http://www.morganweisbrod.com/blog/ The disability lawyers at Morgan & Weisbrod provide news and information on social security disability and veterans disability benefits in their legal blog. en-us 2012 Morgan & Weisbrod LLP, All Rights Reserved, Reproduced with Permission http://www.morganweisbrod.com/blog/ Fri, 18 May 2012 04:48:43 GMT http://www.morganweisbrod.com/images/logoprint.gif http://www.morganweisbrod.com/blog/ By Paul Burkhalter, Esq.
According to a recent article published in the Houston Chronicle, the backlog in the number of Veterans' disability claims in the Houston VA Regional Office has more than doubled since this time three years ago.  The number of claims pending in the Waco VA Regional Office is even worse; there are over 51,000 veterans waiting an average of 352 days for any action to be taken by the Waco VA Regional Office.
Although waiting a year for action to be taken on your case may be devastating, it is even more problematic if your case is denied and you have to enter into the mire of appealing that denial.  It can take 4 to 5 years for the wheels of the appeals process to turn and there are times when the delay is simply due to lost paperwork.  Having an experienced attorney, like Paul Burkhalter and his staff, help you with your VA disability claim will avoid this problem.  We know the VA’s system, procedures, deadlines and policies, and will monitor your appeal to insure it is processed correctly and timely. 

Going it alone when filing for your Veterans' benefits is no longer an option or a necessity.  You’ve already gone through enough on your own – rely on the expertise and professionalism of Morgan & Weisbrod to help you receive the benefits you deserve.
]]> http://www.morganweisbrod.com/blog/rise%2Din%2Dva%2Dclaims%2Dfor%2Ddisability%2Dbenefits%2Ecfm www.morganweisbrod.com-81935 Thu, 17 May 2012 08:00:00 GMT Jennifer Fry and Michael Kelly obtained a reversal of an Administrative Law Judge (ALJ) decision denying both Social Security and SSI disability for a 42 year old claimant.  The ALJ found other work existed in the national economy she could perform.  The Court agreed the ALJ incorrectly rejected opinion evidence demonstrating more limited use of her hands which precluded her ability to perform the work identified.  The Court remanded the case back to the Commissioner for a new hearing.

When you're fighting for your Social Security disability benefits, it pays to hire a firm with Board Certified Attorneys who are seasoned experts in Social Security disability law.  If it means taking your case to Federal Court and suing the Social Security Administration, we're ready, willing and prepared to do so.   Even if other attorneys have represented you and lost, call us for a free consultation - we might be able to help you too.
]]> http://www.morganweisbrod.com/blog/morgan%2Ecfm www.morganweisbrod.com-81117 Tue, 08 May 2012 08:00:00 GMT
Pros

• The card is safer than paper checks. Each year, over half a million Social Security checks are reported lost or stolen. Since the money on your debit card is transferred automatically and instantly, your money is much more secure.
• The card is great for those without bank accounts. In the past, those who didn’t belong to a bank or credit union had to carry their Social Security check or cash on them. With this card, no bank account is needed.
• It is more convenient. With the card, you don’t have to wait for your check or worry about overdraft fees. You also don’t have to deposit anything.

Cons
 

• There are fees involved. Although you are allowed one free ATM transaction a month, subsequent ATM visits involve a fee. There are also fees involved in using your card abroad, replacing your card more than once a year, and transferring funds from your card to a bank.
• You could lose your card. If your card is lost or stolen and you do not report it right away, you could be without funds until you receive a replacement.

