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.