Akron, OH Social Security Blog

In June, members of the Nevada Alliance, an association of retired persons, picketed the offices of Senate candidate Sharron Angle over her controversial plans to privatize Social Security. The retirees held signs with messages like "Don't Kill Social Security" and "Stop Hiding from NV Seniors." NARA President Scott Watts categorized Angle's privatization plan as "dangerous" and "extreme."

According to position statements on Angle's website, she wants to create "personalized accounts for the next generation." By "personalized account," Angle presumably means that individuals will be responsible for managing their own retirement accounts similar to accounts such as 401(k) plans that employees contribute to through employment. Many people fear that individuals will not be able to successfully manage their own accounts or that natural fluctuations in stock market performance will put certain individuals at risk for not having sufficient income during retirement.

Politicians have proposed privatizing Social Security in the past, but the plan has never gained much traction as Americans, like these retirees, have fought back. In fact, Social Security privatization seems like a political non-starter. But as Americans and American politicians face deeper and deeper deficits, many issues that were before sacrosanct are now on the table for budget cuts. That appears to include Social Security privatization and other measures to control public benefits costs, such as the suggestion by Ohio Representative John Boehner to push back retirement age to 70 for Social Security recipients.

Ohio retirees who are concerned about plans to privatize Social Security and modify it in other ways can contact a local chapter of the Alliance for Retired Americans and view more information about issues affecting retired people at http://www.retiredamericans.org/. If you have questions about other public benefits, such as Social Security Disability, you should contact an experienced SSD attorney.

There is an incredible backlog in processing Social Security disability claims. In states such as Ohio, Minnesota and Michigan, it can take more than a year and a half before a disabilities claim is processed. Other states, such as Delaware, have a much shorter wait time. (Delaware processes its claims in an average of 300 days, compared with Ohio's average 591-day wait time.) Rep. Bob Filner (D-Calif.) says the wait time is too long.

In testimony before a joint hearing of two House Ways and Means committees, Filner said, "This is inhumane and unacceptable treatment of our disabled, many of whom are children, the elderly and veterans who have nobly served this country."

Part of the problem is that many states, including Ohio, have implemented a furlough system to help ease budget constraints. In this system, many Social Security workers are furloughed three days per month, which only adds to the wait times. Filner has called the Social Security Administration furlough system a "substantial failure" when it comes to living up to its responsibilities. He advocates ending the furlough system, which would effectively federalize all Disability Determination Services (DDS) workers.

However, some experts have testified that this furlough does not lengthen the wait time, adding that with the unemployment rate rising, more people who had previously worked with their disabilities are out of work and applying for benefits. These cases are the cause of the excessive wait times and not the worker furloughs. Still, for workers from California to Ohio, any increase in DDS workers on the job should help ease wait times. But with 3.3 million disability claims expected in 2010 (roughly 700,000 more than in 2009), Social Security Administration officials say it will be tough to finally close the backlog gap for good, regardless of what happens to the furlough system.

Those who become unable to work due to serious disabilities can currently rely on Social Security Disability Insurance. Generally, if someone has worked long enough, paying into the system, he has often been able to count on SSD insurance if he stops working for a period of time due to a disability. Unfortunately, Social Security may have to change in order to remain a viable option for retirees, with Social Security Disability Insurance at risk of being cut or eliminated if the program is privatized.

While there are a range of differing and passionate opinions on social programs run by the federal government in America, there seems to be a broad consensus, particularly among seniors, that Social Security is one that would be tough to live without. For aging workers, Social Security is a kind of safety net that they've paid into all their lives so that it will be available when they reach retirement age. However, the Social Security program is currently headed towards long-term difficulty when it comes to making sure that this safety net will be there for those approaching retirement.

Social Security represents a sizable portion of the federal budget, around 20 percent, or $708 billion, in 2010, according to the Center on Budget and Policy Priorities, a nonprofit think tank. Unfortunately, with the dirge of baby boomers beginning to enter retirement, a significant increase in average lifespan since Social Security first became law, and fewer people paying into the system, Social Security faces insolvency in the near future.

Since proposals to privatize Social Security could potentially result in the elimination of SSD insurance altogether, individuals without private disability insurance may be at increasing risk if they become unable to work. According to an article in the Pittsburgh Post-Gazette, many people looking to cut costs and pinch pennies opt to drop existing disability coverage in order to save money. The current sluggish economy makes the choice to go without disability insurance seem like an easy one, but the decision may lead to serious consequences.

It may come as a surprise, but statistics released by the U.S. Census Bureau show that almost a fifth of all Americans will become unable to work for at least a year due to a disability before they reach age 65. Though people can sometimes rely on family and social networks during a sudden job loss in tough times, the current economy is pushing many families to the breaking point. Even if a disability is not permanent, being out of work for as little as a year could have far-reaching effects on families.

For these reasons, the present program, Social Security Disability, should continue in order to protect all workers from disability regardless of whether they can afford additional private insurance.

When talking to your doctors about your medical conditions it is usually a good idea to assume that your doctor is only documenting the symptoms that you tell him or her about at each visit.  Some people are reluctant to tell their doctor that their back hurts or that they are having anxiety attacks if they had previously told their doctor about these symptoms.  By failing to do so every time they have a vist, patients/social security claimants often do not get the best medical treatment and they often also do not develop enough medical evidence to support their claim.  The best policy is to repeat your medical symptoms to your doctor every visit for as long as those symptoms persist.  This will ensure that your doctor knows just how bad your condition is, and it will also help your lawyers point to more documentation to corroborate your testimony in court.  The more documentation, the better!   

