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     <title>Texas Disability Law Blog</title>
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     <description>The disability lawyers at Morgan &amp; Weisbrod provide news and information on social security disability and veterans disability benefits in their legal blog.</description>
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<item><title><![CDATA[Dallas SSI Attorney | What to Do While Waiting for Claims Hearing]]></title><description><![CDATA[<p>According to the <a href="http://www.ssa.gov/appeals/publicusefiles.html">Social Security website</a>, the average wait times for hearings and appeals on a Dallas Social Security disability benefits case is close to a year. The wait times for Houston and San Antonio aren&#39;t much better.</p><p>So what do you do during the months you may need to wait before your case is up for a decision? Here are a few ideas.</p><ol><li><strong>Communicate with your doctors, </strong>by informing them that you have applied for disability benefits. Be sure to keep appointments and fill prescriptions to the best of your ability. If you are unable to maintain a perscribed course of treatment due to hardships related to your disability, document this as evidence for your case.</li><li><strong>Promptly report any changes</strong> in your prognosis, work status, or address to your attorney or the office where you filed your claim.</li><li><strong>Regularly check the status of your disability claim</strong> by calling the office handling your case and speaking to a disablity claims representative, or check online.</li><li><strong>You may be eligable for other benefits</strong>, such as a government assisted cell phone. Research and apply for these various benefits.</li><li><strong>Hire a </strong><a href="http://www.morganweisbrod.com/practice_areas/disability-benefits-texas-dallas-social-security-disability-attorney.cfm"><strong>Dallas Social Security Disability lawyer</strong></a> <strong>if you haven&#39;t done so already.</strong> An attorney who is experienced and knows the system will be able to guide you through the SSI and SSDI application process, which can significantly improve your odds of success.</li></ol><p>&nbsp;</p><p>Don&#39;t wait. Contact Morgan &amp; Weisbrod toll-free at 800-800-6353 to speak with a member of our compassionate team today.</p><p>Also, order a copy of our <strong>FREE</strong> book, <em>Social Security Disability: What You Need to Know</em>.</p>]]></description><link>http://www.morganweisbrod.com/blog/dallas-ssi-attorney---what-to-do-while-waiting-for-claims-hearing.cfm</link><guid isPermaLink="false">www.morganweisbrod.com-112288</guid><pubDate>Fri, 17 May 2013 00:00:00 EST</pubDate></item><item><title><![CDATA[Two Partners are sworn in as members of the Supreme Court]]></title><description><![CDATA[<p>On May 12, 2013 <a href="http://www.morganweisbrod.com/bio/paul-b-burkhalter.cfm">Paul Burkhalter </a>and <a href="http://www.morganweisbrod.com/bio/john-m-driskill.cfm">John Driskill </a>(partners of Morgan &amp; Weisbrod, L.L.P.) had the pleasure of getting sworn in as members of the U.S. Supreme Court in Washington, D.C.&nbsp; This is quite an honor for them and the firm.&nbsp; On this day, eight of the nine justices were present and three decisions were announced.&nbsp; A brief summary of the key facts of the case and key legal principles involved were read out loud by the Justice that authored each opinion.</p><p>Then Chief Justice John Roberts asked the Clerk of the Court if there was any other business to be conducted.&nbsp; A motion was read by Debbie Shifrin (President of the National Organization of Social Security Claimants Representatives (NOSSCR)) and Paul and John stood up as their names were called.&nbsp; The motion was approved by Chief Justice John Roberts and the Oath was given by the Clerk of the Court.</p><p>The Supreme Court still holds to many time-honored traditions.&nbsp; For example, the Clerk of the Court wears a formal morning coat (i.e. tails) while the Court is in session.&nbsp; and&nbsp;there are no electronic devices of any type allowed in the Court room at any time &mdash; even if the justices are not present. The justices believe that honoring such traditions helps remind them of the importance of the work they do.</p><p>The picture below shows Paul (L) and John (R) in the East Conference Room before the ceremony.&nbsp; The painting is of John Marshall, 4th Chief Justice of the Supreme Court.<br /><img alt="" src="https://dss.fosterwebmarketing.com/upload/morganweisbrod.com/photo%201%20(3).JPG" style="width: 300px; height: 402px;" /></p>]]></description><link>http://www.morganweisbrod.com/blog/two-partners-are-sworn-in-as-members-of-the-supreme-court.cfm</link><guid isPermaLink="false">www.morganweisbrod.com-112246</guid><pubDate>Thu, 16 May 2013 00:00:00 EST</pubDate></item><item><title><![CDATA[Differences Between a DRO Case Review & Hearing for Texas Veterans]]></title><description><![CDATA[<p>The Notice of Disagreement letter, or NOD, states your intention to contest the decision or ratings score reached on your application for service-connected disability benefits with the VA. As part of the NOD, you are expected to request who will handle the appeal&mdash;either the Board of Veterans Appeals (BVA) or a Decision Review Officer (DRO).</p><p>Recently, many veterans have chosen to work with a DRO at the start of the appeal process. That&#39;s because the turn-around for DRO is significantly quicker and, should the DRO return an unfavorable decision, the veteran is able to appeal the decision a second time with the BVA.</p><p>&nbsp;</p><p><strong>Two Options for DRO Appeal</strong></p><p>What you might not know about a DRO appeal is that the officer is able to handle the appeal in one of two ways, as requested by the veteran appealing his or her case.</p><ul><li><strong>A personal DRO hearing &ndash;</strong> In this scenerio, the veteran meets face to face with the DRO at the regional VA office for an informal hearing. The veteran is allowed to attend the hearing with representation. A DRO will only hold a personal hearing on a case at the veteran&#39;s request.</li><li><strong>A full DRO review of the case &ndash;</strong> Here, the DRO reviews the veteran&#39;s file and any newly submitted evidence supporting existing claims. In this &ldquo;second look&rdquo; review, the DRO makes a decision without meeting with the veteran.</li></ul><p>&nbsp;</p><p>Because there are so many variables that play affect a Texas veteran&#39;s disability benefits appeal, it&#39;s crucial that you seek guidance from someone familiar and knowledgeable with the system and laws.