The Social Security Administration has started making progress in reducing the time for review and approval of claims for Social Security Disability benefits.

Three years ago, the average national delay between filing a Social Security Disability (SSD) claim and getting a decision was about 17 months. Meanwhile, the average delay in Michigan had risen to over 2 years.

Needless to say, these waiting times were far too long for anyone applying for federal benefits, particularly those disabled from work due to serious health problems or injuries. Many citizens with pending SSD claims were left struggling to survive and had to make impossible choices between paying for food, housing, or medical care.

To rectify this tragic situation, the Social Security Administration (SSA) launched an all-out national effort to reduce the backlog. This effort included the following initiatives:

• Increased Use of Computer Technology – SSA installed new computer hardware and software to enable agency personnel to review SSD claims in a more timely and accurate manner.

• Online SSD Applications and Medical Provider Forms – Individuals seeking disability now can complete application forms online. SSA also is adding online forms so that a medical care provider can submit documentation of a patient’s diagnosis and treatment over the internet.

• Video Conferencing for Appeal Hearings – To increase the productivity of hearing officers, SSA installed video conferencing equipment at many hearing locations. This allows administrative law judges to conduct hearings more quickly, and focus on the “oldest” cases, even if the SSD claimants live in other parts of the country.

• Military Service Casualty Cases – SSA is giving top priority to SSD claims filed by wounded members of the military service and their families. To qualify for this program, the disabling condition must have begun on or after October 1, 2001, while on active duty.

• Compassionate Allowances – SSA determined that certain extremely severe conditions are likely to be disabling and is expediting approval of claims filed by people with these conditions.

• Additional Front-Line Staff – Using funds from the American Recovery and Reinvestment Act of 2009, SSA hired 2,000 more staff for front-line claims processing. These new employees include more personnel for administrative hearings, disability determinations, local field offices, telephone services, and other functions directly connected to serving SSD claimants.

As a result of these initiatives, the Social Security Administration already reduced the waiting time for Michigan Social Security Disability benefit recipients by 25%, to about 18 months. The head of the agency, SSA Commissioner Michael Astrue, has publicly committed to continue backlog reduction efforts and further streamline claims processing, to bring the average national review period for Social Security Disability claims down to 9 months by 2013.

It is imperative that SSA continue and enhance its efforts to speed up review of SSD claims.

At the Sam Bernstein Law Firm, we understand the hardships that SSD claimants suffer. Our dedicated Michigan Social Security Disability attorneys work hard to help our Social Security Disability clients get prompt — and favorable — decisions.

If you or a loved one was disabled from work due to a serious injury or medical condition, you need to protect your legal rights by contacting an experienced Social Security Disability lawyer now.

The U.S. Social Security Administration (SSA) recently announced the addition of 38 conditions to its Compassionate Allowance list, increasing the number of disabled Americans eligible for speedy approval of social security disability benefits. The recognition and identification of these conditions, ranging from adult brain disorders to rare youth diseases, went into effect March 1, 2010.

“The addition of these new conditions expands the scope of Compassionate Allowances to a broader subgroup of conditions, like early-onset Alzheimer’s disease,” said Social Security Commissioner Michael Astrue.

“Many Americans do not realize that they may have a legal right to the disability benefits provided by the Social Security Administration (SSA),”

According to SSA, Compassionate Allowances are a way of quickly identifying diseases and other medical conditions that qualify under the Listing of Impairments, based on objective medical information.

SSA implemented its original Compassionate Allowance initiative in October 2008. At that time, the list consisted of 50 conditions: 25 rare diseases and 25 cancers. Rather than waiting months, and often years, for a hearing, individuals with these conditions could qualify for expedited review and approval of their disability claims, sometimes in a matter of days.

While many Americans are struggling in these difficult economic times, those with severe illnesses or injuries face nearly insurmountable challenges. The loss of employment income along with enormous medical treatment costs can quickly exhaust all their financial resources. Thus, SSA’s expansion of expedited processing will offer much-needed relief to disabled individuals and their families.

An estimated 40,000 to 50,000 Americans could benefit from the expansion in the year 2010 alone. The SSA received 3.3 million claims in 2009.

