Texas Disability Law Blog

Dallas Veterans' Disability Attorney: Two Changes on the Horizon

Wed, 22 Feb 2012 08:00:00 EST

The United States Department of Veterans Affairs has a lofty goal for the future: get all veterans’ disability claims processed within 125 days and with 98 percent accuracy in three years. With the steady increase in disability claims caused by the aging Baby Boomer population and more disabled vets returning from the conflicts in Iraq and Afghanistan, this is a challenging proposition, but one for which VA Secretary Eric Shinseki has a plan.

VA officials outlined their proposed reforms in front of the U.S. House veteran affairs’ subcommittee on disability assistance earlier this month. They involve two major future changes:

A switch to online electronic claims processing. In the future, veterans would apply for benefits through the VONAPP Direct Connect (VDC) website and would spend under an hour filling out electronic forms. This new system would hopefully cut out months of lag time.
A revision of the Disability Rating system. The current rating system has not been overhauled since World War II. The revision would add new illnesses, update information to include advances in medical science and make the system generally more equitable.

The VA hopes that the combination of these two reforms will make veterans’ disability benefits faster and fairer.

How will these new changes affect your own veterans’ disability claim? Speak to a Dallas veterans’ disability attorney at Morgan & Weisbrod for all of the answers to your disability application questions. Call us today at 800-800-6353 to schedule a free, confidential meeting.

What is a "Date Last Insured" (DLI)?

Tue, 21 Feb 2012 08:00:00 EST

What is a Date Last Insured (or “DLI”)?
By Carolyn J. Shulman, Esq.

If you have applied for Social Security Disability Insurance Benefits under Title II of the Social Security Act, you may have heard the phrase “Date Last Insured” or “DLI,” as it is abbreviated, and wondered what it meant.

As you may already know, there are two types of Social Security disability benefits: (1) Supplemental Security Income benefits (abbreviated “SSI”) under Title XVI of the Social Security Act and (2) Disability Insurance Benefits (often abbreviated “DIB” or “SSDI”) under Title II of the Act. SSI benefits are a type of welfare benefit, for individuals who are not only disabled, but who are also financially eligible. Because the DLI does not really pertain to SSI benefits, this blog focuses on Disability Insurance Benefits (“DIB”).
Title II Disability Insurance Benefits are the type of benefits you can become eligible for when you have worked and paid FICA taxes into Social Security. Those FICA taxes function for wage-earners in much the same way that an insurance premium works. This is where the DLI comes into play.
When you pay FICA taxes into Social Security, you are paying towards coverage under the Social Security disability insurance and retirement programs, similar to paying premiums on an insurance policy. In order to be considered “insured” for Social Security disability insurance purposes, you have to have worked and paid FICA taxes for 20 out of the last 40 quarters (or 5 out of the last 10 years). If FICA taxes have been paid on your wage account for 20 out of the last 40 quarters, you will be “insured” and thus eligible for Social Security Disability Insurance Benefits should you become disabled.

However, your coverage for disability purposes expires after you stop working and therefore stop paying your FICA taxes. This is similar to when you stop paying premiums on a private insurance policy, and the policy therefore expires. One difference, however, is that for Social Security disability purposes, you will remain covered for approximately five years after you stop paying your FICA taxes. So, for example, if you have not worked since December 31, 2005, your Date Last Insured would probably be December 31, 2010 (about 5 years after you stopped working). As such, you would have to prove that your disability began BEFORE December 31, 2010 (your Date Last Insured, or “DLI”). So in this example, if you became disabled when you stopped working in December 2005, you would be insured because your disability began prior to your DLI. However, if your disability did not begin until January 1, 2011, which falls after the DLI, you would not be eligible for Disability Insurance Benefits.
Another important thing to note is that if the Social Security Administration finds that you became disabled before your DLI and begins paying you disability benefits, your benefits will not suddenly stop being paid on your Date Last Insured. The DLI is simply the date before which you must be found disabled in order to be eligible for DIB benefits. For further information about DLI and other questions you may have about applying for Social Security disability benefits, please contact the attorneys of Morgan & Weisbrod, experts in the field of Social Security disability law.

Texas Disability Lawyer Talks Substance Abuse & Disability Benefits

Fri, 17 Feb 2012 08:00:00 EST

Throughout February we have discussed common myths about the Social Security disability application and disability benefits in general. We’d like to expand on one of the most common myths: the idea that you cannot successfully apply for Social Security disability benefits if you have a history of substance abuse or if you currently struggle with an addiction issue.

While it is certainly true that you will have a better chance of receiving disability benefits if you have been sober for over six months, and that it is more difficult to receive disability benefits if you have struggled with drugs or alcohol, it is absolutely false that those with past addictions can never collect benefits.

The Social Security Administration will not grant benefits to those who have caused their own health issues though drug or alcohol abuse – and those who have made a health condition worse with their substance abuse. However, if your addiction is unrelated to your disability, there is little reason to deny your benefits.

Each Social Security disability claim is different – and it is true that claims involving drug or alcohol use can be challenging. Especially in these cases, having a knowledgeable and experienced Texas disability lawyer at your side could help you understand how best to collect the medical evidence you need to present your case. Call Morgan & Weisbrod today to set up a free, private meeting with a disability attorney and take the first step toward securing the benefits you need and deserve.

Disability Lawyers in Dallas Know Disability Benefits Aren't Handouts

Thu, 16 Feb 2012 08:00:00 EST

One of the common Social Security disability benefits myths that drive us up the wall here at Morgan & Weisbrod is the idea that SSDI benefits are a government handout or a government welfare program. This is absolutely false!

Social Security is a federal insurance program – not a welfare program.

Most people who work for a living and receive paychecks have money taken out of each paycheck and placed into a federal fund. On paychecks, these payroll taxes are probably listed under something called FICA – the Federal Insurance Contribution Act. These payroll taxes go toward several federal insurance programs, including Social Security retirement, Social Security disability and Medicare. To put it simply, these taxes will ensure that you have health insurance when you are elderly, that you have support after you retire, and that you have a safety net in case of a disability.

While welfare and other similar government support programs are funded by general income taxes, Social Security disability benefits are funded by the money you and other workers have contributed to an insurance plan – money you gave to protect yourself and your family in the event of an injury, illness, or health condition.

Texas disability benefits attorneys can help

Even though you have paid into the Social Security program, it does not always mean that securing disability benefits is easy. If you need assistance with your disability benefits application or appeal, contact out disability lawyers in Dallas to set up a free, confidential consultation.

Supporting our Community

Mon, 13 Feb 2012 08:00:00 EST

The attorneys at Morgan & Weisbrod believe strongly in supporting our community, not just during the holidays but throughout the year. by Jennifer L. Fry, Esq.
Supporting our local community through volunteering is an integral part of our disability practice at Morgan & Weisbrod. Most of the attorneys at Morgan & Weisbrod were drawn to this particular area of law due to a high level of commitment to helping some the neediest members of our community who are suffering from disabilities and unable to work. An example of this spirit of volunteerism occurred last December when I volunteered at Dallas Metrocare's annual Toy Run.
Dallas Metrocare provides critical mental health care services to residents of Dallas County who are unable to afford mental health treatment. In furtherance of Dallas Metrocare's goal, this agency hosts an annual Toy Run which benefits hundreds of underprivileged and challenged children, some of whom are current patients of Dallas Metrocare and some of whom are the children of existing adult patients. It was a privilege to participate in this event which involved fulfilling these kids' holiday wish lists by sorting and packaging the items from each list and delivering the gifts to the individuals who loaded them onto trucks for delivery to the children.
It was striking to see the immense need of these families who deal with disability issues on a daily basis. One five year-old boy listed only one item on his wish list, that being a teddy bear. Of course I made sure that his package included more than just a teddy bear. All said, this was such a humbling experience and I can only hope that our efforts made at least a small difference in the lives of these children.
One other example of service to our community involves my work with the Plano West Senior High School mock trial team. This is the second year I have volunteered to be the attorney sponsor/coach for this team and to say that this is a lot of fun and greatly rewarding would be a huge understatement! This year the Plano West mock trial team advanced to the second round of the Region 10 state mock trial competition. These bright and talented kids participate in mock trial as an extra-curricular and compete against better funded teams from other schools who take mock trial as a graded class at their school. This makes our team the comparative underdogs as these kids do this wholly during their free time with mock trial practices sandwiched in between their other multiple extra-curricular activities.
Volunteering and giving back to the community in these ways helps the attorneys at Morgan & Weisbrod to better serve our disabled clients by making sure that we don't practice law in a vacuum and that we all actually remain active and participating members of our local communities.

Dallas Social Security Disability Attorney: February is Heart Month

Fri, 10 Feb 2012 08:00:00 EST

February is American Heart Month. What can you do to celebrate?

Educate others about heart health. Heart disease is the number one killer of both men and women in America. Spread the word.
Wear red on February 3. Women are encouraged to wear red on the first Friday of the month to raise awareness of heart disease in women. It is fun and easy – and it could help save lives.
Look after your own heart health. Your heart might just be the most important thing you have. Are you exercising, eating right and visiting your doctor for yearly checkups?
Write your local lawmakers. Make sure they are supporting heart healthy legislation and doing all they can to help those with heart conditions.

A number of heart conditions are considered disabilities by the Social Security Administration (SSA). They include:

Chronic heart failure
Hypertensive heart disease
Ischemic heart disease
Recurrent arrhythmias
Chronic venous insufficiency

Do you need more information regarding a serious heart condition and Social Security disability benefits? Our Dallas Social Security disability attorneys are happy to sit down with you during a free, no-obligation consultation to discuss your health, your options for disability benefits, and the questions that have been on your mind. We have offices in Houston, Georgetown, and Dallas, Texas. Call Morgan & Weisbrod today at 800-800.6353.

Texas is NUMBER ONE!!!

Mon, 06 Feb 2012 08:00:00 EST

Texas is Number ONE!, by Paul Burkhalter, Esq.

The following is taken from introductory comments made by Morgan & Weisbrod Attorney Paul Burkhalter, who is one of two Board of Director Members from the Fifth Circuit (Texas, Louisiana and Mississippi) of the National Organization of Social Security Claimants’ Representatives (NOSSCR) at the Fifth Circuit Organization of Social Security Claimants’ Representatives (FOSCCR) annual meeting held in Natchez, Mississippi on January 28th and 29th, 2011.

“Texas is number one in the nation! Mississippi is number two! And, sorry, Louisiana is number three! Unfortunately, these are our states’ rankings in the percentage of our citizens that are uninsured (according to a recent report released by the Census Bureau). In Texas, almost 27% of the population does not have health insurance (according to another study by the Gallup poll). In Mississippi, the same study shows that almost 26% of the states’ population does not have health insurance. In Louisiana, 24% of the population lacks health insurance!

As an attorney representing Social Security Disability claimants, I observe first hand that a significant percentage of Social Security claimants have chronic conditions that with adequate treatment might not be disabling, but without care become disabling – like insulin dependent diabetes. It is unfortunate that the lack of the ability to obtain care results in individuals who want to work becoming unable to work, yet that is how it is – especially in States like ours that don’t do a good job of providing access to insurance and health care.
Yet, by representing individuals and helping them obtain disability benefits, we also help them obtain Medicare and/or Medicaid federal government health care – a type of health care insurance that finally allows them to get regular health treatment for their conditions. My hope is that with this regular care many of our clients may be able to return to work – once their conditions are treated and get under control.

Also, since we represent many clients without insurance who need health care, at Morgan & Weisbrod we help our clients try and find indigent health care programs that will help them obtain basic treatment without cost or at very loss cost due to their lack of income. As attorneys we have a duty to help our clients find care – and through this action – helping clients obtain Social Security benefits and get Medicaid/Medicare – or by helping them find care while they wait to have their claims decided – we are making a difference.”

Source: Austin American Statesman, January 23, 2011 “PolitiFact Texas – Data support columnist’s claim about the uninsured” Section B, pp. 1,5.

Unemployment Benefits End: Many Turn to Social Security Disability

Mon, 30 Jan 2012 08:00:00 EST

A record number of people are applying for Social Security disability benefits – and two new studies show that a significant percentage of these new applicants would choose to work if only they could find a job in the still-struggling economy.

Jobless turning to Social Security disability for support

While the number of Social Security disability applicants is growing for a number of reasons – the baby boom generation is aging and tens of thousands of soldiers are returning from war with injuries and mental health issues – new data shows that one out of ten Americans who lose jobless benefits turn to the Social Security system for support during their lengthy unemployment. Only one percent of the unemployed apply for disability benefits when they have 50 weeks of unemployment support left.

Should we extend unemployment insurance benefits?

Currently, politicians disagree on whether or not to extend unemployment insurance benefits for another year as out-of-work Americans struggle to find new jobs. As of now, the average unemployed American goes without work for 40 weeks before finding a new source of income. Not extending unemployment benefits could lead to more job loss – and to more people turning to Social Security disability for support. Some fear that those applying for disability benefits will stay in the program until retirement, instead of continuing to look for employment opportunities.

Texas disability benefits attorneys

Do you need assistance with your Social Security disability benefits application process? Has your initial application for benefits been denied? Call Morgan & Weisbrod today to schedule a free consultation with a Dallas disability benefits lawyer.

New Program Offers Housing Help to Some on Social Security Disability

Fri, 27 Jan 2012 08:00:00 EST

The United States Department of Housing and Urban Development (HUD) has announced a new program aimed at creating affordable housing options for low-income seniors and disabled Americans. The Supportive Housing program will give non-profit organizations in 42 states $749 million in grants, all involving construction of new affordable housing, the rehabilitation of existing affordable housing, and the provision of rental assistance.

All in all, the grants are expected to help 4,800 households with low-income seniors and those with disabilities in 189 different housing developments.

In Texas, five non-profit organizations will receive funding through the new housing program:

In Dallas, Juliette Fowler Homes, Inc., will receive $4.1 million in grants.
In Houston, Avenue Community Development Corporation will receive $4.6 million in grants.
In Houston, Retirement Housing Foundation will receive $7.1 million in grants.
In San Antonio, Merced Housing Texas will receive $3.7 million in grants.
In San Antonio, Retirement Housing Foundation will receive $5.5 million in grants.

Research has shown that those going through the Social Security disability benefits application process often struggle to pay their mortgage or rent. One out of three people awaiting SSDI benefits expect to miss a mortgage payment or a rental payment, while 15 percent of those waiting to secure disability benefits face foreclosure.

Do you need Social Security disability payments in order to keep a roof over your head? You are not alone. Get the disability benefits that you need and deserve by talking to one of the Texas disability benefits attorneys at Morgan & Weisbrod. Call us today at 800.800.6353.

Some Question Use of Non-Lawyer Social Security Disability Advocates

Fri, 27 Jan 2012 08:00:00 EST

Eight years ago, the Social Security Administration (SSA) and Congress enacted new rules that made it easier for non-lawyers to advocate for the disabled as they navigated the Social Security disability benefits system. At the time, officials believed that making this change would reduce the backlog of SSDI and SSI cases while also making it easier for disabled applicants to find professional help.

Now, however, some believe that a number of law firms across the country are taking advantage of the new rules about non-lawyers and are having claim advocates preparing Social Security disability appeals and applications that leave out harmful information. Some administrative law judges refer to these large law firms that utilize non-lawyers as “warehouses” that push through literally hundreds of thousands of clients each year across the country.

In one case that is now under investigation, a law firm is accused of labeling some documents with red stickers if they believe the evidence is harmful to the Social Security case, such as medical evidence that shows the patient can perform at work, or evidence that the patient has a substance abuse issue. Others, however, say that the law firm in question has successfully helped them secure disability benefits after multiple failed attempts.

It is unclear whether the new rule regarding non-attorney advocates has helped the backlog of cases.

