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.

How long? Another update.

It looks like the OHA staff is hard at work during the week between Christmas and the New Year. We got calls to schedule three hearings today.

Two hearings are set for February 6, 2006. The appeals were both filed in October 2004.

The third case is set for hearing on February 9, 2006. The appeal was filed in early November 2004.

Free Social Security Disabilty Seminar

Cannon & Anderson will provide a free informational seminar on Social Security Disability benefits at The Wellness Community, located at 702 Lindsay Place in Knoxville. We will provide information that you need to know if filing for Social Security Disability or SSI benefits. Attorneys Joel Cannon and Ed Anderson will make the presentation.

The seminar will be held Wednesday, January 18, 2005 and will begin promptly at 6:00 p.m. The Wellness Community of East Tennessee provides support services for cancer patients and their families.

Please rsvp by calling 546-4661.

Campbell County: Watch for our ads

Beginning in January, our ads will run on Comcast Cable stations in Campbell County, Tennessee.

Over the years we have had many good clients from Jacksboro, LaFollette, Speedwell, Duff, Jellico, and other parts of Campbell County. We want to help as many people there as we can.

What about all these freeloaders?

I hear this question all the time. Nearly everyone "knows" someone who is getting Social Security Disability in Knoxville or elsewhere in East Tennessee, but doesn't (in their opinon) deserve it.

Frequently, Joe and I challenge these people to name the freeloader. "Just tell us who doesn't deserve it and we'll help you turn them in." Rarely do we get any takers. Maybe it's all hyperbole.

In any event, I think those few who receive benefits but do not deserve them make it harder for those who do deserve them to get them. Joe and I (and probably most Social Security Attorneys) avoid taking clients who don't have a legitimate claim that they are disabled.

If you know someone who is trying to cheat the system, report them. The SSA has set up a fraud reporting site which is easy enough to use.

How Long? Another update.

Late last week the Knoxville OHA called to schedule another Social Security Disability case for one of our clients.

This one is scheduled for January 31, 2006. We filed this client's Request for Hearing in October 2004. Cases are now being set right around 15 months from filing.

Free Disability Seminar Tuesday Night

Just a reminder that we are hosting a free seminar about Social Security Disability and SSI benefits at the Halls Branch Library, 4518 E. Emory Road in Halls.

The seminar begins at 6:00 p.m. and should last about an hour. Please call 865-522-9000 with questions.

1,047,700 Tennesseeans Receive Social Security Benefits

An interesting statistic from SSA. However, only 163,300 receive disability.

See the entire statistical sheet here.

SSAs Medicare Website

The Medicare prescription plan (Part D) is supposed to begin November 15, 2005. The choices of care are dizzying.

Medicare.gov has recently posted a site to help guide you through the various choices available to you.

Click here to be taken to the site.

Social Security Increases Benefits

Monthly Social Security and Supplemental Security Income benefits for more than 52 million Americans will increase 4.1 percent in 2006, the Social Security Administration announced Friday.

Read the full story here.

Most Popular Baby Names

Each year, SSA publishes a list of the most popular baby names. Here is the list for 2004.

Apparently, we aren't as popular as we used to be.

Joel came in this year at 125.
Edwin came in at 173.

Free Social Security Disability Seminar in Halls

Cannon & Anderson are hosting a free educational seminar covering Social Security Disability/SSI benefits, and the application process.

The seminar will be held at the Halls Branch Library, 4518 E. Emory Road.

The seminar starts at 6:00 p.m. on Tuesday, October 25, 2005 and should last a little over an hour. Call us at 865/522-9000 for more information.

New Cannon & Anderson Commercials On the Air!

Staring in September, three new commercials are running on Comcast Cable in Knox County. We are continuing to run our original spot, too.

Our new commercials are:

"Without a Lawyer"
"Five-Step Process"
"Seminars"

You can look for us on the following channels:

FOX News
The Weather Channel
Court T.V.
T.V. Land
Nick at Nite and
A & E

Our spots will also run periodically during the ESPN Sunday Night Football games. Let us know what you think!

How Soon? An Update

Two of my clients' cases were set for hearing this week. Both hearings will be on 11/15/2005 at the Knoxville OHA.

Client #1's Request for Hearing was filed 9/14/2004.
Client #2's Request for Hearing was field 8/17/2004.

The older case is an SSI only case. I don't know if that has anything to do with the scheduling.

As I see it, the OHA is currently running 14 to 15 months to have hearings scheduled.

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.

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.

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.

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.

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.

Come see us at the Tennessee Valley Fair

Joe and I will be hosting an information booth at the Tennessee Valley Fair this year. We plan to provide information about Social Security Disability and SSI benefits to interested people.

The fair will be held in Chilhowee Park and runs from September 9-18, 2005.

Look for us in the Jacobs Building. We plan to be in booth 78, which is to your right as you walk in the front door.