 
Texas disability benefits attorney


If you need the assistance of a Dallas Social Security disability attorney, we are here to help. Call the lawyers at Morgan & Weisbrod today at (800) 800-6353 to set up a private, no-obligation consultation.
]]> http://www.morganweisbrod.com/blog/dallas%2Ddisability%2Dattorney%2Dpros%2Dand%2Dcons%2Dof%2Dsocial%2Dsecurity%2Ddebit%2Dcards%2Ecfm www.morganweisbrod.com-80378 Fri, 04 May 2012 08:00:00 GMT

• Obesity, especially in the trunk area, including the back of the neck, the collarbone, and the abdomen
• A round, puffy, or moon-shaped face
• Body and facial hair growth in women, male pattern baldness, and acne
• High blood pressure, hypertension, and heart disease
• Deteriorating muscles and bones
• Thinning skin, especially on the hands, as well as cuts, punctures, and scrapes that don’t easily heal
• Fatigue, including chronic tiredness and feelings of weakness
• Depression and anxiety
• Insulin intolerance and diabetes
• Impotence, infertility, the absence of menstruation in women, and reduced libido

Cushing’s syndrome can have a serious affect on your health if it goes untreated – those with serious cortisol imbalances can develop heart disease, diabetes, and other medical issues that can lead to a premature death.

Do you believe that your Cushing’s syndrome is related to your service in the military? At Morgan & Weisbrod, we can review your medical records and help you collect evidence that connects your illness to your service. If your illness was a result of your active duty, you could deserve veterans’ disability benefits. To speak with a Dallas veterans’ disability attorney, call us today to schedule a confidential, no-obligation consultation.
]]> http://www.morganweisbrod.com/blog/dallas%2Dveterans%2Ddisability%2Dattorney%2Dcushing%2Ds%2Dsyndrome%2Dsymptoms%2Ecfm www.morganweisbrod.com-79569 Mon, 30 Apr 2012 08:00:00 GMT
From now on, those receiving Social Security disability checks will have two electronic options for payment:

• Direct deposit. Those with a bank account or credit union account will have the option of having their disability payment instantly deposited once a month. While there is no fee for this option on the side of the Social Security Administration (SSA), there may be a fee charged by banks for direct deposits.
• Debit card payments. The Direct Express Debit MasterCard was introduced as an option for electronic payment four years ago. This pre-paid debit card is ideal for those who do not have a bank account and also allows users to earn cash back on purchases. However, the card does come with the added hazard of fees: only one free ATM withdrawal is allowed per month, with even more fees when the card is used abroad.

 
Those currently receiving paper Social Security disability payments should note that if they do not choose an electronic method of payment by March 1, 2013, they will automatically receive debit card payments. You will receive more information about the switch with an upcoming disability payment.

If you have a question about receiving Social Security payments, talk to an experienced, knowledgeable disability lawyer in Dallas. Call Morgan & Weisbrod today.
]]> http://www.morganweisbrod.com/blog/disability%2Dlawyers%2Din%2Ddallas%2Delectronic%2Dsocial%2Dsecurity%2Dchecks%2Ecfm www.morganweisbrod.com-79565 Wed, 25 Apr 2012 08:00:00 GMT

• Awareness. Members of the military should be aware of the signs and symptoms of all head injuries – and be educated about the affects of traumatic brain injuries, from mild concussions to severe brain damage.
• Research. An emphasis on brain injury research – as well as an emphasis on teaching medical students about traumatic brain injuries – will be key to better disabled veteran treatment and recovery in the future.
• Diagnosis. The sooner that our veterans are diagnosed with a brain injury, the sooner they can access the medical care, attention, and information that they need.
• Treatment. Obviously, the VA and DOD are extremely concerned that injured veterans receive the best and most thorough care possible following a TBI.
• Ongoing care. There was extensive discussion about the importance of veteran caregivers and the support they need when an injured family member returns home.

Traumatic brain injuries are some of the most devastating injuries that a military service member can sustain – and the number of TBIs in veterans has skyrocketed during the conflicts in Iraq and Afghanistan. If you or a loved one with a head injury needs assistance with veterans’ disability benefits, speak to a Houston veterans’ disability lawyer at Morgan & Weisbrod today.
]]> http://www.morganweisbrod.com/blog/houston%2Dveterans%2Ddisability%2Dlawyer%2Dva%2Dtalks%2Dtraumatic%2Dbrain%2Dinjury%2Ecfm www.morganweisbrod.com-79564 Tue, 24 Apr 2012 08:00:00 GMT By Carolyn J. Shulman, Esq.