Do you want to speak with an experienced, board-certified Social Security disability lawyer about securing SSDI or SSI benefits? At Morgan Weisbrod, you will meet with a Texas disability attorney during a free, private initial consultation. Call us today at 800.8000.6353 to get started.

Texans Vote to Extend Tax Exemption to Spouses of Wounded Vets

Tue, 24 Jan 2012 08:00:00 EST

Texas voters have passed a constitutional amendment that grants the surviving spouses of disabled veterans the same property tax exemption granted to living disabled soldiers and their families.

In 2009, Texas veterans with a 100 percent disability rating received a homestead property tax exemption that covers their residence. Now, the widow or widower of such a disabled veteran can continue receiving the tax exemption beginning on January 1, 2012, provided that they do not move from the house or remarry.

The law was passed by Texas lawmakers in May and approved by the public in November’s general election. Over 82 percent of Texans voting approved the measure.

Surviving spouses can find the disabled veterans’ property tax exemption application online. They must provide a drivers’ license, a vehicle registration receipt, or a utility bill.

At Morgan & Weisbrod, we know how much our veterans sacrifice for their country, Texas, and our way of life. We also know just how hard it can be to get by when a wounded family member returns from combat too injured to support his or her family. This property tax exemption is one step toward making certain that these brave vets and their families are cared for after they return.

Do you need legal assistance with veterans’ disability benefits or survivors’ benefits? Speak with a Dallas disability benefits attorney today by calling 800.800.6353.

Army Officials to Standardize Disability Evaluation System

Fri, 20 Jan 2012 08:00:00 EST

The United States Army has announced plans to standardize its disability evaluation system – the system through which it determines whether or not soldiers are fit for continued military service. Officials hope that these changes will help the Army’s system more closely match the Department of Defense's Integrated Disability Evaluation System. Currently, military officials say the lack of a common sytem and an established process results in widespread confusion.

This week, a team of Army commanders gathered in Fort Bragg to discuss the standardization and take steps towards implementing the permanent change in the present disability evaluation system. Those participating in the meeting included the U.S. Army Forces Command, the Department of the Army G-1 Department, the United States Army Reserve Command, the National Guard Bureau, the Army Physical Disability Agency, and the Army Physical Disability Evaluation Board.

Those found unfit for service during the disability evaluation process will move on to evaluation by the Veterans Administration. Depending on their evaluation, veterans would then receive a disability ranking and disability benefits.

The Texas veterans’ disability attorneys at Morgan & Weisbrod believe that more standardization during the disability evaluation process will add more predictability to the system and result in fairer decisions and results. If you are a disabled veteran in need of legal assistance, call us today to speak with a lawyer and get answers to your questions.

Disability Lawyer Blog | What's an "Onset Date"? | Texas Disability Blog

Tue, 10 Jan 2012 08:00:00 EST

Onset date of Disability, by Laura Hernandez, Esq.

Establishing the correct date of your disability should be done carefully because it determines when you will become eligible to receive payments and when eligibility for Medicare/Medicaid kicks in if you prevail in your claim. SSA refers to this date as the “onset date” of your disability. This date does not necessarily mean the date your illness or injuries began or were diagnosed. Sometimes people work for weeks, months, or even years with their illness(es)/injuries. SSA generally looks to the date you actually stopped working because of your physical or mental health problems (or both) in determining the onset date of your disability. Depending on the circumstances in your case, SSA will also look to the date your hours at work were significantly reduced due to your health problems. If so, you will need evidence corroborating this such as a statement from your employer, payroll records, etc.

If you stopped working because of a non-health related reason (for example, a lay off due to a reduction in force, business slowed down or closed, moving to another city/state, etc), you should not use this date as your onset date of disability. Your onset date of disability should be the date you could no longer engage in substantial gainful activity because of health-related issues. (For discussions on “substantial gainful activity” go to SSA’s websites at: http://www.socialsecurity.gov/redbook/eng/overview-disability.htm#6%20 and www.socialsecurity.gov/OACT/COLA/sga.html ).

In many cases, people will attempt to work after their onset date of disability but find that their health problems only allow them to do so for brief periods. This is what SSA calls an “unsuccessful work attempt.” This must occur after a “significant break” from the time you stopped working or reduced your work and earnings below substantial gainful activity levels. This is what SSA says about what a “significant break” means:

“We will consider your prior work to be “discontinued” for a significant period if you were out of work at least 30 consecutive days. We will also consider your prior work to be “discontinued” if, because of your impairment, you were forced to change to another type of work or another employer.”

There are two types of unsuccessful work attempts: ones that last less than three months and end due to health-related issues and ones that last more than three months but less than six months and also end due to health-related issues. There are different factors SSA uses to determine whether your work activity qualifies as an unsuccessful work attempt. If your work activity after your onset date of disability is considered an unsuccessful work attempt, then it will not affect the date you alleged you became disabled.

In certain situations, changing the onset date of disability will become necessary or advisable. But you need to remember that doing so could affect your past due benefits, if any, eligibility for Medicare/Medicaid benefits, and/or entitlement to monthly payments. There are really so many factors to look at when trying to pin down which is the correct date of disability to use. That is why it is so important to sit down with your attorney and fully discuss these issues before deciding what date is appropriate.

The War in Iraq is Over, but Veterans Will Still Struggle Stateside

Sat, 31 Dec 2011 08:00:00 EST

In a speech at Fort Bragg last week, President Barack Obama gave a moving speech about the last soldier to leave Iraq and return home. “[The] war in Iraq will soon belong to history, and your service belongs to the ages," he told troops. “It is time to turn the page.”

However, despite what you may think about America’s ten-year conflict in the Middle East, one thing is clear: for the thousands upon thousands of veterans returning from war, the battle is not nearly over. Many will struggle with anxiety and depression for years after returning home, while others will grapple with physical disabilities, illnesses, and post-traumatic stress disorder (PTSD) for the rest of their lives.

Iraq veterans suffering from PTSD will face a number of challenges, including difficulty finding employment, issues with relationships, drug and alcohol abuse, and even homelessness. At the same time, VA hospitals across the country are straining under the large number of soldiers who are reaching out for help.

What can we all do to help veterans successfully transition back to civilian life? Experts say that it is important to remove the stigma surrounding PTSD and other mental illnesses related to combat. In addition, employers can make a special effort to consider the special skills and backgrounds that veterans have.

Are you an Iraq veteran returning to Texas in need of veterans’ disability benefits? Speak with a Houston disability benefits attorney at Morgan & Weisbrod today to get on the path to the financial support you need and deserve.

Iraq & Afghanistan War Disabilities Will Rival Vietnam Numbers

Thu, 29 Dec 2011 08:00:00 EST

New information gathered through the Freedom of Information Act from the Department of Veterans Affairs paints a shocking picture of the recent wars in Iraq and Afghanistan: a larger than expected number of returning young men and women face physical and mental combat-related disabilities. This is an issue that will surely affect the individual veterans and their families, as well as the United States as a whole.

While far more soldiers lost their lives in the Vietnam War (58,000) than in the Iraq and Afghanistan conflicts (6,300 to date), statistics show that more military personnel are returning home from overseas suffering from active duty disabilities.

2.2 million military members have been deployed to Iraq and Afghanistan.
600,000 veterans have applied for veterans’ disability benefits.
700,000 veterans have been treated in VA hospitals.
46,000 veterans were wounded in action.

Why are there so many more injuries and illnesses associated with these most recent wars? Experts believe that differences in combat situations as well as advances in medicine have made the difference. More veterans are able to recognize signs of post-traumatic stress disorder (PTSD), while at the same time more veterans are coming home with head injuries from IED explosions.

Are you or a loved one seeking veterans’ disability benefits after returning home from Iraq or Afghanistan? Speak with a Texas veterans disability benefits attorney at Morgan & Weisbrod today.

Social Security Disability System Undergoes Independent Review

Thu, 29 Dec 2011 08:00:00 EST

Facing wide-ranging criticism that their disability benefits system is flawed in several ways, the Social Security Administration (SSA) has commissioned an independent review of their process in order to pinpoint flaws and receive recommendations for improvements.

Earlier in the year, the SSA was under fire after a report showed that some Social Security disability administrative law judges were denying incredibly few disability benefits applicants, while other judges were significantly more harsh than average. At the same time, others complained that despite their obvious disabilities, they were denied benefits time and time again over a series of years due to a broken system.

The SSA’s independent review falls into the hands of the Administrative Conference of the United States, who says they will focus on the high amounts of variance found among the disability benefits judges. The SSA stated that they were happy to have a “fresh pair of eyes” examine the ongoing troubles they’ve had with overly harsh and overly lenient judges and that they are looking forward to hearing new solutions to the issue.

At the same time, some judges believe that the issues with disability benefit approval accuracy have more to do with the growing load of applications than with court decisions – and with a growing backlog, the SSA is forced to speed a delicate process.

Has your Texas Social Security disability benefits application been denied? Speak with a Dallas disability benefits attorney today about your case.

Study Examines Social Security Payments & the Local Economy

Thu, 29 Dec 2011 08:00:00 EST

Recently, as many across the United States wonder about the long-term survival of the Social Security system, experts have been examining how disabled and retired individuals would be affected if their Social Security benefits were lowered due to fund shortages. However, a study conducted by the Southern Rural Development Center has found that cutting Social Security payments would have a much larger impact than we might first think.

The study found that Social Security payments play an extremely important and significant role in the country’s economy – and especially for the economy of rural areas. In fact, 51 million people in the United States (about 17 percent of the population) receive some sort of Social Security payment each month, which comes to a grand total of $675 million annually. That’s 5.5 percent of the country’s total personal income.

The numbers in rural communities are even higher – probably due to higher numbers of seniors and lower costs of living.

The study found that if Social Security benefits were cut even five percent, the nation’s economic output would be $63 billion less and we’d have 419,000 fewer jobs. In addition, tax revenue would decrease by $7.8 billion.

Is your wellbeing in jeopardy because you haven’t secured the Social Security disability benefits that you deserve? Contact Morgan & Weisbrod today to schedule a free, no-obligation meeting with a Texas disability benefits attorney.

Disability Lawyer Blog | CAN I WORK? | Texas Disability Blog

Fri, 23 Dec 2011 08:00:00 EST

By James Skelton, Esq.

Can I work? Can I go back to work? What happens to my claim if I go back to work?

Yes! You can work but given that the primary allegation in your disability claim is that you cannot work due to symptoms and limitations from your impairments, returning to work can obviously create problems. This blog will be in two parts. This section is about work or substantial gainful activity (SGA) and the duration requirement. I will address SGA first. SGA is a regulatory term used to define a threshold for earning from work. It is also used by the Administration and disability attorneys as an acronym/synonym for what everybody else calls “work.”

Both Social Security Disability Insurance Benefits and Supplemental Security Income payments require that you have a period of disability in order to be found disabled. The SSA uses a 5 step sequential evaluation to determine the period of disability.

As noted above, the claim that you are making when you apply for disability benefits is that you cannot work due to your impairments. The first step of the sequential evaluation addresses whether there has been SGA or work since the alleged onset date or AOD. At Step 1, SSA needs to determine whether you have worked since your AOD (or the day you say you couldn’t work anymore because of your impairments). SGA is an amount set under the regulations. SGA also refers to an amount of income that you may earn from work before that work is presumed to be SGA. The SGA amount is used as the threshold for this presumption. If you earn less than the amount of gross earnings allowed in a month for that year, the presumption is that the earnings were not SGA and they do not count as work. If you earn more that amount, the presumption is that you worked. The amounts for SGA in past years are available on line. http://www.ssa.gov/oact/cola/sga.html For example, the amount for 2011 is 1,640 if you are blind and 1,000 if not. SSA recently announced that SGA amount will increase to $1010 gross per month for 2012.

The next step of the sequential evaluation raises the issue of duration. Step 2 is a two part step addressing whether your impairments are “severe”. The first part asks whether you have a medically determinable impairment or combination of impairments that has lasted or is expected to last at least 12 continuous months or result in death. This is referred to as the durational rule or the duration requirement. In general, when you meet with your attorney, they will ask the following questions: when did you last work? Why did you stop working? Have you worked at all since you became disabled? We ask these kinds of questions because we need to know if you meet the durational requirement or are likely to meet duration, because you cannot be found disabled if you do not meet the durational requirement at step 2.

Here is an example of type of injury that often results in a failure to meet the duration requirement. You are injured on May
1st and your leg is broken badly and you have to have one or two surgeries over the course of 4 to 6 months. At the end of the period of recovery, your leg is healed, your physical therapy ends in February of the following year, and your doctor releases you with no restrictions and you return to work. Without evidence of any other problems; i.e., mental or physical impairments limiting your ability to work, you cannot be found disabled because the limitations from your impairment did not prevent you from performing work at the level of SGA for last for 12 continuous months.

On the other hand, if your fractures do not heal properly and the whole process takes 12 months and 1 day (during which you did not work/earn at SGA levels), then you may be found disabled having met the durational requirement.

Next blog I will write about what can happen if you meet the durational requirement and then return to work later!

Disability Lawyer Blog | Claimants being arrested?!! | Texas Disability Blog

Mon, 05 Dec 2011 08:00:00 EST

Update: A New Requirement to Have a Social Security Disability Hearing?

By Paul Burkhalter, Esq.

Earlier I wrote about an incident in Denver where my client who applied for Social Security Disability was challenged about her ID and had to undergo delay that led to her hearing starting late. Furthermore, I pointed out how the “requirement” to have a photo ID to appear at a Social Security disability hearing was a real burden to those who have waited a year or two to finally have their Social Security Disability hearing, yet there appears to be no real-world abuse that would justify this additional burden on those applying for Social Security Disability.

After talking to my fellow attorneys at Morgan & Weisbrod, I learned that there was a new twist – if you show up for your hearing without photo ID you may be arrested!

Recently, a claimant appeared at a Social Security disability hearing without any ID. The Security guards ran some type of check and discovered that the individual has some type of warrant. The result, the person was arrested, and could not attend his Social Security disability hearing.

If a person applies for Social Security Disability, he or she is generally not entitled to receive Social Security Disability benefits if he or she has a felony warrant for their arrest. (This makes some sense as we do not want criminals who are running from the law to be getting Social Security disability benefits). This check, done through the proper channels would give notice to the individual, and allows him or her, with the help of an attorney, to respond and address the situation and raise any problems (i.e., the warrant was already dismissed, the individual on the warrant is not the Social Security disability claimant, or any other sort of problem).

Dealing with this on the Social Security disability court house steps in not the way to solve this problem. In fact, I would bet that most persons arrested by Security guards when they show up for their Social Security disability hearing, likely do not have any felony warrants. Since most individuals who show up for Social Security disability hearings are ill or injured and are not working, some may have been unable to pay traffic tickets and other minor fines. Of course, if you do not pay this type of thing, it will lead to warrant being issued for your arrest, but most often the police do nothing to actually try and find the person who has a warrant.

If you think about it, arresting an individual immediately before their Social Security disability hearing is a really dumb idea. By arresting them when they show up for their Social Security disability hearing, they are prevented from having their case decided. If they are found disabled, they would then become entitled to Social Security disability benefits – including past due Social Security disability benefits – and they would likely be able to pay any fines they owe under the warrant.

At Morgan & Weisbrod, we are involved in trying to shape national Social Security Disability policy. I am a board member on the National Organization for Social Security Claimants (NOSSCR) http://www.nosscr.org/ This is certainly something I will be bringing the Board’s attention at our next meeting. This crazy policy needs to be stopped. No one should be worried that if they attend their Social Security Disability hearing that they might be arrested!

