How Long? An Update.

Today, the scheduling clerk called to set a hearing for one of my clients. His hearing is scheduled January 8, 2007. His Request for Hearing was filed in April 2005.

Cannon & Anderson
Straight Answers about Social Security Disability
2916 Tazewell Pike, Ste. F
Knoxville, TN 37918
(865) 522-9000

Who decides whether I am disabled?

In Tennessee, after you file a Social Security disability claim, the case is sent to the Disability Determination Section of the State Department of Human Services in Nashville.

This individual, working with a doctor, makes the initial decision on the claim. If the claim is denied and the individual requests reconsideration, the case is then sent to another disability examiner in the same office, where it goes through much the same process.

If a claim is denied at reconsideration, the claimant may then request a hearing with an Administrative Law Judge who works for Social Security. In Knoxville, these judges are at the Office of Disability Adjudication and Review, located in the First Tennessee Bank building downtown. The Judge makes an independent decision upon the claim. This is the only level at which the claimant and the decision maker get to see each other.

At Cannon & Anderson, we believe the hearing before the Judge is the most important step and is the best chance to win your case.

Cannon & Anderson
Straight Answers about Social Security Disability
2916 Tazewell Pike, Ste. F
Knoxville, TN 37918
(865) 522-9000

Family admits burning body, collecting benefits

Three relatives of a deceased northeast Missouri man admitted they burned his body, then continued to cash his Social Security disability checks for nine more years.

http://www.belleville.com/mld/belleville/news/state/16169442.htm

Man accused of faking mental impairment to collect benefits

For nearly 20 years — ever since Pete Costello was 8 — his mother has collected disability benefits on his behalf. In meetings with Social Security officials and psychologists, he appeared mentally impaired and unable to communicate. His mother insisted he couldn't read or write, shower, care for himself or drive.

Pete Costello sat in court Tuesday, saying nothing, but showing no outward sign he is mentally impaired. He works as an auto-body repairman and lives with a girlfriend and two of her children, prosecutors said.

Read the whole story in the Seattle Times.

Social Security system frustrates local resident

This story ran today in the Carlsbad Current Argus, out of Carlsbad, New Mexico. Apparently, folks there have the same problem that folks here in East Tennessee do when applying for benefits.

Last year, [Robert] Johnson was diagnosed with Amyotrophic lateral sclerosis, also known as Lou Gehrig's disease. ALS is marked by gradual degeneration of the nerve cells in the central nervous system that control voluntary muscle movement.

He's applied for disability, but the federal agency has concluded that he can still work. He knows he's not alone, but is frustrated with a system he feels seems to make its decisions based on the number of functioning limbs instead of on specific circumstance.

I think that if Mr. Johnson hires an attorney and follows his attorney's advice, that he will win his case.

Cannon & Anderson
2916 Tazewell Pike, Ste. F
Knoxville, TN 37918
(865) 522-9000

Flu Shot Saturday a Success

The Rotary Club of Knoxville, the Knox County Health Department, and Knoxville News-Sentinel held Free Flu Shot Saturday this morning all across Knoxville.

I volunteered at South Doyle High School, and spent most of the morning in the parking lot, helping people get to the right place. There's a photo of me, just before it started to rain.

Just at South Doyle, more than 700 free shots were given out.

Cannon & Anderson, Attorneys
2916 Tazewell Pike, Ste. F
Knoxville, TN 37918
(865) 522-9000

Give it a shot: Five sites set for free flu vaccination event Nov. 11

The Rotary Club of Knoxville will help with Free Flu Shot Saturday on November 11, 2006. Read this Knoxville News-Sentinel Article for details.

I'll be volunteering at South Doyle High School. I hope to see you there.

Why Does Social Security make it so hard for me to get my own money back?

Actually, when you file a Social Security disability claim, you are not trying to just get "your own money" back. If you are successful, the benefits you can receive will be much more than you ever paid in.