I have become really alarmed at how rigid everyone seems to have become -- in religion, in politics, even in their social lives.  The idea of flexibility seems to have flown the coop, as it were!  Shifrin Newman Smith advertises on the Fox Network and I for one, think that we should be removing our ads.  Commentators on that network seem to thrive on rigid religious and rigid political views and encourage a total loss of civility in our public discourse.  They are disrespectful of opinions validly held by people who think differently than they do (like me, for one) and don't have any sense of what it means to live in a democracy.  In a democracy, the majority does not rule.  Rather, in a democracy, minorities' rights are protected.  These zealots don't believe that anybody's opinions or rights are important except their own.  I'd be interested to hear your comments.

Dianne says: Well I've talked about the first lawyer advertising, and about how some people think that lawyers who advertise aren't as "important" as those that don't and about how advertising was the gateway to let people know that they could sue and that a competent lawyer would look into their case without charging them a fee up front. 

What does a lawyer mean when he or she says there are no fees unless they win?  Well, in the Social Security format, that means that the lawyer will take your case, will investigate it, should start getting the necessary reports to document your "medically determinable impairment"  -- that's what Social Security looks for -- and then proceeds to do whatever is required until you have a hearing and a decision is rendered.  Now a lawyer is not obligated to put money out of his or her pocket to get records, but in the State of Ohio, doctors are supposed to supply records for use in Social Security claims for free.  That doesn't mean that you can use the records for your personal injury case or for anything else, because the records are released to you or your representative for the sole purpose of providing Social Security with evidence for your case.  We at Shifrin Newman Smith request all records and when necessary pay for such records without requiring you to pay us in advance.  Some times you've received treatment out of state and those records aren't free.  We will get them.  After the case is over, however, we will send you a bill for costs we have expended getting records on your behalf. 

Back to attorney advertising.  What does it mean when the lawyer says the first consultation is free?  Well it could mean that the lawyer will listen to your story and review any papers that you have.  It does not mean that the lawyer will necessarily give you any advice. 

What does it mean when the attorney says "We win more cases than anyone else."  Well, it could mean that that that lawyer dumps any cases that he or she thinks aren't winners.  Or it could mean that the lawyer only takes those cases that he or she thinks will win  for such reasons as the individual who is bringing the claim has such a severe impairment or is over 50 years old. 

What does it mean when the lawyer says "I'll make them pay!"   Well it should mean that the lawyer is working as hard as he or she can to win the case!  But that doesn't always mean that there is a big pay day!  Be an aware consumer!  Pay attention and investigate.  We at Shifrin Newman Smith are always happy to answer questions via the blog or e-mail or on the phone!

As if there are not already enough reasons to stay out of prison, did you know that incarceration also precludes you from receiving Social Security Benefits.  Moreover, many individuals who become incarcerated for long periods of time even lose their status as "disabled" in the eyes of the Social Security Administration.  Therefore, not only do these claimants have their benefits cut off while they are incarcerated, but then, when they get out, they have prove all over again that they are disabled. 

The wait for social security disability benefits can be a long one. According to the Social Security Administration, the initial application generally takes three to five months for processing, and for many applicants this is just the first step in the process. Compassionate allowances are designed to speed up claims processing for disability applicants whose conditions are almost certain to qualify them for SSDI benefits.

The Social Security Administration recently added 38 new compassionate allowances to its compassionate allowance list after a round of five public hearings designed to garner input from doctors, disability awareness advocates and the public.

The five public hearings each addressed a discrete category of disabling conditions: schizophrenia, early onset Alzheimer's and related dementias, brain injuries and stroke, cancers, and rare diseases.

The compassionate allowance list now contains 88 conditions. Social security disability applicants whose conditions are listed are not required to provide the extensive amount of medical documentation normally mandated due to the obvious severity of their disabilities. The claims processing is expedited, and the focus is on verifying the accuracy of the information provided by the applicant indicating that the impairment satisfies the eligibility criteria set out in the list of impairments.

Recently designated compassionate allowance conditions include early-onset Alzheimer's Disease, bilateral retinoblastoma, Hunter syndrome Type II, idiopathic pulmonary fibrosis, mixed dementia and Tay Sachs disease. A full list of the new compassionate allowances can be found on the Social Security Administration Web site.

Mishka Michon, Coalition for Pulmonary Fibrosis CEO, praised the addition of ideopathic pulmonary fibrosis to the compassionate allowance list. Michon's description of pulmonary fibrosis patients' struggle to get SSDI benefits is typical of the red tape encountered by many disability sufferers.

"Historically, most of our patients have been repeatedly denied disability by Social Security and much needed benefits have been delayed to them. Now, our patients will be able to receive their benefits before it is too late for them," Michon said.

On average, a pulmonary fibrosis patient survives only 2.7 years after being diagnosed. While the condition is as common as breast cancer, it has no known cause, no approved treatment and no cure.

The other conditions approved for compassionate allowance processing similarly involve severely disabling or deadly medical conditions from which patients cannot reasonably be expected to recover.