If you are about to have a hearing in your Social Security disability claim, you may have received a notice in the mail telling you that there will  be a vocational expert present at your hearing.  Perhaps you wondered what this term meant, or what the vocational expert would be doing there.

A vocational expert is a person whose background is in vocational rehabilitation and counseling, helping people return to the work force after they have suffered some sort of physical or mental impairment that prevents them from doing the type of work that they used to do.  When vocational counselors are trying to help someone return to work, they might evaluate their client’s physical and/or mental strengths and weaknesses and then use that information to try to place that person into a job that is better suited to his or her capabilities.

However, in the context of a disability hearing, the vocational expert (often called a “VE” for short) has a different role.  The vocational expert is at your hearing to testify about what types of jobs somebody with various limitations could theoretically perform.  The vocational expert is supposed to offer an unbiased opinion about the kind of work available, if any, to someone with your limitations.
 
The vocational expert will have reviewed the evidence in your file pertaining to the jobs that you did in the past.  After you have testified about why you cannot work, the judge will begin to question the vocational expert.  Usually, the judge will start by asking the vocational expert to describe the jobs that you have done in the past 15 years.  In our Social Security language, this is called your “Past Relevant Work.”  After  the vocational expert characterizes your Past Relevant Work, the judge will then ask the him or her a series of hypothetical questions about whether someone with various physical or mental limitations could (a) still perform your Past Relevant Work and (b) if not, whether there are other jobs someone with those limitations could do instead.

This is where having an attorney representing you can really give you an advantage.  The way the judge questions the vocational expert is not like anything you have probably ever seen before. For example, when you watch court shows on TV, you don’t normally hear witnesses being asked hypothetical questions, but that is the format that the courts use in Social Security disability cases. So, if you are unrepresented, you may not know how to cross-examine the vocational expert in the most proper or strategically useful way. 
However, as attorneys who only handle Social Security disability cases, we  at Morgan & Weisbrod have years of experience in cross-examining vocational experts.  The judge may not include all of the limitations that actually affect YOU in his or her questions to the vocational expert.  However, if you are represented by a Morgan & Weisbrod attorney, we will make sure to ask the vocational expert about each limitation that affects your ability to work.  By effectively cross-examining the vocational expert, we can help prove that there are not enough jobs that someone with your impairments could perform 40 hours per week, 50 weeks per year. 
]]> http://www.morganweisbrod.com/blog/what%2Dis%2Da%2Dvocational%2Dexpert%2Dand%2Dwhy%2Dis%2Dthere%2Dgoing%2Dto%2Dbe%2Done%2Dat%2Dmy%2Dhearing%2Ecfm www.morganweisbrod.com-80069 Mon, 23 Apr 2012 08:00:00 GMT
Currently, only about ten percent of disabled Americans receive SSDI and SSI payments through a paper check. Instead, nine out of ten recipients choose to receive their payment through an electronic bank deposit or a Direct Express Debit MasterCard. Those who qualify for disability benefits after May of this year will be asked to choose from these two paperless options, while all other disability recipients will have until next spring to choose. Those who do not elect an option will automatically receive Direct Express payments.

Saving by switching to paperless

The Treasury Department reports that switching over Social Security payments – along with veterans’ disability checks and other payments ­– will save the federal government (and taxpayers) an estimated one billion dollars over the next decade. While mailing checks costs about a dollar to send through the United States mail, electronic payments only cost about a dime.

Other pros to paperless

In addition, the SSA says that the switch to an electronic system will be safer for those on disability. Each year, almost a half-million checks are reported lost or stolen – an issue that does not occur with paperless payments. In general, it will be more difficult for the checks to land in the wrong hands or to be used inappropriately.