The money we pay in is like the premium for an insurance policy. Everyone who works pays in a small amount. Very few people become disabled, but the money paid in by everyone goes to pay a few unlucky folks who can't work.

For example, a 45 year old worker who pays in an average amount to Social Security over the years might receive, say, $ 1,200.00 per month in cash benefits if he becomes disabled. From age 45 to age 65, assuming his condition does not improve, he will receive $ 288,000.00. That does not even figure in cost of living adjustments (COLAs) or the value of Medicare Health Insurance and Prescription Insurance Benefits.

Cannon & Anderson, Attorneys
2916 Tazewell Pike, Ste. F
Knoxville, TN 37918
(865) 522-9000

Crime Doesn't Pay

THOMAS BURNS, 56, and MATTIE BURNS, 52, of Marshall, Texas, have both been indicted for Theft of Government Property in excess of $1,000.00 and Concealment of an Event to Secure Social Security Insurance Disability Benefits.

The indictment alleges that from November 8, 2001 through March 24, 2005, Thomas Burns concealed employment with companies called Jessie Oil Field Service and Dan Blocker Petroleum with the intent to fraudulently secure payments from the the Social Security Administration.

If convicted the Burns each face up to ten years in federal prison and a $250,000.00 fine.

DAVID KEGLEY, 55, and MARION KEGLEY, 61, of Tyler, Texas, have both been indicted for False Statements for Use in Determining Disability Insurance Benefits. The indictment alleges that on September 20, 2004, David and Marion Kegley both made false statements and representations to the Social Security Administration for use in determining rights to Social Security Disability Benefit payments. Specifically the indictment alleges that they both stated that David Kegley had not worked since 1988, when in fact they both knew that David Kegley had done work for "Homes by Greg Langley" from 1994 through 2000 and for "Terry Blevins Homes" from 2002 through 2004.

If convicted the Kegleys each face up to ten years in federal prison and a $250,000.00 fine.

It is important to note that an indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.

Cannon & Anderson, Attorneys
2916 Tazewell Pike, Ste. F
Knoxville, TN 37918
(865) 522-9000

How Long? Another Upate.

The Social Security Hearing Office in Knoxville scheduled cases for two of our clients today. Both clients Request for Hearing was filed in June 2005 and both cases are claims for Social Security Disability Benefits. One of the cases will be heard shortly after Thanksgiving and the other will be heard the first week in December.

Based on this, currently, the Office of Disability Adjudication and Review (ODAR) in Knoxville has about a 17-month wait for the cases to be heard.

The Knoxville ODAR handles cases for people living approximately 75 miles from Knoxville.

Cannon & Anderson
2916 Tazewell Pike, Ste. F
Knoxville, TN 37918
(865) 522-9000

How can I tell if I will be found disabled by Social Security?

Unless the condition causing your disability is something catastrophic (terminal cancer, blindness, paralysis of both legs, etc.) there is no easy way for you to tell whether you will be found disabled by Social Security and win your case.

Whether or not you apply for Social Security disability benefits should not be based upon whether or not you think Social Security will find you disabled.

At Cannon & Anderson, we are familiar with Social Security disability and weigh a lot of factors when deciding to take a case, but even then we can not be sure. There are no guarantees in a Social Security Disability case.

Instead of wondering if you will win, make your decision based on your own belief about your condition. If you believe that you are not going to be able to return to work in the near future, you should file for Social Security disability benefits. If you are denied, call us for a free evaluation as to the chances of success on appeal. Don't give up!

Cannon & Anderson
2916 Tazewell Pike, Ste. F
Knoxville, TN 37918
(865) 522-9000

Map of
2916 Tazewell Pike
Knoxville, TN 37918-1873

How Tennessee rejects more Social Security claims from the sick and disabled than any other state

This interesting article ran recently in the Nashville Scene. It talks about the trouble that people in Tennessee have in getting their Social Security Disability benefits, and why many people find themselves needing a lawyer to get the Social Security disability benefits that they deserve.