SSDI Applications Approval Rate Drops by Two Percent Over Five Years

Sun, 04 Dec 2011 08:00:00 EST

In past months, we’ve discussed how a record number of Americans have been applying for Social Security disability benefits – likely because of the struggling economy, the aging population, and the poor job market. However, is the recent climate in the United States and the glut of SSDI and SSI benefits applications making it more difficult to secure disability payments?

According to the Social Security Administration (SSA), it has become slightly more difficult to be approved for disability benefits than in past years. In 2006, 2,524,550 people applied for Social Security disability and 35.2% of these applications were approved during the initial process. In 2011, 3,243,079 applied for social security disability and 33.5% were approved during the initial process. That’s a 2% disability benefits approval rate drop over five years.

While the SSA denies that it has changed the application process to make it more difficult to secure disability benefits, the process has changed in several ways as the federal agency attempts to deal with a growing backlog of cases.

What can you do to expedite your own application and appeals process? A good place to start is by understanding the information that you need to provide the SSA with as well as collecting the appropriate evidence of your condition. If you need assistance with these steps, you may wish to speak with a Texas Social Security disability benefits attorney.

Doctors & Social Security Administration Clash

Wed, 30 Nov 2011 08:00:00 EST

With an aging Baby Boom generation, a poor job market, and a struggling economy, the number of Social Security disability benefits applications have skyrocketed in the past three years – and the backlog of cases has grown. To combat long wait times, the Social Security Administration (SSA) has had to make some changes to their application system that many of the doctors employed by the federal agency are finding hard to swallow.

According to the Wall Street Journal, the SSA has asked its doctors to work faster – and for less money. In many cases, they have asked physicians who review SSDI cases to take a more cursory look at case files, while in other cases they have asked doctors to review files that fall outside of their specialty.

The result? A huge number of disability case review doctors have quit, while another large percentage has been fired for failing to follow new guidelines. Many worry that the new doctor case review rules will lead to more wrong decisions and a less accurate application process. Others worry that doctors are being pressured to make certain types of decisions when reviewing disability cases to meet targets set by the SSA.

Because of these new guidelines – and because of the growing backlog of disability cases – it is more important than ever to understand the Social Security system and the disability benefits applications process before attempting to secure benefits. To speak to a Texas Social Security benefits attorney about your case, call Morgan & Weisbrod today.

PASS Program Helps Disabled Workers Transition Back To Work

Wed, 30 Nov 2011 08:00:00 EST

It can be impossible to work when confronted with a disability, illness, or a long-term health condition. However, it can be almost as difficult to re-enter the workforce after being sidelined by a mental or physical disability.

One program that the Social Security Administration (SSA) offers to those receiving Social Security disability benefits who wish to return to work is the Plan for Achieving Self-Support (PASS) program.

What is a PASS, and who should apply for one?

A pass is a plan offered by the SSA that assists disabled workers as they prepare to begin working again after a period of collecting disability benefits. Specifically, the plan helps disabled workers set aside money to pay for training, services, and other costs that go along with finding and being employed.

PASS participants can set aside money for:

Job training
Business start-up costs
Work equipment
Daycare costs
Transportation costs

To learn more about the PASS program and how it may be able to help you transition back into employment, visit your local SSA office for more information.

If you are in the process of seeking Social Security disability payments, or if your initial application for Social Security disability benefits has been wrongly denied, you may wish to speak with a Texas disability benefits attorney. Call Morgan & Weisbrod today to speak with a lawyer during a free, private meeting.

Lawmakers Ponder Better Social Security Disability Check System

Wed, 30 Nov 2011 08:00:00 EST

The House Ways and Means Committee want to take a closer look at how Social Security disability checks are distributed to the mentally disabled and to minors. Many, including 14 Republicans on the committee, believe that there should be more oversight by the Social Security Administration (SSA) when it comes to giving checks to representative payees of the disabled.

The concern with representative payees has surfaced following a horrific and tragic case in Philadelphia in which at least four mentally disabled Social Security beneficiaries were found living in a basement – filthy, hungry, and tied to pipes. An initial investigation found that their representative payee was collecting their Social Security disability benefits after kidnapping them and ignoring their most basic needs.

Currently, there are 5.6 million representative payees in the United States – those who collect disability benefits checks for those who are not able to do so themselves – such as the mentally ill, the young, and the severely disabled. While payees must promise to spend the money on the care of their loved one, lawmakers worry that there is currently no good way to enforce the pledge or to make certain that fraudulent payees are not profiting from the system.

Are you grappling with a legal issue related to Social Security disability benefits? The Texas SSDI benefits attorneys at Morgan & Weisbrod are here to help you navigate the system and secure the support you need. Call us today to discuss your case at a confidential, no-obligation meeting.

Father Fights SSA Benefits Waiting Period Rule for the Terminally Ill

Tue, 29 Nov 2011 08:00:00 EST

After his grown daughter died of cancer while still waiting for Social Security disability benefits, a father is fighting for a new rule that would grant terminally-ill applicants faster support from the Social Security Administration (SSA).

In the spring of 2009, Heather Russell was diagnosed with small cell lung cancer. Within months, the disease had metastasized throughout her body, and it became evident that she would not survive the illness. Her first two attempts to secure disability benefits failed – first because of incomplete paperwork and then because she earned too much working at a job in retail. Finally, too sick to continue work, she was approved for disability benefits in November 2009.

Sadly, though, Russell was still forced to wait five months from that date to receive benefits due to a mandatory waiting period for the terminally ill. She died with one month of waiting to go.

Two attempts have been made since 2009 and to reverse the rule that has terminally ill patients wait months for benefits (a rule put in place to ensure that those applying for benefits have a long-term illness and are not duplicating benefits elsewhere). Currently, the Social Security Fairness for the Terminally Ill Act of 2011 is being reviewed by the federal government. Russell’s father supports the bill, but wants even more to be done.

If you or a loved one has lung cancer and is seeking Social Security disability benefits, there are several steps you can take to expedite the process. Talk to a Texas disability benefits attorney today to find out more.

Social Security COLA Increase Average: $39 A Month

Fri, 18 Nov 2011 08:00:00 EST

Recently, the Social Security Administration (SSA) announced a 3.6 percent Cost of Living Adjustment (COLA) for those receiving disability benefits or Social Security Income. Because of the depressed economy and a lack of significant inflation, it is the first time in several years that a COLA increase has been approved.

What does this adjustment mean for those who receive Social Security benefits? The average recipient will receive an extra $39 per month and an extra $468 per year. The average Social Security Income recipient will receive an extra $18 per month and an extra $216 per year. All in all, the SSA will pay out $30 billion more in the next year because of the cost of living increase.

Will the cost of living increase have a larger affect? Experts don't believe that the Social Security COLA will have a significant effect on the country or the system as a whole - but it will make certain that disabled Social Security recipients will be able to afford the slight rise in the price of essentials, such as food, clothing, and shelter.

Do you need help with a legal issue related to Social Security disability benefits - such as a denied claim or a change in the benefits you receive? At Morgan & Weisbrod, our Texas Social Security disability lawyers can help. Call today to schedule a free, no-obligation appointment.

Texas Disability Lawyer Blog | Mental Health Care Help is on the Horizon! |

Wed, 09 Nov 2011 08:00:00 EST

Mental Health Care - Help is on the Horizon - by Jennifer L. Fry, Esq.

While Social Security is processing your claim for disability and determining whether or not you are disabled, you will have the opportunity to tell Social Security everything that is wrong with you and why you are unable to work. Social Security is required to consider all of your medical problems, both physical and mental, and often it is the combination of both the physical and mental problems that disable you. We will discuss the second problem, that is, the mental or psychological conditions from which you may suffer, and how critical it is to be receiving the proper treatment for these conditions.

Countless people suffer from a multitude of medical conditions that cause them to experience pain on a daily basis. The list of medical conditions causing pain are endless but it is accurate to say that in virtually all cases where an individual has been experiencing pain on a chronic basis over a long period of time, that person nearly always develops some degree of emotional problem such as depression or anxiety. In fact, if a person suffering from chronic pain did not end up experiencing a change in mood or some amount of depression, this would be very unusual. However, often these same individuals go without needed mental health care and this simply does not have to be the case for these folks.

Why is it important to get proper treatment for any mental or emotional conditions that may be plaguing you? First and foremost, it is important that you receive proper care so that you will gain some relief from your symptoms and hopefully, with proper mental health care services, improve. Secondly, it is critical that your medical records document the difficulties you are having from a mental standpoint and how those problems would interfere with your ability to hold down a job. As far as Social Security is concerned, they take the position that if your mental or emotional problems are not written down in your medical records, then these problems must not even exist. Often it is the symptoms arising from mental health care problems, such as problems concentrating and focusing for example, which convince a judge that someone is unable to work.

How does one go about getting this very important mental health care? There are at least 3 potential solutions to consider.

Treating doctors and other primary health care providers

An honest discussion with your treating doctor, nurse practitioner or physician's assistant is a good starting point. Often your treating doctor is the person who knows you the best from a medical standpoint and may already be treating you for one or more of these emotional problems. Your doctor can initiate a referral to a psychiatric or psychological specialist who can then take over your psychiatric or psychological care. These professionals can then coordinate your treatment which hopefully, in turn, will result in you experiencing improvement.

Indigent health care providers

How can I possibly afford to go to a mental health care specialist if I have no money and no insurance? This is a very good question that many people have. Fortunately in Texas, there are county indigent mental health care providers that have to provide mental health care services to economically needy citizens in their county. Although each county has its own system and these agencies have different names, they are commonly referred to as the MHMR providers and they provide their services at either very low cost or no cost at all for those who financially qualify.

Social workers

Every hospital has a social work department that employs social workers. These professionals are invaluable resources and can often help a person to access mental health care services as it is their job to make sure patients get linked to the proper services they need. The large hospitals have a staff of many social workers with the smaller hospitals, of course, having far fewer. Asking for help from the social worker is critical to gaining the access to the mental health care services you need.

The mental and emotional needs of patients so frequently go overlooked so you must speak up and ask for these services. Sometimes it even takes being forceful with your request for assistance. Remember that the squeaky wheel really does get the grease! Mental health care providers are some of the most committed professionals who, in nearly all cases, will cooperate and provide additional information regarding an individual's specific limitations arising from their psychiatric conditions. And this helps you and us to build a strong case for you. Fortunately, there is help out there for you, and you must seek out this help.

Social Security Recipients Will See Cost Of Living Adjustment In 2012

Mon, 31 Oct 2011 08:00:00 EST

The Social Security Administration (SSA) has announced a cost of living adjustment (COLA) of 3.6 percent in 2012. The adjustment will affect all disabled Americans who receive a monthly Social Security Income (SSI) monthly benefits check. The over eight million families who receive SSI checks should expect to see the slight increase in their December 2010 monthly checks.

There have not been cost of living adjustments for the last two years, as the Bureau of Labor Statistics in the Department of Labor determined that there was no significant increase in the cost of living in 2009 or 2010.

While many families will find that a 3.6 percent increase is not noteworthy, they should understand that the COLA increase is simply in place to make certain that Social Security disability benefits payments are in step with the increasing costs of everyday life, such as food and clothing prices.

Are you a disabled American who is seeking either SSI or SSDI benefits from the Social Security Administration? At Morgan & Weisbrod, our Texas Social Security disability attorneys are committed to helping the disabled apply for the benefits they deserve and fight against wrongly denied claims. Call us today to find out more about your disability benefits case and to schedule a no-cost, confidential meeting with one of our lawyers.

October Is National Disability Employment Awareness Month

Sun, 30 Oct 2011 08:00:00 EST

It's October, and that means that we are celebrating National Disability Employment Awareness Month (NDEAM) - a time to appreciate the disabled members of our workforce and a time to think about how we can further improve the employment opportunities of Americans with disabilities.

This year, the theme of NDEAM is "Profit by Investing in Workers with Disabilities," a call to companies and organizations across the country to reflect on how they can take advantage of the disabled workforce to improve their bottom line, grow their business, and improve America's economy.

What can you do to observe NDEAM in your own life? As a business owner, you can consider how to make your workforce more inclusive and diverse when it comes to disabilities. As an able-bodied worker, you can think about how you can improve the work environment for your disabled co-workers and appreciate their contributions. As a disabled American in the workforce, you can celebrate your achievements and give thanks to those who have helped along the way!

Of course, we realize that not all disabled Americans are well enough to work - or to earn enough to support themselves and their families. If you require the assistance of a Texas disability attorney or if you need help with your Social Security disability benefits claim, contact us today to speak with a lawyer in a supportive, confidential environment.

VA Asked To Further Reform Claims Process For Sexual Trauma Victims

Sat, 29 Oct 2011 08:00:00 EST

Two United States Senators have sent a letter to the Department of Veterans Affairs outlining their concerns regarding the disability benefits claims process for victims of sexual assault. Senator Patty Murray, the Senate Veterans Affairs Committee chairwoman, and Senator Jon Tester, a veterans' committee member, penned a letter voicing their opinions about how the claims of military servicemen and women are reviewed in the case of rape or other sexual trauma.

While the VA has made considerable positive changes to their treatment of sexual trauma disability claims in recent years, many worry that the process is still not fair to those suffering from mental and physical disabilities due to such trauma. The main issue? Sexual trauma in the military is hard to prove since many cases are never reported, and there is not often sufficient evidence to back up claims because of the nature of the ordeal.

While Murray and Tester say that the VA has taken good steps by making sure that counselors and claim processors are better trained to take on these issues, they want to see more proof that sexual trauma victims are able to secure the resources that they need, from counseling to financial support.

At Morgan & Weisbrod, we are pleased that government officials and the VA are both working toward a more fair system for veterans who have disabilities stemming from sexual trauma - whether or not they are seeking a disability rating. If you need help with a legal issue related to these topics, please call our Texas disability attorneys today to schedule a confidential meeting.

VA Disability Compensation Could See Cost of Living Adjustment in 2012

Tue, 25 Oct 2011 08:00:00 EST

After three years without changes, veterans' disability compensation rates are expected to increase next year due to changes in inflation and cost of living.

The Military Officers Association of America announced that disabled veterans who receive compensation from the Department of Veterans Affairs should expect a cost of living adjustment (COLA) in 2012 due to this year's rate of inflation.

While preliminary numbers suggested a 2012 COLA rate of 3.7 percent, a change in the way that officials determine the inflation rate might result in a slightly lower COLA rate of 3.4 percent. While this may not seem significant, it will add more than a few dollars a month to veterans' disability checks.

Since 2009, the rate of inflation has been such that no cost of living changes have been made to VA disability payments. Cost of living adjustments are also expected for those receiving survivor benefits.

Do you believe that you should be receiving more support from the VA regarding your disability, or that your VA disability rating is not accurate? Don't hesitate to contact the Texas veterans' disability attorneys at Morgan & Weisbrod to discuss your injury and your disability case. Call our office at 800-800-6353, fill out the short contact form on this page, or drop by our offices for more information.

Disability Lawyer Blog | Your Doctor's Opinion Counts! | Texas Disability Blog

Mon, 24 Oct 2011 08:00:00 EST

Why Your Doctor's Opinion Counts & How to Obtain It
By Carolyn J. Shulman, Esq.

In a claim for Social Security disability benefits, it may seem like the Social Security Administration is getting the opinion of every doctor but your own. Social Security will often obtain the opinions of their own consultative doctors, who only examine you once. They may also ask doctors who have never examined you to describe your work-related limitations based only on the paper medical records in your file.

So, where does YOUR doctor's opinion fit into all of this? Does Social Security even have to consider what your own doctor says?

The answer is yes! Social Security's own regulations and rulings provide that if your treating doctor offers an opinion about what you can and cannot do in the workplace, the person deciding your case must consider what your doctor says. In fact, Social Security's rules state that usually, your doctor's opinion should be given greater weight than the opinion of a doctor who has not treated you. Also, the longer that doctor has treated you, the more weight it will generally be given. This means your doctor's opinion about your limitations can make a big impact on your case.