“Many Americans do not realize that they may have a legal right to the disability benefits provided by the Social Security Administration (SSA),” said Mark Bernstein, a Michigan social security attorney at The Sam Bernstein Law Firm. “This federal government agency provides social security benefit programs to individuals with serious disabilities and to their families. The expansion of benefits to another 38 conditions will help ease the financial suffering of many more disabled individuals with fewer delays.”

Social Security Disability Benefits are available to disabled workers who had enough earnings to meet Social Security Administration (SSA) requirements. As a general rule, individuals who worked for 5 out of the last 10 years qualify. A person who meets the SSA earnings threshold is eligible for benefits if he or she is unable to engage in any substantial gainful activity, due to a medically determinable physical or mental impairment, which can be expected to last for at least 12 months or result in death.

Seniors who are taking antidepressants, sedatives, and other psychotropic medications may be at an increased risk for falls, according to a new study published in the November 23, 2009 issue of the Archives of Internal Medicine.

Canadian researchers analyzed 22 published studies, which included a total of 79,081 participants older than 60. The studies evaluated the effects of 9 classes of drugs:

• High Blood Pressure Medicines
• Diuretics
• Beta Blockers
• Sedatives and Hypnotics
• Neuroleptics and Antipsychotics
• Antidepressants
• Benzodiazepines
• Narcotics
• Non-Steroidal Anti-Inflammatories

After reviewing the data and other factors, the researchers concluded that there was a significant association between older adults’ use of sedatives, hypnotics, antidepressants and benzodiazepines, and their risk of falls.

“Given the divergent results shown by some observational assessments within specific medication classes, the results of our meta-analysis reiterate the need for caution when prescribing these medications to seniors,” wrote John C. Woolcott, of the University of British Columbia and the Centre for Health Evaluation and Outcomes Sciences in Vancouver, and his colleagues.

“It is hoped that future research in this area can be completed with larger sample sizes in both community and long-term care facility settings and thus improve the quality of information about fall risks that is available to physicians and pharmacists when they are deciding which types of pharmacotherapy to provide,” the researchers added.

Over 30 percent of people who are 65 years or older will suffer a fall at least once a year. Falls and their complications are the fifth leading cause of death in the world.

However, falls and fractures are not an inevitable part of growing older. In fact, many can be prevented. To reduce your risk of falls and fractures, you can:

• Make personal lifestyle changes to increase your physical well-being.
• Make changes in your home.
• Consider using walking aids or other assistive devices.
• Take steps to maintain or improve your bone health.
• Talk to your doctor about other steps you can take to lower your risk of falling.

The Sam Bernstein Law Firm encourages all consumers to stay informed of current medication news, to ensure the safety of you and your family.

At the Bernstein Law Firm, we are dedicated to making sure every decision made about your Social Security Disability claim is correct and fair.

The Social Security Administration is the federal agency that decides whether you are eligible for benefits. It will send you a letter explaining their decision. If you do not agree, you can ask us the agency to review your case. This is called an appeal.

If you wish to appeal, you must make your request in writing within 60 days from the date you receive the denial letter.

There are three levels of appeal. They are:

1. Hearing by an administrative law judge.
2. Review by the Appeals Council
3. Federal court review

You can handle your own Social Security appeal or you can retain an attorney to represent you. Social Security will work with your attorney just as it would work with you. Your attorney can act for you in most Social Security matters and will receive a copy of any decisions Social Security makes about your claim.

At the first level of appeal, you can request a hearing before an administrative law judge. You and/or your representative may come to the hearing and explain your case in person. You may look at the information in your file and give new information. The administrative law judge will question you and any witnesses at the hearing. You or your representative also may question the witnesses.

After the hearing, the administrative law judge will make a decision based on all the information in your case, including any new information given.

If you disagree with the hearing decision, you may ask for a review by Social Security’s Appeals Council. If you disagree with the Appeal Council’s decision or if the Appeals Council decides not to review your case, you may file a lawsuit in a federal district court.

If you or a loved one is fighting for Social Security Disability benefits, contact one of our experience Social Security attorneys immediately for a free confidential legal consultation.