About three-quarters of initial claims are rejected annually in Tennessee, creating a backlog of cases. That high rate of rejection, combined with an increase in disability claims in recent years—in part because of the aging baby-boomer population—has created a bottleneck in the system, forcing claimants to wait up to 18 months before their cases are heard.

Given that Tennessee has long been notorious for performing poorly in its role of deciding who should receive the federal benefits, many local attorneys who specialize in such cases say they aren’t surprised. The federal government bestows this responsibility on the states, which operate federally funded offices called Disability Determination Services. Tennessee’s DDS office is located in Nashville and employs about 200 examiners who review disability applications and ultimately approve or deny claims. Critics say that Tennessee’s examiners have consistently been among the lowest paid in the country, and that the state has one of the highest attrition rates among examiners nationwide, suggesting inexperienced employees and frequent turnover might be to blame for the state’s high rate of rejections.

You can read the entre article here.

Vote Tuesday November 7

Tuesday is election day. In Tennessee, one of our Senate seats and all nine of the house seats are up for election. The House and Senate will vote on any upcoming changes to the Social Security Disability program.

In addition, the Governor's chair is up for election, and there are a number of state and local ballot initiatives.

The Knoxville News-Sentinel has published an excellent Voter's Guide. The polls close at 8:00 p.m. Don't squander your most important right as an American. Vote.

My doctor says I am totally disabled so why did Social Security turn me down?

This is a question that Joel and I hear a lot.

Social Security's position is that it is not up to your doctor to determine whether or not you are disabled. It is up to them. They will make their own decision regardless of what your doctor (or your lawyer) thinks.

Usually, though, it is a good sign that your doctor will write a letter or make such a statment on your behalf. That means the doctor will probably support your claim. At Cannon & Anderson we seek out specific evidence about what your doctor thinks you can do, and use this information to help the chances of winning your case.

If you have a letter from your doctor, saying that you are disabled, and Social Security turns you down anyway, call us as soon as you get your denial letter. We can help get the evidence going in your direction.

How do you "rate" your pain?

Nearly every Social Security disability client I see is asked if they have pain. Most do. Usually the next question is, "Rate your pain on a scale of 1-10". The problem is, no one really understands the meaning of the ratings. A person with back pain may have never experienced something as bad and say "10!"

Down the road, a judge might think that person is exaggeraing.

The most important thing you can do for your Social Security disabilty or SSI case is to be honest about your answers. The following ratings come from the McGill Pain Questionnaire, which is used by a number of anesthesioloogists.

0 . No pain. Feeling perfectly normal.

1. Very Mild. Very light barely noticable pain, like a mosquito bite or a poison ivy itch. Most of the time you never think about the pain.

2. Discomforting. Minor pain, like lightly pinching the fold of skin between the thumb and first finger with the other hand, using the fingernails. Note that people react differently to this self-test.

3. Very noticable pain, like an accidental cut, a blow to the nose causing a bloody nose, or like a doctor giving you an injection. The pain is not so strong that you cannot get used to it. Eventually, most of the time you don't notice the pain. You have adapted to it.

4. Distressing. Strong, deep pain, like an average toothache, the initial pain from a bee sting, or minor trauma to part of the body, such as stubbing your toe real hard. So strong you notice the pain all the time and cannot completely adapt. This pain level can be simulated by pinching the fold of skin between the thumb and first finger with the other hand, using the fingernails, and squeezing real hard. Note how the simulated pain is initially piercing but becomes dull after that.

5. Very Distressing. Strong, deep, piercing pain, like a sprained ankle when you stand on it wrong, or mild back pain. Not only do you notice the pain all the time, you are now so preoccupied with managing it that you normal lifestyle is curtailed. Temporary personality disorders are frequent.

6. Intense. Strong, deep, piercing pain so strong it seems to partially dominate your senses, causing you to think somewhat unclearly. At this point you begin to have trouble holding a job or maintaining normal social relationships. Comparable to a bad non-migriane headache, or a bad back pain.

