- The Law Offices of Russo & Russo, P. A. - Tampa Bay Social Security Disability Weblog

Creative Strategy for Veterans Applying for Social Security Disability Benefits

In the past, US Veterans suffering from mental or physical disabilities have struggled to get their complete medical records from the VA. Even worse, some Veterans have been improperly told that their VA doctors were not permitted to complete any non-military forms for their patients, even when these forms would help them get the Social Security benefits they deserved. You should know that this type of response from VA hospital administrators is contrary to the law. All Veterans are entitled by VHA Directive 2008-071 to request that their doctors timely complete any forms that will provide additional information regarding the Veterans’ medical condition and functional limitations.

 

How Experience Can Make a Difference in Getting a Disability Award:

In my past 27 years of representing the disabled, I have reviewed thousands of medical records.  My success in securing benefits is often tied to looking for gaps in medical report evidence that Administrative Law Judges consider imperative when deciding whether an applicant is “disabled.” From nearly three decades of experience attending Social Security Disability hearings, I am well familiar with the criteria these judges look for before they will grant a favorable decision that will result in an award of Social Security Disability benefits. Unfortunately, the critical evidence needed is seldom addressed in the VA records alone. These records are usually limited to the primary complaints of the patient, the diagnosis, and a plan of treatment.

What’s Typically Missing in the VA Medical Reports:

1. Critical facts supporting the Veteran’s physical and mental disabilities;
2. The level and degree of the Veteran’s functional losses
(i.e. limitations on how much weight they can lift, how long they can sit, stand and walk, etc.)and;
3.The Veteran’s prognosis.

VA records alone typically do not provide the necessary significant facts that prove or disprove whether a Veteran can still perform any “substantial gainful activity” or full time work.

What the ALJs (Administrative Law Judges) are Looking For:

1. The Veteran’s symptoms/complaints for all injuries and conditions;
2. The Veteran’s physical and/or mental limitations, and;
3. Whether the Veteran meets a designated Social Security Medical Listing.

How to Fix the Problem & Seek a Prompt Favorable Decision

To solve the deficiencies found in VA medical files, I spend a considerable amount of my time meeting with clients, reviewing their medical records and creating “personalized medical questionnaire forms” for each of their doctors to complete. These completed forms will thereafter be submitted to the Social Security Disability adjudicators. This extra effort allows some of my clients to quickly obtain “Decisions on the Record” without the necessity of waiting months for a hearing. This expedited legal strategy can serve to greatly help those clients who are in desperate need of income.

Veteran’s Lacking Competent Representation are Often Forced to Wait

The St .Petersburg Times recently stated that “many (applicants) wait two years or more before their cases are resolved…” The National Organization of Social Security Claimants’ Representatives has reported that as of August 26th, 2011, the average processing time was (384 days) at the St. Petersburg SSA office and (315) days for applications processed through the SSA Tampa location. See: NOSSCR Social Security Forum Vol.33, Number 9, Sept., 2011. Having an experienced attorney and a well organized strategy could make a significant difference in the processing time of your case and the ultimate outcome.

We Can Provide You With a Copy of the VHA Directive to Secure Compliance of your Doctor in Completing Non VA forms

Using the VHA Directive described above, it becomes an easy process to obtain  the medical opinions that are missing from your VA medical records. I routinely provide my Veteran clients with a copy of the VHA Directive to take with them to their doctor appointments. I also provide them with a personalized “Physical or Mental Capacity Questionnaire” that I draft for the doctor to complete. The Veteran may be asked to sign a 10-5345a form. 

The doctor will:

• Complete the form and give it to the Veteran;
• Mail the completed form to our office, or;
• Advise the veteran that the form can be picked up at a later date. 

Should you have any questions about your disability case or if you would like a copy of the Health Care Form Directive, please contact our office and we will provide you with any help you need.

