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).

How long? An update.

The ODAR in Knoxville is currently scheduling cases for January 2009. These cases are people whose hearing requests were received during approximately February or March 2007. It now takes approximately 22 months for cases to be heard.

If I am disabled, do I get Medicare?

Yes.

Once a person is granted Social Security disability benefits, that person becomes eligible for Medicare. However, there is a 24-month waiting period after you have been entitled to Social Security disability benefits.

Social Security Launches New Retirement Estimator

Social Security has announced a new "Retirement Estimator". It is a a planning tool that allows you to get an immediate and personalized estimate of your potential Social Security retirement benefit.

Visit www.socialsecurity.gov/estimator to see just how easy it is to get an accurate estimate of your future benefits.

Social Security Fibromyalgia Seminar

Cannon & Anderson have been invited to speak about Social Security Disability benefits at the office of Dr. Matthew Lester on Tuesday, August 21, 2007 at 12:15 p.m. The topic will be how the disability process handles fibromyalgia cases. The meeting should last about 45 minutes.

The public is invited to attend. There is no charge for the seminar.

Dr. Lester's office is located at 901 B Merchants Dr., Knoxville, TN 37912.

Dr. Lester's website is located here.

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

How Long?

When it rains, it pours. The Knoxville Office of Disability Adjudication and Review (ODAR) called us to schedule hearings today for six (6) of our clients! It has been several weeks since any cases have been scheduled for our clients so we were glad to get the call.

On each case, the Request for hearing was filed in January or February 2005. Most of these folks became disabled some time in 2004.

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

Disability Benefits for "Wounded Warriors"

Military service members can receive expedited processing of disability claims from Social Security. Benefits available through Social Security are different than those from the Department of Veterans Affairs and require a separate application. The expedited process is used for military service members who become disabled while on active military service on or after October 1, 2001, regardless of where the disability occurs.

This, according to SSA's latest publication.

Worker's Compensation and Social Security

I got hurt on the job. I am drawing worker's compensation benefits. Can I file a claim for Social Security disability benefits now or should I wait until the worker's compensation ends?

You do not have to wait until the worker's compensation ends and you should not wait that long. You can file a claim for Social Security disability benefits while receiving worker's compensation benefits. It is best to file the Social Security disability claim as soon as possible because there may be a gap between the time the worker's compensation ends and the Social Security disability benefits begin.

Thanks to: http://nosscr.org/hallfaq.html#08

Commissioner Proposes to Extend Quick Determination Process to all States

From time to time, there have been proposals on speeding up the Disability evaluation system. Here is the latest from Commissioner Michael Astrue.

Link.

Anderson Admitted to U.S. Supreme Court

On June 4, 2007, I had the privilege of being admitted to practice before the Supreme Court of the United States in Washington, D.C.

I am a member of Phi Alpha Delta Law Fraternity, and the first Monday in June is reserved for members of PAD to be admitted to the Court. Three of the current Justices are members of PAD.

No cameras are admitted inside the Courtroom, but here is a photo of me inside the John Marshall room which looks out onto a beautiful courtyard. About 25 other PAD members were admitted that day.

After Court was concluded, Chief Justice John Roberts, Justice Stephen Breyer, Justice Samuel Alito, and Justice Ruth Bader Ginsburg spoke to the members. You can read about all of the Justices here.

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

How Long? Another Update.

During May and June, Joe and I have been very busy. We had 10 cases scheduled for hearings.

Currently, we have three cases that are scheduled for hearings.

The hearings are scheduled for late July and early August. The Hearing Requests were filed between late October and early December 2005.

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

Former U.S. luxury restaurateur jailed for fraud

These kinds of stories always tickle me:

NEW YORK (Reuters) - The former vice president of a luxury U.S. restaurant chain with outlets in New York, London, Hong Kong and Venice was sentenced to up to four-and-a-half years prison on Monday for making false insurance claims.

Dennis Pappas, 60, the former vice president of Cipriani USA, which operates the Rainbow Room restaurant in Manhattan, was ordered to serve a minimum 18 months prison and ordered to pay more than $1 million in restitution.

You can read the entire story here.

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

How Long? An Update.

During the past few weeks, the Social Security hearing office in Knoxville has scheduled several of our clients for hearings. The requests for these hearings were filed in August and September, 2005. Currently, cases are being worked up for people who requested hearings in October, 2005.

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

Don't cash an extra check.

Here is a story about some folks who cashed an "extra" check sent to them by Social Security. Many thought their punishment would only be to pay the money back. Now they face fraud charges.

Read the whole thing here.

How Long? An Update.

The Office of Disability Adjudication and Review here in Knoxville has really been on the ball, scheduling lots of cases lately.

Joe and I have ten cases currently scheduled for hearing, eight in Knoxville. All of these cases are for folks whose Social Security Disability files arrived at the ODAR in August or September 2005.

How Long? An Update.

The Knoxville Office of Disability Adjudication and Review called today to schedule two more disability cases for hearings. Both hearings will be in April 2007. Both of my clients live in East Tennessee.

The hearing Requests were filed in September 2005. Currently cases are being heard 19 months after hearing requests are filed.

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

Knoxville not the only city with Disability Hearing Delays

Nearly every day I get several calls from clients who wonder, "has anything happened on my case". Last time I checked with the Office of Disability Adjudication and Review, there were approximately 4,300 cases waiting to be heard. That's 4,300 people who are out of work, and running short of money.

Today, Joe shows me statistics from a recent NOSSCR newsletter, showing that the Knoxville office actally has more than 5,000 cases waiting for Social Security Disability hearings.

Imagine being at the bank with 5,000 people in front of you. Now imagine that the customers problems are very complex and that the bank staff can only handle 10-12 per day. The staff works as hard as they can, but the people just keep lining up.