Texas Social Security lawyer


Do you need the assistance of a Houston disability attorney? We are here to help. Contact Morgan & Weisbrod today to speak to someone who will listen to your Social Security disability benefit needs.
]]> http://www.morganweisbrod.com/blog/houston%2Ddisability%2Dattorney%2Dssa%2Dto%2Dban%2Dpaper%2Dchecks%2Din%2D2013%2Ecfm www.morganweisbrod.com-79563 Sun, 22 Apr 2012 08:00:00 GMT
Let’s take a closer look at the five major steps in the process of initially applying for Social Security Disability Insurance (SSDI) benefits:

 

1. You fill out and submit your application for disability benefits. You can submit your application in person at an SSA field office, over the phone, through the mail, or on the Internet.
2. Disability Determination Services receives your application.
3. Your case is reviewed by a disability specialist and medical consultant. These two case reviewers will take a close look at your medical records, your work history, and the nature of your disability.
4. DDS informs the SSA field office of its decision.
5. You either successfully receive benefits or petition your denial. About two out of three people are denied benefits at this point and must appeal the decision of the SSA.

Do you know where you are in the disability application process? Has your initial application been denied by the Social Security Administration? If you need assistance, you may wish to speak with a Dallas Social Security disability attorney. The disability benefits lawyers at Morgan & Wiesbrod may be able to help. Call today to schedule a confidential appointment.
]]> http://www.morganweisbrod.com/blog/dallas%2Dsocial%2Dsecurity%2Ddisability%2Dattorney%2Dthe%2Dfive%2Dstep%2Dssdi%2Dclaim%2Dprocess%2Ecfm www.morganweisbrod.com-79557 Thu, 19 Apr 2012 08:00:00 GMT Are you registered to vote?  You'd better be if you want to protect your disability benefits.

As the 2012 election cycle gears up, it has become apparent that legislators intend to direct some of their focus on individuals applying for or receiving disability benefits.  Some of the proposals mentioned so far include changing how the Cost of Living Adjustment (COLA) is calculated, increasing the Medicare premium, changing the age categories of the Medical-Vocational Rules, or simply changing the entire system of eligibility.

The news media also appears to be jumping on this bandwagon, numerous news agencies have published stories that question the viability of the program and suggest it is just another form of unemployment.  Although attorneys have tried to correct these misrepresentations, the more important question is why have disability claimants and the disability program become the target of Congress?

The simple answer is disabled individuals are not seen as a voting bloc.  Individuals over 65 do not have their benefits mentioned in any of these discussions because they are registered to vote and show up at election time in large numbers.  There are millions of individuals who receive some form of disability benefits from Social Security, and countless other family members in households where disability benefits are received.  If all of these individuals, their family members, and friends were to register and vote, it could have a large impact on outcomes in many races.

How does one register to vote?   There easiest way is to request an online Voter Registration Application from the Secretary of State for persons who live in my State of Texas.  Information on eligibility can be found at Votexas.org.  Please understand that you must complete the application, print it out, and mail it to your local County Voter Registrar.  Just completing the form online does not make you eligible to vote.

You should also be aware that many States, including Texas, have changed the voting rules to require proof of your identity.  If you need to obtain picture identification in your State, and you have the money to pay for an ID, start NOW.  In Texas, this can be through the Department of Public Safety.  The identification law has not been implemented fully in Texas, so it is currently unclear how someone without the money to afford an ID will be handled.  There does appear to be an exemption for disabled individuals receiving Social Security or Veterans Disability benefits, but what proof will be acceptable for this exemption is also unclear.

Next, it is important to look into the candidates and their positions on issues affecting the disabled.  A good place to start is the League of Women Voters of Texas.  The website provides information on all election issues with links to other election information.  You can also check your representatives’ stance on various issues by locating your Representative and Senators who represents you and viewing their website.

