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A couple of months ago I blogged about the problems identity theft can cause someone who is on disability when I saw a truly sad case out East in Tennessee where a women was kicked off of disability because her identity was stolen.

Recently there was a case dealing with identity theft issues and benefits right here in Phoenix. According to ABC 15, an undocumented immigrant named Rene Ortiz Quintana has been using the identity of a deceased veteran to collect nearly $30,000 in benefits over the past four years.

Quintana has allegedly been posing as Ruben J. Gallardo, who passed away in 1994. “Under [Gallardo’s] name, police say, [Quintana] got an Arizona identification card, a state health card, a Phoenix health plan card and a VA choice card. The VA choice card was given to veterans in response to long delays in getting medical care from VA hospitals. It allows veterans to get medical care at Non-VA facilities. He also received Social security benefits under the name Ruben Gallardo.”

This is a really upsetting story for multiple reasons.

First and foremost, it is upsetting that someone disrespected the memory of Gallardo and the lives of living veterans who are trying to get care from the VA in this manner. I hope that Gallardo’s family is finding some solace in knowing that everyone who reads about this case is outraged on their behalf.

Second, it is frustrating that the government basically allowed this fraud to go on due to its poor record-keeping. I’ve also blogged recently about this problem, but from the perspective of what to do if the government declares you dead while you are still very much alive.

Finally, the fact that someone who was in need of medical care resorted to fraud to get that care is sad. I don’t want to downplay his crimes, since Quintana committed multiple crimes over many years (he’s reportedly been in the country illegally for about 50 years), but if he would have sought help, perhaps he wouldn’t have resorted to fraud.   

If you are having trouble getting benefits, or you or a loved one’s benefits are being impacted by identity theft, I encourage you to reach out.

Is ALS a qualifying medical condition for SSDI?

While Social Security Disability Insurance (SSDI) provides benefits for individuals with amyotrophic lateral sclerosis (ALS), there is currently a five-month waiting period in place before this assistance becomes available to many patients. Commonly known as Lou Gehrig’s disease, ALS is an incurable neurodegenerative disease with only one approved treatment. This disease rapidly progresses eventually causing the afflicted to lose the ability to walk, talk and breathe on their own.

The ALS Disability Insurance Access Act

The five month waiting period speaks to the larger issue of the delays associated with receiving disability benefits many individuals face. Now, patients with ALS may have new hope as legislation is working its way through the U.S Congress that would waive the waiting period. The ALS Disability Insurance Access Act was introduced by both Senate and House lawmakers and has the support of the ALS Association.

Barb Newhouse, president and CEO of the association, said in a press release that those “who currently do not have an effective treatment plan, should not be forced to wait to receive benefits they deserve.”

Previous Measures to Help ALS Patients

The legislation is part of an ongoing effort to address the suffering of patients with ALS. In 2000, the SSA and Congress joined forces to waive the 24-month Medicare  waiting period for ALS patients. The SSA also has a program in place to expedite claim reviews for SSDI and SSI applicants who are suffering with the disease. Currently, however, patients must wait five months to receive benefits under both programs.

The five-month waiting period was initially put in place by Congress to allow time for other temporary conditions to reverse. For ALS patients, however, the waiting period is not justifiable since the disease is not a temporary condition, nor is it reversible. About 50 percent of ALS patients die within 16 months of diagnosis. Proponents of the legislation believe that quick access to disability benefits is essential for these patients and their families.

Obviously, ALS meets the eligibility requirements  for disability benefits, and waiving the five-month waiting period can help to offset the lost income these patient’s inevitably will experience. This is just the first step in correcting some of the inherent flaws in the system. Many individuals experience long delays in having their claims approved, and more than 60 percent of claims are denied. For these reasons, anyone in need of assistance applying for these benefits is well advised to engage the services of an attorney with experience in the SSA program

What can I do if my application for SSDI is denied?

Let’s face it: anyone can become disabled due to an accident or illness and be unable to continue working. While the Social Security Administration (SSA) has a program that provides benefits to disabled individuals, Social Security Disability Insurance (SSDI), obtaining these benefits can be difficult.

Eligibility for SSDI

To be eligible for disability benefits, you must have an injury or illness that prevents you from participating in substantial gainful activity. In particular, the medical condition must be expected to last for at least one year or result in death (the SSA has guidelines for medical conditions that qualify). There are however, a number of reasons that an application can be denied.

For example, your medical condition may not be on the list, or the SSA may determine that your condition is not a disability. In addition, in order to be approved for benefits, you must undergo an examination by an independent physician whose findings may not agree with those of doctor who treated you.