What is the best way to get your doctor's opinion? At Morgan & Weisbrod, we will usually create customized forms, called Interrogatories or Medical Source Statements, for your doctor to complete. These forms are basically questionnaires aimed at getting the most essential information about your limitations from your doctor. For example, if you have severe back pain, we might ask your doctor how long you can stand, walk and sit, and whether it's medically necessary for you to lie down several hours a day to alleviate pain. Or, for instance, if you struggle with mental impairments like depression or anxiety, we will ask your psychiatrist or psychologist how often you experience difficulty concentrating, whether you can follow complex versus simple instructions, and whether you can be expected to interact appropriately with co-workers, supervisors, and the public. Usually, we will mail these forms to you and ask that you take them to your doctor to be completed.

Often, the challenging part is ensuring that your doctor completes the forms. We cannot force your doctor to do this. Sometimes, treating doctors are hesitant to complete forms for various reasons. However, there are some points you can make to your doctor if he or she is reluctant to help. If you encounter this problem, keep the following talking points in mind:

*Explain that your doctor's opinion can make a big difference in your Social Security disability case. It might even make the difference between winning and losing your claim.
*If your doctor tells you that your lawyer already has his/her treatment notes and that should be enough information, politely disagree. Explain that their treatment notes do not necessarily discuss all of the functional limitations addressed in the forms. For example, do their notes indicate how much weight you can lift or how long you can sit, stand, or walk? Often, they do not address those details.
     *If your doctor says you need to see a "disability doctor" or have a functional capacity evaluation ("FCE") performed, tell them that under Social Security's rules, this is not required. In fact, it's much more helpful to get your doctor's opinion, based on multiple office visits, than to go to a doctor who will only evaluate you once.

     *Explain that your doctor need not perform any additional examinations; his or her answers can be based on his or her knowledge of your conditions and treatment history.

     *Tell your doctor that if you win your disability case, you will start receiving either Medicaid or Medicare. Many doctors are unaware of this fact. However, once they learn this, they sometimes see the "big picture" and realize that winning this claim is not just about the monthly dollar benefits, but also about obtaining regular (and often better) medical attention through the Medicaid or Medicare program.

If your doctor agrees that you cannot work, the best thing he/she can do to help you win your case is answer a few simple questions about your limitations. Making this small effort will help the judge understand exactly how your conditions keep you from working.

Budget Cuts for the Social Security Administration May Create Issues

Fri, 14 Oct 2011 08:00:00 EST

Last month, we covered the issue of the Social Security Administration (SSA) facing insolvency in future years if the program does not consider reform. This month, we will take a closer look at how potential budget reductions may impact the program in coming years.

The National Council of Social Security Administration Field Operations Locals recently sent some United States Senators a letter that outlines their concerns regarding a Social Security budget cut, as well as the likely consequences of such a measure. The letter outlined the stress that the SSA is currently under and the increased stress that would come with budget reductions.

In Fiscal Year 2011, which came to an end last week, the SSA cut 3,500 state and federal employees, cut back on overtime, instated a hiring freeze, stopped service in a number of remote areas, and began closing offices early each business day.

In Fiscal Year 2012, if the budget is cut by $800 million as proposed, the SSA expects that its base cost of operations will go up with rising rents and health care costs. In addition, they will lose another 4,400 employees. This shortage of funds and staff would result in even slower processing of Social Security disability claims - 400,000 less than in 2011. Generally, budget cuts would allow the disability benefits backlog to grow instead of shrink.

What does this mean for your Social Security disability benefits case? It won't be clear until the federal government decides on the SSA's budget. However, there is no reason to delay your disability benefits application or decide not to appeal your SSDI case. Speak with a Texas disability attorney today to find out more.

Disability Lawyer Blog | Requirement for Disability Hearing? | Houston Disability Blog

Thu, 13 Oct 2011 08:00:00 EST

A New Requirement to Have a Social Security Disability Hearing?

By Paul Burkhalter, Esq.

It appears that Social Security Administration keeps adding to the burdens of claimants that are seeking Social Security Disability benefits. Now, it appears that a Social Security disability claimant may be required to show a photo ID to have a hearing. If problems occur it is just one more reason it is important to have an attorney with you to help sort things out.

During my 18 years of representing individuals before the Social Security Administration, I have recently started seeing disability hearing notices that say you must have photo ID, but in my experience clients are never really challenged about this at their hearings in Texas. I routinely have clients that have no ID and I tell them not to worry about - and it has never been a problem.

But earlier this month, I was representing a homeless woman in Denver, Colorado in her Social Security disability case. She shows up about three minutes after the hearing was to start and explains that she had been trying all morning to get a photo ID. She had a photocopy of her old state ID and a receipt from that morning from a state office regarding her renewal ID. The security officer had to check this out, call a supervisor, they ran some sort of check and finally a supervisor from the Department of Homeland Security had to come and talk to my client. While we waited, the start time for her hearing kept getting farther behind, the client was not allowed to go into the attorney conference room with me to talk about her case. Eventually, I was able to work it so we could talk in the hall where they could see her, but we could talk confidentially. Ended up my homeless 100 pound woman client is not a terrorist - and we were allowed to have a hearing albeit rather late.

This new “requirement” to have a Social Security disability hearing seems like just another new barrier to persons seeking Social Security disability benefits. Isn’t the Social Security Administration already verifying the identity of individuals when they originally apply for Social Security Disability? I think so. When you apply for disability benefits the Social Security Administration will already require documents that prove your identity and from their own data base have ways of establishing who is applying for benefits.

If you applied for Social Security Disability and hired an attorney to represent you, you already have severe medical problems and medical expenses, plus you are no longer working and likely have no income, the last thing a Social Security Disability claimant needs to be worrying about is having to spend the day at the license office and coming up with money to get an updated photo ID.

To my knowledge there is not a single case, where someone fraudulently appeared at a Social Security disability hearing claiming to be someone they were not. It would be even more difficult for someone to apply for benefits pretending to be someone they are not, appear as that person at a hearing, and then actually get benefits. If this type of thing were actually happening, we would know about it. Opponents for the Social Security Disability system would be screaming to the high heavens about this type of fraud. We don’t hear about it because it is not happening. The requirement that a claimant for Social Security Disability be required to show a photo ID at his or her hearing is just another burden on those that need the help of the Social Security Administration and should be stopped!

Government Dedicates $21 Million To Help Disabled Americans Get Jobs

Fri, 30 Sep 2011 08:00:00 EST

In a move to help disabled Americans secure employment or full-time employment, the federal government has allocated $21 million in grants to six of states. Already, nine other states have received similar funding as part of an Obama Administration initiative to move more disabled residents off of SSDI and SSI benefits and into rewarding employment opportunities.

The United States Department of Labor has asked the states to use the grants to provide “education, training and employment opportunities and outcomes” to those with disabilities who are seeking better employment, more employment, or even part-time work. In addition, the Labor Department has asked that some funds are dedicated to cone-stop career centers that serve all of those looking for a job to ensure that disabled people who visit the centers receive specialized services. Currently, it is not clear that those centers have workers who have the information and education needed to help the disabled find work.

This plan may be a step toward the growing issue of unemployed Americans applying for Social Security Disability benefits in the wake of the recession – those who are disabled but could work if they could find only the right employment opportunities.

If you are a Texas resident who cannot work due to a disability, you may qualify for Social Security Disability benefits. Speak with a Dallas disability benefits attorney today about your case.

VA Sends Medical Examiners Abroad To Check Oversea Disabled Vets

Fri, 30 Sep 2011 08:00:00 EST

The Department of Veterans Affairs is experimenting with a new pilot program that would help disabled United States veterans get the medical exams they need in order to qualify for benefits – even if they have settled down outside of the U.S.

Currently, there are an estimated 2,000 veterans with combat-related health issues who are awaiting VA medical exams to confirm that they do indeed need VA disability benefits. Why the backlog? The VA explains that they often have to work with local doctors to complete the sometimes complex exams, and that local doctors often are not familiar with the VA medical exam process and often are hindered by the language barrier.

The VA’s new plan to examine disabled vets is to send off small parties to places with high concentrations of disabled vets and to do a marathon of medical examinations over a series of days. The first of these trips consisted of sending a doctor, a nurse, and a support person to Okinawa, Japan, where hundreds of veterans have come to live after their service.

In the future, the VA plans to send similar groups to Tokyo, Germany, and South Korea, where large collections of injured vets reside.

Are you having difficultly navigating the VA’s disability benefits program, or has your application for veterans’ disability benefits been denied? Speak to a Texas disability attorney today for immediate assistance.

SSA Adds 12 New Disabilities To Compassionate Allowance List

Fri, 30 Sep 2011 08:00:00 EST

Recognizing that those with extremely serious conditions and diseases need disability benefits and financial support immediately, the Social Security Administration (SSA) has added twelve more illnesses and injuries to its Compassionate Allowances List. The list now contains one hundred health conditions that qualify for expedited application reviews and decisions.

The 12 new diseases and conditions are:

- Aoretic Atresia
- Eisenmenger Syndrome
- Endomyocardial Fibrosis
- Heart Transplant Graft Failure
- Heart Transplant Wait List, 1A/1B
- Hypoplastic Left Heart Syndrome
- Left Ventricular Assist Device (LVAD) Recipient
- Mitral Valve Atresia
- Primary Cardiac Amyloidosis
- Pulmonary Atresia
- Single Ventricle
- Tricuspid Atresia

The one dozen new diseases and conditions that qualify SSDI applications to be fast-tracked are all illnesses of the heart – a decision that illustrates the SSA’s acknowledgement of the seriousness of heart diseases and related conditions. The new additions to the Compassionate Allowances were added during a serious of meeting in which the SSA listened to input from a variety of sources.

Other conditions on the Compassionate Allowances list include a number of cancers, early-onset Alzheimer’s disease, and other quickly-moving or fatal conditions.

If you are suffering from a debilitating condition, disease, or injury, it is vital that you receive SSDI benefits as quickly as possible – whether or not your illness appears on the Compassionate Allowances list. A Texas Social Security Disability attorney can help you navigate the application process and collect the evidence needed to prove your condition. Call us today for more information.

Dallas Disability Lawyer | Will Unemployment Benefits Hurt Me? | Texas Attorney Blog

Wed, 14 Sep 2011 08:00:00 EST

Will Unemployment Benefits Hurt My Case?
By Laura Hernandez, Esq.

Receiving unemployment income benefits while your social security disability case is still pending can be problematic. On one hand, in order to receive unemployment income benefits you are required to hold yourself out as ready, willing, and able to work and you have to certify that you are actively looking for work. On the other hand, the Social Security Administration requires you to show you are not capable of substantial gainful activity. This includes not only your past work (generally, work you've done in the last 15 years) but other less physically and mentally demanding work.

When you file for unemployment income benefits and social security disability benefits what you are saying is both that you can and cannot work. In the eyes of many administrative law judges, this represents a conflict in your statements, and thus a "smoking gun" to your lack of credibility, which can be used to deny your case.

SSA's policy is this: receipt of unemployment income benefits does not necessarily bar social security disability benefits but SSA does consider it when deciding whether you are disabled or not. Former Chief Administrative Law Judge Frank A. Cristaudo issued two "policy" statements on November 15, 2006 and August 9, 2010 in which he stated the following:

"Receipt of unemployment benefits does not preclude the receipt of Social Security disability benefits. The receipt of unemployment benefits is only one of many factors that must be considered in determining whether the claimant is disabled. See 20 CFR 404.1512(b) and 416.912(b)."

In my experience, many social security claimants who receive unemployment income benefits explain they have no choice but to at least try and look for work if this is the only means by which they can maintain a place to live and put food on their table. Some judges sympathize with this plight and some don't.

Bottom line: Receiving unemployment income benefits may or may not affect the outcome of your social security disability case. Every case is different. Every judge is different. That is why it is so important for you to sit down with your attorney and discuss the facts particular to your case. In our office, my colleagues and I conduct in-person interviews of about an hour to two hours long. We take the time necessary to listen to you and explain your legal rights so that the presiding administrative law judge has all the facts that are relevant to your case.

Could the Social Security Disability Program Be Facing Insolvency?

Tue, 13 Sep 2011 08:00:00 EST

A new estimate by Congress predicts that the Social Security disability program will run out of money and become insolvent by 2017 - just six years from now. Insolvency would mean that the 13.6 million people who currently receive SSDI benefits would be in danger of losing some - or all - of their support.

What can the United States do to protect against this dire future?

In 1994, Congress reallocated money from the Social Security retirement program to the disability program to protect against insolvency, and a similar action might be necessary now. However, many experts have pointed out that the Social Security retirement program is also facing insolvency, albeit two decades down the road. When funds run out for both programs, officials say incoming payroll taxes will only pay for about 75 percent of benefits.

Why is the Social Security disability program under such stress?

Experts say that a record number of people are applying for SSDI benefits - both as the Baby Boom generation ages and as many desperate laid-off workers look for new sources of income. At the same time, many people who desperately need benefits face a long wait and a complex system.

Policymakers believe that a long-term fix won't just involve borrowing money from other programs or raising taxes - they think that the programs need major reforms.

Do you need assistance with your Social Security Disability benefits? Speak with a Houston disability attorney today about your needs.

Disability Lawyer Blog | Medication Side Effects | Texas Attorney Blog

Tue, 06 Sep 2011 08:00:00 EST

The Importance of Reporting the Medication Side Effects You Experience to Your Health Care Providers, by Jennifer L. Fry, Esq.

When talking with your doctor about the medications you take, remember that it is critical to let your doctor know what side effects you are experiencing. Medications such as those taken for cancer, heart conditions, high blood pressure, and diabetes can quite literally be life sustaining and must be taken on a daily basis. However, these and virtually all medications carry with them side effects that may significantly interfere with a person's ability to work. Documentation of the precise side effects you experience is not only helpful to receiving proper medical care from your physicians, but also critical to proving how the side effects of these medications affect your daily life and your ability to work.

What are some effective ways of ensuring the proper documentation of the medication side effects you have? There are at least a few ways to do this, all quite easy. Here are some helpful suggestions:

1. In advance of your regularly scheduled appointment, prepare a written list of the side effects you are experiencing and request that the list gets placed into your medical records for all health care providers to see;
2. Call your health care provider's office and report the side effects of your prescribed medication and request that this information gets notated in your medical chart so that it can be discussed at future appointments; and
3. Discuss the side effects you experience from each individual medication you take in detail with your doctor, nurse practitioner, or physician's assistant at your regular appointment.

Why is this at all important in your disability case? Social Security's own rules and regulations require that the effect of prescribed medications on a person's ability to work be carefully evaluated. If you are in pain and not sleeping, quite frequently your doctor will prescribe a medication to help reduce the pain level that also causes drowsiness. Even though the drowsiness you experience is not a problem and may actually help you get to sleep, this drowsiness from the medication would be a real problem for you if you were trying to work and remain alert throughout a normal work day.

Another very common example of a side effect from a medication that would interfere with work comes from the diuretic effect of many high blood pressure medications. What is a diuretic effect? A diuretic is a medication designed to rid the body of excess water, which in turn helps to lower the blood pressure of the person taking it. When these drugs work properly and the excess water is being expelled, the person has to make frequent trips to the restroom to urinate. Not only does the person taking this medication have to remain physically close to a restroom at all times, something many employers cannot guarantee, but the individual's normal work day is significantly interrupted by the need to urinate frequently.