Please take the time to become informed; it could be your benefits at stake.
]]> http://www.morganweisbrod.com/blog/are%2Dyou%2Dregistered%2Dto%2Dvote%2Ecfm www.morganweisbrod.com-78849 Fri, 06 Apr 2012 08:00:00 GMT
Here are a few shocking facts and figures regarding PTSD and veterans:

• According to the Defense Department, one out of six returning veterans suffers from feelings of depression and post-traumatic stress. Only 60 percent of these veterans said they would seek help for their feelings.
• Experts believe that up to 30 percent of war veterans suffer from some type of post-combat trauma and stress. However, many choose not to report their illness because of the possible judgment and consequences.
• Those who serve in the Marines or the Army are four times more likely to suffer from PTSD than those who serve in the Navy or Air Force.
• A significant number of female veterans who suffer from post-traumatic stress disorder suffered a sexual assault or rape during their service.
• The Department of Veteran Affairs reported that as of June 2010, over 170,000 veterans of the conflicts in Iraq and Afghanistan have been diagnosed with PTSD.

If you are a veteran who suffers from PTSD related to your service in the military, you may be eligible for veterans’ disability benefits. Speak with a Dallas veterans’ disability attorney at Morgan & Weisbrod today to learn more about your possible claim by calling 800-800-6353.
]]> http://www.morganweisbrod.com/blog/dallas%2Dveterans%2Ddisability%2Dattorney%2Dptsd%2Dstatistics%2Ecfm www.morganweisbrod.com-77183 Fri, 30 Mar 2012 08:00:00 GMT By Laura Hernandez, Esq.

You are at a Social Security disability hearing and have just finished testifying about your medical conditions and how they prevent you from working, and about what kind of work you’ve done in the past. The Judge then turns to another person in the room who starts talking about your work history and spouting off all these jobs he/she thinks you can do. 

You say to yourself: “Who is this person?  How can they say my job was “light” when I lifted and carried 75 pounds and was on my feet all day? Why do they think I can work as a telemarketer when I’ve never done that in my life?”

The person answering the Judge’s questions is a “vocational expert” or a “VE.”  A VE is usually a person employed as a work rehabilitation specialist and places people with different kinds of disabilities in jobs.  He/she is required to have a graduate degree(s) in vocational rehabilitation, current and extensive experience in counseling and the actual job placement of people with physical and/or mental disabilities. They are required to possess up-to-date knowledge of, and experience with industrial and occupational trends and local labor market conditions, and current knowledge and use of a variety of vocational reference sources.

A VE is there to answer questions posed by the judge and are supposed to be impartial. They are not there to give the judge their personal opinion on whether you can or cannot work, although some come close to doing so.   Judges ask questions of VE’s to determine whether you can return to your past work (generally, work that you’ve done in the last 15 years) either as you actually performed it or as it is generally performed. If a judge determines you can’t return to your past relevant work, then the inquiry becomes whether there is other less physically and/or mentally demanding work that exists in significant numbers in the regional and national economy.   The way a judge determines this is by asking the VE a series of hypothetical questions that “should” incorporate all of your physical and/or mental limitations. I say “should” because oftentimes judges leave out important limitations which may prove why you cannot work.   You also have a right to question a VE which is why it is so important to know which questions are relevant to your case.

Some cases can be very technical, especially when they involve certain age categories.  VE’s usually classify your past relevant work based upon your written and oral statements.  That is why it is very important to describe your job duties and the physical and mental requirements of each job accurately.  It is your burden of proof to show you cannot return to your past relevant work. Once you’ve done so, the burden of proof shifts to the Government to show there are still “other” less demanding jobs you can do.  You should be ready to ask appropriate questions of the VE to demonstrate why you cannot do this work as well.    To make sure you are thoroughly prepared at your Social Security disability hearing, consult with the Board Certified attorneys at Morgan & Weisbrod, L.L.P.

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]]> http://www.morganweisbrod.com/blog/what%2Dwho%2Dis%2Da%2Dvocational%2Dexpert%2Dve%2Ecfm www.morganweisbrod.com-78397 Thu, 29 Mar 2012 08:00:00 GMT
Iraq and Afghanistan Veterans Have More Complex Claims
 
The average disabled veteran returning from combat in Iraq or Afghanistan lists 8.5 different disabilities on his or her claim, as opposed to veterans from earlier wars who list half as many. This means that each individual application takes longer to process, and that the average vet has a higher disability rating than ever before.