Have You or a Relative Been Denied Social Security Disability Benefits? 
To Get the Disability Payments You deserve Visit: www.mydisabilitylawfirm.com

Colleen Russo is a Clearwater / St. Petersburg lawyer with over 25 years of experience in this area of the law. She is an attorney member of the National Organization of Social Security Claimant's Representatives'. The law firm of Russo & Russo is honored to have been selected for inclusion in the prestigious Martindale Hubbell Bar Register of Preeminent Lawyers. You can contact her office for a free consultation at: (727) 578-0303

Learn How Not Give Up if You are Initially Denied Benefits

Related Links:

View Statistics On Veterans Securing Disability Compensation
Disabled Vets Forced to Battle Social Security for Benefits
How to Determine if You Qualify For Social Security Disability
Important Considerations in Hiring an Attorney to Fight Your Appeal
Learn How the Social Security Disability Program Works
Other Organizations Assisting Veterans

Technorati Tags: veterans,social security,disability,doctors,medical records,VA Directive 2008-071,Lawyer,Attorney,St. Petersburg,benefits,denied,Clearwater,Non VA Medical Form,non military forms,hearings

Weak Economy Hard on the Disabled

  Many people suffering from disabilities often count on support from family members. It is not uncommon for people unable to work to receive food and shelter from loved ones. But in today’s tough economy, jobs are hard to come by. Many bread winners have found themselves out of work. Thus, their ability to continue providing for the needs of disabled family members falls into jeopardy.

It is this catalyst that often drives people to apply for Social Security Disability Income. See: "Jobless are straining Social Security Disability Benefits Program." Unfortunately, most initial applications for this form of financial assistance are denied by the federal government. But, what many applicants don’t know is that a qualified and experienced Social Security Disability lawyer may be successful in winning their case on appeal. Even more compelling is that applicants do not need any money to hire an attorney. That’s because the lawyer only gets paid if he or she wins the appeal. At that time, the Social Security Administration pays the lawyer a percentage of the “back payments” the applicant should have received, but for which he was wrongfully denied.

Appeals for Social Security Disability awards can be successful for a variety of reasons. For example, prior to your initial application, you may not have had a sufficient number of doctor visits to establish your illness or limitations. Or, you may not have attached sufficient medical documents along with your initial application. Some applicants overlook depression or the affect that multiple medical conditions can have on them. Historical statistics make it clear that those people who use an experienced attorney to assist in the appellate process, have a much better chance of being award benefits. See: Why Hire an Attorney.”

Many disabled people become frustrated with the anticipation that there may “red tape” and long delays in the appeal process. What they don’t know is that some individuals may qualify for an expedite review. See: “How our Law Firm Has Obtained Favorable Decisions Without the Long Wait for Hearings.” See also: “Obtaining Social Security Disability Benefits Quickly.”

Attorney Colleen Russo has over 25 years of helping clients obtain Social Security Disability Benefits. She is well motivated to assist her clients in regaining the dignity and respect that they deserve. You can visit her Social Security Disability website and learn much more about your right to obtain benefits. You can also download a free brochure that answers many frequently asked questions.

Have You or a Relative Been Denied Social Security Disability Benefits?

Colleen Russo is a Clearwater / St. Petersburg lawyer with over 25 years of experience in this area of the law. She is a member of the National Organization of Social Security Claimant's Representatives'. The law firm of Russo & Russo is honored to have been selected for inclusion in the prestigious Martindale Hubbell Bar Register of Preeminent Lawyers.

You can contact her office for a free consultation at: (727) 578-0303

Related Links:

Social Security Denial Notices Can Sometimes be Misleading
NY Times Article on the Economy & Social Security Disability
The Decision to Attend a Social Security Hearing Alone
Social Security Claims on the Rise in Tampa
The United States Social Security Disability Program

Technorati Tags: Economy,disabled,social security disability,benefits,jobless,application,appeal,St. Petersburg,attorney,lawyer,Clearwater

Social Security Disability Denial Notices Can be Misleading

If you received a notice of denial for your Social Security Disability claim, it is important to have an experienced attorney immediately review the document. The "Notice of Disapproved Claim" does not always clearly identify the evidence considered by the Social Security Administration. Likewise, the correspondence will often fail to reveal the basis for the denial. In fact, many clients find the accompanying "Notice of Determination" confusing.

A "Notice of Disapproved Claim" is the document an applicant can receive after making application for Social Security Disability benefits. It will be officially dated in the upper right hand corner of the form. This is the date you must use to determine when the 60 day time limit for appeal will expire. However, I suggest you keep the envelope this document came in to determine the exact day you actually received this notice. On occasion, there may be a significant difference between the two dates. Clearly, you would have 60 days from the date you received the Denial Notice to appeal the decision. It is my suggestion though, that because of the backlog of cases and the average processing time of 582 days to obtain benefits for disability cases in the Tampa/St. Petersburg/ Clearwater area, you should move quickly to appeal your case without jeopardizing your rights by otherwise waiting for the deadline to approach.

