Penn Fraser Jillette, Edgar Allan Poe, John D. Rockefeller, George Bernard Shaw, Quentin Tarantino, Nikola Tesla, Leo Tolstoy, Harry S. Truman, Ted Turner, Mark Twain, Gore Vidal, Leonardo da Vinci, Walt Whitman, Steve Wozniak, Frank Lloyd Wright, and Chuck Yeager.
It is ironic that some of the same people who rejected traditional education are now the people who produced much of the work held up in educational institutions as an example for students to emulate!
There you have it – some people won’t complete an education even if it’s handed to them on a silver platter, and other people will pursue an education with such dedication that they are able to do a better job of it themselves than the most famous Universities.
Clearly, there is a point to education that we’re just not getting. Perhaps understanding the factors associated with autodidacts will lead to a better method of inspiring today’s generation to do something more worthwhile with their lives.

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