Starting a Claim for Social Security Disability Benefits
To make a claim for Social Security Disability benefits, you need to file an application with the Social Security Administration (SSA). The SSA provides an on-line application form on its website www.ssa.gov. You also can file for Social Security Disability benefits by going to a local SSA office. If you have trouble finding a Social Security Administration office close to your home, call the Social Security Administration toll-free hotline number at 1-800-772-1213. (Deaf and hard-impaired individuals can reach Social Security Administration by TTY at 1-800-325-0778.)

Submitting an Application for Social Security Disability Benefits
Take the time to carefully fill out your Social Security Disability application. Remember that the Social Security Administration will use whatever information you provide to decide if you qualify for Social Security Disability benefits.

Give complete answers to every question. This could help the Social Security staff fully understand the severity of your disability, the limitations that it places on your capacity to work, as well as the prospect that your disabling condition or illness might get better or worse in the future. In addition, the Social Security Administration may process your application more quickly, if you include all the required information on your application form.

If you have trouble understanding all the questions on the application, you have a legal right to ask the SSA to help you. To get assistance, call their toll-free number listed above, or visit a local Social Security Administration office.

Getting an Answer from the SSA about Your Social Security Disability Application
After you send in your application, the SSA may take several weeks or months to review your information and tell you its decision.

If your Social Security Disability benefits are approved, the SSA will send letters to let you know the amount of your benefits and your health coverage options. They will also tell you about your responsibility to report changes in your medical condition, employment status, and other factors that could affect your eligibility for benefits.

Be sure to read and follow all the instructions, to help ensure that your benefits continue for as long as you have a right to receive them.

If the Social Security Administration denies your initial application, you have the legal right to challenge the unfavorable decision by filing an appeal.

Appealing a Denial of Your Benefits
Do not give up, if the SSA denies your claim. In fact, the SSA often rejects the initial applications of individuals who meet all the requirements. Many of these people have to go through the appeal process to get their Social Security benefits approved.

To protect your right to appeal, you must act immediately after you find out that the Social Security Administration disapproved your application. You only have 65 days from the date stamped on the denial letter to ask for another review of your claim.

A Social Security Administrative Law Judge conducts this review, after taking another look at all your Social Security claim information, including your application form, medical records, and additional material you submit to support your claim, and after holding a hearing at which you can present evidence to support your case.

Do not delay filing an appeal. If you miss the 65-day deadline, and decide later to seek Social Security Disability benefits, the SSA will make you go back and start the application process all over again.

Presenting Your Social Security Disability Claim at a Social Security Hearing
When you properly file an appeal before the 65-day deadline, the SSA will schedule an Administrative Law Judge hearing. Usually, it takes between 6 months to 18 months to schedule your hearing date.

The Administrative Law Judge who conducts your hearing will evaluate the following factors, to decide if you should get benefits:

• Whether or not you accumulated enough Social Security earnings, or “work credits,” to qualify for benefits.
• If not, whether or not your income and other financial resources are so limited that you may qualify for Supplemental Security Income (SSI)
• Whether or not you have an impairment that has lasted, or is expected to last, for at least 12 months, or is expected to result in death.
• The nature and extent of your impairment.
• Your ability to engage in substantial gainful activity since your impairment began.
• The date that your disability began.

If the Social Security Administration just denied your application for benefits, or if you already filed an appeal and are waiting for your hearing, take the time to contact an experienced Michigan Social Security lawyer immediately. Our Michigan Social Security law firm represents individuals at this level of appeal. We want to help you get the Social Security Disability benefits you deserve.

Question: I filed for Social Security Disability benefits and the Social Security Administration denied my claim. What do I do now?
Answer: It is not uncommon for the Social Security Administration to deny an initial application for benefits. If you get denied, you need to act immediately. You only have 65 days from the date stamped on the Social Security Administration’s letter denying your application to file an appeal and preserve your Social Security Disability claim.

Question: If the Social Security Administration approves my application for Social Security Disability benefits, what will I get?
Answer: Social Security Disability benefits may include Medicare health care insurance, individual benefits, and family benefits. Your monthly financial benefits will be based on the formula in the Social Security Act, as well as the amount that the federal government counts as your Social Security earnings from employment before you became disabled.