You should also be aware that the page entitled, “Notice of Determination”  will list what the Disability Determinations Office describes as the “evidence used in evaluating your claim.” The problem is, that the determination to deny your claim is often made without the benefit of all medical records. This occurs despite the outward appearance from the government's notice that implies all medical records were received.  But this is not always the case.

The Government Accountability Office recently examined a random sample of Social Security Disability Claim files and made this conclusion, “Notices sent to denied claimants may provide inconsistent and sometimes misleading information about evidence obtained.” Social Security Disability: Improving Notices to Denied Claimants, GAO-09183R (Jan.9, 2009). The GAO report found that the list of medical providers who responded, included some providers who sent no records at all. Thus, you are left guessing about what records were actually received by the Disability Determinations Office. Click here for more details about this study and the Social Security Administration's response to this disclosure.

Moreover, the list of medical reports reflected in your denial notice does not describe the dates of service for each office visit, test performed or hospital stay. Thus, if certain testing results haven’t yet been transcribed or filed in your chart at the time your records were copied for the Social Security office, this evidence would be missing from your Social Security file without your knowledge.

Remember, your Social Security Disability claim is won or lost based upon the quality and completeness of the medical evidence you provide which supports the severity of your disabling conditions. You should not gamble on the hopes that your file is complete. You must not assume all of your medical records have been received in your Social Security file. You should consult with an experienced attorney to review your file and to request from your medical providers copies of all of your records. Your lawyer can then submit all missing records and new evidence that supports your case on appeal.

My office can and will closely review your existing file to determine what important documents may be missing and what is needed to achieve a favorable decision in your Social Security Disability case. We can periodically supplement your file with additional evidence obtained from your medical providers which will of course further support your cause.

Put my 24 years of experience handling Social Security Disability Claims to work for you and your family. If you live in St. Petersburg / Clearwater or another area within Pinellas County, call my law office today for a free consultation: (727) 578-0303 

Click here for more information on obtaining Social Security Disability benefits

Click here to learn about Social Security Disability Benefits & Outstanding Pinellas County Warrants

Click here for FAQ about Social Security Disability Benefits

Click here to learn how an experienced Social Security Lawyer can make a big difference in helping to secure benefits

Technorati Tags: Notice of Disapproved Claim,Social Security Disability benefits,Notice of Determination,GAO-09183R,claims,St. Petersburg,Clearwater,Lawyer,Attorney,Pinellas County,Government Accountability Office

Will An Outstanding Arrest Warrant Suspend My Social Security Benefits?

The Social Security Administration has found a way to save significant taxpayer money by suspending benefits to any recipient they find who has an outstanding arrest warrant. Section 202(x)(1)(A) and 1611(e)(4)(A) of the Social Security Act authorizes this federal agency to halt payments if they can confirm the existence of:

• an active warrant for any felony offense, or
• an active warrant for a violation of misdemeanor or felony probation.

Media outlets have criticized the practice of using a "fugitive felon dragnet" that has resulted in the termination of benefits to the aged, blind and disabled. Surprisingly, the total number of people effected number in the hundreds of thousands. As it also turns out, many of the warrants are decades old.

The AARP is condemning this practice and calling the policy "An Outrage of Criminal Proportions."   The AARP complains that many recipients who have suddenly lost benefits, were unaware that a warrant even existed. They also question the fairness of a knee jerk reaction when the criminal guilt or innocence of the recipient has yet to be determined. The National Senior Citizen's Law Center recently filed a Class Action law suit challenging the Social Security Administration's policy. In the mean time, the revocation of benefits by the SSA continues.

If you receive a letter from the Social Security Administration terminating your benefits as a result of an active Pinellas County warrant, you should contact my office at once. We can confirm if a warrant exists. We can also determine the nature of the criminal charge. More importantly, we can provide you with an experienced Pinellas County criminal defense attorney who can take immediate action to petition the court to withdraw the outstanding warrant. Once the warrant is withdrawn or canceled, your Social Security benefits will be reinstated.

Click here to visit my Social Security Disability website for answers to other frequently asked questions. 

Technorati Tags: Social Security Disability,benefits,outstanding warrant,class action law suit,attorney

Should I Attend My Social Security Disability Hearing without an Attorney?