Often during a disability hearing when someone is testifying to a specific medication side effect experienced, a judge will ask that person why this does not appear in the medical records or why this side effect has not been reported to the doctor. This situation illustrates perfectly the need for the reported side effects to be recorded in your medical records so that the disability judge can see that you do indeed have these problems. A judge is quite likely to be persuaded by what your health care professionals write about you in your medical records.

Open communication with your health care professionals and your insistence that these side effects get documented in your medical records can help fix this potential problem. Being proactive about this will not only aid your doctor in formulating the very best treatment plan for you by making the appropriate adjustments to your medications, but will also help to establish to a Social Security judge's satisfaction exactly why you are unable to work.

Disability Lawyer Blog | What to Expect at Your First Meeting | Texas Attorney Blog

Tue, 30 Aug 2011 08:00:00 EST

What to Expect for Your First Meeting with a Morgan & Weisbrod Attorney
By Carolyn J. Shulman, Esq.

Many people whose disability benefits are denied by the Social Security Administration make the wise decision to hire a licensed attorney specializing in Social Security disability claims to guide them through their appeal. However, the vast majority of those people have never worked with or sometimes even met an attorney. The notion of going to see a lawyer might make some clients a little bit nervous or uneasy, especially if they are not sure what to expect during the first meeting. Here is a little information about what will happen when you meet your attorney to discuss your case.

In the Houston office, we typically meet with you face to face about four to five weeks before your hearing takes place. This meeting usually lasts about one and a half to two hours, depending on the complexity of your case. (In Dallas, the attorneys might have two separate and shorter meetings with you before the hearing. In Houston, we cover all the same information in one longer meeting and call you the day before the hearing to review things.) You are welcome, and encouraged, to bring a family member or friend with you to this meeting. While we greatly prefer to meet our clients in person, if you have no transportation or live too far away from our office, we will conduct this meeting over the telephone.

When I meet with a client, I first explain how the Social Security disability process works, from the time you filed your initial application to the steps the Administrative Law Judge considers when determining whether you are disabled. Next, I ask many questions about your educational background, work history, physical and/or mental conditions, symptoms, treatment history, daily activities, and most importantly, how your various medical problems interfere with your ability to work. We will also discuss what to expect at the hearing, how to talk to the Judge, and things you can do to strengthen your case. What you discuss with your lawyer is strictly confidential and protected by the attorney-client privilege.

Because we need to discuss so much information for your case, there are a few things you can do to help this meeting go smoothly:

* Bring a list of the medications you are currently taking, including the dosage instructions.

* Bring a list of the doctors you have seen since you stopped working. Include the doctor's first and last name, office address, and phone number if you have it.

* Try ahead of time to recall the various jobs you have performed in the last 15 years. Think about the various duties you had to perform in these jobs, especially the more physical aspects (like how much weight you had to lift and whether you performed the job mostly seated or on your feet)

* Take note of about how long, on average, you can stand in one place, walk, and sit in an upright
position at one time. Also take note of about how much weight you can lift and carry - not on your
best or your worst day, but on average.

* Write down ahead of time any questions or concerns you wish to discuss at your meeting.

My colleagues and I at Morgan & Weisbrod strive to make our clients feel comfortable. You can expect to be treated with respect and dignity as we work with you to learn your story and gather information about why you can no longer work. We will listen to your concerns, explain the legal process, do our best to answer all of your questions, and provide you with suggestions to strengthen your case and make your hearing go smoothly. We understand how important your claim is and want you to leave our office knowing you made the right choice in entrusting it to us.

Two Upcoming Texas Events Will Help Veterans Learn About Benefits

Wed, 24 Aug 2011 08:00:00 EST

Two fairs in Texas this week – one in Corpus Christi and one in Live Oak – are offering veterans from around the state a chance to learn about possible support and benefits available to them after their discharge from the military.

On Wednesday, August 17, from 4 to 7 p.m. at Texas A&M University-Corpus Christi, veterans’ advocates and the Texas Veterans Commission will assist attendees with information regarding veteran education, veteran housing, and veteran home improvement. The fair will be held in the University Center's Lone Star Ballroom.

On Saturday, August 20, from 10 a.m. to 1 p.m., a veterans' fair at the Live Oak Civic Center will focus on getting veterans help with finding employment, securing veterans’ disability compensation, getting veterans approved for home loans, and taking advantage of other benefits available to them.

All too often, veterans simply don’t know that there is assistance available to them – and that there are a number of state and federal organizations (as well as non-government and non-profit organizations) geared toward making certain that veterans have the support, education, and information that they need in order to be successful after their return from service.

If you are veteran living in Texas who needs more information regarding securing veterans’ disability benefits, speak with one of our Houston disability claim attorneys today.

Obama: Companies Who Hire Disabled Vets Will Get Tax Credit

Fri, 19 Aug 2011 08:00:00 EST

Last week at the Washington Navy Yard, President Barack Obama once again addressed the problem of veteran unemployment – informing listeners that a number of new changes will take place to help both veterans who come back from active duty unharmed and those who now struggle with mental and physical disabilities to find employment and peace. He spoke to a crowd of hundreds, backed by a number of recent veterans who have struggled to support themselves after returning from Iraq and Afghanistan.

Specifically, Obama said that he would like to see the private sector hire one hundred thousand veterans in the next two years – and that the two keys to accomplishing this goal would be “reverse boot camp” job training for those returning from overseas as well as a significant tax break for companies who hire disabled veterans.

The private sector tax incentives would award companies with between a $2,400 credit and a $9,600 credit for hiring unemployed veterans. The largest tax credits would go to companies who hired veterans with service-related disabilities who have been unemployed for over six months. The administration says that they believe the new program will cost $120 million in the next two years, though they would be happy if they needed to pay out more – because it would mean veterans were getting the work opportunities they deserve.

Dallas Disability Lawyer | Don't Just Tell the Nurse you are "Fine"!

Fri, 19 Aug 2011 08:00:00 EST

Don't just tell the nurse you are "fine"!
by Michael T. Kelly, Esq.

Too often I find claimants do not understand the function of nurses and other assistants in a doctor's office. This is especially true here in Texas where we are taught early on to be polite to others. So, when the nurse comes to the waiting room to call the patient in for his or her visit, there is always the same exchange: "Hello, Mr./Ms. Smith. How are you doing today?" The patient's answer is usually the same: "Fine, how are you?"

Whether you realize it or not, this conversation is the first step in assessing what medical issues the doctor needs to address during the visit. In other words, the nurse is not just being polite. When you answer the question "fine" the nurse may write down, "no complaints." The doctor reading the note may determine this is just a medication renewal visit. This is especially true if he/she is a staff physician you may have never seen before at a community clinic.

So what should you say? First, start with any unresolved problems. For example, if you have a symptom such as pain that has not been relieved by medication, you definitely want to bring that to the nurse's attention. This would apply to other problems as well, such as continued depression, lack of sleep, or too much sleep. Second, you need to tell the nurse if you are having any side effects from your medications, such as drowsiness, nausea, lack of concentration, etc. Lastly, you should mention any other subject you wish to discuss with the doctor; for example, are there other treatment options, tests to be run, or a possible referral to a specialist?

Being this prepared may take some planning before you go. Think about how you have felt since the last visit with the doctor, not just the day of the appointment. Make notes and write down questions. Taking the time to do this is important, not only for your disability claim, but also for you to be more involved with the treatment of your medical condition. It will focus the doctor's attention to specific concerns, but will also better document the problems you have experienced. Remember, the doctor cannot help you if he or she does not know what is going on, and that nurse calling you back is the first and best opportunity to get their attention.

Elderly Veterans May Struggle With The Navigation Of VA's Disability System

Thu, 18 Aug 2011 08:00:00 EST

Veterans from World War II, Korea, and Vietnam may be both less likely and less able to navigate the VA system, and therefore less like to receive the support and disability benefits that they deserve. What many don’t know is that there are many people and organizations that are happy to help them – if they would only ask.

One veteran, 82-year-old Dick Spence, has his hearing aides paid for by the Department of Veterans Affairs, but even though he’s been told he qualifies for more benefits, he hasn’t sought them out because he says that the system is too complication. Another veteran, this one of World War II, is in a wheelchair and would likely be eligible for benefits – if he would only apply.

Why are elderly veterans resisting the help that they both need and deserve? There could be a number of reasons, veterans advocates explain. Some might be suffering from the affects of age and of their health issues. Some may not have access to the internet or may not know how to use the web to find resources and paperwork. Some may not have to will or the energy to cut through the red tape. And still others may be too proud to admit that they need financial support or other help.

If you are a senior veteran who believes you might deserve disability benefits or more disability benefits, don’t let the complexities of the system or other barriers stop you from getting the help you deserve. You served us bravely, now it is our time to serve you.

Navy Vietnam Veterans Struggle With Agent Orange Disability Claims

Wed, 17 Aug 2011 08:00:00 EST

They call themselves “Blue Water” veterans – members of the Navy that served on large ships during Vietnam. While they were overseas and offshore, they never set foot in Vietnam itself or toured its shallower, browner waterways. Because of this small distinction, the Department of Veterans Affairs decided in 2002 that blue water veterans should not be included in the easy approval process granted to other Vietnam vets who served over seas and were affected by Agent Orange exposure.

The distinction also mean that 67-year-old Dough DeWitt, a blue water veteran who suffers from diabetes and high blood pressure, cannot get disability benefits for what he believes are service-related health issues. While others he served with benefit from the presumption that they were exposed to the toxic mix of chemicals, DeWitt must prove that his ailments are service-related, which is difficult to do.

While a 2011 study conducted by the Institute of Medicine in the United States found that there is not a significant link between the illnesses of blue water Vietnam vets and Agent Orange, a similar study conducted by Australia found that their Navy personnel were affected by exposure to toxins in the air offshore.

If you are a Vietnam vet struggling with diabetes, heart disease, and other health issues associated with Agent Orange exposure, speak with a Texas veterans disability benefits attorney today about getting compensation and support for your conditions.

Veterans Suffering From PTSD Win Class Action Disability Lawsuit

Tue, 16 Aug 2011 08:00:00 EST

Over one thousand Iraq and Afghanistan veterans suffering from post-traumatic stress disorder (PTSD) will benefit from a class action lawsuit settlement agreed to by the attorneys at the National Veterans Legal Services Program and the United States. While some veterans involved with the lawsuit suffering from PTSD will receive VA disability benefits for the first time, others will receive an increase in benefits.

The VA benefits claim lawsuit was originally filed in 2008 and dealt with thousands of veterans who were medically discharged due to combat- and duty-related stress and trauma between 2003 and 2008. Some of these veterans have struggled for years without proper financial support following their discharge. Now, they will receive lifelong benefits retroactive to the time of their discharge, lifetime healthcare for their spouses and dependent children, life insurance eligibility, and medical costs reimbursements.

For former soldiers like Anthony Koller, who watched friends die in combat in Afghanistan, or Timothy Martin, who survived a number of firefights in Iraq before having to return home, this victory will change their lives and give them a chance to support their families and get the continuing medical care that they need.

If you are a veteran suffering from post-traumatic stress disorder, you may be eligible for veterans' disability benefits. Contact us today to set up a private meeting with an experienced attorney.

Will The Debt Ceiling Crisis Affect Social Security Disability Payments?

Sun, 31 Jul 2011 08:00:00 EST

As federal government officials including President Barack Obama and John Boehner grapple over the debt ceiling issue in Washington DC, millions of disabled Americans across the country and in Texas are worried that their SSDI and SSI payments will be affected by the national debt crisis in the coming days, weeks, and months.

According to many politicians, including the president, failing to raise the debt ceiling by the August 2 deadline set by the United States Treasury could result in higher interest rates for many loans and perhaps an interruption in veterans’ disability payments, Social Security disability payments, and other state and federal services. However, others are confident that a historic default will not take place and that a plan will be hammered out by Tuesday.

Either way, many state senators and representatives have been attempting to calm their constituents by letting them know that they doubt that Social Security payments and veterans disability will be affected by a default as these payments are considered a high priority by the federal government. In addition, Social Security money comes from a separate fund that will be solvent for at least years to come. Still, Texas lawmakers are being flooded with calls from residents wondering whether their checks will be in the mail.

Currently, Democrats are fighting to raise the debt ceiling through a combination of higher taxes and government spending cuts, while Republicans are reluctant to raise taxes.

Computer Technology May Be Key In Speeding Veteran Disability Claims Process

Sun, 31 Jul 2011 08:00:00 EST

Did you know that currently over 895,000 veterans are waiting for their disability claims to be processed? Or that more than half of those veterans have already been waiting over 125 days to get disability benefits?

As more veterans return from Iraq and Afghanistan each day, and as many aging veterans are feeling the growing effects of service-related illnesses, conditions, and injuries, the government only expects that the backlog to grow. Many veterans advocates and government authorities know that changes must be made to the claims process in order to get injured and sick service men and women the financial support they need.

How does the government plan to speed up the process? Currently, there is a bill in the House of Representatives that would attempt to accelerate how fast vets receive disability payments by swapping traditional letter correspondence with email correspondence. Although many believe that the switch will certainly help lagging application times, others worry that using email instead of regular mail may pose problems for older veterans, veterans with certain disabilities, or veterans in rural areas.

The sponsor of the bill, Bill Johnson, says that he is taking all criticism into account as he prepares the bill to go before a subcommittee. He also said that those who still wish to receive snail mail would be able to do so.

How to Choose a Social Security Disability Attorney

Wed, 27 Jul 2011 08:00:00 EST

Top 5 Questions to Consider When Selecting an Attorneyby JOHN M. DRISKILL, ESQ.

Will you be represented by an attorney at the hearing?

This may seem obvious, but it isn't. Only attorneys represent clients of Morgan & Weisbrod at their disability hearings. Some "law firms" actually have paralegals or non-attorneys represent you at your disability hearing. Unfortunately, it is not uncommon for disability claimants of some firms to show up at the hearing and only then are they informed they will not be represented by an attorney experienced in Social Security disability law. Furthermore, the attorneys of Morgan & Weisbrod believe strongly that you should have an opportunity to meet face-to-face with your attorney to discuss your disability and prepare for your hearing.

How long has the firm been in business?
Morgan & Weisbrod has been handling Social Security disability cases since 1976. We have over 75 years of combined experience representing claimants for Social Security disability benefits.

What is the firm's reputation in the community?
Ask friends or relatives who have had Social Security disability claims about whether they were satisfied with the professionalism and results of their representative. Carl Weisbrod, the founding partner of Morgan & Weisbrod, is a past President of the National Organization of Social Security Claimants' Representatives (NOSSCR). Two attorneys of Morgan & Weisbrod have been named as "Super Lawyers" by Texas Monthly magazine. Two additional lawyers have been named "Top Lawyers" by H Texas magazine.

Does the law firm carry legal malpractice insurance?
Morgan & Weisbrod is fully insured.

Are the attorneys members of the National Organization of Social Security Claimants' Representatives (NOSSCR)?
Every attorney at Morgan & Weisbrod is a sustaining member of NOSSCR and attends professional conferences sponsored by NOSSCR to ensure they are current with all aspects of Social Security disability law.

Are the attorneys Board Certified in Social Security Disability Law?
Morgan & Weisbrod has more attorneys Board Certified in disability law than any other firm in the country.

* * * *

It does not matter where your lawyer is located. A lawyer in any state can practice in front of any Social Security judge. This is even less important than it used to be because an increasing number of hearings occur by video link where the judge may be hundreds of miles away at the time.

Finding someone to handle your disability case is fairly simple. But finding the best fit for you is a different matter. Ultimately, you should choose an attorney you are comfortable with - An attorney you trust to handle what may be the most important legal matter you'll ever have to face.

Man's Frustration Boils Over Regarding Social Security Disability Claim

Fri, 15 Jul 2011 08:00:00 EST

Last week, a man frustrated with his ongoing struggle for Social Security disability benefits crashed a vehicle into the local Social Security office several times.