Question: How do I know if I am disabled for purposes of receiving Social Security Disability benefits?
Answer: According to the Social Security law, an eligible "disability" means the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than 12 months or result in death."  If you are not sure if you qualify, you should check with both your family doctor and our Michigan Social Security lawyers about a potential claim for Social Security Disability benefits.

Question: I have not worked in recent years. Could I still qualify for Social Security Disability benefits?
Answer: The Social Security Administration requires a specific amount of Social Security earnings, or "work credits," to qualify for Social Security Disability benefits. As a general rule, if you worked for 5 out of the last 10 years, you probably have enough "work credits." You certainly should contact the Social Security Administration or consult with an experienced Michigan Social Security Disability lawyer to find out whether or not you qualify.

Question: I have a serious mental or psychological condition that prevents me from working. Can I still receive Social Security Disability benefits?
Answer: According to the Social Security Act, a "disability" can be either physical or emotional, or a combination of both. The key is that a doctor finds "objective medical evidence" that you your condition prevents you from working for at least 12 months.

Question: Can I apply for Social Security Disability benefits on my own?
Answer: Yes. You can file your own application for Social Security Disability benefits, and represent yourself in all legal proceedings. However, statistics show that people with legal representation, especially on appeals, win their Social Security Disability claims much more often than those who try to represent themselves.

Question: I cannot afford to pay an attorney fee now. Can I still get legal help with an appeal of the Social Security Administration’s decision to deny my application for Social Security Disability benefits?
Answer: Yes. If you retain our law firm, there is no attorney fee, unless we convince the Social Security Administration to approve your claim for Social Security Disability benefits. If we win, our fee is defined by the Social Security Act and kept very reasonable. 

Question: I was denied Social Security Disability benefits last year, but my medical condition has gotten worse. Can I try again to get Social Security Disability benefits?
Answer: Yes. There is no limit to the number of times you may apply for Social Security Disability benefits. If you feel that you now qualify for Social Security Disability benefits, you should file another application with the Social Security Administration.

Question: If the Social Security Administration approves my Social Security Disability claim, how long will these benefits last?
Answer: You can get Social Security Disability benefits for as long as you remain disabled from employment and meet all other Social Security Administration requirements. From time to time, the Social Security Administration may review the level of your disability by sending you for a medical evaluation.

Question: My disability was brought on by alcoholism or drug addiction. Can I still qualify for Social Security Disability benefits?
Answer: Maybe. To determine whether you still have a potential Social Security Disability claim, you should consult an experienced Social Security Disability attorney. The Social Security law states that you cannot get Social Security Disability benefits, if alcoholism and/or drug addiction is a contributing factor that is material to the determination that you are disabled. However, people who used to abuse alcohol or drugs can qualify for Social Security Disability benefits, based on other unrelated and disabling health problems.

Social Security Disability Insurance Benefits (DIB) are available to disabled workers who paid enough earnings into the Social Security system. The Social Security Administration (SSA) determines if you are eligible for DIB, based on your work history during the years before you became totally disabled. As a general rule, you probably have enough work credits to qualify, if you worked for 5 out of the last 10 years.

The following factors determine eligibility for DIB:

* Whether or not you have enough work credits to qualify for disability benefits.
* Whether or not you have an impairment that has lasted, or is expected to last, for at least 12 months, or is expected to result in death.
* The nature and extent of your impairment.
* Your ability to engage in substantial gainful activity since your impairment began.
* The date your disability began.

Do I Qualify for Social Security Disability Benefits?

You must be totally disabled from employment and meet the Social Security Administration requirements for prior earnings.

As defined by the Social Security Act, a disability means:

Inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than 12 months or result in death.
Therefore, you may be eligible for Social Security Disability benefits if you can answer yes to one or more of the following questions:

* Do you have a severe physical or mental impairment that prevents you from participating in any type of gainful employment?
* Do you have a disability that prevents you from working at any job, rather than just your previous employment? Has your disability lasted, or is it expected to last, for at least one year?
* Is your disability life threatening?