</p><p>If you&#39;ve recieved a denial decision or unfavorable ratings score, don&#39;t wait. Talk to a experienced <a href="http://www.morganweisbrod.com/practice_areas/dallas-veterans-disability-attorney-texas-va-disability-benefits-lawyer.cfm">Texas VA benefits lawyer</a> at Morgan &amp; Weisbrod today. Call 800-800-6353, or fill out the online contact form below.</p>]]></description><link>http://www.morganweisbrod.com/blog/differences-between-a-dro-case-review---hearing-for-texas-veterans.cfm</link><guid isPermaLink="false">www.morganweisbrod.com-111652</guid><pubDate>Fri, 10 May 2013 00:00:00 EST</pubDate></item><item><title><![CDATA[Advantages of BVA Videoconference Hearings for Texas Veterans]]></title><description><![CDATA[<p>Maybe you&#39;ve never attended a videoconference before. It&#39;s possible that, like many of us, you&#39;ve never participated in a casual video call prior to your appeal hearing. That could make the prospect of arguing your case in this format feel intimidating.</p><p>Whatever you do, don&#39;t let anxiety about technology make the decision for you. Here are several reasons why a videoconference hearing could be the best option for your case:</p><ul><li><strong>Cost &ndash; </strong>One of your alternatives to a videoconference hearing is actually traveling to the BVA offices in Washington DC. The BVA isn&#39;t able to reimburse you for any of your travel expenses, including those incurred by any expert witnesses or legal representation you may need for support during the hearing. That kind of expense is just not feasible for many Texas veterans, especially when they&#39;re fighting for sufficient service-connected disability benefits.</li><li><strong>Convenience &ndash;</strong> If you&#39;ve opted for representation and require evidence in the form of witnesses to argue your case, traveling to the District of Columbia or waiting for a veterans law judge to meet with you at your local VA office will be difficult to coordinate. You may not be able to get everyone that you need together in the same place at the same time.</li><li><strong>The Waiting Game &ndash;</strong> The hard fact is that videoconference hearings are easier to schedule. If you opt for a videoconference, there will be a shorter wait time for your hearing.</li></ul><p>&nbsp;</p><p>Be aware that every case is different and there may be circumstances when traveling to Washington DC or waiting for a veterans law judge to come to your regional VA office is a better option.</p><p>If you have questions about the appeals process, consult with an experienced <a href="http://www.morganweisbrod.com/practice_areas/dallas-veterans-disability-attorney-texas-va-disability-benefits-lawyer.cfm">Texas veterans&#39; disability lawyer</a> as soon as possible by calling 800-800-6353. We offer a free initial consultation to discuss your situation and answer any plaguing questions you have.</p>]]></description><link>http://www.morganweisbrod.com/blog/advantages-of-bva-videoconference-hearings-for-texas-veterans.cfm</link><guid isPermaLink="false">www.morganweisbrod.com-111572</guid><pubDate>Tue, 07 May 2013 00:00:00 EST</pubDate></item><item><title><![CDATA[Dallas Vets:  Don't Make This Mistake in Your NOD Appeal Letter]]></title><description><![CDATA[<p>You&#39;ve waited months, possibly a year or more, for a decision on your VA benefits claim. When the letter finally arrives, it&#39;s a denial decision or a ratings score that you don&#39;t feel accurately reflects the support you will need for your service-connected disabilities.</p><p>It&#39;s time to file a Notice of Disagreement (NOD) letter with your regional VA office, but be careful: there&#39;s a simple mistake that could limit the options you have for appeal or draw your case out unnecessarily.</p><p>&nbsp;</p><p><strong>Keeping it Simple</strong></p><p>The NOD letter serves two basic functions:</p><ol><li>It notifies the VA that you, the claimant, disagree with all the decisions made on your case.</li><li>It indicates what type of appeal you are preparing to make.</li></ol><p>&nbsp;</p><p>Of course you will want to begin arguing your case immediately, and it might seem logical that presenting examples will move the appeal process along quicker. In reality, arguing your case in the NOD or listing specific issues will create obstacles for you further down the road.</p><p>That&#39;s because it isn&#39;t possible to list every issue that you&#39;re dealing with now (or in the period between when you send the NOD and when you actually make the appeal) in the course of a brief NOD letter.</p><p>Any issue that hasn&#39;t been mentioned in the NOD will require new material evidence. This will lengthen your appeal process.</p><p>So keep your NOD appeal letter general. Simply say that you disagree with all of the decisions made on your VA benefits decision and ratings score. If you do choose to list specific issues in the initial VA decision, be sure to clearly state that this sampling of items does not represent an exhaustive list and reinforce that you disagree with every decision made on your claim.</p><p>Speaking with a <a href="http://www.morganweisbrod.com/practice_areas/dallas-veterans-disability-attorney-texas-va-disability-benefits-lawyer.cfm">Texas VA benefits attorney</a> before filing a NOD may help you avoid this and other pitfalls that could draw out your VA compensation benefits appeal. Know all your options moving forward. Don&#39;t wait. Contact the experienced team at Morgan &amp; Weisbrod today by calling 800-800-6353.</p>]]></description><link>http://www.morganweisbrod.com/blog/dallas-vets---don-t-make-this-mistake-in-your-nod-appeal-letter.cfm</link><guid isPermaLink="false">www.morganweisbrod.com-111066</guid><pubDate>Tue, 30 Apr 2013 00:00:00 EST</pubDate></item><item><title><![CDATA[Documenting Your Reasons for Failure to Comply With Treatment]]></title><description><![CDATA[<p>Though you&#39;ve sought medical help for a health condition that is making it difficult or impossible to maintain steady employment, you may have special circumstances that limit or even directly contradict your doctor&#39;s recommended treatment. Maybe you don&#39;t have insurance, or the nature of your disability makes it impossible for you to reliably follow up on recommendations.</p><p>Whatever the case, not following a prescribed course of treatment is a special circumstance in your Social Security disability claim. You must make an effort to explain why you have not followed treatment, demonstrate evidence supporting your actions, and also show every effort you have taken in dealing with your symptoms and other issues stemming from your condition. Otherwise, you may be facing a denied Social Security claim.</p><p>Your first action should be to contact the <a href="http://www.hhsc.state.tx.us/">Texas Health and Human Services Commission</a> or your county&#39;s hospital district in order to learn the options you have available before you file a claim. At the very least, going through this process will provide further evidence supporting your claim.