According to the Traverse City Record-Eagle, 47-year-old Douglas McCallum slammed his van into a Social Security Administration office in Traverse City on Sunday evening in a fit of rage. While it was not clear how McCallum was disabled, he told police that he had been trying to receive Social Security benefits unsuccessfully for the last six years. The man was arrested shortly after the incident, though formal charges are pending.

While we understand that the Social Security disability benefits process can be frustrating, there is absolutely no reason to act out violently because of application denials or delays. Violence does not solve anything; in fact, it only causes more problems. Yes, the application process can be confusing, complicated, and upsetting – but it also allows for appeals and second chances. While it certainly has its problems, the system has been created to treat applicants fairly and justly.

If you are having trouble with your Social Security disability application, stay calm and get help from an experienced lawyer. Especially if your original claim has been denied, a disability attorney can help you better understand what went wrong and whether or not you are eligible for benefits.

Obama Discusses Veteran Care During Twitter Town Hall

Thu, 14 Jul 2011 08:00:00 EST

President Barack Obama held his first Twitter Town Hall this week, covering a wide range of topics. During the session, Obama answered 18 different questions poised by Americans across the country, including two regarding returning veterans and disabled veteran care.

While discussing defense budgets and military costs, the President said, “We’ve got to make sure that we are meeting our commitments for those veterans who are coming home.” He stated that although he thinks there is room in the military budget to make cuts, spending reductions should be done thoughtfully. He cited a recent report that estimates that the cost of caring for veterans of the recent wars will not peak for three more decades.

One Twitter user asked the President: “Can you give companies a tax break if they hire an honorable discharged veteran?”

In response, Obama said that he believed that it is unacceptable that soldiers return from war and cannot find jobs. He also stated that he hoped a tax break for small companies who hire veterans is in order, as is a national campaign to encourage larger companies to consider employing more veterans. He stressed that many of the veterans returning from Iraq and Afghanistan have handled a great deal of leadership and responsibility and would be high performers when added to the workforce.

Iraq Amputee Struggles Against The VA's Paperwork Backlog

Wed, 13 Jul 2011 08:00:00 EST

You’ve likely heard of the paperwork backlog at the Department of Veterans Affairs and of the hundreds of thousands of veterans who are struggling to receive the disability payments that they deserve after serving our country overseas – but you don’t often hear the individual stories of these struggles. Here is one of them, which was covered in the Des Moines Register this month:

In 2006, 19-year-old Joel Klobnak was a Marine serving as a gunner on an armored vehicle in Iraq when an explosion shattered his left leg. After an above-the-knee amputation and six months of rehabilitation at Walter Reed Army Medical Center, he returned home to Iowa. After struggling to return to normal life and learning to live with his disability, he married, had two children, and settled down.

Until 2009, he received full disability for his lost leg, leg pain, and post-traumatic stress disorder. Then he missed one VA doctor’s appointment and his payments were cut in half. Now he is desperately struggling to appeal the decision – a process that has already taken over a year. During that time, they have relied heavily on family members for financial support. Currently, he is in pain and his leg needs surgery, but he is afraid of having to pay for the bill.

Klobnak is far from alone, and his case is not an anomaly. If you are struggling to secure veterans disability benefits, or if you believe you deserve more benefits, speak to a disability attorney today about your case.

VA Secretary: We Will Cut Disability Claims Wait to 125 Days by 2015

Fri, 10 Feb 2012 08:00:00 EST

On January 24, VA Secretary Eric Shinseki spoke to the United States House veteran affairs’ subcommittee on disability assistance about why the veterans’ disability backlog is growing and what the Department of Veterans’ Affairs plans on doing to fix it.

Shinseki stated that the main goal currently is to shave the VA disability application process to 125 days by 2015. The main way they believe they can accomplish this goal is through switching over to an electronic claims processing system available on VONAPP Direct Connect (VDC).

While some lawmakers agreed that going electronic was the right choice, others questioned whether the new system had the potential to slow down disability benefit applications, especially at a time when tens of thousands of troops are returning from Iraq and Afghanistan.

Shinseki also discussed the VA’s plan to revise and update the VA Schedule for Rating Disabilities (VASRD) by 2016. During this revision, the organization will examine the entire system, updating service-related conditions, adding new information, and making sure that the system is as fair as possible.

The number of veterans’ disability benefit applications has soared in the last ten years. The increase in claims is tied both to the ongoing wars in the Middle East as well as the aging population of baby boomers who served in Vietnam.

WWII Veteran Receives 56 Years of Veterans' Disability Payments

Tue, 07 Feb 2012 08:00:00 EST

After decades of living with a disability and years of fighting the system, a World War II veteran has successfully won veterans’ disability benefits and will receive 56 years worth of payments.

According to the New York Times, 88-year-old Leroy MacKlem joined the Army in 1943 and served during the invasion of Italy. During his time in the service, he developed a chronic, painful hip injury that forced him to return home.

Between 1944 and 1950, after his medical discharge, MacKlem received veterans’ disability benefits and a 20 percent disability rating. However, the Veterans Administration cut off benefits after concluding that his hip injury was likely related to a car accident that took place before he enlisted.

In 2006, MacKlem contacted a veterans’ disability lawyer and asked to appeal his case – his hip pain wasn’t present when he enlisted, and his hip arthritis didn’t develop into a debilitating condition until basic training. A year later, he received notice that the VA was reversing their decision. He would receive 56 years of disability payments in a lump sum of about $400,000.

In the next two years, his case would be heard by several appeals courts regarding whether he deserved the payments and whether the federal court’s “extraordinary award procedure” decision in 2009 was legal. Finally this month, a federal appeals court said that he would be repaid everything. MacKlem told reporters that he’d believe it when he sees it.

Medical Schools Announce Initiative to Focus on Veterans' Disabilities

Mon, 06 Feb 2012 08:00:00 EST

There is good news this week for disabled veterans returning from the wars in Iraq and Afghanistan: more than 100 medical schools and osteopathic medical schools have announced a new initiative that will increase their overall focus on common combat-related ailments.

First Lady Michelle Obama and Jill Biden were present for the announcement at Virginia Commonwealth University in Richmond, a school that has taken the lead on traumatic brain injury (TBI) research in recent years. At the event, which was attended by officials from the nearby Hunter Holmes McGuire VA Medical Center Veterans Affairs Hospital, Obama shared shocking numbers: as many as one in six veterans suffer from post-traumatic stress disorder (PTSD) and tens of thousands have returned home with a brain injury.

Now, the Association of American Medical Colleges and the American Association of Osteopathic Medicine are teaming together to make sure that future medical students know more about these two common war-related health issues so that our disabled veterans receive the best care possible after their return home. The initiative solidifies the two associations’ commitment to researching both PTSD and TBI, as well as a new commitment to stressing the issue about the two disabilities in schools.

Obama closed by reiterating that the nation has a responsibility to care for the returning veterans and their families – and that by studying and researching PTSD and TBI, medical students can do their part.

Arlington, Texas Thrift Store Benefits Disabled Vets

Tue, 31 Jan 2012 08:00:00 EST

A new thrift store has opened in Arlington, Texas – and it has a mission greater than supplying shoppers with second-hand finds. This store is in business to serve the needs of others – a rare find in today’s profit motivated business world.

The second-hand store was founded by Randolph Brown, a Vietnam veteran who wants to help other vets in the area, both by employing them at the shop and donating to their cause with profits from the store.

Brown ended his career with the military in 1988. When he returned to civilian life, he found that there was no job waiting for him and that he was unprepared to search for employment. At the same time, he struggled to get approval for veterans’ disability benefits. Years later, Brown now wants to help other veterans find success after service. He hopes that the money raised from the thrift store will go to Veterans Administration services, education services, housing, counseling, and other veterans programs.

Those who wish to volunteer at the store or to help establish the thrift store business should contact the shop and help make a difference. Brown is ready and willing to put anyone to work who shares his passion for helping veterans.

The Arlington Veterans Thrift Store is located at 1304 West Arkansas Lane in Arlington, Texas. It is open from 9 a.m. to 6:30 p.m. Monday though Friday and until 5 p.m. on Saturday and Sunday.

Veteran Donates Disability Check to Local Homeless Vets

Tue, 31 Jan 2012 08:00:00 EST

A man who has already bravely served his country has now turned to serving his brothers and sisters in arms after they have returned from war.

According to local news sources, Navy veteran Shane D’Onofrio donated 100 percent of his veterans’ disability check to help other disabled vets in his hometown – vets that need the money even more than he does. The disabled vet started non-profit organization What Would U Give three years ago and now donates his $1,700 disability check to the organization each month.

D’Onofrio believes that the best way to help disabled veterans returning from war is to help them explore their talents and interests – and to reenter the workforce doing something that is a passion. Many, he said, are drawn to continuing to serve others as they did during active duty in the military.

In addition to helping disabled veterans get an education and find jobs, D’Onofrio also fights against disabled veteran homelessness. A metal structure in his backyard has sheltered 25 disabled veterans in the last year – supplying veterans with a place to sleep, a kitchen, a computer lab, a workshop, and a food warehouse. To donate to What Would U Give, visitors can visit the Foundation’s website.

Senator Wants Social Security Law Firm Cases Reviewed by SSA

Mon, 30 Jan 2012 08:00:00 EST

After the Wall Street Journal published an investigative piece about disability benefits law offices that withhold pertinent medical information from the Social Security Administration (SSA) and use non-lawyers as claimant advocates, Oklahoma Senator Tom Coburn has asked the SSA to investigate the largest of these law offices.

In the newspaper article, five former employees from the national disability benefits law firm Binder & Binder came forward to say that the law office was marking harmful medical evidence in cases with red flags and keeping that information from being reviewed by administrative law judges. While keeping this information from judges increases their clients’ chances of winning disability benefits, it is also a violation of federal law.

Coburn, a Republican who sits on the Social Security subpanel, stated that the firm’s potentially fraudulent policies could mean that thousands of people may be improperly receiving disability benefits.

In response, the SSA says that it will publish a new disabilities benefits policy that will keep large Social Security firms that utilize non-lawyers in check in the future – but they will not call out specific services or companies in the rules revision. Reviewing cases involving Binder & Binder would slow down the already backlogged system, as the national law firm assists with as many as 10,000 disability benefits cases per year.

Four Veterans Walk 100 Miles to Raise Awareness for Wounded Vets

Sun, 29 Jan 2012 08:00:00 EST

Four United States Army veterans spent four days walking the streets of Jacksonville, Florida, raising funds and raising awareness for a non-profit organization, the Wounded Warrior Project. Over the four days, the veterans walked over 100 miles from West Palm Beach to Homestead.
Staff Sgt. Lewis West, Staff Sgt. Stephen Murphy, Sgt. Katrina Taylor and Sgt. Larry Maroto walked along U.S. 1 taking turns pushing an empty wheelchair symbolizing a wounded veteran and carrying two flags: a white wounded warriors flag and a United States flag that was flown in Afghanistan.
The group stopped their walk on Thursday to participate in the Solider Ride in Miami Beach, where cyclists rode to support the Wounded Warrior Project. They also visited the Bruce W. Carter Department of Veterans Affairs Medical Center.
All in all, the group had a goal of raising $5,000 along their walk. By the last day, they had all but $1,500 collected.
The Wounded Warriors Project strives to increase public awareness of veterans with disabilities and collect aid to fund unique, direct programs to help disabled veterans become successful and well adjusted after service. Programs include peer mentoring, health and wellness services, combat stress recovery services, family support services, career services, and education services.

Man Receives Prison Time for Social Security Disability Fraud

Sat, 21 Jan 2012 08:00:00 EST

This week a judge ordered a 58-year-old man to two years in federal prison and to pay back thousands in restitution after he was found guilty of stealing disability benefits.

According to local news sources, Nelson Vazquez collected over a half-million dollars in Social Security disability benefits between 2003 and 2010 while he was simultaneously running an accounting firm full-time.

The accountant received Social Security disability payments between 1976 and 2000 for an undisclosed disability, but a medical review ten years ago found that he was healthy enough to work. He reapplied for disability benefits in 2003 and was approved – even though he was the head of a business at the time.

U.S. Treasury investigators found that he should not have received disability payments between 1976 and 2000 nor between 2003 and 2010. U.S. District Judge Larry Hicks presided over the case.

Vazquez pleaded guilty to theft of government funds and will spend two years in federal prison followed by three years of parole. He will also be asked to pay back the $525,000 he collected over the last seven years. He will report to prison for his crimes in March.

The Texas disability benefits attorneys at Morgan & Weisbrod are always saddened to hear about cases of Social Security disability fraud – these cases hurt all disabled Americans as well as anyone who pays into the Social Security program.

Unarmed Veteran Shot by Police in Metro Had PTSD, Widow Says

Sat, 31 Dec 2011 08:00:00 EST

Earlier this month, Las Vegas police shot and killed an unarmed man in a parking lot after he rammed his car into cruisers. While police were attempting to apprehend the man through non-violent means, one officer fired multiple bullets after another officer shot out the window of the car with a beanbag gun.

Now, the history of the man is coming to light. The 43-year-old Gulf War veteran, Stanley Gibson, was desperate for help in many aspects of his life and reached out for assistance in the months, weeks, and days before his death. The veteran suffered from both post-traumatic stress disorder (PTSD) and cancer, both of which he believed resulted from his time serving in the military.

Recently, his veterans’ disability benefits had been cut significantly despite his diagnoses and he and his wife were evicted from their home. At the same time, Gibson continued to struggle with depression, anxiety, and pain. A friend reported that he had tried to commit suicide twice earlier this year.

Gibson reached out to VA doctors, veterans’ advocates, and a local newspaper about his issues, while his wife told reporters that his behavior had deteriorated in the weeks leading up to his death. He had run out of anxiety medication and had been arrested for a confrontation involving VA doctor just days before the shooting incident.

Man Faces Prison After Committing Veterans' Disability Benefits Fraud

Sat, 31 Dec 2011 08:00:00 EST

A Navy veteran will spend time in prison and face thousands in restitution payments after he was convicted of defrauding the United States Department of Veteran Affairs. He was accused of submitting dozens of fraudulent forms to the VA regarding his medical care over the past four years.

According to local news sources, 44-year-old Sergio Guaderrama has been sentenced to six months in prison followed by three years of supervised release in relation to his veterans’ disability fraud. In addition, the man will need to pay over $20,000 that he wrongfully received from the government through false claims and reimbursements.

When receiving medical care at a VA hospital in Madison, he submitted 54 false claims for travel reimbursement that stated that he was living in Chicago and driving to Wisconsin for care. In addition, he submitted over 30 other false medical claims to Veterans Affairs. He also submitted a false marriage certificate that stated that he and his girlfriend were married so that she and her children could receive medical care through the VA. Finally, he lied in order to receive disability benefits for his girlfriend and her children.

The Navy veteran pleaded guilty to the charges.

Accident Victim Struggles for Disability Benefits for Seven Years

Sat, 31 Dec 2011 08:00:00 EST

This month, the Jacksonville Times-Union featured a man who has struggled for years regarding automobile accident injuries and mental health issues. Despite the health issues that have left him unable to work, he has tried in vain to receive Social Security disability benefits since 2005.

Years ago, 55-year-old Douglas Phillips was a successful stockbroker with a bright future ahead of him. However, a hit-and-run car accident left him with a chronic back injury and chronic pain. Then a second car accident exacerbated the issue and he was diagnosed with Facet syndrome, a chronic pain condition that left him unable to sit at his desk for more than a few minutes at a time. Although he tried to switch careers several times to support himself despite his medical condition, he was simply in too much pain.

