Guilty plea in fraud case

It seems like everyone has heard about someone who is getting Social Security Disability benefits but who does not deserve them. Here is a story about what happens to someone who filed a false claim:

A 36-year-old Ferrellsburg woman faces up to five years in prison, a $250,000 fine and an order of restitution after pleading guilty to filing a false social security claim.

Cannon & Anderson, Attorneys
Straight Answers about Social Security Disability
2924 Tazewell Pike, Ste. F
Knoxville, Tennessee 37918
(865) 522-9000

How do I receive the lump-sum death payment after a relative dies?

A lump-sum death benefit of $255 may be paid upon the death of a person who has worked long enough to be insured under the Social Security program. The lump-sum death benefit can be paid upon the death of the insured person even if they were not receiving retirement or disability benefits at the time of death.

A one-time payment of $255 is payable to the surviving spouse if he or she was living with the beneficiary at the time of death OR, if living apart, was eligible for Social Security benefits on the beneficiary's earnings record for the month of death. If there is no surviving spouse, the payment is made to a child who was eligible for benefits on the beneficiary's earnings record in the month of death. If no spouse or child meeting these requirements exists, then the lump sum death payment will not be paid. The lump sum death payment cannot be paid to funeral homes for funeral expenses.

To file for the benefit, call 800-772-1213 and request an appointment for your local office. Depending on where you live, the local office might be in Knoxville, Morristown, Oak Ridge, Athens, or Cookeville. You must file the application for the lump-sum death payment within the two-year period ending with the second anniversary of the insured person's death.

Cannon & Anderson, Attorneys
Straight Answers about Social Security Disability
2924 Tazewell Pike, Ste. F
Knoxville, TN 37918
(865) 522-9000

Merry Christmas from Cannon & Anderson

The Offices of Cannon & Anderson, Attorneys will be closed until Monday, December 27, 2010.

Merry Christmas, everyone.

Cannon & Anderson, Attorneys
Straight Answers about Social Security Disability
2924 Tazewell Pike, Ste. F
Knoxville, TN 37918
(865) 522-9000

In Most Cases, Social Security Benefits are not Subject to Claims of Creditors

Did you know that according to Section 207 of the Social Security Act, the right of any person to any future payment . . . shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process.

To make a long story short. Social Security benefits are protected from claims of creditors. There are a few exceptions, such as payment of back taxes and federally-subsidized student loans, but for the most part a creditor can't touch your Social Security. This is true for Social Security Retirement, Social Security Disability, Social Security Widow's Benefits, SSI benefits, and Social Security Survivor's benefits.

If you are being harassed by creditors and receive Social Security benefits, call us. We are attorneys who can help.

Cannon & Anderson, Attorneys
Straight Answers about Social Security Disability
2924 Tazewell Pike, Ste. F
Knoxville, TN 37918
(865) 522-9000

What if my 60 days to appeal are running out?

The best thing to do is speak with an attorney about your Social Security Disability claim before your 60 day appeal time expires. However, in some cases that may not be possible.

You can appeal your denial of Social Security Disability benefits online using the Social Security's secure website.

https://secure.ssa.gov/apps6z/iAppeals/ap001.jsp

You should always print a copy of everything you file with Social Security, in case there is a problem later. Also, be sure to see a competent attorney right away to evaluate the strengths and weaknesses of your case. Social Security law is complex and we provide free consultations.

Call us and get straight answers about your Social Security Disability case.

Cannon & Anderson, Attorneys
Straight Answers about Social Security Disability
2924 Tazewell Pike, Ste. F
Knoxville, TN 37918
(865) 522-9000

Attorney Edwin Anderson has been elected to serve as Secretary of the Rotary Club of Knoxville, Tennessee for 2011-2012.

Rotary is an organization of business and professional leaders united worldwide who provide humanitarian service, encourage high ethical standards in all vocations, and help build goodwill and peace in the world.

Cannon & Anderson, Attorneys
Straight Answers about Social Security Disability
2924 Tazewell Pike, Ste. F
Knoxville, TN 37918
(865) 522-9000

Cannon & Anderson, Attorneys
Straight Answers about Social Security Disability
2924 Tazewell Pike, Ste. F
Knoxville, TN 37918
(865) 522-9000

Social Security disability claims on the rise nationally and locally.

According to TriCities.com, the Johnson City Office of the Social Security Administration says that since 2007, the number of folks filing for disability locally has risen by thirty four and a half percent.

We believe the same trend is happening here in Knoxville.

Whether your live in Johnson City, Knoxville, or anywhere in between, the attorneys at Cannon & Anderson can help you with your Social Security Disability case.

Call us for a free consultation.