At the same time, the VA is receiving a record number of veterans’ disability claims, both from those who served in Iraq and Afghanistan and from aging veterans from past conflicts.

Seeking Solutions
 
In order to deal with the rising number of disability claims and the growing complexity of many of those claims, the VA has asked for a 20 percent budget increase from the federal government. In addition, they are expected to covert to electronic claims in coming months and reviewing up to 100,000 more claims than received in 2013.
 
Texas Veterans’ Disability Attorneys
 
Do you need assistance with your Texas vet disability claim? Speak with a Dallas veterans’ disability lawyer at Morgan & Weisbrod today. Call 800-800-6353 today to schedule an appointment.
]]> http://www.morganweisbrod.com/blog/houston%2Dveterans%2Ddisability%2Dlawyer%2Dclaims%2Dare%2Dbecoming%2Dmore%2Dcomplex%2Ecfm www.morganweisbrod.com-77182 Mon, 26 Mar 2012 08:00:00 GMT
Why the change?

The bump in pay is a Cost of Living Adjustment (COLA) that makes certain veterans’ disability payments rise at the same rate as household items, goods, and services, such as food, clothing, rent, and other daily necessities. The decision to make a cost of living adjustment was made by federal officials in October and took affect in January. The next decision about 2013 COLA increases will be made in October of this year.

How will you be affected?
 
The cost of living increase on your veterans’ disability benefits payment might not seem like much, but it is there for a reason. The VA cost of living increase for 2012 makes certain that as gas prices and milk prices go up, you will be able to buy just as much for you and your family.
 
Texas veterans’ disability attorneys
 
Do you have a question about how to receive veterans’ disability benefits for your service-related health condition or illness? Ask the Texas disability benefits attorneys at Morgan & Weisbrod today. We can help you understand your case and secure the payments that you deserve.
]]> http://www.morganweisbrod.com/blog/va%2Dcost%2Dof%2Dliving%2Dincrease%2Dfor%2D2012%2D3%2D6%2Dbigger%2Ddisability%2Dpayments%2Ecfm www.morganweisbrod.com-77181 Sat, 24 Mar 2012 08:00:00 GMT Will I have to testify at my disability hearing? by John M. Driskill, Esq.

Yes!  I am surprised how many clients ask if they’ll have to testify at their own hearing.  Your credible testimony is often the most important factor in winning your disability case.  That is why it is so important for you to go through your testimony thoroughly with your attorney well before the hearing.  It is important for you to have thought about the best way to answer difficult questions. 

Who asks the questions?
Mostly, it depends on the judge.  Some judges ask virtually all the questions – from background information like your age, weight, or whether you smoke, to what problems you have when performing routine household activities like making a bed or washing dishes.  When such a judge takes control of the hearing there might only be a few very specific questions left for your attorney to ask.
In contrast, there are other judges who ask very few questions, if any.  In that case, your attorney will ask most of the questions about your situation.  Hopefully, they will be asked in a manner that puts you in the most favorable light possible (i.e. emphasizing sympathetic facts and minimizing negative facts).

What kind of questions will be asked?
You can get a good idea about what questions will be asked by reviewing the forms you completed for the Social Security Administration during the appeals process.  Most of the questions – regardless of whether the judge or your attorney asks them – will focus on three different areas. 

• Work history.  How you describe your past work can win or lose your case so be accurate! 
• Key symptoms of your various impairments such as pain, where it hurts, how often it hurts, and things you have tried to minimize those problems (e.g., surgery, prescription pain medication, physical therapy, etc.). 
• How your conditions limit you.  What are your limitations in sitting, standing, lifting, walking, as well as how your condition causes problems performing everyday household chores?

For expert advice on testifying at your hearing or any other concerns you may have regarding Social Security disability, please contact the Board Certified attorneys at Morgan & Weisbrod, L.L.P.  1.800.800.6353.
]]> http://www.morganweisbrod.com/blog/will%2Di%2Dhave%2Dto%2Dtestify%2Dat%2Dmy%2Dhearing%2Ecfm www.morganweisbrod.com-77840 Fri, 23 Mar 2012 08:00:00 GMT
Are SSDI benefits taxable in Texas?
 