</p><p>&nbsp;</p><p><strong>Medical Records May Not Be Enough</strong></p><p>It&#39;s also important to show every effort you&#39;ve made to find treatment or deal with symptoms resulting from your condition if you aren&#39;t complying with a recommended course of treatment. Along with information regarding all of your medical doctor appointments, diagnoses, and recommended treatments, include documentation from consultations with anyone who has examined you for aspects of your condition:</p><ul><li>Nurse practitioners</li><li>Physical therapists</li><li>Chiropractors</li><li>Clinicians</li><li>Mental health practicioners &nbsp;</li><li>Social workers</li></ul><p>&nbsp;</p><p>Alternative medicine treatments you&#39;ve used to cope with symptoms, such as:</p><ul><li>Over-the-counter medications</li><li>Assistive devices, such as braces or canes</li><li>Herbal supplements</li><li>Therapeutic exercises</li><li>Relaxation techniques</li><li>Massage</li><li>Acupuncture</li></ul><p>&nbsp;</p><p>You already know how exhausting and frustrating it is to deal with the Social Security disability application process. If you suspect you have special circumstances or have already had a claim denied, reach out to an experienced <a href="http://www.morganweisbrod.com/practice_areas/disability-benefits-texas-dallas-social-security-disability-attorney.cfm">Houston Social Security disability attorney</a> today by calling 800-800-6353.</p><p>The more knowledge you have about the application process, the more likely you are to file a successful claim. Learn more by requesting a copy of our <strong>free</strong> book, <em>Social Security Disability:&nbsp; What You Need to Know.</em></p>]]></description><link>http://www.morganweisbrod.com/blog/documenting-your-reasons-for-failure-to-comply-with-treatment.cfm</link><guid isPermaLink="false">www.morganweisbrod.com-110153</guid><pubDate>Fri, 26 Apr 2013 00:00:00 EST</pubDate></item><item><title><![CDATA[Actions to Take During a VA Disability Rating Reduction Proposal]]></title><description><![CDATA[<p>As a Texas veteran injured in the service of our country, you may have needed to fight long and hard to receive necessary financial support in the form of disability compensation benefits from the VA. You probably never expected to receive a letter from the VA demanding you prove, within 60 days, that you still need as much disability compensation as you did at the time of your initial disability rating.</p><p>&nbsp;</p><p><strong>Receiving a VA rating reduction proposal can be upsetting and frustrating.</strong></p><p>You may not know what to do upon receiving notification of a VA rating reduction proposal. You might even feel that there is a major disconnect between what the VA is saying about the current state of your health versus the challenges you face every day. How can you protect the support you need to successfully navigate life in the private sector?</p><p>The good news is that there are two extremely effective actions you can take when facing a rating reduction proposal.</p><p>First, review the reduction proposal to see if a pre-reduction examination has been scheduled. If you don&#39;t see one, contact the VA to make one as soon as possible. In some cases, the pre-reduction examination is all that will be needed to prove a reduction would not be appropriate. However, in all cases, if the veteran misses the pre-reduction examination the VA will go forward with the reduction.</p><p>Second, connect with a <a href="http://www.morganweisbrod.com/practice_areas/dallas-veterans-disability-attorney-texas-va-disability-benefits-lawyer.cfm">Houston veterans&#39; disability lawyer</a>. Finding a professional who is deeply knowledgable and experienced with the legal issues veterans face will greatly improve your chances against a disability rating reduction when it is unwarranted.</p><p>If you have received a VA rating reduction proposal, you already know that you don&#39;t have a lot of time to prove your case. Call the skilled and compassionate team at Morgan &amp; Weisbrod at 800-800-6353. Let us help relieve your stress now.</p>]]></description><link>http://www.morganweisbrod.com/blog/actions-to-take-during-a-va-disability-rating-reduction-proposal.cfm</link><guid isPermaLink="false">www.morganweisbrod.com-109766</guid><pubDate>Mon, 22 Apr 2013 00:00:00 EST</pubDate></item><item><title><![CDATA[High VA Rating May Help Texas Veterans Get Social Security Disability]]></title><description><![CDATA[<p>When it comes to disability benefits, Social Security and the Veterans&rsquo; Benefits Administration are separate systems with very different application and approval processes. However, veterans who have scored a high disability rating with the VA will find that it is easier to attain disability benefits from Social Security.</p><p>&nbsp;</p><p><strong>Working With the VA Disability Rating Scale</strong></p><p>As you may already know, a veteran doesn&rsquo;t need to be totally disabled to receive compensation from the VA. Once a veteran has demonstrated that he has a service-connected disability, he is given a VA disability rating on a scale of 0 to 100%.</p><p>A 100% rating means the veteran will be unable to maintain any employment due to the service-connected disability, while a 0% score documents a disability issue that may limit employment options in the future. Veterans may receive compensation for disability ratings as low as 10%.</p><p>Veterans with disabilities rated 70% or higher by the VA are often more successful in filing a Social Security disability claim. That&#39;s because like Social Security, the VA is a federal agency that has established independently that a veteran is extremely limited in his ability to perform full-time work if he is able to work at all. The findings of the VA system will typically translate well into the evidence needed for Social Security disability benefits.</p><p>Since all of the disabilities factoring into a veteran&#39;s claim may not be service-connected, it isn&#39;t necessarily the case that receiving Social Security disability benefits will raise the odds of a successful claim with the VA. It&#39;s still crucial for the VA to review any existing SSD records as part of its decision process.</p><p>Disability compensation is vitally important to the continuing well-being of qualifying veterans. Unfortunately, the process of securing benefits can be extremely frustrating. Schedule a free consultation with a <a href="http://www.morganweisbrod.com/practice_areas/dallas-veterans-disability-attorney-texas-va-disability-benefits-lawyer.cfm">Texas veterans&#39; disability lawyer</a> today by calling 800-800-6353. Be sure to ask for a free copy of our guide, <em>Social Security Disability:&nbsp; What You Need to&nbsp; Know</em>.