7. Very Intense. Same as 6 except the pain completely dominates your senses, causing you to think unclearly about half the time. At this point you are effectively disabled and frequently cannot live alone. Comparable to an average migraine headache.

8. Uttery Horrible. Pain so intense you can no longer think clearly at all, and have often undergone severe personality change if the pain has been present for a long time. Suicide is frequently contemplated and sometimes tried. Comparable to childbirth or a real bad migraine headache.

9. Excruciating and Unbearable. Pain so intense you cannot tolerate it and demand pain killers or surgery, no matter what the side effects or risk. If this doesn't work, suicide is frequent since there is no more joy in life whatsoever. Comparable to throat cancer.

10. Unimaginable or Unspeakable. Pain so intense you will go unconscious shortly. Most people have never experienced this level of pain. Those who have suffered a severe accident, such as a crushed hand, and lost consciousness as a result of the pain and not blood loss, have experienced level 10.

Dozens Charged In Alleged Social Security Scam

People like this make it harder for honest people to get their Social Security Disability benefits.

Read the whole story here.

Help With Prescription Drug Costs

Many of my clients seeking Social Security Disability have trouble getting their prescriptions filled. Here is a link to a site that may be able to help with the costs of prescription medications. Be sure to fill in the link telling them that you live in Tennessee.

http://www.togetherrxaccess.com/home.html

Will a Lawyer Help Me Win My Case?

Yes, but there are no guarantees, even with an attorney handling the Social Security disability case. A November 2003 GAO report includes the following information:



According to the General Accounting Office, of the people sampled, those without an attorney to handle their Social Security disability case are more likely to lose than win. Interesting stuff.

The entire report can be read here: http://www.gao.gov/new.items/d0414.pdf.

What can I do to improve my chances of winning my Social Security disability or SSI claim?

Be honest and complete when you give information to Social Security.

Some people go to extremes. One judge related a story where a man told Social Security that he could not raise his right arm. Then, at the hearing, the man raised his right arm when he took the oath to testify truthfully. Probably what was true was that the man had trouble raising his right arm. That's what he should have said.

Some people fail to mention their psychiatric problems to Social Security because they are embarrassed about them. Someone who has trouble reading or writing may fail to mention this fact to Social Security.

Besides being honest and complete with Social Security, the most important thing that you can do is just keep appealing and hire an experienced lawyer to represent you. It is important to appeal because a lot of people are denied at the initial level, but approved at higher levels of review. It is important to hire an attorney to represent you because you do not understand the way Social Security works. People who use an attorney are much more likely to win than those who go it alone.

At Cannon & Anderson, we do not charge a fee to meet with you and evaluate your case. For people trying to get disability benefits, we do not charge a fee unless we win your case. You can always call to make an appointment to see us at (865) 522-9000. We handle cases for people all across East Tennesee.

New Television Commercials Running

Anyone across East Tennessee or in the Knoxville area who subscribes to Comast or Charter cable, can look for our new commercials running on the 10News2 Network.

Both spots give people with questions about Social Security Disability or SSI, straight answers to their tough questions about Social Security Disability benefits.

We handle cases throughout East and Middle Tennessee.

Medicare Notifies 632,000 They Need to Enroll

This article from the Knxoville News-Sentinel:

WASHINGTON - The federal government has told about 632,000 elderly and disabled people they won't be automatically enrolled in a Medicare drug plan next year.

Anybody living in East Tennessee who is receiving Social Security Disability benefits and has qualified for Medicare needs to make sure they are enrolled in "Part-D" as soon as possible.

If you are already qualified, you shouldn't need an attorney to sign up.

Click here for the full story.

2007 Cost of Living Increases

Based on the increase in the Consumer Price Index (CPI-W) from the third quarter of 2005 through the third quarter of 2006, Social Security and Supplemental Security Income (SSI) beneficiaries will receive a 3.3 percent COLA for 2007. Other important 2007 Social Security information can be found here.