Handling your Social Security Disability Appeal & Hearing on your own could be a huge mistake.

Without thorough hearing preparation and proper presentation of all key facts and evidence needed for a favorable decision, you are risking loss of the disability money benefits you earned throughout your working life. When given approximately one hour to present all of your evidence at the disability hearing, you must be certain the issues are quickly defined, your testimony clearly presented, key medical records highlighted and effective cross examination of the government’s vocational expert performed.

There is a five step sequential evaluation process that must be followed to award Social Security Disability benefits. This rather complicated method is based upon medical and legal analysis, interpretations and conclusions which are challenging for your disability attorney to handle. You certainly should want a disability representative who has a law degree equal to that of the Administrative Law Judge deciding your case. Moreover, there are certain Federal regulations that must be followed when evaluating credibility issues that will determine if all of your valuable testimony will be believed by the disability judge. You can click here for the Federal regulation addressing the Credibility of an Individual’s statements.

So don’t risk your family’s future financial security by attempting to handle your own Social Security Disability Appeal and hearing. You should hire a Social Security Disability Attorney to help you prepare and present the best possible disability case to the judge. Put my 24 years of experience handling Social Security Disability Claims to work for you and your family.

Call my St. Petersburg / Clearwater law office to help you prepare for your upcoming Social Security Disability hearing today at (727)578-0303. If you would like additional information on the entire Social Security Disability application proces, you are invited to visit our informative website.

Click here for "insider tips" on how an experienced Social Security Disability Attorney may be able to move your case more quickly through a backlogged  federal system.

Click here for answers to most frequently asked questions concerning Social Security Disability Benefits.

Click here to receive a free informative color brochure that explains in easy to understand terms "How You May be Eligible to Receive Social Security Benefits."

Technorati Tags: Social Security Disability Hearings,Attorney,lawyer,tips,St. Petersburg,Clearwater

Obtaining Social Security Disability Benefits Quickly When Your Case is Considered a "Critical Case"

As an attorney handling Social Security Disability cases I have been successful in obtaining benefits for my clients quickly when I determine that their cases are “critical cases.”

Having an attorney represent you on a Social Security Disability claim is more important than ever. Our office provides free initial consultations, so clients can openly discuss all of their options. During my first meeting with a new client, I spend at least an hour getting to know them, reviewing the medical records they bring to my office, reviewing whatever copies of Social Security documents the client has and asking specific questions to determine if this client has a "critical case." If I determine that the case is in fact a "critical case," the client is entitled to expedite the hearing process.

What is a “critical case?”

The Social Security Administration recognizes that a claimant filing for Disability benefits or waiting for a determination can face dire circumstances that warrant their cases being decided without further delay or waiting.

There are four situations where a claimant may be entitled to immediate action by the local, regional or hearing office:

1. If the claimant’s condition becomes terminal;
2. If the claimant is without and unable to obtain food, shelter and medications / treatment of illnesses;
3. If the claimant becomes suicidal or homicidal;
4. If  there has been a lengthy delay as compared to the average processing time in the local area and there has been a public, congressional or other high priority inquiry in the case.

As soon as I determine a client meets any of the above requirements, I then act quickly to provide the necessary documentation to prove the case is critical and worthy of immediate action.

At a time when claimants in the St. Petersburg/Clearwater/Tampa area are forced to wait over two years for a decision in their cases, I am eager to do all I can to help get their cases decided as quickly as possible. Make sure you hire an attorney who knows when and how to move your case through the appeal process quickly. Make sure your attorney takes enough time with you to learn everything needed to obtain the evidence needed to, not only win your Social Security case, but to obtain a favorable decision for you as soon as is possible.

I invite you to contact my office if you are in need of hiring an attorney to help you obtain Social Security Disability benefits and to get your case decided as quickly as is possible.

You can also click here to visit my Social Security Disability website for many answers to frequently asked questions.

Click here to receive a free informative color brochure that explains in easy to understand terms "How You May be Eligible to Receive Social Security Benefits."

Call now at (727) 578-0303 for a free consultation at our St. Petersburg / Clearwater office locations.

Technorati Tags: St. Petersburg / Clearwater,Social Security Disability Lawyer,Critical Cases

Social Security Disability Application Process Made Easy

 

The government requires an enormous amount of information to evaluate an applicant’s eligibility for Social Security Disability benefits. This application process seems overwhelming and causes many people give up their claim if their Initial Application is denied. Please don’t do this!