</p>]]></description><link>http://www.morganweisbrod.com/blog/high-va-rating-may-help-texas-veterans-get-social-security-disability.cfm</link><guid isPermaLink="false">www.morganweisbrod.com-109761</guid><pubDate>Fri, 19 Apr 2013 00:00:00 EST</pubDate></item><item><title><![CDATA[Social Security Disability | Concerns on Affording Medical Treatment]]></title><description><![CDATA[<p>If you are seeking Social Security Disability benefits, you are telling the United States government that you have a health concern&mdash;a disabling condition. But, if you don&rsquo;t have doctor records to support your claim, the government may not believe that you are truly disabled. That&rsquo;s why it&rsquo;s crucial for Social Security Disability benefit claimants to receive medical treatment for their disabling conditions.</p><p>But this presents a problem for a lot of clients. Many of them are struggling to pay their existing bills. They cannot afford to pay a doctor&rsquo;s consultation fee, let alone the costs associated with laboratory work and tests. What should these people do?</p><p>Fortunately, there are options for receiving free or reduced-price medical treatment. The Social Security Disability attorneys at Morgan &amp; Weisbrod, LLP, know about helpful resources. The experienced lawyers with clients to see that they get access to needed healthcare treatments. For example, counties provide medical care for indigent people. Some clinics may also provide free or low-cost medical care. And, some agencies assist people who cannot pay their medical bills.</p><p>If you would like to discuss the possibility of receiving <a href="http://www.morganweisbrod.com/practice_areas/disability-benefits-texas-dallas-social-security-disability-attorney.cfm">Social Security Disability benefits</a>, contact the Texas disability benefit lawyers at Morgan &amp; Weisbrod, LLP. You may fill out an online form, or call us at 800-800-6353. We will meet with you for a consultation. Or, if you prefer, we can send you a free copy of our book, <em>Social Security Disability: What You Need To Know</em>.</p>]]></description><link>http://www.morganweisbrod.com/blog/social-security-disability---concerns-on-affording-medical-treatment.cfm</link><guid isPermaLink="false">www.morganweisbrod.com-109715</guid><pubDate>Mon, 15 Apr 2013 00:00:00 EST</pubDate></item><item><title><![CDATA[Social Security Disability Commissioners Respond to NPR Series on Disability]]></title><description><![CDATA[<p>You may have heard some pretty negative press recently about the Social Security Disability program, and particularly, about the people who file for disability benefits and their representatives.&nbsp; The problem arose after National Public Radio, (also known as &ldquo;NPR&rdquo;) aired a week-long series by one of their reporters that painted a very poor picture of social security claimants and the entire social security disability program. But the story was fraught with misleading and inaccurate information; &nbsp;so much so that all EIGHT past Commissioners of the Social Security Administration immediately signed and submitted an &ldquo;open letter&rdquo; to NPR, chastising the misrepresentations that were made by that reporter. Read their letter here:</p><p>April 4, 2013&nbsp;&nbsp;<br /><strong>An Open Letter from Former Commissioners of the Social Security Administration</strong><br />As former Commissioners of the Social Security Administration (SSA), we write to express our significant concerns regarding a series recently aired on This American Life, All Things Considered, and National Public Radio stations across the U.S. (&quot;Unfit for Work: The Startling Rise of Disability in America&quot;).&nbsp; Our nation&rsquo;s Social Security system serves as a vital lifeline for millions of individuals with severe disabilities.&nbsp; We feel compelled to share our unique insight into the Social Security system because we know firsthand the dangers of mischaracterizing the disability programs via sensational, anecdote-based media accounts, leaving vulnerable beneficiaries to pick up the pieces.</p><p>Approximately 1 in 5 of our fellow Americans live with disabilities, but only those with the most significant disabilities qualify for disability benefits under Title II and Title XVI of the Social Security Act. Title II Old Age, Survivors, and Disability Insurance (DI) benefits and Title XVI Supplemental Security Income (SSI) benefits provide critical support to millions of Americans with the most severe disabilities, as well as their dependents and survivors.&nbsp; Disabled beneficiaries often report multiple impairments, and many have such poor health that they are terminally ill: about 1 in 5 male DI beneficiaries and 1 in 7 female DI beneficiaries die within 5 years of receiving benefits.&nbsp; Despite their impairments, many beneficiaries attempt work using the work incentives under the Social Security Act, and some do work part-time. For example, research by Mathematica and SSA finds that about 17 percent of beneficiaries worked in 2007.&nbsp; However, their earnings are generally very low (two-thirds of those who worked in 2007 earned less than $5,000 for the whole year), and only a small share are able to earn enough to be self-sufficient and leave the DI and SSI programs each year.&nbsp; Without Social Security or SSI, the alternatives for many beneficiaries are simply unthinkable.</p><p>The statutory standard for approval is very strict, and was made even more so in 1996.&nbsp; To implement this strict standard, Social Security Administration (SSA) regulations, policies, and procedures require extensive documentation and medical evidence at all levels of the application process.&nbsp; Less than one-third of initial DI and SSI applications are approved, and only about 40 percent of adult DI and SSI applicants receive benefits even after all levels of appeal.&nbsp; As with adults, most children who apply are denied SSI, and only the most severely impaired qualify for benefits.</p><p>Managing the eligibility process for the disability system is a challenging task, and errors will always occur in any system of this size.&nbsp; But the SSA makes every effort to pay benefits to the right person in the right amount at the right time.&nbsp; When an individual applies for one of SSA&rsquo;s disability programs, the agency has extensive systems in place to ensure accurate decisions, and the agency is home to many dedicated public servants who take their ongoing responsibility of the proper stewardship of the programs very seriously.&nbsp; Program integrity is critically important and adequate funds must be available to make continued progress in quality assurance and monitoring.&nbsp; In the face of annual appropriations that were far below what the President requested in Fiscal Year 2011 and Fiscal Year 2012, the agency has still continued to implement many new system improvements that protect taxpayers and live up to Americans&rsquo; commitment to protect the most vulnerable in our society.