Cannon & Anderson, Attorneys
Straight Answers about Social Security Disability
2924 Tazewell Pike, Ste. F
Knoxville, TN 37918
(865) 522-9000

How long? An update.

We recently received an updated report from NOSSCR that the average waiting time for Social Security Disability and SSI claims is now 276 days in Kingsport, Tennessee (was 286), 440 days in Knoxville, Tennessee (was 445), 432 days in Chattanooga, Tennessee (was 416), and 482 days in Nashville, Tennessee (was 467).

The worst office in the country? Columbus, Ohio: 634 days.
The best office in the country? Middlesboro, Kentucky: 256 days.

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

Can't sleep? Worried about Social Security Disability?

To play, you may need to nudge the arrow to the right after the video loads.

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

Who decides if I am disabled?

In Tennessee, after you file a Social Security disability claim, the case file is sent to a disability examiner at the Disability Determination Section (DDS) within the Tennessee Department of Health in Nashville.

This individual, working with a doctor who has been paid by the State of Tennessee, makes the first decision on your case.

If the claim is denied and you ask for "reconsideration", the case is sent to another disability examiner in the same office.

Think of it this way: If you got a traffic ticket, but thought the police officer was wrong, you first have to argue your case to the police officer's partner before you get to see the judge.

If a claim is denied at reconsideration (and most Social Security disability claims in Tennessee are), you can then request a hearing before a Social Security Judge.

After hearing your testimony and reviewing all of the evience, the Judge makes an independent decision on your claim.

Some firms will only take cases after the reconsideration step is over. At Cannon & Anderson, Attorneys, we take cases from the beginning, protecting your rights every step of the way.

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

I live in Morristown. Can you take my case?

Yes.

As attorneys, Cannon & Anderson have handled many cases for people who have filed for Social Security Disability or SSI benefits and who live in or near Morristown, Tennessee.

Social Security disability and SSI cases for people who live in Morristown are handled by the Social Security Office of Disability Adjudication and Review in Kingsport, Tennessee. However, you and your lawyer don't have to drive to Kingsport for your case. The judge will come to you.

Social Security has a hearing office in downtown Morristown. The Judges comes from Kingsport and schedules several disability cases per day in Morristown.

If you live in or around Morristown, call us for a free consultation. We can handle your case.

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

How do lawyers who represent Social Security disability claimants get paid?

If you hire us to work on your case, in almost all cases, the fee is one-quarter (25%) of the back benefits if you win no fee if you do not win.

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

Little-Known Disabled Adult Child Benefits

In rare cases, a young adult becomes disabled before he or she has earned enough credits while working to quality for Social Security Disability benefits on his or her own.

An adult disabled before age 22 may be eligible for Disabled Adult Child (DAC) benefits if a parent is deceased or receives retirement or disability benefits from Social Security. This is called a "child's" benefit because it is paid on a parent's Social Security earnings record.

The "adult child"—including an adopted child, or, in some cases, a stepchild, grandchild, or step grandchild—must be unmarried, age 18 or older, and have a disability that started before age 22.

You can read more about DAC benefits here.

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

What Does Social Security Mean by Disability

One person's definition of disabled may be different than another.

Is it enough to be unable to do the job that you have done for the past 20 or 30 years? What if you have had many jobs in the past? What is your doctor says you can't work?

Social Security has a strict definition of disability. Read about it here on their website. If you are denied, don't give up. Call us.

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

How Long? An Update

We just got a report from NOSSCR that the average waiting time for Social Security Disability and SSI claims is now 286 days in Kingsport, Tennessee (was 305), 445 days in Knoxville, Tennessee (was 455), 416 days in Chattanooga, Tennessee (was 463), and 467 days in Nashville, Tennessee (was 501).

The worst office in the country? Dayton, Ohio: 634 days.

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

Compassionate Allowances for Alzheimer's Disease

Alzheimer's Disease is a debilitating condition which takes a terrible toll on families. The Social Security Administration has recently made it easier for people with Alzheimers who have not reached full retirement age to receive Social Security disability benefits.

http://www.wvnstv.com/story.cfm?func=viewstory&storyid=75020

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

If I get Social Security disability benefits will I also get Medicare?

Yes. However there is a waiting period.

After a person is eligible for Social Security Disability benefits and has received 24 monthly payments (2 years), that person is eligible for Medicare Health Insurance benefits. Social Security will deduct the Medicare premium from each monthly check.

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

Are Social Security Disability Benefits Taxable?

In some cases: Yes. This includes Social Security Disability and Social Security retirement payments.

You will soon receive a Form SSA-1099 from the Social Security Administration showing the amount of the benefits (disability or retirement) that you received in 2009. To determine if any of your benefits are taxable, figure 50% of your Social Security benefits, and add all of your other income for the year.