The majority of initial disability applications filed are denied. Of those denied at the first or second appeal level, the statistics show more than half of those denied claims are won at the hearing level. But you should be aware that, if you are denied at any level of the application process, you should obtain an attorney immediately to determine what is needed in your case to obtain a favorable decision as quickly as possible.

Here are some helpful steps to take when initially applying for disability benefits:

Apply as soon as you and your doctor believe you are unable to work for at least one year or more. Many people wait months and sometimes years to apply. This only delays your ability to obtain the money you need to survive when not working. The application process and delay in receiving a Social Security Disability hearing date can take on average more than two years.

When you make the decision with your doctor’s support to apply, you have two choices:

• Call your local Social Security Office and schedule an appointment to complete the Initial Application and then visit the local office, or
• Click Here: to go online to the Social Security website and complete the Initial Application.

Before attempting to complete the Initial Application, gather the necessary documents asked for such as an original or certified copy of your birth certificate, original or certified copy of your military discharge papers, W-2 forms and/ or tax return if self-employed from last year, worker’s compensation information if applicable, Social Security numbers for you and family, bank account numbers, list of jobs and dates employed at each job for the past 15 years and information of all doctors you have seen and any medical records you have.

Take your time completing your Initial Application. It is very important that you answer each question in as much detail as necessary to describe all of the pain, physical and mental limitations and their affects on your daily activities. Make sure to list every illness, injury and condition you have. Don’t forget to mention all of the adverse side effects of all of your medications as well. If you are applying in person at the local Social Security office, make a copy and complete the Initial Application and Disability Report before you visit the Social Security Administration Office. This will ensure that you will have time to carefully complete the application without feeling nervous or rushed.

Now if you still feel overwhelmed by this information, please don’t hesitate to contact my office so that we can provide you with whatever additional help you may need. Do not delay in applying for the Social Security benefits you deserve. Consultations in my St. Petersburg office are always free.

Click Here: for a checklist to determine if you may be eligible to receive Social Security Disability benefits.

You can also click here to visit my Social Security Disability website for many answers to frequently asked questions.

Click here to receive a free informative color brochure that explains in easy to understand terms "How You May be Eligible to Receive Social Security Benefits."

Technorati Tags: Social Security Disability Application tips,lawyer,attorney,steps,initial application,online application process,St. Petersburg

How Our Law Firm has Obtained Favorable Decisions Without the Long Wait for Hearings

As you may or may not be aware, there is a huge backlog of social security disability cases in the Tampa Bay area where Claimants are waiting well over 12-24 months to obtain their award of social security disability benefits. This means that as a disabled person in St. Petersburg or Tampa, you may wait in excess of 2 years from the date you apply for disability benefits to receive your first disability check. This situation is certainly not improving. With the federal budget cuts, in combination with the rise in baby boomer disabled workers, these statistics will continue to worsen. Although there have been efforts made to eliminate the Social Security Administration hearing backlog by increasing the number of Administrative Law Judges and developing more efficient electronic case management and filing, these unacceptable delays in waiting for a determination of disability and award of disability benefit checks remain.

So what can you as an injured or disabled worker do to obtain social security disability benefits quickly, avoiding this projected 2 year wait?

My law firm has been successful in obtaining social security disability benefits and avoiding financial ruin for you and your family. In some of my clients’ cases, I have been successful obtaining the necessary documentation and medical records from their treating doctors to provide valuable evidence to help obtain a favorable decision without the necessity of waiting for and attending a hearing before the Administrative Law Judge. The extra effort I provide each of my clients preparing memorandums and gathering additional evidence when others may just be sitting and waiting for a hearing date has resulted in many of my clients obtaining favorable decisions and benefits without the need for a hearing! Click here for more information on how I prepare your Social Security Disability cases so as to avoid lengthy delays.

You can also click here to visit my Social Security Disability website for many answers to frequently asked questions.

Click here to receive a free informative color brochure that explains in easy to understand terms "How You May be Eligible to Receive Social Security Benefits."

Technorati Tags: Social Security Disability Benefits,disability cases in Tampa Bay area,avoiding delays in obtaining Social Security Benefits,disabled in St. Petersburg or Tampa