More recently, he has been diagnosed with anxiety, depression, and bi-polar disorder – all making it even more difficult for him to hold down a job. For the last six years, he has drained his savings account and his retirement account to pay his meager living expenses.

Although Phillips applied for Social Security disability in 2005, his application for benefits was rejected. While he’s been fighting the Social Security Administration’s decision, he has no idea what the outcome will be or how long the appeal will take.

Until then he waits in pain, his future uncertain.

Young Veterans Return Home To Poor Job Market, Disabilities

Thu, 29 Dec 2011 08:00:00 EST

Last week, President Barack Obama declared the Iraq War over. With the end of the 10-year conflict, thousands of veterans are returning home and beginning their lives as civilians. However, although all are glad to be home with their families, many face a tough job market made even tougher due to physical and mental disabilities received in combat.

According to the New York Times, the unemployment rate for veterans between the ages of 20 and 24 is 30 percent – more than twice the rate for others in that age bracket.

Why do returning servicemen and women have more difficulty finding jobs that other people their age? For one thing, many have a skill set that employers don’t know how to translate to their companies. For another, many soldiers joined the military out of high school or college and have never had to apply for a job.

Another huge issue for unemployed veterans, though, is that tens of thousands of them suffer from war-related disabilities, from severe physical limitations to a range of mental illnesses like post-traumatic stress disorder (PTSD). In some cases, employers may assume that military applicants struggle with PTSD issues that may affect the quality of their work or their reliability. In other cases, veterans who do struggle with depression, anxiety, and related issues find it difficult to hold down a regular job and return to life after Iraq.

To explore the options for Texas disability benefits, contact Morgan & Weisbrod.

Proposed Bill Would Fight Social Security Disability Fraud By Payees

Sat, 03 Dec 2011 08:00:00 EST

United States Senator Bill Casey proposed a new bill this week that would make it more difficult for the representative payees of Social Security disability beneficiaries to steal disability checks or commit Social Security fraud.

The bill comes just weeks after authorities discovered four mentally disabled people being held captive in an apartment building basement – they were malnourished, filthy, restrained, and confused. Fifty-one-year-old Linda Ann Weston and three others have since been arrested and charged with kidnapping and other offenses. Officials believe that the woman was imprisoning the four people while collecting their Social Security disability benefits.

Currently, the millions of representative payees must tell the Social Security Administration (SSA) about past criminal convictions (Weston served a decade in prison after starving a man to death) but the information is self-reporting.

The new bill proposed by the Pennsylvania democrat would give the SSA access to criminal histories through databases like the FBI’s National Crime Information Center system and better prevent past lawbreakers from serving as payees. In addition, the bill would allow the SSA to hire more Social Security disability fraud investigators to perform background checks and pursue suspicious cases.

Casey says that the bill will be introduced to the United States Senate in 2012.

Some Returning Veterans Don't Know about VA Disability Resources

Wed, 30 Nov 2011 08:00:00 EST

Veterans returning from Iraq and Afghanistan have the support of a large number of programs and organizations tailored to help them readjust to civilian life, find employment, and prosper after their service is complete. However, many veterans are unaware of the services that could help them most or the benefits that they qualify for.

As tens of thousands of troops return from their service overseas, many are overwhelmed by their lives when they return home – some are disabled, others lack jobs skills, and others are no longer used to the home life they left behind. Many are ignorant to the fact that there are programs and services that have been created to help them get job training, take college classes, buy a home, get medical assistance, or simply readjust to life in the United States.

Disabled veterans especially have a wide array of programs and services, such as services to help them secure the veterans’ disability benefits that they deserve.

Where should veterans looking for assistance after returning home turn? A good place to start is a county veterans service officer – someone who is trained specifically to connect them with programs and organizations that can help. In addition, veterans can browse the military’s Turbo TAP website, which is designed to help veterans transition back to civilian life.

Cancer Patient Lives in Camper Awaiting SSDI Benefits Appeal

Wed, 30 Nov 2011 08:00:00 EST

After a cancer diagnosis cost 54-year-old Kim Paul Carter almost everything, the man is still surviving – and still waiting on Social Security disability benefits that could help him stabilize his life and let him focus on fighting his disease.

Two years ago, Carter was diagnosed with multiple myeloma – a bone marrow cancer. Since then, he has been forced to stop working at his carpentry business, he has lost his home, and he has spent his life savings. Currently, he is living in a camper on a square of land and scraping by through the charity of others. As he undergoes chemotherapy and fights for his life, he is too often worrying about where he will get money to pay for the gas that runs his generator or how he will pay for phone service.

Carter applied for disability benefits 18 months ago, but his claim was rejected due to some paperwork errors. Although Carter appealed the SSA’s decision to deny his disability benefits, he has yet to have his claim approved. With higher numbers of disability applicants – due to the poor economy and the aging Baby Boom generation – it could take months more before Carter even hears an answer.

Carter hopes that when he is approved, he will receive retroactive disability payments that will help him to afford an expensive stem cell treatment that could save his life.

Helping Employ Veterans: VOW to Hire Heroes Act Signed into Law

Wed, 30 Nov 2011 08:00:00 EST

On November 21, President Barack Obama signed the VOW to Hire Heroes Act of 2011 into law – a piece of bipartisan legislation crafted to fight against unemployment among veterans.

Sponsored largely by Representative Jeff Miller, the Chairman of the House Committee on Veterans’ Affairs, the new act will strive to help a wide range of veterans secure and hold jobs, from young men and women returning from Iraq and Afghanistan, to Vietnam vets who have lost their jobs due to the economy, to disabled veterans who may face special barriers when seeking employment.

Specifically, the VOW to Hire Heroes Act will provide disabled veterans who have exhausted their unemployment benefits with up to one year of additional VA Vocational Rehabilitation and Employment benefits. In addition, it will provide employers who hire veterans and disabled veterans with significant tax credits.

The new act will also expand the Transition Assistance Program (TAP), which is designed to help returning military personnel successfully re-enter civilian life and find success in a competitive job market.

Finally, the new veterans’ legislation will ask the Department of Labor to examine how to better apply the military skill set to civilian jobs – and how veterans can secure the licenses and certifications they need for skilled positions more quickly.

Silver Star Veteran Waits for Disability Benefits, Faces Foreclosure

Tue, 29 Nov 2011 08:00:00 EST

Decorated Afghanistan war veteran Dan Foster has been forced to live off of the charity of others for months as he waits for much-needed veterans’ disability benefits.

Foster was serving guard duty in Afghanistan in the spring of 2010 when he stopped a truck filled with explosives from hitting its target. The vehicle exploded and Foster’s face, mouth, and teeth were hit with shrapnel. Still, the soldier fought on and stopped another suicide bomber from harming the troops. For his bravery and for the injuries he sustained, the man was awarded a Purple Heart and a Silver Star.

Now home, however, Foster lives with his father and patiently awaits the veterans’ disability benefits that he applied for months ago. His teeth are still broken from the enemy blast and he suffers from a related head injury – but he isn’t receiving the medical care he needs and deserves. At the same time, his family’s home faced foreclosure.

When the Department of Veterans’ Affairs continued to delay his claim, Foster reached out to his local community. Soon, neighbors and community members jumped into action and raised enough money to save his home. However, his teeth are still in need of repair and his benefits have yet to arrive.

As of now, the soldier plans on repaying those who gave to his cause.

Four Mentally Disabled People Held Captive for Social Security Checks

Thu, 17 Nov 2011 08:00:00 EST

Three people have been arrested after a landlord found four mentally disabled people locked in the basement of one of his buildings - with one man chained to a pipe. An initial investigation by police has revealed that the people had allegedly been kidnapped by a woman who was cashing their Social Security disability checks.

According to national news sources, 51-year-old Linda Weston, 47-year-old Gregory Thomas, and 49-year-old Eddie Wright were all involved in the crime, which apparently involved meeting mentally disabled individuals and holding them captive. The four who were found last week were living in deplorable conditions and were found to be malnourished. Hungry, thirsty, and confused, they were taken to the hospital for treatment.

Police are concerned that these four captive were not Weston's only victims. During a search of her residence, they found documents such as drivers' licenses, power of attorney forms, and other identification belonging to at least fifty other people. It is unclear why Weston has this information or whether it is possible that these people were kidnapped in the past or currently captive in another location.

Weston served eight years in prison twenty years ago after locking a man in a closet until he starved to death. Anyone who knows more about this case is asked to contact the people with their information.

Widows Sues VA After Veteran Husband With PTSD Commits Suicide

Mon, 31 Oct 2011 08:00:00 EST

The widow of an Iraq War veteran who committed suicide in 2008 has filed a lawsuit against the Department of Veterans Affairs alleging that her husband received substandard mental health care after his return from combat. The solider, Scott Eiswert, was denied veterans disability benefits for his post-traumatic stress disorder (PTSD) three times in the three years after his return from war.

According to the lawsuit filed by Tracey Eiswert, her husband was exposed to several traumatic events while serving in the military, including a roadside bomb incident that killed 93 people. When he returned to the United States and was honorably discharged, he reported suffering from depression, anxiety, sleep disturbances, and extreme irritability. In addition, he had difficultly holding a job and communicating with his family.

Eiswert sought counseling and veterans' disability benefits in the years after his military service. However, his benefits were denied each time because of issues with his application - such as not providing enough detail or not referring to the correct Diagnostic and Statistical Manual. Eiswert's condition deteriorated and he took his own life in three years after he was discharged.

His wife believes that the VA had a responsibility to do more to help her husband after his return, and that his disability benefits should not have been denied in such a manner. Since his death, the VA has changed the process in which soldiers with PTSD are treated when applying for disability benefits.

Disabled Vet with PTSD Shares Story with President Obama

Sat, 29 Oct 2011 08:00:00 EST

An Afghanistan war veteran who struggles with post-traumatic stress disorder (PTSD) and survivor's guilt syndrome met with President Barack Obama and First Lady Michelle Obama this week to discuss his thoughts on disabled veterans, employment, and moving forward after combat.

Former Army Explosive Ordnance Disposal Unit member Brian Sullivan was selected as one of four veterans to meet with the president after he spoke about disabled veteran employment at Joint Base Langley-Eustis. He was simply asked to share his story.

A member of the military since the early ‘90s, Sullivan served two tours in Afghanistan, where his job was to find and disable IEDs and roadside bombs. During his time in war, he was under extreme stress and saw friends and colleagues die. Finally, he had to leave the military after a leg injury.

After his return to the United States, he began noticing the classic symptoms of PTSD - his emotions were out of control, he was unemployed, and he didn't know how to move forward with his life. Only after he was diagnosed with PTSD and began treatment was he able to land a good job, reconnect with his wife and four children, and find peace within himself. Now, he prides himself in hiring wounded veterans at his workplace and helping them in whatever ways he can.

Lesbian Veteran Denied Disability Benefits Increase After Gay Marriage

Fri, 28 Oct 2011 08:00:00 EST

A disabled veteran is going to federal court after the Department of Veterans Affairs denied her and her spouse of the disability benefits given to other married couples in similar situations. The Navy veteran is not getting full disability benefits because she is married to a woman.

Carmen Cardona, 45, legally married her same-sex partner in Connecticut last year. However, although her union is recognized by the state, it is not recognized by the federal government because of the Defense of Marriage Act (DOMA). While other veterans receive more compensation if they have a spouse, Cardona and her family have been denied these benefits. She is suing in the Court of Appeals for Veterans Claims, stating that DOMA is not constitutional.

The veterans' disability claim lawsuit comes just weeks after the end of "Don't Ask, Don't Tell," and at a time when more and more states are legalizing same-sex marriage. While this is the first time that DOMA has been fought in the Veterans Claims court, it is not expected to be the last, according to legal experts and gay rights advocates.

Cardona was a Naval officer for 18 years and was honorably discharged 11 years ago. She suffers from carpal tunnel syndrome and has an 80 percent disability rating. When she married her partner of 9 years in 2010, the VA denied her request for increased benefits.

Have you been denied the VA benefits to which you are entitled? Contact a Dallas disability benefits lawyer at Morgan & Weisbrod today.

Disabled Vietnam Vet Wins Appeal Against Insurance Company

Thu, 27 Oct 2011 08:00:00 EST

A Vietnam veteran, who was receiving disability benefits from both the VA and from his employer's long-term disability insurance company, has won a court case regarding this compensation.

According to the Associated Press, 56-year-old James Riley won an 8th U.S. Circuit Court of Appeals case this month after his long-term disability insurance carrier, Sun Life, claimed that he could not receive benefits from both the Department of Veterans Affairs and from them.

Riley served in the Vietnam War forty years ago, where he was ultimately diagnosed with multiple sclerosis. The degenerative disease forced him to quit his job in 2005, at which point he began receiving disability compensation through his employer. When the insurance company discovered that he was also receiving VA disability compensation, they reduced his benefits and demanded that he pay back $21,000.

While the company argued that the insurance policy stated that Riley must report other sources of income, such as Social Security Disability Insurance, the panel of three appellate court judges stated that veterans' disability compensation is not similar to the other disability and retirement programs listed in the policy.

Riley, who has not received payments from Sun Life in the last four years, was satisfied with the court's decision.

SSDI Case Closures Suddenly Halt for One Week in Between Fiscal Years

Sat, 15 Oct 2011 08:00:00 EST

Because of the aging Baby Boomer generation and high unemployment rates, the Social Security Administration (SSA) has been faced with an unprecedented number of new disability benefits applications and an alarming backlog of cases. However, the SSA allegedly told some employees and judges to hold off on approving cases last week because of an odd glitch in the fiscal calendar.

Because of a somewhat rare gap in between fiscal year 2011 and fiscal year 2012, there was a floating week in government agency calendars in early October that did not belong to either year. As a result, Social Security disability benefits case decisions made during that week would not count toward either year and would not help the SSA meet targets or quotas. In some regions, employees say that they were specifically told not to dispose of cases last week, while in other regions the SSA allegedly implied that workers should not complete cases. On Monday, only 230 cases were closed, as opposed to the normal 3,000.

While SSA officials may have benefited from delaying cases, the disabled across the country - many of which have waited months or years for financial relief - did not. A spokesperson for the SSA released a statement that stressed that judges holding cases this week were not following official orders, but some judges responded that they were indeed ordered to do so.

According to the Wall Street Journal, an estimated 750,000 Americans are awaiting a decision regarding Social Security disability benefits.

Do you have questions about your eligibility for Social Security disability benefits? Contact the Texas Social Security disability attorneys at Morgan & Weisbrod to schedule a free consultation.

Bomb-Hunting Vet Still Waiting For Disability Benefits After 3 Years

Fri, 30 Sep 2011 08:00:00 EST

Is the system letting down patriotic veterans like Ron Smith, who bravely served our country but now suffers from a debilitating mental illness that prevents him from living his best life and supporting his family? Let’s take a closer look at one soldier’s story.

Rom Smith has completed three tours in Iraq and Afghanistan during which he had one of the war’s most dangerous and stressful jobs: bomb hunting. By the time he returned to the United States in 2008, he noticed that he was having trouble controlling his drinking, having trouble relating to others, and having trouble controlling his anger toward everything.

Under severe duress, the vet went to the Veterans Affairs Medical Center, where specialists quickly diagnosed him with post-traumatic stress disorder (PTSD). He applied for VA disability benefits soon after.

Three years later, Smith is still waiting for an answer from the VA. He is raising a one-year-old son alone and can’t find a full-time job in his area. Desperate for support and still struggling with the debilitating symptoms of PTSD, he has accepted help from a veterans charity group but is still only barely getting by.

During the past three years, his local Veterans Affairs office has been waiting through thousands of backlogged disability cases. Although they have gotten through the vast majority through several desperate measures, Smith still waits.

