How long? Another update.

It looks like the OHA staff is hard at work during the week between Christmas and the New Year. We got calls to schedule three hearings today.

Two hearings are set for February 6, 2006. The appeals were both filed in October 2004.

The third case is set for hearing on February 9, 2006. The appeal was filed in early November 2004.

Free Social Security Disabilty Seminar

Cannon & Anderson will provide a free informational seminar on Social Security Disability benefits at The Wellness Community, located at 702 Lindsay Place in Knoxville. We will provide information that you need to know if filing for Social Security Disability or SSI benefits. Attorneys Joel Cannon and Ed Anderson will make the presentation.

The seminar will be held Wednesday, January 18, 2005 and will begin promptly at 6:00 p.m. The Wellness Community of East Tennessee provides support services for cancer patients and their families.

Please rsvp by calling 546-4661.

Campbell County: Watch for our ads

Beginning in January, our ads will run on Comcast Cable stations in Campbell County, Tennessee.

Over the years we have had many good clients from Jacksboro, LaFollette, Speedwell, Duff, Jellico, and other parts of Campbell County. We want to help as many people there as we can.

What about all these freeloaders?

I hear this question all the time. Nearly everyone "knows" someone who is getting Social Security Disability in Knoxville or elsewhere in East Tennessee, but doesn't (in their opinon) deserve it.

Frequently, Joe and I challenge these people to name the freeloader. "Just tell us who doesn't deserve it and we'll help you turn them in." Rarely do we get any takers. Maybe it's all hyperbole.

In any event, I think those few who receive benefits but do not deserve them make it harder for those who do deserve them to get them. Joe and I (and probably most Social Security Attorneys) avoid taking clients who don't have a legitimate claim that they are disabled.

If you know someone who is trying to cheat the system, report them. The SSA has set up a fraud reporting site which is easy enough to use.

How Long? Another update.

Late last week the Knoxville OHA called to schedule another Social Security Disability case for one of our clients.

This one is scheduled for January 31, 2006. We filed this client's Request for Hearing in October 2004. Cases are now being set right around 15 months from filing.

Free Disability Seminar Tuesday Night

Just a reminder that we are hosting a free seminar about Social Security Disability and SSI benefits at the Halls Branch Library, 4518 E. Emory Road in Halls.

The seminar begins at 6:00 p.m. and should last about an hour. Please call 865-522-9000 with questions.

1,047,700 Tennesseeans Receive Social Security Benefits

An interesting statistic from SSA. However, only 163,300 receive disability.

See the entire statistical sheet here.

SSAs Medicare Website

The Medicare prescription plan (Part D) is supposed to begin November 15, 2005. The choices of care are dizzying.

Medicare.gov has recently posted a site to help guide you through the various choices available to you.

Click here to be taken to the site.

Social Security Increases Benefits

Monthly Social Security and Supplemental Security Income benefits for more than 52 million Americans will increase 4.1 percent in 2006, the Social Security Administration announced Friday.

Read the full story here.

Most Popular Baby Names

Each year, SSA publishes a list of the most popular baby names. Here is the list for 2004.

Apparently, we aren't as popular as we used to be.

Joel came in this year at 125.
Edwin came in at 173.

Free Social Security Disability Seminar in Halls

Cannon & Anderson are hosting a free educational seminar covering Social Security Disability/SSI benefits, and the application process.

The seminar will be held at the Halls Branch Library, 4518 E. Emory Road.

The seminar starts at 6:00 p.m. on Tuesday, October 25, 2005 and should last a little over an hour. Call us at 865/522-9000 for more information.

New Cannon & Anderson Commercials On the Air!

Staring in September, three new commercials are running on Comcast Cable in Knox County. We are continuing to run our original spot, too.

Our new commercials are:

"Without a Lawyer"
"Five-Step Process"
"Seminars"

You can look for us on the following channels:

FOX News
The Weather Channel
Court T.V.
T.V. Land
Nick at Nite and
A & E

Our spots will also run periodically during the ESPN Sunday Night Football games. Let us know what you think!

How Soon? An Update

Two of my clients' cases were set for hearing this week. Both hearings will be on 11/15/2005 at the Knoxville OHA.

Client #1's Request for Hearing was filed 9/14/2004.
Client #2's Request for Hearing was field 8/17/2004.

The older case is an SSI only case. I don't know if that has anything to do with the scheduling.

As I see it, the OHA is currently running 14 to 15 months to have hearings scheduled.