</p><p>It is true that DI has grown significantly in the past 30 years.&nbsp; The growth that we&rsquo;ve seen was predicted by actuaries as early as 1994 and is mostly the result of two factors: baby boomers entering their high-disability years, and women entering the workforce in large numbers in the 1970s and 1980s so that more are now &quot;insured&quot; for DI based on their own prior contributions.&nbsp; The increase in the number of children receiving SSI benefits in the past decade is similarly explained by larger economic factors, namely the increase in the number of poor and low-income children.&nbsp; More than 1 in 5 U.S. children live in poverty today and some 44 percent live in low-income households.&nbsp; Since SSI is a means-tested program, more poor and low-income children mean more children with disabilities are financially eligible for benefits. Importantly, the share of low-income children who receive SSI benefits has remained constant at less than four percent.</p><p>Yet, the series aired on NPR sensationalizes this growth, as well as the DI trust fund&rsquo;s projected shortfall. History tells a less dramatic story.&nbsp; Since Social Security was enacted, Congress has &quot;reallocated&quot; payroll tax revenues across the OASI and DI trust funds &ndash; about equally in both directions &ndash; some 11 times to account for demographic shifts. In 1994, the last time such reallocation occurred, SSA actuaries projected that similar action would next be required in 2016.&nbsp; They were right on target.</p><p>We are deeply concerned that the series &ldquo;Unfit for Work&rdquo; failed to tell the whole story and perpetuated dangerous myths about the Social Security disability programs and the people helped by this vital system.&nbsp; We fear that listeners may come away with an incorrect impression of the program&mdash;as opposed to an understanding of the program actually based on facts.</p><p>As former Commissioners of the agency, we could not sit on the sidelines and witness this one perspective on the disability programs threaten to pull the rug out from under millions of people with severe disabilities.&nbsp; Drastic changes to these programs would lead to drastic consequences for some of America&#39;s most vulnerable people.&nbsp; With the lives of so many vulnerable people at stake, it is vital that future reporting on the DI and SSI programs look at all parts of this important issue and take a balanced, careful look at how to preserve and strengthen these vital parts of our nation&rsquo;s Social Security system.<br />&nbsp;<br />Sincerely,</p><p><br />Kenneth S. Apfel<br />Michael J. Astrue<br />Jo Anne B. Barnhart<br />Shirley S. Chater<br />Herbert R. Doggette<br />Louis D. Enoff<br />Larry G. Massanari<br />Lawrence H. Thompson</p><p>&nbsp;</p><p>&nbsp;</p><p>&nbsp;</p>]]></description><link>http://www.morganweisbrod.com/blog/social-security-disability-commissioners-respond-to-npr-series-on-disability.cfm</link><guid isPermaLink="false">www.morganweisbrod.com-109596</guid><pubDate>Wed, 10 Apr 2013 00:00:00 EST</pubDate></item><item><title><![CDATA[Dallas Veterans' Disability Benefits Attorney Highlights Documentary]]></title><description><![CDATA[<p class="p1">At our law firm, we handle claims for disabled veterans. We help them receive the benefits they are entitled to receive because of service-related injuries or illnesses. As a result, we stay up to date on legal developments that impact our clients and on other matters that they may be interested in. That&rsquo;s why we&rsquo;d like to highlight a new documentary,<span class="s1"> </span><i>Service: When Women Come Marching Home.&nbsp;</i></p><p class="p1">The Disabled American Veterans, a non-profit charity dedicated to building better lives for America&rsquo;s disabled veterans and their families, sponsored a Capitol Hill screening of this film last summer. The screening was followed by a question-and-answer period with the film directors and six of the women veterans featured in the film. The screening was well attended by legislative aides, officials, and veterans.</p><p class="p1">Now, the film directors have been awarded a grant from Disabled American Veterans&rsquo; National Service Foundation to underwrite national PBS broadcasts of the film and to sponsor approximately ten film screenings across the country. You can find your local PBS air date and more information on the film&rsquo;s website.</p><p class="p1">The film follows eight women veterans who struggled with their transition back to civilian life after serving in the military. The film covers homelessness, post-traumatic stress disorder, military sexual trauma, service dogs, amputations, and traumatic brain injury. Unfortunately, far too many veterans returning to civilian life face similar concerns.</p><p class="p1">To discuss a veterans&rsquo; disability matter with our <a href="http://www.morganweisbrod.com/practice_areas/dallas-veterans-disability-attorney-texas-va-disability-benefits-lawyer.cfm">T<span class="s2">exas veterans&rsquo; disability lawyers</span></a>, contact us. Fill out an online form, or call us at 800-800-6353.</p>]]></description><link>http://www.morganweisbrod.com/blog/dallas-veterans--disability-benefits-attorney-highlights-documentary.cfm</link><guid isPermaLink="false">www.morganweisbrod.com-108305</guid><pubDate>Fri, 29 Mar 2013 00:00:00 EST</pubDate></item><item><title><![CDATA[Dallas Social Security Disability Attorney Warns about "Phishing"]]></title><description><![CDATA[<p class="p1">The Social Security Administration now allows Americans to create and monitor online accounts called &ldquo;my Social Security.&rdquo; This service helps Social Security Disability benefit recipients because it allows them to update their addresses or payment information without traveling to a field office.</p><p class="p1">But you should be warned that some Americans have received fraudulent &ldquo;phishing&rdquo; emails, encouraging them to create a &ldquo;my Social Security&rdquo; account. The email is not from the Social Security Administration; it is from a scammer.&nbsp;</p><p class="p1">If you receive an email like that, do not click on the links contained within the email. Instead, forward the email to the United States Computer Emergency Readiness Team.</p><p class="p1">Here&rsquo;s how you can detect a fraudulent email message:</p><ul><li class="p1">No email from the Social Security Administration will be sent from an email address associated with private companies such as Yahoo, Hotmail, Gmail, or AOL.</li><li class="p1">An email from a scammer may contain poor word choice, phrasing, spelling, or extra words that are not needed.