Added to this burden is the extensive paperwork that must be completed. If there are mistakes in the application or any required information is missing, the claim will be denied.  That’s the bad news.  The good news is that once you receive a notice of denial from  Disability Determination Services (DDS), the state agency in Arizona that determines whether your medical condition is a disability, you can file an appeal.

Appealing a Disability Denial in Arizona

If the DDS denies your disability application, the first thing to do is file a request for reconsideration within 60 days of receiving the notice of denial. Your application will be reevaluated by a different medical consultant and an examiner who were not involved in the initial determination. However, reconsideration claims are often denied; in fact only 5-10 percent are granted, particularly in cases in which there has been a new diagnosis or a condition has worsened.

If your reconsideration is denied, you have 60 days to request a hearing before an administrative law judge (ALJ). These judges are SSA attorneys who are tasked with upholding or overturning denials. Many disability applicants who are represented by an attorney with expertise in SSDI win these appeals. If you are denied by the ALJ, however, you can request the Appeals Council to review your claim.

The Council can either overturn the decision, send it back to the ALJ for reconsideration, or deny your claim in which case your last resort is to file a lawsuit with the U.S. district court. The judge will review the case for legal errors and determine if there are valid reasons to overturn the ALJ’s decision.

In the final analysis, whether you are submitting an initial application for disability benefits or considering pursing an appeal, your chances of having a claim approved are significantly greater when you have an experienced Social Security Disability attorney by your side.

What are the benefits of opening a my Social Security account?

The Social Security Administration recently celebrated National my Social Security Week (April 4- 13). In collaboration with a number of state and local groups across the country, the administration hosted a variety of events to educate people about the programs available through the SSA, and also to encourage individuals to open an online my Social Security Account.

In addition to its regional and field offices and other service centers, the SSA provides a wide range of services online. However, for a variety of reasons, the online services are being underutilized. While the SSA sends out periodic statements detailing earnings records and estimated retirement benefits, an online account provides a number of advantages such as tracking and verifying wages on an annual basis. For those who are still working, a my Social Security Account can also provide you with an estimate of future retirement benefits.

One of the pivotal days of the weeklong event was the “Thunderclap Campaign” on National Check Your Statement Day which took place on April 7. The so-called thunder clap was a social media blitz on Facebook and Twitter to remind workers of the importance of checking their annual Social Security statement every year. In so doing, the potential of errors in benefit calculations can be minimized and you can better plan your financial future.

Opening a my Social Security account can also enable you to manage your benefits, keep your personal information up to date, start a direct deposit, or request a replacement Social Security or Medicare card. The SSA is also working with the Treasury Department to educate workers on the importance of retirement savings.

Finally, the annual statement can also help you understand whether you are entitled to Social Security disability benefits in the event that you become disabled before you retire. Upon retiring, these benefits are converted into retirement benefits. While you may be entitled to disability benefits, many claims are often denied and the administration’s guidelines are very complicated. An attorney with expertise in the SSA’s disability benefits program can help you obtain the benefits that you deserve.

Can certain children receive Social Security Benefits?

Most of us think of Social Security as benefiting the elderly, retired and disabled. Most of these benefits do go to people in these categories, but, did you know that children are also entitled to Social Security benefits in certain situations? If you answered no to this question you are not alone. Most people aren’t aware of these entitlements. But, here is a brief summary to update your knowledge.

Social Security benefits for children are often connected to an eligible adult. For example, the children of a retired or disabled parent are eligible for benefits if they are under 18, under 20 and still in school and/or are disabled themselves.  Children must also be unmarried to receive these benefits. If the parent is alive, the child is entitled to up to half of the parent’s benefits. If the parent is deceased and the child is receiving survivor’s benefits, the child can receive up to three quarters of the parent’s benefit. There are limitations to the total amount a child can receive set out by the Social Security Administration and these are calculated on a case by case basis. It is also important to note that Supplemental Security Income is also available to children living in a low-income family who are 22 and under and still in school or 18 and not in school.

Children are usually not allowed to handle their own Social Security benefits. Therefore, the Social Security Administration designates a representative payee to handle the child’s money.  The payments are issued to this designated person, usually a parent, and he or she is obligated to provide for the child’s basic needs using these funds.  Representative payees are also subject to an annual reporting requirement.

If you are considering applying for any type of Social Security benefit you can only increase your chances of being approved by retaining an attorney to guide you through the process.  Contact an experienced Arizona disability attorney for a case evaluation today.