Anderson out of Office 9/1/05 to 9/6/05

Ed Anderson will be out of the office from September 1, 2005 and will return September 7, 2005.

A close family friend passed away recently in San Jose, California, and Ed is traveling for the funeral services and to support the family.

While Ed is out, clients can direct any questions to Joe Cannon at the office.

Results from Social Security!

As I see it, the major problem with Social Security Disability claims is the amount of time it takes for a person's case to be heard. Social Security is not deaf to this complaint.

Here is a link to the SSA Report titled Results at the Social Security Administration: Getting it Done.

You will need Adobe Acrobat Reader to see this document. Be warned, the report is 46 pages long.

Was the Vioxx Verdict Too High?

Much has been made recently about the high verdict against the pharmaceutical company who manufactured vioxx. Here is the editorial from the Houston Chronicle setting forth reasons for the high verdict such as:

• The drug company aggressively marketed Vioxx, even after indications that the drug caused heart attacks and strokes; and
• Merck delayed strengthening the warning label on the drug for four months after calculating it would earn $229 million by waiting.

How soon are cases being heard?

Currently, the Knoxville Office of Hearings and Appeals is hearing cases about 14 months after the Request for Hearing is filed.

Joe and I each handled a hearing today. For my hearing, the Request was field May 19, 2004. For Joe's hearing, the request was filed June 29, 2004.

As best we could tell, there were four judges handling cases today. We believe 16-20 cases were heard. According to my "unofficial" source at the OHA, there are slightly over 3,000 cases waiting to be heard.

Benefits on record of Divorced Spouse

A lot of folks have questions about receiving SSD benefits on the earnings record of a divorced spouse. Usually it is the wife who has raised the kids but not worked during the marriage. If she becomes disabled, she can receive benefits based on what her husband paid in.

However, you will need to meet certain conditions: Your marriage must have lasted ten years or more and you must usually be currently unmarried. You can start collecting disability benefits at age 50 if you become disabled and can prove you meet Social Security's definition of disability.

To disabled, wait for aid can be fatal

This interesting article appeared in the Chicago Tribune. (Requires registration).

Lucy Goodlow hurts every day. It's a sharp pain that slashes across her lower back and down through her left leg, like a knife. It's the kind of pain that makes it hard to concentrate, difficult to sit, stand or walk--and impossible to work.

Because this pain wouldn't go away, Goodlow lost a longtime job.

Because she couldn't work, she stopped getting health benefits.

And with no insurance, it's been months since Goodlow has had physical therapy or an injection of pain medicine. There's no money for that now.

Goodlow is among millions of disabled adults who find themselves acutely vulnerable when their health fails. Ejected from the workforce, stripped of health benefits, snared in the bureaucracy of government programs, they are least able to get help at the time they most need it.

My suggestion to Ms. Goodlow is that she meet with an attorney qualified to handle Social Security Disabilty cases, who can help her get through the bureaucracy and paperwork.

What Happens If You Miss Your Hearing?

According to the SSA's HALLEX, your case can be dismissed unless you show good cause for failing to appear.

An Administrative Law Judge (ALJ) may dismiss a request for hearing (RH) when neither the claimant who requested the hearing, nor the claimant's representative, appears at a scheduled hearing and neither shows good cause for the absence.

Here is the entire rule.

Come see us at the Tennessee Valley Fair

Joe and I will be hosting an information booth at the Tennessee Valley Fair this year. We plan to provide information about Social Security Disability and SSI benefits to interested people.

The fair will be held in Chilhowee Park and runs from September 9-18, 2005.

Look for us in the Jacobs Building. We plan to be in booth 78, which is to your right as you walk in the front door.

SS Disability Benefits in 20 Days?

The Baltimore Sun is reporting:

Social Security Commissioner Jo Anne Barnhart said that clearly disabled individuals could be approved for benefits in as few as 20 days under the new procedures, which the agency expects to put into action next spring.

Here is the news release on the SSA website.

I hope the commissioner is right.

It just doesn't make sense.

I found this article in Sunday's "Palladium-Item" newspaper from Richmond, Indiana. It is a good answer to a question that I hear all the time:

Question from Cambridge City: "How do people get on Social Security disability? My son has Multiple Sclerosis and hasn't worked for a year. His medicine runs around $1,000 to $1,500 a month.

"His wife is laid off and lost her medical card.

"I know several who are on disability and work every day or play golf. Another man had a stroke and couldn't work and it took him five years to get on it.

"It just doesn't make sense. What are people supposed to do?"