</li><li class="p1">Links to Social Security websites will always begin with <a href="http://www.socialsecurity.gov/">http://www.socialsecurity.gov/</a> or&nbsp;<a href="https://secure.ssa.gov/"><span class="s1">https://secure.ssa.gov/</span></a>. The slash after &ldquo;.gov&rdquo; is important because it shows that the website is a government-run website. You should not trust a link that has &ldquo;.gov&rdquo; within the text and does not have a slash afterwards. For example, do not trust this: http://www.socialsecurity.gov.bx.co.rx/setup.&nbsp;</li></ul><p class="p1">To discuss a&nbsp;<a href="http://www.morganweisbrod.com/practice_areas/disability-benefits-texas-dallas-social-security-disability-attorney.cfm"><span class="s1">Social Security Disability matter</span></a> with our Texas disability lawyers, contact us. Fill out an online form, or call us at 800-800-6353. If you&rsquo;re interested, we can send you a free copy of our book, <i>Social Security Disability: What You Need To Know.</i></p>]]></description><link>http://www.morganweisbrod.com/blog/dallas-social-security-disability-attorney-warns-about--phishing-.cfm</link><guid isPermaLink="false">www.morganweisbrod.com-108304</guid><pubDate>Mon, 25 Mar 2013 00:00:00 EST</pubDate></item><item><title><![CDATA[Attorneys Shouldn't Make These Mistakes When Cross-Examining Experts]]></title><description><![CDATA[<p class="p1">The importance of effectively cross-examining an expert witness in a Social Security Disability case can&rsquo;t be underestimated. At the hearing, the decision-maker will often hear testimony from a medical expert and/or a vocational expert. After this testimony, the expert will be cross-examined by the individual&rsquo;s lawyer. An ineffective cross-examination can ruin a person&rsquo;s chances of getting disability benefits. That&rsquo;s why we remind ourselves to avoid three big mistakes.</p><p class="p1">Here are three big mistakes we&rsquo;ve seen.</p><ol><li class="p1"><b>Lack of preparation.</b> You cannot &ldquo;wing&rdquo; the cross-examination of an expert. You must prepare for it by reviewing medical documents, case records, and other information. You also need to develop a plan for how you want the cross-examination to go. This doesn&rsquo;t mean you can&rsquo;t veer from the plan if the expert witness gives you the opportunity to make a good move. But a plan helps you make sure that you cover all the key points.</li><li class="p1"><b>Lack of control.</b> An effective attorney asks leading questions and controls the witness&rsquo;s answers. The attorney doesn&rsquo;t get rattled when the witness does something unexpected, and the attorney doesn&rsquo;t argue with the witness. Instead, the attorney remains cool, calm, and in control.</li><li class="p1"><b>Lack of patience.</b> Sometimes it takes a while to set the foundation for a cross-examination. An effective attorney takes the time to lay this foundation. Rushing can hurt the client&rsquo;s case.</li></ol><p class="p1">To discuss a&nbsp;<a href="http://www.morganweisbrod.com/practice_areas/disability-benefits-texas-dallas-social-security-disability-attorney.cfm"><span class="s1">Social Security Disability matter</span></a> with our Texas disability lawyers, contact us for more information. Fill out an online form or call us at 800-800-6353.</p>]]></description><link>http://www.morganweisbrod.com/blog/attorneys-shouldn-t-make-these-mistakes-when-cross-examining-experts.cfm</link><guid isPermaLink="false">www.morganweisbrod.com-107702</guid><pubDate>Fri, 22 Mar 2013 00:00:00 EST</pubDate></item><item><title><![CDATA[Do I Need Evidence of an Intellectual Disability from My Childhood?]]></title><description><![CDATA[<p class="p1">&ldquo;I&rsquo;m trying to help my little sister get Social Security Disability benefits on account of her intellectual disability. She&rsquo;s 28. I&rsquo;ve been told that we have to show she was &lsquo;mentally retarded&rsquo; before the age of 22. But, we have no records from her childhood! Is this a problem?&rdquo;</p><p class="p1">Probably not. Here&rsquo;s why.</p><p class="p1">To receive disability benefits based on a person&rsquo;s intellectual disability (or mental retardation), you must show that the person has significantly subaverage general intellectual functioning with deficits in adaptive functioning that initially manifested during the developmental period, or before age 22.</p><p class="p1">Proving that the intellectual disability existed before a person turned 22 can be difficult. Many people do not take formal intelligence quotient tests during childhood. Others may have been tested but have no idea how or where to locate those records. Fortunately, this isn&rsquo;t a deterrent to receiving benefits.</p><p class="p1">Scores from intelligence quotient testing performed after a person turned 22 may be used to establish the person&rsquo;s intelligence quotient prior to the age of 22. Intelligence quotient scores typically remain stable throughout a person&rsquo;s life, unless the person suffers traumatic brain trauma. Therefore, without evidence of a change <span class="GRcorrect" grcontextid="to:0" grmarkguid="1d789839-0987-4b2d-adc5-f54f700984d5" gruiphraseguid="cdcb6536-db6c-4a83-9b5e-a7630d1ddb21">to</span> a person&rsquo;s intellectual functioning, people may rely on current scores to establish their intelligence quotient prior to the age of 22.&nbsp;</p><p class="p1"><a href="http://www.morganweisbrod.com/practice_areas/disability-benefits-texas-dallas-social-security-disability-attorney.cfm"><span class="s1">Social Security Disability benefits</span></a> may be an option for you. Contact the Texas disability lawyers at Morgan &amp; Weisbrod, LLP for more information. Fill out an online form or call us at 800-800-6353.</p>]]></description><link>http://www.morganweisbrod.com/blog/do-i-need-evidence-of-an-intellectual-disability-from-my-childhood-.cfm</link><guid isPermaLink="false">www.morganweisbrod.com-107701</guid><pubDate>Tue, 19 Mar 2013 00:00:00 EST</pubDate></item><item><title><![CDATA[SSA Proposes a New Term for "Mental Retardation"]]></title><description><![CDATA[<p class="p1">A recent article highlighted the Social Security Administration&rsquo;s proposal to begin using the term &ldquo;intellectual disability&rdquo; instead of the term &ldquo;mental retardation.&rdquo;<span class="s1"> </span>Under federal guidelines, people who are intellectually disabled may receive Social Security Disability benefits if they meet certain requirements.&nbsp;</p><p class="p1">Two years ago, Congress required the language switch in all federal health, education, and labor policies. The change was mandated by Rosa&rsquo;s Law. While the Social Security Administration was not required to make the change, officials said they wanted to follow the lawmakers&rsquo; lead. The Administration recognized that the term &ldquo;mental retardation&rdquo; has negative connotations and offends many people.