Compare that amount with the base amount for your filing status. For single people, the base amount is $25,000. If one-half of your benefits and all your other income is less than $25,000 none of your benefits are taxable.

There are deductions available for attorney's fees in cases where someone had to hire an attorney in order to get their benefits. Be sure to consult with your tax professional, because everyone's situation is different.

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

Free Social Security Disabilty Seminar

Cannon & Anderson will hold a free public seminar on Social Security Disability and SSI benefits on:

Thursday, December 10, 2009 from 3:00 p.m. to 4:30 p.m.

The seminar will be held at the Fountain City Library

5300 Stanton Rd

Knoxville, TN 37918-3345

Click here for a map to the Fountain City Library.

Get Direction

We will cover eligibility, application, medical information, and what to do if you are denied Social Security Disability or SSI benefits. A question and answer session will follow. The seminar is free.

Seating is limited. Please RSVP to Cannon & Anderson at (865) 522-9000.

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

Disability Waiting Time Likely to get Longer

Read this interesting article from USA Today. Disability claims increased last year by 17% overall.

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

How much do I get if I am disabled?

The amount you receive depends on how much you have paid in through Social Security taxes. Generally, the more a person pays in taxes, the higher their disability insurance benefit.

For the exact figure, you can request a Benefit Estimate Statement from the Social Security Administration by clicking this link.

For Disability Benefits, the benefits begin five full months after you become disabled. However, benefits cannot be paid more than one year prior to the date of the claim.

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

How Long -- an Update

The statistics have been recently updated by NOSSCR. The average waiting time for a Social Security Disability hearing case at the Social Security Office of Hearings and Appeals in Knoxville, Tennessee is 490 days.

Unemployment Benefits or Disability Benefits?

With losses of jobs, many people file for Unemployment Benefits, while others turn to Social Security Disability benefits. A few do both. Here are some tips:

1. To receive unemployment in Tennessee, you must certify that you are READY to work, ABLE to work and LOOKING for work.

2. To receive Social Security Disability benefits, you must certify that you are UNABLE to work.

A person cannot have it both ways. If you elect to receive unemployment, you cannot claim to be disabled at the same time. In my experience, the Social Security judges take a dim view of people who take unemployment benefits, then ask for disability benefits at the same time. The Judges believe someone who does that is either lying to the State, or lying to the Federal government.

Get a free consultation and talk to us before filing for any benefit if you think you cannot work.

I have a new condition, do I get more in disability?

From time to time, a client whose case we have already won will call and tell me that their doctor has diagnosed them with a new condition that they did not have before and things are worse. They want to know, "Can I get more Social Security Disability benefits?"

The answer is "No." Think of Social Security disability benefits like a light switch. It is either on or off. There is no dimmer. The benefits you receive are tied to the amount of work and taxes you have paid over the years. Generally, the more you work, the more you earn, and the more taxes you pay over the years, the more you will receive in Social Security disability benefits.

Here is an article from the Asbury Park Press that gives a good explanation.

Social Security Struggles With Disability Backlog

NPR did a story on today's "Morning Edition" program telling about the problems SSA has with the disability backlog. We have a similar backlog in East Tennessee. In Knoxville, the wait time for a hearing is approximately 18 months. In Kingsport, it is approximately 13 months.

Read the whole story here.

What is this going to cost me?

I get lots of telephone calls from people with Social Security Disability claims who are worried about the fee for an attorney. In most cases, my client and I both sign a Fee Agreement. No fee is owed unless we win your claim for Social Security Disability or SSI benefits.

If we win, the fee is 25% of the back benefits, subject to a cap set by SSA. There is no fee on future benefits.

If you are interested, you can read all of the details about the Fee Agreement process here.

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

First, be honest and complete in giving information to Social Security about what is disabling you. Many claimants, for instance, fail to mention their psychiatric problems to Social Security because they are embarrassed about them. In almost all cases, individuals who were slow learners in school fail to mention this fact to Social Security, even though it can have a good deal to do with whether or not the Social Security disability claim is approved.

Second, keep appealing. Most claims are denied in the early stages. Many people who have good claims give up. Don't give up.

Most important, hire an experienced person to represent you. It is important to hire an experienced person who understands the way Social Security works. Statistically, people who employ an attorney to represent them are much more likely to win than those who go unrepresented.

Disability Benefits and Income Taxes

Each year we get questions from former clients about how their Social Security benefits affect income tax. Here is a good handout from NOSSCR that is worth reading.

Medical Care for Those Without Insurance

The next West Knoxville Free Clinic is scheduled for March 28th.

Call 865-675-3743 to make an appointment or obtain additional information.

The clinic takes place at Farragut Family Practice (11201 West Point Drive, Suite 102 Knoxville, TN 37934).