If you are receiving Social Security Disability Insurance (SSDI) payments, you may have to pay taxes on the money your receive depending on your other sources of income. If you make more than $25,000 per year, half of your SSDI payments may be taxable. If you make more than $35,000 per year, up to 85 percent of your disability benefits may be taxable. These numbers are higher if you are married and filing jointly.

Are SSI benefits taxable in Texas?
 
Because Supplemental Security Income (SSI) benefits are only awarded to those with limited assets and a limited income, these payments are not taxable. You will not receive a 1099 form from the Social Security Administration for these payments and do not have to report them on your tax forms.

Texas Social Security disability attorneys
 
A tax advisor or accountant can assist you with all of your questions regarding taxes and disability benefits, and there are several services available for those with disabilities seeking tax assistance.

If you need assistance acquiring disability benefits, you may wish to speak with disability lawyers in Dallas – such as the attorneys at Morgan & Weisbrod. Call us today at 800-800-6353 to learn more.
]]> http://www.morganweisbrod.com/blog/disability%2Dlawyers%2Din%2Ddallas%2Dtax%2Dseason%2Ecfm www.morganweisbrod.com-77180 Thu, 22 Mar 2012 08:00:00 GMT Paul B. Burkhalter, Esq.

Recently, I have been posting about how Texas leads the country in the number of citizens uninsured for health care and how a lot of those people end up on Social Security disability because they cannot get treatment for chronic conditions such as diabetes and heart disease until it is too late. http://www.morganweisbrod.com/blog/texas-is-1.cfm  More recently I reported that the rate of those that are uninsured continues to go up and that in the area of mental health care the problem is extremely alarming.  http://www.morganweisbrod.com/blog/texas-still-1.cfm  I think this will lead to even more Social Security disability claims.
 
As I mentioned,  attorneys that help claimants obtain Social Security Disability benefits also help them obtain Medicare and/or Medicaid which are federal government health insurance programs that finally allow them to receive medical care.  Also, we can try and help individuals who are waiting to have their Social Security Disability claims decided, locate low cost or possibly free medical services designed for those who have no income and have medical need.

A new study has come out that tells us who the uninsured are.   Some results – such as almost half of the uninsured are unemployed are not that surprising – but other results might not be what you expect.  More than a third of the uninsured have an annual family income over $50,000 per year.   Approximately 21 percent of the uninsured have at least some college education or more. Legal immigrants only make up 6 percent of the uninsured. 
Most remarkably is that over 30% of Texans from the ages of 18 to 64 are uninsured in Texas!  Thus, if you remove children from this statistic (who can get on the state CHIP program),  and seniors who are on the federal Medicare and/or Medicaid problems (due to their age) – the actual rate of those uninsured is almost 1/3 of all working age adults.  It is no wonder that a chronic medical condition can turn into a disabling condition which qualifies for Social Security Disability benefits.
While our national health care law (often called “Obamacare”) is moving toward providing health insurance for all, our Governor is against efforts to provide health insurance to all. In my opinion, if we could provide quality healthcare to all, we would actually save our nation money by reducing the number of persons who end up on Social Security disability because they cannot get treatment for chronic conditions.  Untreated chronic conditions can and do get worse  - resulting in those conditions becoming disabling.  For expert representation and help in negotating through maze of programs that exist for the uninsured, contact the board certified attorneys of Morgan & Weisbrod, L.L.P.
Source: Texas Tribune, “Interactive: Who Are the Uninsured in Texas?” by Becca Aaronson, January 26, 2012
(http://www.texastribune.org/library/data/texas-health-care-uninsured-demographics/)


]]> http://www.morganweisbrod.com/blog/texas%2D1%2Din%2Duninsured%2Dwho%2Dare%2Dthey%2Dthey%2Dare%2Dus%2Ecfm www.morganweisbrod.com-77133 Tue, 13 Mar 2012 08:00:00 GMT doing nothing at all!

