SSD Bankrupt 2017?

Well, by now many of you have heard that the SSD trust fund will be bankrupt by 2017. This just further fuels what many of us in this field have speculated for several months…….Social Security is cracking down on the approval rate due to the bad economy. Whether the trust fund will actually become insolvent in 2017 remains to be seen. I find it hard to believe the Federal Government will default on these benefits to beneficiaries. Yet, it does mean you are going to find attorney reps becoming more selective on cases being filed. There are many not so obvious factors that go into whether a claimant has a good case. The only way to know for sure is to talk to an experienced representative. If you think you might have a claim, it is certainly worth seeking counsel before filing your case. Call us if we can help.

Congestive Heart Failure Case Reversal and Award

Senior Partner Greg Rogers yesterday successfully reversed a denial by an ALJ on a 52 year old client who suffered a disabling heart attack in 1999. The client was originally approved for benefits in 2001, but was cut off after a continuing disability review in 2004. The client went before an ALJ in 2008 unrepresented and lost. He then retained RHKPC. RHKPC successfully appealed the case to the Appeals Council and received a new hearing. Yesterday the new ALJ overruled the prior ALJ decision and put the client back on benefits dating back 2004. The client also will have his Medicare reinstated.

Kidney Transplant Case

Senior partner Greg Rogers was successful this week in winning a kidney transplant case in front of the Administrative Law Judge. The central issue in the case why the claimant was now disabled after having been able to work for 5 years following the transplant. The Administrative Law Judge determined that the claimant’s condition deteriorated during the years following the surgery resulting in uncontrolled high blood pressure, chronic kidney infections, and fatigue. He determined claimant’s residual condition was indeed a disabling condition.

Pancreatitis Claim Won in front of ALJ

Senior partner Greg Rogers was successful this week in winning a chronic pancreatitis case in front of the Administrative Law Judge. A central issue in the case was how the condition developed and whether the pain caused by the condition was disabling. The Administrative Law Judge determined that the combination of effects from pain and side effects from medications was indeed a disabling condition.

Cardiomyopathy Case won

Senior Partner Greg Rogers won a difficult cardiomyopathy case Wednesday for a 48 year old welder/pipefitter. The case will result in 3 years of back pay amounting to over $50,000.00 in back pay, immediate Medicare benefits, and $1500 per month in Social Security disability. The judge in the case was one known to the firm as a thorough but fair judge who makes good decisions when the case is well presented.

Should a claimant delay filing for SSD benefits if a WC settlement is likely?

To avoid the Medicare Set Aside (MSA) process, some attorneys often give bad advice by recommending to their client that they delay filing for SSD benefits until their WC claim has resolved. The theory is that if their client has applied for SSD/Medicare then an MSA becomes more likely. If the WC claim can be settled within twelve months from the date of injury/disability, then there may be no harm in advising the client to delay applying for SSD benefits. However, if the WC claim will last more than twelve months, have good reasons why you tell your client to delay filing for SSD benefits. Although there is no statute of limitations to file an SSD claim (we recently won a case with a disability date as far back as 1971), SSA only allows a claimant to recover twelve months of back benefits from the date of application. If your client waits more than twelve months from the date of disability to file for SSD benefits, they will lose out on back benefits and may blame you for bad advice if you told them to wait. Another problem is that the current length of a typical SSD claim is so long that if your client delays filing for a year or longer, he is only tacking another year or more onto an already lengthy process. There is no bright line rule on this issue as such decision is weighed on a case-by-case basis, but we generally do not recommend to our clients that they wait to file for SSD benefits if the WC claim will last more than twelve months.

RHK wins Interstitial Cystitis Case

Partner Greg Rogers appeared today before a Federal ALJ on behalf of a client suffering from Interstitial cystitis and seeking Social Security Disability for this painful bladder disorder. Through development of good evidence from the Claimant’s treating doctor and testimony of the Claimant discussing the limitations caused by this painful disorder, the ALJ approved the claim. Key elements of the case were elements of pain and frequency of bathroom trips caused by this condition.