Free Social Security Disability Seminar

Cannon & Anderson will present a free informational seminar on Social Security Disability and SSI benefits at the Cedar Bluff Branch of the Knox County Public Library, located at 9045 Cross Park Drive in Knoxville. We will provide information that you need to know if you are filing for or have recently been denied Social Security Disability or SSI benefits. Attorneys Joel Cannon and Ed Anderson will make the presentation.

The seminar will be held Wednesday, May 10, 2006 and will begin promptly at 6:00 p.m. There is no charge for the seminar.

Please rsvp by calling 865/522-9000.

Knox County Rolls out Prescription Drug Program

A lot of our clients have problems making ends meet with prescription drug costs. You can sign up for the card at http://www.knoxrxcard.com/

This information was reported in the Knoxville News-Sentinel today:

County rolls out discount drug card program

Anyone can join to get money off brand name or generic medicines

By MICHAEL SILENCE, silence@knews.com
February 21, 2006

With the potential for individuals to save hundreds of dollars annually on prescription drugs, Knox County is launching a discount card program that everyone can join.

And all it takes is either a phone call or a few mouse clicks to get the card.

At a press conference this morning, officials will announce the program in conjunction with Advantage Wellness of America, a privately held company based in Knoxville.

Through bulk participation, the program can offer discounts on many drugs, in a few cases up to 75 percent off.

And according to a search on the site set up for people to download the card, at least 88 pharmacies in the county participate, including CVS, Kroger, Wal-Mart, Walgreens, Sam's and Target, to name a few.

The program is open to the insured and the uninsured, and applies to brand name and generic drugs, said Commissioner Mike Hammond, who last fall launched an effort to get such a program.

The effort was launched after people were cut from the state's _TennCare rolls. And while it is aimed at the uninsured and underinsured, anyone can use what is known as the Knox RX Card.

For those insured, the card cannot be used in conjunction with insurance but can be used on prescriptions outside of one's coverage.

"We've had several participants tell us that the prescription card is saving them hundreds of dollars a year," said AWA official Tim Helton.

There is no enrollment cost, and the card can be printed out online in just a few seconds. For those without Internet access, those who wish to obtain a card can call for one to be sent, or get assistance at any library or senior center, officials said.

Hammond also said that on the card's Web page, users may type in their ZIP code and find nearby participating pharmacies. He also said explanation is available in Spanish at the Web site.

AWA is a separate operating unit of United Networks of America Inc. AWA provides discount health and wellness benefit programs to employer groups, individuals, families and associations.

Michael Silence may be reached at 865-342-6310.

College Professor and Published Author Is Convicted of Fraud

I enjoy reading about cheaters who get caught. This article appeared in the most recent edition of Eye on OIG.

Based on an anonymous tip to the SSA Fraud Hotline, agents from our Indianapolis Office began an investigation of a woman who had been receiving disability benefits since 1985 for rheumatoid arthritis. Investigation revealed that the beneficiary was a university professor and published author under various pseudonyms, who used her husband's SSN to conceal her work earnings from SSA.

In July 2003, SSA initiated a Disability Review, and the woman denied she had been employed or earned any income while receiving SSA benefits. In November 2003, a search warrant was executed at the woman's residence, and forensic analysis of her computer later confirmed her career as a professor. Additionally, items seized revealed that she had been paid by major book and magazine publishers under her husband's SSN. Ironically, she published several books under various pseudonyms that provided tips on how to benefit financially from government loopholes.

SSA determined that the income she earned using her husband's SSN made her ineligible to receive SSA benefits from January 1999 to February 2004. In July 2005, the beneficiary pled guilty to one count of Corrupt Business Influence and was sentenced to 545 days of home detention, 6 years' probation, 40 hours of community service, and was ordered to pay restitution to SSA of $77,180.