The Social Security Disability Application Process

The Social Security Administration requires evidence of the extent of a disabling condition before awarding benefits. To succeed in obtaining benefits, you must have a severe impairment that is shown by “medically acceptable clinical and laboratory findings.” Unfortunately, many illnesses may completely disable an individual, but remain difficult to diagnose. In these cases, an attorney can analyze your medical records to try to find the evidence necessary to prove that you have a serious disability.

Can I apply for Social Security Benefits on my own?

Yes, you can file your own application for Social Security Disability Benefits or SSI, and represent yourself in seeking benefits. However, statistics indicate that claimants who have legal representation, especially on appeals, win their benefits much more often than those who represent themselves.

The Initial Application

You can apply for SSA benefits at a local Social Security Branch Office. To obtain the address and telephone number of your nearest Branch Office, call the SSA Hotline telephone number at 1-800-772-1213. (Deaf and hard of hearing individuals can reach SSA on its TTY number at 1-800-325-0778.)

The SSA application form requests a lot of information. In addition, the claim review process can take a long time. Some people simply give up and go away, even if they are genuinely entitled to their benefits. Often, SSA takes several weeks or months to review your initial application. Many individuals are denied at this stage, even though they meet all the requirements for benefits.

Do not be intimidated by the application process. If you are disabled, you have the right to seek benefits.

If SSA denies your application for Social Security Disability Benefits at the initial stage, you only have 65 days from the date stamped on the denial letter to appeal the decision and ask for a hearing to present your claim to an Administrative Law Judge.

The Social Security Hearing

An individual who files a proper appeal before the 65-day deadline will be scheduled for an Administrative Law Judge hearing. Usually, SSA takes between 6 months to 18 months to schedule your hearing date.

* The Administrative Law Judge who conducts your hearing will evaluate the following factors, to decide if you should get benefits: Whether or not you accumulated enough SSA earnings (work credits) to be insured for disability benefits.
* If not, whether or not you qualify under the SSI income limits.
* Whether or not you have an impairment that has lasted, or is expected to last, for at least 12 months, or is expected to result in death.
* The nature and extent of your impairment.
* Your ability to engage in substantial gainful activity since your impairment began.
* The date that your disability began.

Appeal of a Denial at the Hearing Level

If you are denied benefits at a hearing before an Administration Law Judge (ALJ), you have a right to appeal your decision further, to the Appeals Council. However, you only have 65 days from the date of the ALJ denial to file for that appeal.

Therefore we recommend that you contact a lawyer immediately, if an ALJ denied your claim. A lot is at stake when you are unable to work and wrongfully denied Social Security Disability Benefits or Supplemental Security Income (SSI). Families often depend on the income that was denied. A professional, experienced Social Security lawyer will work hard to obtain all relevant medical and employment records, review all documentation, and aggressively pursue a claim on your behalf.

At a time when the Michigan economy is declining its residents are under financial strain, those waiting on an answer about their Michigan social security benefits are feeling a heightened sense of financial and emotional pressure. The backlog of social security disability claims decisions across the country exceeds 3 years in some cases. Those with Michigan social security claims can expect to wait at least 2 years.

It is not uncommon for initial requests to be refused. Although 2/3 of those who appeal their rejection end up getting approval for social security benefits in the end. However, the time and energy involved in the appeal process can be overwhelming and many applicants give up after the first rejection. Most successful appeals have the support of a specialized social security lawyer who can assisted in gathering key medical information required to prove the case is valid. Making an appeal within 65 days of the denial date is critical to any hope of receiving benefits.

Meanwhile, bills and financial obligations continue to accumulate. Even the financially prudent find themselves at risk for bankruptcy and losing their homes before their benefits are paid. Proof of an eviction notice often brings a social security benefits case higher on the decision priority list, but by that time, it is often too late to keep the home. Some hopeful social security benefit recipients facing terminal illness don’t even live to see their benefits fulfilled.

The addition of new appeals judges promises some relief from the backlog, but comes at a price of over $100 million over and beyond the amount requested by the president to support administrative costs. Any improvement on shortening the lengthy delays will come at significant cost.

If you are facing a social security benefit claim, your best ally is knowledge. Read all you can, and get reliable answers from someone experienced with social security law.

If you are trying to get Social Security Disability benefits, our Michigan Social Security Disability attorneys
are here to offer the legal help you need.