&nbsp;</p><p class="p1">Following publication, a 30-day public comment period was held. At the comment period&rsquo;s conclusion, officials may move forward with the terminology change. The Administration would update all references to &ldquo;mental retardation&rdquo; and &ldquo;mentally retarded children&rdquo; with &ldquo;intellectual disability&rdquo; and &ldquo;children with intellectual disability&rdquo; within <span class="GRcorrect" grcontextid="Social Security's Listing:0" grmarkguid="f62f0d55-9219-42a9-9454-8a69f741609c" gruiphraseguid="b6a3d58d-29da-4d21-ab12-f06d9ac71ecf">Social Security&rsquo;s Listing</span> of Impairments and other rules.</p><p class="p1">The Administration proposed a similar change once before. In 2010, the Administration issued a proposed rule that would have updated the eligibility criteria for those with mental disorders. Within the proposal, officials indicated an intention to replace references to &ldquo;mental retardation&rdquo; with &ldquo;intellectual disability/mental retardation.&rdquo; No further action was taken on the 2010 proposal.</p><p class="p1">If you believe that you or a loved one might qualify for&nbsp;<a href="http://www.morganweisbrod.com/practice_areas/disability-benefits-texas-dallas-social-security-disability-attorney.cfm"><span class="s2">Social Security Disability benefits</span></a>, you may wish to speak to the Texas disability benefit lawyers at Morgan &amp; Weisbrod, LLP. You may fill out an online form or call us at 800-800-6353.</p>]]></description><link>http://www.morganweisbrod.com/blog/ssa-proposes-a-new-term-for--mental-retardation-.cfm</link><guid isPermaLink="false">www.morganweisbrod.com-107700</guid><pubDate>Fri, 15 Mar 2013 00:00:00 EST</pubDate></item><item><title><![CDATA[Credibility is King!]]></title><description><![CDATA[<p><strong>Credibility is King!</strong><br />A key ingredient to winning disability claims is whether the judge believes your testimony.&nbsp; I know that seems obvious, but it&rsquo;s true.&nbsp; I am not sure I have ever had a &ldquo;perfect&rdquo; case.&nbsp; Every case has some inconsistency.&nbsp; One test comes back normal, but the next test shows a severe problem.&nbsp; During one exam you described severe, debilitating pain, and in the next examination you told the doctor you&rsquo;re &ldquo;ok&rdquo;.&nbsp; So what makes the difference?&nbsp; Credibility.</p><p>The reason we have a hearing, the reason you testify, is so the judge understands that you are a real person. A living, breathing person with a real condition that keeps you from working.&nbsp; After you cut through all the tests, examinations, records, etc., it usually just boils down to whether the judge believes you.</p><p>When you testify, be ready to look the judge in the eye and discuss your limitations or the severity of your pain.&nbsp; You want the judge to &ldquo;see&rdquo; the pain on your face. To &ldquo;hear&rdquo; the distress in your voice.</p><p>Many clients try so hard not to cry. Wrong answer!&nbsp; The correct frame of mind is to be yourself.&nbsp; If you try not to cry you are not being honest with yourself or the judge.</p><p>Remember it&rsquo;s about credibility.&nbsp; Credibility is king.</p><p><br />&nbsp;</p>]]></description><link>http://www.morganweisbrod.com/blog/credibility-is-king-.cfm</link><guid isPermaLink="false">www.morganweisbrod.com-107271</guid><pubDate>Fri, 08 Mar 2013 00:00:00 EST</pubDate></item><item><title><![CDATA[Document your attempts to get medical treatment]]></title><description><![CDATA[<p>Due to budgetary cutbacks and a general underfunding of indigent medical services, more claimants come to the disability process without current treatment for their impairments. We have previously discussed the availability of indigent care in Texas Counties. But individuals&mdash;due to various reasons&mdash;may not qualify for assistance. What do you do?</p><p>Document the denial: Never accept an oral notification of denial of services. The best practice is to submit an application and receive a written denial of services. This may not always be possible because some agencies pre-screen eligibility by telephone. At a minimum&mdash;write down where you called, the name of person with whom you spoke, the date of the conversation, and the reasons given for denying assistance.</p><p>If you have access to a physician, but you cannot afford recommended treatment, have your doctor write down the suggested treatment, the steps taken to obtain the treatment at low cost, and why it was denied. Ask for a copy of the statement; do not assume the doctor will place the information in your file.</p><p>Remember the closest services may be in the next county: Some agencies cover multiple counties and may not have an office where you live. This is particularly true with mental health care. Also, while a treatment center may be in your county, the administrative offices may not. Call the local office and ask where you may apply for services.</p><p>Ask for specialists: If you are admitted to a program, ask what happens if you need a specialist that is not located in your county. Under the Texas indigent care program, if your county does not provide certain types of specialists (for example, a cardiologist or oncologist), you may be able to receive services at a Regional Hospital at the county&rsquo;s expense. If this is not available, please have it put in writing.</p><p>Apply for prescription assistance: While most pharmacies now offer low cost ($4/$10) prescriptions, even this gets expensive when you have multiple medications. And many medications are omitted from the list. Almost all prescription drug manufacturers have programs to offer their medications at little or even no cost. But you must apply, usually with the assistance of your physician. Again, it is necessary to document this process. Ask for a copy of the submitted application and ask for written confirmation of its approval or denial.</p><p>These steps may seem onerous, but in the current environment of higher denials from Administrative Law Judges, they are necessary and will help prove you have done everything you can to treat your disabilities.&nbsp; Let the experts at <a href="http://www.morganweisbrod.com">Morgan &amp; Weisbrod </a>give you more helpful advice on how to talk to your doctor about your impairments and how to diminish the drawbacks of sparse medical treatment records.</p>]]></description><link>http://www.morganweisbrod.com/blog/document-your-attempts-to-get-medical-treatment.cfm</link><guid isPermaLink="false">www.morganweisbrod.com-107133</guid><pubDate>Tue, 05 Mar 2013 00:00:00 EST</pubDate></item><item><title><![CDATA[Ischemic Heart Disease Linked to Agent Orange Exposure]]></title><description><![CDATA[<p>Ischemic heart disease or coronary artery disease affects more than five million Americans. Ischemic heart disease occurs when plaque gradually builds up in the arteries and causes a reduction in the flow of blood to the heart. This starves the heart of oxygen and causes angina, or chest pain. Ischemic heart disease is a leading cause of heart attacks and is the most common cause of death in the United States.