After your disability application is denied, act!


We understand that being rejected for disability benefits can be depressing, overwhelming, and disappointing. For someone who is also likely struggling with both their health and their finances, contemplating an appeal can be exhausting. However, ignoring the rejection won’t do you any favors, and it certainly won’t get you the disability benefits you need.

A rejection is simply a step in the longer process.
 
A rejection for disability benefits doesn’t mean you don’t deserve support, it simply means that the SSA doesn’t think you provided enough information to prove your disability (and your inability to work). A shocking 66 percent of applications are rejected at this stage in the process. Getting a denial is not the end of the road, it is just a setback.

A Texas disability benefits lawyer can help.
 
Beginning an appeal can seem overwhelming. However, you can start the process with one call. At Morgan & Weisbrod, we represent disabled Texans who are appealing a disability benefits denial. Our Dallas Social Security disability attorneys offer free, private consultations to those considering an appeal. Call 800-800-6353 to schedule an appointment today.
]]> http://www.morganweisbrod.com/blog/dallas%2Dsocial%2Dsecurity%2Ddisability%2Dattorney%2Dthe%2Dworst%2Dappeals%2Dmistake%2Ecfm www.morganweisbrod.com-76574 Sun, 11 Mar 2012 08:00:00 GMT John Driskill, Esq.

Clients are often confused when SSA denies their claim even though their doctor wrote a letter saying they were “disabled.”  Getting a doctor’s assistance is often a crucial piece of evidence in your favor.  However, your doctor’s opinion needs to be consistent with the medical evidence, as well as specific about how your medical conditions limit your ability to function.

A medical source statement (MSS) from your doctor is often the most efficient way to get your doctor’s opinion in a way that helps your case.

An MSS asks a series of very specific questions about your doctor’s opinion of your limitations in sitting, standing, walking or lifting.  However, your attorney can also develop an MSS that is specifically tailored to your particular limitations.  For example, if you have a condition that causes swelling in your legs, there should be a few questions documenting whether you need to elevate your legs, how high you need to elevate your legs, and how long you need to elevate your legs during the work day.  Likewise, if you have a condition that affects use of your hands (such as arthritis or carpal tunnel syndrome), the form should document problems you have reaching, handling, and fingering.

The benefit of having a doctor complete an MSS is two-fold.  It is much easier for your doctor to complete one of these forms by checking certain boxes than it is to write a letter explaining your limitations.  Thus, it is much more likely your doctor will be able to help your claim.  Secondly, an MSS helps the judge understand exactly what limitations your doctor thinks you have related to your medical conditions.  For more information on strengthening your Social Security disability claim with doctor's statements, please contact the experienced disability attorneys at Morgan & Weisbrod.
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The lesson is clear: if you deserve veterans’ disability benefits, don’t stop fighting for what is rightfully yours. Also, it is never too late to speak with an attorney about your case – MacKlem didn’t start the fight for his benefits until 2006.

The rules regarding veterans’ disability benefits can be complex and confusing – and some rules regarding retroactive pay have changed in recent years. For example, a law regarding extraordinary awards that limited retroactive pay to $250,000 or eight years of payments was found to be illegal in 2009 by a federal court.

If you believe that you have been unjustly denied your disability benefits – whether you served in World War II six decades ago or whether you have just returned home from Iraq or Afghanistan – you should speak to an attorney about appealing your case. At Morgan & Weisbrod, our Houston veterans’ disability lawyers can review your medical evidence, answer your questions, and do whatever we can to get you the payments you deserve. Call today to schedule a free, private appointment.
]]> http://www.morganweisbrod.com/blog/houston%2Dveterans%2Ddisability%2Dlawyer%2Dit%2Ds%2Dnot%2Dtoo%2Dlate%2Dfor%2Dbenefits%2Ecfm www.morganweisbrod.com-75279 Wed, 29 Feb 2012 08:00:00 GMT