With the presidential election in full swing, one of our top priorities is the status of Social Security Disability laws in the United States. As we all know, presidential candidates are prone to over-promising and under-delivering – and our nation’s benefits system is no exception. As the pool of possible presidents continues to dwindle, let’s take a look at each of the four remaining candidate’s public statements or stances on the issue of Social Security Disability, as well as a cursory look into how each candidate could impact the system post-election day.

1: Hilary Clinton: Hillary Clinton has not shied away from frankly discussing her plans with regard to Social Security. Consistently, Clinton has rebutted the notion of privatizing Social Security, citing the inherent risk of the market – which beneficiaries should not be required to endure. Further, Clinton is devoted to ensuring the nation’s more vulnerable populations have access to benefits first, particularly given the actuarial data suggesting the available cash for Social Security retirement and disability programs could possibly dry up by 2034.

2: Donald Trump: Most notably, Donald Trump has been an outspoken critic of fraudulent disability filings, which hurt the system overall and waste precious resources for those who are truly in need of support. He was quoted as stating that “between 2005 and 2009, it is estimated that $25 billion were eaten up in fraudulent Social Security Disability Insurance filings. On and on, scam after scam it goes; as always, taxpayers are the ones getting stiffed.”

 3: Bernie Sanders: As one of the more outspoken supporters of Social Security benefits, Sanders has made fighting for disability rights one of his key platforms throughout the election. More specifically, he has vowed to:

• Protect and expand the Social Security Disability Income (SSDI) program.
• Increase employment and educational opportunities for people with disabilities
• Fight for the U.S. ratification of the Convention on the Rights of Persons With Disabilities

As Senator, Sanders is quoted as saying “[t]he Americans with Disabilities Act established a clear national mandate that we as a nation have a moral responsibility to ensure that all Americans have access to the programs and the support needed to contribute to society, live with dignity, and achieve a high quality of life.”

4: Ted Cruz: Texas Senator Ted Cruz has advocated what he calls “common sense reforms” to the current Social Security system. Notably, he has advocated for raises in disability benefits to meet the rate of inflation. From there, Cruz has not made much public mention of his intentions with regard to disability benefits, and has not raised the issue in a significant way along the campaign trail.

If you are concerned about your benefits and would like to speak to a reputable attorney in Arizona, please contact Roeschke Law today: 1-800-975-1866.

Am I eligible for social security disability benefits for my thyroid disorder?

The thyroid gland — a gland in the neck, produces hormones that regulate weight and metabolism. Thyroid disorders such a hypothyroidism and hyperthyroidism can cause a variety of medical conditions.

Symptoms of Hypothyroidism

If your thyroid is not making enough thyroid hormone, you may experience the following symptoms: fatigue, depression, dry skin, difficulty concentrating, body pain, increased weight, and swollen legs. Severe cases can also result is cardiovascular and respiratory problems. This condition is treated by taking a thyroid supplement.

Symptoms of Hyperthyroidism

An overactive thyroid gland can cause muscle weakness, a racing heart, tremors, irritability, and problems sleeping. Treatment for hyperthyroidism includes medications, the intake of radioactive iodine, and possibly surgery.

While chronic thyroid conditions can be managed with medications and most individuals can lead normal lives and continue to work, those who are suffering from a thyroid disorder and are unable to work may be eligible for Social Security Disability benefits.

SSDI and Thyroid Disorders

The Social Security Administration will award disability benefits for medical conditions that are expected to last for a year or result in death. The SSA requires proper medical evidence to be submitted that indicates you are unable to perform any work or meet the requirements of a “compassionate allowance condition.”

While hypothyroidism and hyperthyroidism are manageable, some thyroid disorders are more likely to result in a disability, such as thyroid cancer and Graves’ disease. To qualify for disability benefits for thyroid cancer, the illness must be one that has spread beyond the area of the lymph nodes. On the other hand, while Graves disease in and of itself may not meet the criteria for SSDI eligibility, the illness can cause other medical conditions, such as a heart arrhythmia, which may qualify an individual for benefits.

What is residual functional capacity?

A thyroid disease that is not severe enough to meet the eligibility requirements for disability benefits may require a determination of an individual’s residual functional capacity, or RFC — the most one can do in a work setting. An RFC may lead to a classification of an individual being able to perform sedentary, light or moderate work. An RFC may also include limitations that prevent one from being fully productive.

Hypothyroidism, for example, can result in depression which can affect an individual’s ability to work on a regular basis. At the same time, this disorder can also make it difficult to concentrate, which can interfere with a person’s ability to follow complex instructions and prevent an individual from performing certain, but not all, jobs.