</p><p>&nbsp;</p><p>If you are a Vietnam era veteran and are suffering from ischemic heart disease, you may be eligible for benefits from the Veteran&rsquo;s Administration.&nbsp; In 2009, the VA recognized that exposure to Agent Orange increases the risk of ischemic heart disease. Veterans who were exposed to Agent Orange or other herbicides during their military service may be eligible to receive VA disability compensationand health care services for ischemic heart disease without having to prove a connection between their disease and their military service. These veterans may use the VA&#39;s Fast Track Claims Processing System when applying for benefits.</p><p>&nbsp;</p><p>Unfortunately, many veterans who are eligible for benefits are wrongly denied or are given a lower disability rating than they deserve. If you were denied VA benefits for ischemic heart disease, it is a good idea to contact a <a href="http://www.morganweisbrod.com/practice_areas/dallas-veterans-disability-attorney-texas-va-disability-benefits-lawyer.cfm">Dallas veteran&rsquo;s benefits attorney</a>. An experienced lawyer will help you file an appeal so you can get the benefits you deserve. To schedule a free consultation, contact Morgan &amp;Weisbrod at 800-800-6353.</p><p>&nbsp;</p><p>Veterans who are suffering from ischemic heart disease may also be eligible for Social Security disability benefits (SSDI).&nbsp; Our Dallas disability lawyers can help with your Social Security application as well.</p>]]></description><link>http://www.morganweisbrod.com/blog/ischemic-heart-disease-linked-to-agent-orange-exposure.cfm</link><guid isPermaLink="false">www.morganweisbrod.com-105464</guid><pubDate>Thu, 28 Feb 2013 00:00:00 EST</pubDate></item><item><title><![CDATA[Ways for Paralyzed Veterans to Stay Active]]></title><description><![CDATA[<p>While veterans can suffer from a variety of disabilities like post traumatic stress disorder (PTSD) or traumatic brain injuries, one of the most frustrating can be paralysis from spinal cord injuries. One minute you are a strong soldier serving your country, and the next you are wheelchair bound for the rest of your life. Along with the physical pain comes mental anguish&mdash;you&#39;ve been walking for your entire life and now you&#39;re going to have to figure out how to live without the use of your legs. Paralyzed veterans can easily slip into depression and stop paying attention to their health, but it is so important to stay as active and fit as possible.</p><p>&nbsp;</p><p>When you&#39;re in a wheelchair, it doesn&#39;t mean you can&#39;t workout anymore; it simply means you need to find new ways to stay healthy since running on a treadmill isn&#39;t really an option anymore. If you visit the Paralyzed Veterans of America&#39;s website, they have many sports teams you can join. In addition to having fun and being active, you can also meet other paralyzed veterans who are just like you. Many veterans in wheelchairs like to:</p><ul><li>Play pool</li><li>Go bowling</li><li>Enjoy fishing</li><li>Take part in shooting sports</li><li>Go kayaking</li><li>Compete in wheelchair or handcycle races</li><li>Play basketball</li></ul><p>&nbsp;</p><p>If you are especially competitive, the National Veterans Wheelchair Games are held each year, and you can compete in one or many different sports. The games usually include 9-Ball, air guns, archery, basketball, boccia, bowling, handcycling, field events, motor rally, power soccer, quad rugby, slalom, softball, swimming, table tennis, track, trapshooting and weightlifting.</p><p>&nbsp;</p><p>Don&#39;t let your disability stop you from enjoying life! It&#39;s also important for you to get in touch with a <a href="http://www.morganweisbrod.com/practice_areas/dallas-veterans-disability-attorney-texas-va-disability-benefits-lawyer.cfm">Dallas veterans&#39; benefits lawyer</a> who can help you obtain the benefits you deserve. Contact Morgan &amp;Weisbrod today for a free consultation at 1-800-800-6353.</p>]]></description><link>http://www.morganweisbrod.com/blog/ways-for-paralyzed-veterans-to-stay-active.cfm</link><guid isPermaLink="false">www.morganweisbrod.com-105463</guid><pubDate>Wed, 27 Feb 2013 00:00:00 EST</pubDate></item><item><title><![CDATA[Social Security Disability Claim Denied in Texas? All is Not Lost!]]></title><description><![CDATA[<p>Losing a <a href="http://www.morganweisbrod.com/practice_areas/disability-benefits-texas-dallas-social-security-disability-attorney.cfm">Social Security disability claim</a> or a claim for Supplemental Security Income can be a heavy blow, particularly if you&#39;re desperate for financial aid, and you&#39;re genuinely disabled and sick.</p><p>&nbsp;</p><p>Claim denials happen all the time. In fact, the Social Security Administration rejects approximately 66% of all disability claims. No judge is omniscient. This system contains mechanisms to help wrongfully denied claimants appeal their cases.</p><p>&nbsp;</p><p>Before you jump to the next step, however, <strong>take time to understand <em>why </em>the SSA rejected your claim</strong>. Perhaps you did not include proper records or didn&rsquo;t follow the instructions correctly in your paperwork. Maybe the case you built failed to &quot;hold water.&quot;</p><p>&nbsp;</p><p>In most cases, you will have 60 days to appeal the decision. <strong>You want to file quickly</strong><em>,</em> so that you can get through the appeals process faster.</p><p>&nbsp;</p><p><strong>Avoid reapplying from the beginning</strong> -- that&rsquo;s a common mistake. Instead, go forward with the appeal.</p><p>&nbsp;</p><p>Lastly, and most importantly<strong>, get in touch with a Texas Social Security Disability lawyer</strong> to help you with this process. Even if you were totally healthy and mentally sharp, you&#39;d likely find elements of the claims process confusing and frustrating. Given your compromised circumstances&mdash;medically, financially, emotionally&mdash;you owe it to yourself to outsource this important work to a team that has experience helping people succeed with their benefits.</p><p>&nbsp;</p><p>Connect with Morgan &amp; Weisbrod today at 800-800-6353, or download our free report, <em>Social Security Disability: What You Need to Know</em>, to educate yourself about the process.</p>]]></description><link>http://www.morganweisbrod.com/blog/social-security-disability-claim-denied-in-texas--all-is-not-lost-.cfm</link><guid isPermaLink="false">www.morganweisbrod.com-105462</guid><pubDate>Wed, 27 Feb 2013 00:00:00 EST</pubDate></item>
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