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).

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.