Vietnam Vet Shot Self In Leg To Collect Disability Benefits

Fri, 30 Sep 2011 08:00:00 EST

A Vietnam veteran has been stripped of his Purple Heart medal and sentenced to one year in jail after he allegedly shot himself in the leg twenty years after his service in order to collect veterans’ disability benefits.

According to local news sources, 57-year-old David M. Perelman served in the Air Force during Vietnam in 1971. Twenty years later, he accidentally shot himself in the thigh and suffered serious injury that has him walking with a cane even today. Shortly after shooting himself, the man filled out paperwork that granted him a Purple Heart and VA disability benefits. For the next number of years, he collected $180,000 because of his false claims and wore his medal to veterans functions.

Perelman, who was actually an employee of Veterans Affairs when the truth of his story came out, said that he was sorry for his actions. He has been sentenced to a year in prison under the 2005 Stolen Valor Act, which outlaws false tales of military bravery. He pleaded guilty to the unlawful wearing of a medal and to defrauding the federal government.

When so many deserving veterans are in desperate need of financial support and medical care following their service, it is truly sad to hear about a veteran taking advantage of the programs and resources put in place for wounded vets.

Social Security Has Paid Over $40 Million to Dead Recipients

Sun, 25 Sep 2011 08:00:00 EST

Recent concerns over the how long Social Security will remain solvent have many policymakers and Americans wondering how we can reform the program and make certain that the elderly and disabled will continue to receive financial support in coming years. A new report issued by the Social Security inspector general has revealed that the program issues millions of dollars each year to the dead.

According to CNN and other news sources, some deceased SSDI recipients can receive payments for months or years after passing - costing the country and the Social Security Administration precious funds. Even when the Social Security Administration (SSA) is informed of a mistake, checks can keep coming. So far, the SSA estimates that it has sent over $40 million in erroneous payments to the old addresses of deceased former recipients.

Normally, a family will notify the SSA when their relative passes and the deceased person's information is entered into something called the Death Master File. However, this information is entered manually and mistakes are not uncommon. In fact, the SSA believes that about one in 200 death notifications are incorrectly entered into the database.

This issue is just one of many serious problems with the Social Security system, as discovered by the inspector general. Many hope that looking into and solving these problems will be a much-needed step toward making our Social Security funds last.

If you have concerns about your Texas Social Security benefits, contact a Dallas Social Security Disability attorney at Morgan & Weisbrod.

SSA's Inspector General Probes Possible Widespread Disability Fraud

Sat, 24 Sep 2011 08:00:00 EST

After 290 out of 300 out-of-work employees from the same factory in Puerto Rico applied for Social Security Disability Insurance (SSDI) benefits, the Social Security Administration's inspector general, Patrick O'Carroll, has launched a probe.

According to the Wall Street Journal, a pharmaceutical company in the territory closed recently and about 300 people lost their jobs. Soon after, almost all of the laid-off workers applied for disability benefits, using the same doctor for evidence of their inability to seek new employment.

This example of possible Social Security disability fraud may shed light on questionable disability statistics coming from the Caribbean island in recent years. Just last year, the SSA awarded disability benefits for over 64 percent of applications in Puerto Rico - a significantly higher rate than in any U.S. state, in which approval rates are more often around 30 percent. A probe of the territory, the inspector general believes, may shed light on why the approval rates are higher on the island and whether the rates indicate a higher number of fraud cases.

While some believe that a higher incidence of fraud might be an issue in Puerto Rico, others are reminding SSA officials that the island also has high unemployment rates and below-average healthcare options - two issues that could increase the number of disabled and the number of those seeking disability.

If you have questions about your Social Security benefits options in Texas, contact a Houston disability attorney today.

Obama Personally Helps Woman Gain Social Security Disability Benefits

Thu, 15 Sep 2011 08:00:00 EST

Lois Dare had applied for Social Security disability benefits - and had been denied twice. Despite a diagnosis of lung cancer, diabetes, and heart disease, a disability attorney told the woman that an appeal would take over a year. Dare was desperate for help with her medical bills, but didn't know how to move forward.

When she heard that President Barack Obama was coming to a nearby town, however, she became determined to let the leader know that she wasn't getting the help that she deserved. After sleeping in her car for two nights and waiting in long lines (with her oxygen tank and all), she finally got her moment with the President.

She asked, simply, what she should do if Social Security denied her benefits even though she was too sick to work. Obama answered that anyone who has paid into the system deserves support from the system if they become unable to work.

After the town hall, Obama approached Dare and spoke with her privately about her health issues and disability benefit issues, saying that she reminded him of his late mother who passed away from cancer. He took her contact information and gave her a hug.

Within hours, Dare had heard from both of her state senators and the governor - her disability payments will begin on September 1.

If you have been denied social security disability benefits, contact a Texas disability benefits lawyer at Morgan & Weisbrod today.

Disabled Veteran Secures Benefits After A Year Of Struggle And Hardship

Tue, 23 Aug 2011 08:00:00 EST

A Vietnam vet has finally received disability benefits and backpay from the Department of Veterans Affairs after months of dealing with lost papers and red tape.

Jim Riley served for eight years during the Vietnam War before returning home to work in warehouses and as a commercial truck driver. However, when heath issues like diabetes struck last year, he lost his commercial driver’s license as well as his income. Riley decided to apply for veterans disability benefits, and sent in his application hoping for quick relieve from his dire financial situation. However, the evidence proving his medical issues was lost between VA offices, delaying an already slow process.

For over a year, Riley and his wife Claret, who also was forced to stop working due to a disability, lived off of their life savings and then lived off of the kindness of friends and family. They lost their apartment and moved into a friend’s spare trailer.

Finally, the VA found their paperwork and approved his application – ensuring him $1,300 in benefits each month plus over $15,000 in backpay for the year he was without compensation. Unfortunately, his struggle for the benefits he deserves is far too common among veterans.

Study: Do SSDI Benefits Discourage The Disabled From Finding Employment?

Mon, 22 Aug 2011 08:00:00 EST

The RAND Corporation has conducted a study examining whether or not those who successfully apply for and receive Social Security Disability Insurance benefits (SSDI) have less of a willingness to work than those with disabilities, conditions, and injuries that do not qualify for benefits.

The researchers attempted to answer this question by examining two groups of people with a similar level of disabilities – one group of which had successfully been approved for benefits and another group that had not (the studied relied on the fact that some disability examiners are tougher than others, leading to some disabled people receiving benefits while others do not). They studied applications processed in 2005 and 2006.

The study’s results revealed several interesting findings. First, those who were marginally disabled but did receive benefits show a significant tendency to be discouraged to work. At the same time, those with marginal disabilities who do not qualify for SSDI benefits are much more likely to return to work. However, those with significant disabilities do not return to work whether or not they are awarded Social Security Disability benefits.

Researchers hope that their information can be used to improve the accuracy and efficiency of the disability benefits process in the future.

Austin School Children Donate Food To Veterans' Counseling Center

Sun, 21 Aug 2011 08:00:00 EST

Two months ago, the students at the Stepping Stone Schools around Austin learned about how difficult it is for disabled veterans to return to the United States after serving overseas – and that even if their disabilities obviously prevent them from becoming employed or earning enough to support their families, getting disability benefits through the Department of Veterans Affairs can often take months or even years. Many children were distressed to hear that many of the men and women who bravely served us in Iraq and Afghanistan had trouble paying for housing, helping their families, and even putting food on the table while waiting for their disability compensation to be approved.

All summer, the children and families involved with the 18 Stepping Stone Schools in Central Texas were involved in a food drive, with drop-off points located at each one of the elementary schools’ locations. Finally this week, the children delivered hundreds of bags of food to a veterans’ counseling center near Fort Hood, where the bounty will then be distributed to the disabled veterans who need it most.

The parents of the children who organized the effort shared their joy at seeing their children’s philanthropic and caring spirits – as well as their ability to take up a challenge and get results.

Fatally Ill Woman Fights For Her Disability Benefits After Mix-Up

Mon, 15 Aug 2011 08:00:00 EST

A woman who regularly received Social Security disability benefits for years suddenly found that her checks stopped coming. What was the problem? According to the SSA, a back-payment from a former employer settling a dispute two year ago meant that she was now able to work.

Unfortunately, that’s far from the case, and now 56-year-old Ann Cyrus is struggling with her health and without financial support. The woman suffers from high blood pressure, heart disease, and a disease that causes painful swelling – issues that caused her doctor to declare her terminally ill in 2008. She lives in a small apartment with her teenaged son, her daughter, and her daughter’s three children, and her $900 Social Security check makes up half of the family’s income.

Even though the mix-up seems simple enough to those who hear the story (Cyrus has her terminal illness diagnosis on paper as well as documents regarding the employer settlement) the SSA has taken months to act on her appeals. The original letter arrived in December, and her provisional benefits expired this month. Still, she waits, even after she formally requested an expediated reinstatement.

What happens now? Cyrus and her family will wait – even though they have already begun to fall behind on rent payments.

SSA Makes 14,000 Death Master File Errors Each Year

Sun, 14 Aug 2011 08:00:00 EST

One day, disabled Vietnam veteran Jeffrey Zych did not receive his Social Security disability benefits check in the mail. Confused as to why they would have stopped so suddenly, he went down to his local office only to find out that, officially, according to their computers, he was dead. He tried to explain that he wasn’t dead at all and showed them some identification, but when the computer shows that you are dead, you are dead.

A few weeks later, his veterans’ disability benefits were threatened as well because the Social Security Administration has alerted the Department of Veterans Affairs that he was “dead.” Suddenly, Zych, who had sacrificed his health to serve his country, was worried about losing his home.

Shockingly, these mistakes are common at the SSA. In fact, the government admits that about 14,000 mistakes take place in what they call the Death Master File each year due to human keying errors when typing Social Security numbers – and hundreds of thousands of people have been wrongly declared dead in the past few decades. What happens when you “die”? Well, for one thing, you stop getting the Social Security benefits and veterans' disability benefits that you need and deserve.

All in all, it took Zych months and a lot of paperwork to prove that he was indeed alive and breathing.

While the Social Security Administration stresses that their error rate is only about 0.5 percent and that they key in millions of Social Security numbers into their system each year, that small margin of error can mean a lot to the individual people it affects.

San Antonio Plummer Indicted For Social Security Disability Fraud

Sat, 30 Jul 2011 08:00:00 EST

A San Antonio, Texas, man has been indicted on charges of Social Security disability fraud, according to local news sources, after collecting well over one hundred thousand dollars for a disability while also working.

The Express-News reports that 52-year-old Ernest Luckett was running a plumbing company in San Antonio while also collecting SSDI benefits. In 2005, his Social Security disability application was approved by the Social Security Administration (SSA) for both a back injury he suffered at work and for a mood disorder. Over the next six years, the Texas man wrongfully collected $171,000 in disability benefits while also running First Priority Plumbing. Legally, Luckett should have notified the SSA that he was returning to work and halted his disability payments.

Luckett has broken the law several times before. He spent a decade in prison on drug-related charges and has also been convicted of assault and larceny.

The Social Security fraud case was originally brought to the attention of the SSA after someone called in with a tip.

Social Security fraud is not only illegal – it is extremely damaging to taxpayers as well as those who truly suffer from disabilities that prevent them from working. The consequences of Social Security disability fraud are serious and could involve hefty fines and prison time.

Lenient Social Security Judge Retires During Controversy

Sat, 30 Jul 2011 08:00:00 EST

After over twenty years as an administrative law judge in state and federal courts in West Virginia, 75-year-old David B. Daugherty has announced his retirement. His decision to leave his post comes while he is on administrative leave because of an investigation into his high approval rate for Social Security disability cases.

Three months ago, the Wall Street Journal published a report on Daugherty’s oddly high approval rates for disability benefits cases. The article showed that over the past two years, the Social Security judge denied benefits to just four people while approving benefits for 2,100. All in all, he approved disability payments to 99.8 percent of the people whose appeal cases he heard.

Other judges in similar positions across the country approve roughly 60 percent of Social Security disability appeals. The judges that worked with Daugherty had an average approval rate of just over 70 percent.

A spokesperson for the Social Security Administration (SSA) could not shed much light on the judge’s retirement because of the ongoing investigation. The spokesman told the Herald-Dispatch that they could not comment on when the investigation would be completed or on what kind of retirement benefits the judge would receive. He also stated that he did not know whether Daugherty’s decision to step down was connected with the investigation.

New House Bill Could Speed Veteran Disability Claims By Using Email

Fri, 29 Jul 2011 08:00:00 EST

Republican House Representative Bill Johnson of Ohio is sponsoring a bill that would allow Veterans Affairs to notify those seeking veterans’ disability benefits by email instead of by traditional mail. Johnson, the chairman of the House Veterans’ Affairs Committee’s oversight and investigations panel as well as a retired military man, believes that using simple computer technology such as email could significantly speed up the disability benefits application process for veterans – a process that is getting slower and more backlogged by the day.

While some veterans and veterans groups applauded the idea of switching from hard mail to email, others raised concerns with the bill. For example, two advocacy groups, Disabled American Veterans and Veterans of Foreign Wars, mentioned that emails may be difficult to access for older veterans, veterans who are not computer literate, veterans who have certain disabilities, or veterans who do not have home computers. In addition, some wondered whether emails with important information regarding their case status could be more easily overlooked or more likely not to be read in full.

Johnson responded to some of the criticism by stating that veterans would still have the option to request traditional mail instead of email – and that he appreciated those voicing concerns.

Wife Of Quadruple Amputee Speaks To Senate Veterans Affairs Committee

Fri, 29 Jul 2011 08:00:00 EST

This week, the wife of a quadruple amputee veteran stood in front of the Senate Veterans Affairs Committee and spoke about the struggle that she and her husband have been through in order to secure veteran disability benefits and other support after the serviceman was injured in combat last year.

In 2010, Marine Corporal Todd Nicely was on a foot patrol in Afghanistan when he triggered an IED and lost both arms and both legs in the subsequent explosion. Now, he needs around-the-clock care from his wife, four prosthetics, and a totally different life than the one he left behind.

During her address to the Veterans Affairs Committee, Nicely’s wife Crystal shared her side of the story – in which she must help her husband eat, bathe, and get around and in which she has struggled to get the support and benefits they need from Veterans Affairs in the months after Todd’s accident. More specifically, Crystal spoke of red tape and paperwork issues that delayed their veterans disability benefits. For example, it took seventy days for a Walter Reed doctor to complete Todd’s medical summary required for his disability review. At the same time, the family struggled to pay enormous medical expenses while also working to get Todd mobile and back to a more regular life.

SSA Employee Sentenced To Jail For Accepting Bribes Disability Applicants

Sat, 23 Jul 2011 08:00:00 EST

Because of long backlogs, many people applying for Social Security Disability Insurance benefits face months of waiting and delayed payments. Unfortunately in one SSA office, a Social Security Disability employee was found to be taking thousands of dollars in bribes from families desperate for SSDI financial support.

According to local news reports, 40-year-old Margarita Diaz pleaded guilty to bribing a public official after admitting that she took large sums of money from a dozen people who were frantic to secure disability benefits. Instead of facing months or even years of red tape and delays, Diaz offered the disabled immediate benefits – as long as they paid her thousands under the table. All in all, Diaz took over $26,000 in bribes despite her $67,000 annual salary. Those who offered bribes were fast tracked by Diaz, skipping up to six months of waiting.

In court this week, a federal judge sentenced the former Social Security Administration worker to two years in prison despite the woman’s pleas for probation. The families that bribed the woman will be paying back the SSDI benefits that they wrongfully received.

While Diaz said she needed to be with her adult daughters and said she was embarrassed for her actions, the judge noted that she had been preying on the disabled for over a year and then tried to cover up her actions during an investigation.