TennCare Help

The State of Tennessee has created a helpful website to help folks navigate through the recent TennCare denials.

One of the most useful links is a section called Tennessee Health Options which includes information about prescription medication.

The Knoxville SSA Office Has Moved

It is now located at 8530 Kingston Pike, Knoxville, TN 37919. The building was formerly occupied by the Winn-Dixie Grocery Store.

Latest Issue of "Eye on OIG" posted online

The Office of the Inspector General (OIG) is the branch of SSA that investigates claims of fraud and prosecutes the offenders.

Some of their more interesting cases are reported in the Eye on OIG report that is published at the SSA website.

Here is an example of one of the latest cases:

In April 2005, a California man was sentenced in Honolulu, Hawaii to 60 months' incarceration in Federal prison, 3 years' probation, and restitution of $70,316 to SSA. He was also ordered to pay $237,407 to his ex-wife for unpaid child support. The conviction was based on an OI investigation that revealed the man assumed the identity of a deceased Title II disability beneficiary and convinced SSA that he was the individual entitled to the benefits and that the deceased beneficiary was an imposter.

A subsequent investigation revealed that the man had fled the State of California and assumed the identity of the deceased beneficiary in order to avoid paying child support. In September 1995, the California Superior Court issued an arrest warrant for the man for failure to pay the child support. This case was referred by the SSA Honolulu Office. (Case Agent Chris Castellanos, Los Angeles Field Division)

Is this Heaven?

Any Iowan knows the answer to that question.

I recently took a trip to Mapleton, Iowa with Shannon to visit my family. Here's a photo of us standing beside a cornfield near Rodney, Iowa.

You win a prize if you can find Rodney on a map.

Pilots Claimed Disability but Kept Flight Status

Here is a story reported by the Washington Post about some cheating pilots:

Forty pilots were arrested after an investigation found they were receiving Social Security disability payments for various illnesses but were still licensed to fly, federal officials said.

Who is Ed Anderson?

Just a moment to introduce myself.

I am Ed Anderson. I grew up in San Jose, California, which is in the heart of Silicon Valley. Believe it or not, San Jose is now the 10th largest city in the country.

My mother worked for the local elementary school and my father worked for Fairchild Semiconductor Company in their quality control department. Mom's job was pretty understandable to a young lad, but dad's wasn't. Dad explained it to me one evening;

"Son, when they make something at the plant, I try to break it."

That was a pretty good answer to someone who is six years old.

I went to school at UCLA and studied Political Science. I worked two jobs after graduation. During the days I worked for the Los Angeles County Bar Association and at night I worked for the UCLA police department.

After a year out of school, I enrolled in law school at the DePaul University College of Law in Chicago. I enjoyed everything about Chicago except the weather and try to visit as often as I can. While in law school I worked for the Cook County State's Attorney's Office, first working as a clerk in the criminal division, then working as a clerk in the civil division, then prosecuting drug dealers in night court (court actually started at 4:00 p.m.).

I returned home to take the California Bar Examination (I passed on the first try), then worked for Phi Alpha Delta law fraternity when they were headquartered in Granada Hills, California.

Fate brought me to Tennessee, when I met my sweetheart while visiting the University of Memphis, where she was studying. I moved to Tennesse and took the Tennessee Bar Examination (again, I passed on the first try).

I live in northwest Knoxville and make the short commute to our Fountain City office every morning.

If you have a question about your Social Security case, you can reach me at 865/522-9000.

A useful website

I have looked at a number of websites concerning Social Security Disability.

One of the most useful is http://ssaconnect.com/ which is published by David Traver, a very knowledgeable attorney out of Milwaukee, Wisconsin.

Some of the discussions are very technical, and most of the participants are attorneys and people who work for Social Security. However, a good deal of useful information is contained in the links found on the left hand side.

How long is the wait?

One of the most frustrating things about the Social Security Disability process is waiting for your case to be heard. I can't speak for all the OHAs in the country, but the one in Knoxville, Tennessee, does a pretty good job.

I am told that at any given time the judges there have about 3,000 cases in their office. New ones come in almost every day. I imagine they handle about 50-75 per week, which is no small task.

Currently in Knoxville, it takes about 10-12 months to have a case heard. Lawyers who practice in other offices have told me that the wait can be as long as 24-30 months.

Welcome to straightanswers.blogspot.com

Hello,

In the coming weeks, I look forward to posting information about disability law and general observations about life. I hope you enjoy reading this blog.