The National Business Institute recently held a seminar at the Sheraton in Framingham on successful tactics in prevailing in a Social Security Disability hearing. Attorney Lipsey served as keynote speaker, addressing trial strategies at the hearing level. There is a tremendous surge in disability applications due to a combination of factors, including the downturn in the economy and the aging of the baby boomer generation.
Once a person applies for social security disability, they will be subject to a medical examination by the social security administration. They are usual not that helpful. Those examinations are usually used as the basis for a denial of benefits. An applicant should not be discouraged from moving forward. The applicant’s treating doctor’s opinion will be given more weight by the judge than the social security doctor. Therefore, it is important for the applicant to maintain good communication with his/her doctor so when it is time for that doctor to be called on for their opinion, it will be a favorable report. Please contact attorney Bruce S. Lipsey for further questions. 781-829-9100. WWW. elclaw.com.
The option is there for an individual who is applying for Social Security Disability benefits to either apply on line herself, apply in person at the local social security office or have my law firm file it for you. Given the fact that there is a waiting period of five months before benefits can start, I would recommend waiting a few months before applying. Please contact me with any questions. Bruce Lipsey, Esq. 781-829-9100. elclaw.com
Attorneys’ fees in Social Security Disability claims are set by the Social Security Administration’s commissioner. Currently, the fee is based on a contingency (you win). The fee is 25% of the retroactive award, with a cap of $6,000. So, if the retroactive is $10,000, the fee is $2,500 and that is mailed directly by the government to the attorney without the claimant’s involvement. Please contact Bruce Lipsey at Epstein, Lipsey & Clifford, P.C. for more information. 781-829-9100. blipsey@elclaw.com
If a person receives SSDI payments as a result of being disabled in a motor vehicle accident and then receives a settlement from the driver responsible for the accident, does Social Security have a lien on a third party settlement?
Based on current regulations and statutes, Social Security does not have a lien, however, pursuant to 42 U.S.C. 1395y(b)(2) (“The Medicare Secondary Payer Act”) provides that Medicare beneficiaries are required to reimburse Medicare for injury-related medical expenses paid by Medicare on a conditional basis for which recovery has been made as legal settlement with a third party. As of January 1, 2010, third party insurers will be obligated to inform Medicare any individual who is seeking a third party settlement who may be entitled to Medicare. Therefore, it is very important to identify at the beginning of a case whether or not their will be a potential Medicare recovery so that we can properly coordinate which Medicare paid medicals are related with the third party insurer and so that proper funds can be paid to Medicare at the time of settlement.
Generally speaking, an attorney is not required at the application stage. Although I routinely handle questions for applicants, it is not necessary to formally retain an attorney. I recommend counsel be hired at the reconsideration stage as at that point the social security administration has made its decision to not pay. Bruce Lipsey. Blipsey@elclaw.com. 781-829-9100
When a case is brought forward to hearing, one witness that the claimant should be aware of is the vocational expert retained by the government. Though the expert is not called upon to cross examine the claimant, he/she is asked a series of hypothetical questions which will be used by the judge to determine employability. It is important that the medical evidence in the case goes in strong so that the vocational expert will be forced to at least address the claimant’s medicals in answering the hypotheticals. Please contact Attorney Bruce Lipsey at Epstein, Lipsey & Clifford (elclaw.com) for further questions. 781-829-9100.
The term “substantial gainful activity” is used by the administration to describe not only your actual earnings but your level of activity. You are allowed to work to a minimal degree for pay while collecting social security. In 2010, the level is $1,000 per month. The judge can find that you are still considered disabled even if your earnings are higher if you can prove that your work was overpaying you in relation to the work you were doing, substantial accommodations were made to keep you at work, maybe a helper was provided to you or you spend money on medical equipment to affords you the ability to travel to work. There are regulations in place that help define this more specifically.
Generally, the application takes 2-3 months to process. Most our denied at this level. The appeal, or reconsideration level, will take another 2-3 months. One is then required to request a Hearing before a judge. Remarkably, this could take a year. Therefore, it is imperative that the case is developed aggressively along the way so the applicant is prepared at every level for decision making.
If you are late in filing an appeal, all might not be lost. There are several criteria that can be used to open up a late appeal. For example, if you suffer from mental illness and did not understand the process, have difficulty with the English language or were mislead by the Social Security Administration, your appeal might be allowed to proceed.
