Monday, August 29, 2005

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.

Wednesday, August 24, 2005

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.

Thursday, August 18, 2005

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.

Thursday, August 11, 2005

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.

Sunday, August 07, 2005

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.