Here is an article from the Cleveland Plain Dealer that sheds some light on the subject.

For nearly two years, Terry Van Gieson had to wear a plastic bag, like a diaper, around his stomach to collect his body's waste. He has other troubles, too. Numbness in his legs makes it difficult to walk or stand for long. He's diabetic. And recent surgery for his intestinal problems has him back in the hospital.

But his biggest worry is his Social Security disability check.

He can't get one, even though he paid into the system for 20 years while he worked. Twice, the government has told him no. He's not sick enough.

He appealed the decision in December 2005.

Ever since, the 41-year-old security guard from South Euclid has been waiting to see an administrative law judge in Cleveland to plead his case. In the meantime, he has sold his belongings. He lives off food stamps, $115 a month in welfare and a girlfriend who has gone into debt supporting him. And he's hoping for his day in court.

More than 12,600 other people are waiting with him, according to numbers from the Social Security Administration. That's just to get a hearing in the Cleveland office, which handles cases from throughout Northeast Ohio. Of the U.S. Social Security Administration's 140 other hearing offices across the country, only six have bigger backlogs and one is in Columbus, according to 2006 Social Security data provided by the National Organization of Social Security Claimants' Representatives. The professional group is for lawyers and paralegals who help those filing for disability.

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

Increased Social Security Disability Benefits for Tennesseeans

The Social Security Administration announced recently a 3.3% increase in benefits for 2007. This increase applies to Disability, SSI, retirement, and survivor's benefits.

Read SSA's press release here.

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

What do I do if Social Security denies my claim for Social Security disability benefits?

Don't be surprised. but DON'T GIVE UP! In Tennessee, only about 1/3 of those who apply for Social Security Disability or SSI benefits are approved at the first stage.

If you are denied, you should appeal. Many people give up and lose benefits that they should have.

You should also hire a competent lawyer to represent you. Make sure your case is evaluated personally by an attorney--not by a paralegal or clerk. Additionally, you should know that there are many people who try to represent Social Security claimants who are not attorneys. Although they may mean well, they aren't held to the same high standards as attorneys, and cannot appeal cases through all steps of the Social Security Disability and SSI claims process.

We handle cases for Social Security Disability and SSI across East Tennessee. Call our Knoxville office and make an appointment for a free case evaluation.

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

Social Security Disability Recipients and SSI recipients should stay away from "payday" loans.

According to the Center for Responsible Lending, payday lenders cost American families $4.2 billion every year in predatory fees.

It's appalling, but the minimum charge for these loans, fifteen dollars per $100, equates to a 390% annual percentage rate, or APR - that's multiplied by 26 paydays! Incredibly, only 2.5% of payday lending chains' customers stop at just one loan. Most customers average 5 to 10 loans - up to a 1,800% APR.

Payday lenders won't hesitate to loan to people getting Social Security disability checks.

It can be tempting for people waiting for Social Security Disability benefit or SSI benefit hearings to borrow money from one of these "cash advance" or "payday loan" services. It seems like these places are on every corner in Knoxville and other parts of East Tennessee. Any lawyer will tell you, "it isn't worth it."

Don't take my word for it. Take some time and read the report for yourself.

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

Waiting times long in other areas, too.

Here is an article that ran recently in the Charlotte Observer. It looks like their waiting times for Social Security disability benefit hearings are even longer than the ones here in Knoxville and other East Tennessee hearing offices.

Since 2002, the backlog of Social Security cases has ballooned from 468,000 to 730,000, said Thomas Richards, executive director of the Federal Managers Association, which lobbies for government administrators.

You can read the entire article here.

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

Disabled Can Avoid Wheel Tax in Knox County

Did you know that if you are receiving Social Security Disability benefits, you can avoid paying the Knox County wheel tax?

If you have been found disabled by the Social Security Administration, are a resident of Knox County, Tennessee, and make less than $ 12,500.00 per year (that's about $ 1,040.00 per month), you can apply to avoid paying the Wheel Tax.

Here is the form. You will need to submit it to the County Clerk. You won't even need an attorney to fill it out.

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

How much can I get from Social Security disability benefits?

Like many things, the answer is, "it depends." Nobody gets rich from Social Security. Everyone's benefit amount is different. It depends on what you have paid in. There is not a fixed amount for Social Security Disability Benefits. However, it is easy to find out.

You can use this benefit estimate calculator at www.ssa.gov. http://ssa.gov/planners/calculators.htm

You can also get a benefit estimate by calling the Social Security Administration at (800) 772-1213. In Knoxville, Tennessee, you can call the local Social Security office at (865) 692-0196.

For disability insurance benefits, it all depends upon how much you have worked and earned in the past. For disabled widow's or widower's benefits, it depends upon how much the late husband or wife worked and earned. For disabled adult child benefits, it all depends upon how much the parent worked and earned. For all types of SSI benefits, there is a base amount that an individual with no other income receives. Other income that an individual has reduces the amount of SSI which an individual can receive.

If you have any questions about Social Security Disability, call us for a free consultation. (865) 522-9000.

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

The Knoxville News-Sentinel is reporting that Professional Drivers Medical Depots, a Knoxville based company that specializes in treating the medical needs of truck drivers, opened a clinic on Watt Road Monday.

Charlie Gibson, who has been in the trucking industry since 1946, speaks of the need for clinics such as PDMD that offer convenient medical care to truckers.

Watch a video at this link.

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

How Long? Another Update.

Last week, the hearings office in Knoxville called to schedule two cases. Both are being heard on February 20, 2007. Both appeals were filed in May 2005.

Both cases involve claims for Social Security Disability Benefits.

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