There are other symptoms of thyroid disorders as well as side effects of medications that may lead to an individual being eligible for disability benefits. Nonetheless, the process for being awarded SSDI can be very complicated. If you have question about whether your thyroid disorder makes you eligible for disability benefits, an attorney with expertise in Social Security procedures can help you explore your options.

How can identity theft affect your disability check?

Identity theft has become an increasingly common occurrence, causing millions of people complex financial problems and emotional turmoil. There are many ways in which you can find out that your identity has been stolen, none of them pleasant. Sometimes, you are suddenly billed for purchases you’ve never made; other times you are denied credit you’ve never applied for. On many occasions, you find out about the theft when you apply for a mortgage or try to buy a car, only to find that you suddenly have a poor credit rating because someone else has defaulted on payments using your credentials.

One of the most disturbing ways to find out about identity theft is when you attempt to file your income tax only to discover that someone has already applied to receive a fraudulent tax refund in your name. Even in these days of sophisticated computer fixes, people whose identities have been stolen usually end up spending a great deal of time dealing with the process of cleaning up the resulting mess. It is particularly labor-intensive to re-file taxes, and infuriating to experience the delay in receiving a tax refund through no fault of your own. There are, however, even worse problems that can be the result of identity theft.

When the person whose identity is stolen is on disability, living solely on monthly checks from the Social Security Administration (SSD or SSDI), the results can become life-threatening. While for most us, our tax returns are important credentials, and we know to keep them available for scrutiny by the government if the occasion arises, individuals who live on only disability income, and therefore do not pay federal income tax, do not have such evidence to prove their lack of employment to the government.

In a recent case, this caused Jennifer Marban, a disabled woman from Knoxville, Tennessee, severe trouble. Not only was her identity stolen, but the thief filed a fraudulent tax return in her name, claiming that she had been employed for four years. Armed with this false information, the Social Security Administration informed Jennifer that it was discontinuing her disability checks. Since Ms. Marban supported herself and her three children solely on her disability payments, she was suddenly destitute. Although she had verification from the IRS that her ID had, in fact, been stolen, during to the usual bureaucratic snags, the SSA had not received this information and her check was disastrously delayed. If you experience a delay or stoppage of your disability payments because of identity theft, or for any other reason, you should contact a disability attorney promptly. A lawyer experienced in this branch of the law will be able to clear the matter up much more expeditiously than if you were to try to do so yourself.

One of the most common questions recipients of Social Security Disability Insurance (SSDI) is whether they are allowed to go back to work or at least work part time for some additional income. The answer is that some employment is allowed, but if you work too much for too long you risk losing your benefits,

Though the question can be complicated and fraught with exceptions, here are some basic guidelines. If you are receiving disability and engage in “substantial gainful activity” (SGA), you can continue to receive SSDI for a nine-month “trial period” plus a three-month “grace period,” no matter how much money you earn. Earning more than $810 a month counts as SGA. In other words, if you work for less than $810 per month,you maybe able to continue receiving benefits. You can earn more than that and still receive benefits —but only for 12 months.

 After that, if your outside earnings exceed $1,130, your benefits will be suspended, but only for the month in which your earnings exceed that amount. If your earnings fall below $1,130 per month, benefits resume. This can continue for some time—33 months after the 12-month trial period and grace period have ended, a period known as “extended eligibility.” 

One detail to remember is that if, as a result of your disability, you have work-related expenses that an able-bodied person doesn’t, such as transportation costs, the Social Security Administration allows these to be deducted from your monthly earnings. You must report these expenses to the SSA, along with other data, such as when you started work, your hours, compensation and responsibilities.

Even if your benefits are stopped because you are earning too much, they can be reinstated if your disability prevents you from continuing to work. For a five-year period, you can get “expedited reinstatement,” which does not require a new application. In spite of the apparent logic of these regulations, dealing with the bureaucracy of the Social Security Administration is never a walk in the park. You will find the whole process much easier if you consult with an experienced disability attorney. 

If you are not yet working but would like to, programs such as Social Security’s “Ticket to Work” program may help you obtain vocational training or a job without jeopardizing benefits.

On the other hand, if you are currently working but want to apply for disability and stop working, you may find that your claim is greeted with more skepticism than claims of those who not currently working at all.

In these situations, and in many others involving SSDI claims, eligibility, and compensation, the assistance of a skilled disability lawyer can help you make the best case to claims examiners and judges.