Disqus - Latest Comments for zStasiuk

Re: How to Get Your Medical Records For Free!

zStasiuk — Mon, 09 Nov 2009 21:26:29 -0000

Keep in mind that this is a general information site and does not provide legal advice.

You can check out the regulation here: http://www.cdphe.state.co.us/regulations/health...

Page 20 of this pdf has the relevant section discussing fees and the "no fee shall be charged section."

Good luck with your doctors!

Re: Video: Celiac Disease

zStasiuk — Sat, 17 Oct 2009 12:26:01 -0000

Any medically recognized condition can be disabling. I have helped several people with celiac disease (adults and children) on disability claims.

Re: Children Can Get Social Security Benefits Because of Disabled Parent

zStasiuk — Wed, 14 Oct 2009 22:38:03 -0000

Social Security disability insurance benefits have auxiliary benefits (benefits to spouses and minor children of the disabled individual).

However, Supplemental Security Income (SSI) benefits are only paid to the disabled individual.

Re: Social Security told me not to bother appealing my disability case

zStasiuk — Wed, 14 Oct 2009 01:20:23 -0000

A large percentage are denied on the initial application and I am certainly not trying to encourage clogging the Social Security system with frivolous appeals. What bugs me is that it really is not the desk attendant's job to decide what is and is not a frivolous appeal. in Colorado, appeals in disability denial case go to an Administrative Law Judge.

The Social Security worker should not usurp the judge's authority to rule on an appeal.

Even in Reconsideration cases where the technician may well be the person who *will* make the next decision, it is still improper because the technician cannot know what new evidence may be developed during the appeal. Even if the technician made the right choice in denying the case initially, that does not mean that new evidence will not become available during the appeal that should change Social Security's mind.

Frankly, the horror stories I hear are not just that a Social Security technician is being negative about a claimant filing an appeal; it is that the claimant is refused, actually refused, the appeal form.

This is a violation of an individual's due process rights. An appeal is part of a process that includes the hearing, the Appeals Council, District Court, the Circuit Court of Appeals and yes, even the United States Supreme Court.

By stopping someone from appealing, the entire future of that case and ALL the appeal rights die right there.

Re: Social Security told me not to bother appealing my disability case

zStasiuk — Tue, 13 Oct 2009 12:39:52 -0000

Hmm, I don't see too many Recon Requests in Colorado (since we don't use that step in disability cases -- although the Recon step is still used in cessation and overpayment cases). That language does not appear in the "Request for Hearing" forms.

I doubt that Social Security is institutionalizing discouraging appeals. I wonder what that language is for?

Re: Frequently Asked Social Security Questions

zStasiuk — Wed, 30 Sep 2009 10:58:41 -0000

See http://www.socialsecurityinsider.com/2009/05/ho...

Re: How do I prove my disability case when I look fine?

zStasiuk — Wed, 30 Sep 2009 10:58:31 -0000

See http://www.socialsecurityinsider.com/2009/05/ho...

Re: How do I prove my disability case when I look fine?

zStasiuk — Wed, 30 Sep 2009 10:57:58 -0000

My site deals with Social Security disability, not workers' compensation benefits. Work comp is a state based program which is different in every state.

If you had an attorney on your workers' compensation case, it may be time to re-contact them. One thing you may want to find out is whether your workers' compensation case was a permanent total disability (PTD) case? If it was a PTD case, there may be documentation of a "permanent" disability.

Also, is there a particular reason why you cannot ask your doctor for a simple statement that you are permanently and totally disabled (or whatever language your bank requires)? Even if you do not have a doctor at present, it might be worth paying for $300-400 for an evaluation. Even if the re-fi only saves you $100 a month, the exam would pay for itself in 3 to 4 months.

Good luck!

This communication is not legal advice does nor does it form an attorney-client relationship. No representation is provided without a validly executed fee agreement.

Re: Getting Social Security disability benefits before you turn 50

zStasiuk — Tue, 29 Sep 2009 23:08:35 -0000

Generally speaking, that is, not addressing your wife's case because I cannot provide legal advice through this website, it is often the case that different state and federal programs dealing with disability have different definitions and ways of proving disability. It is not unusual for an individual to be "disabled" under one program and "not disabled" under another program.

That simply means an individual usually can't trade one decision of disability (under one program) for another decision of disability (under a different program).

That said, the findings and evidence (if not the ultimate decision) from one disability case is often very useful in another disability case.

You should strongly consider talking to an attorney who handles the type of state disability benefit claims which your wife is applying for.

Good luck!

Re: Getting Social Security disability benefits before you turn 50

zStasiuk — Tue, 29 Sep 2009 00:28:21 -0000

Whoops! This article went out a bit too early and a bit underdone. Thank you for your patience while the finishing touches were put on!

Re: Maximum attorney fees increase to $6000

zStasiuk — Mon, 28 Sep 2009 20:39:56 -0000

Also see Social Security's own website: http://www.ssa.gov/representation/fee_agreement...

Re: Maximum attorney fees increase to $6000

zStasiuk — Mon, 28 Sep 2009 20:37:08 -0000

Bada-bing, bada-boom, bada-link: http://edocket.access.gpo.gov/2009/pdf/E9-2332.pdf

Re: How far back does Social Security pay benefits?

zStasiuk — Mon, 14 Sep 2009 13:06:28 -0000

Well, actually I am in beautiful Colorado Springs, Colorado :)

1) You should talk to your lawyer since you have one. Your lawyer will know average processing times in your area.
2) Yup, sometimes the cases is decided at the hearing, but then a person waits, and waits (and waits) for the *written* decision to be issued. But, at least then you know what the decision will be.

This communication is not legal advice does nor does it form an attorney-client relationship. No representation is provided without a validly executed fee agreement.

Re: How Long After My Social Security Hearing Does It Take To Get A Decision?

zStasiuk — Tue, 01 Sep 2009 22:57:14 -0000

Well, you're right. The VE is just a witness at the hearing and the judge does not have to agree with any witness. I have had hearings where the judge found the vocational expert's testimony to be not credible (fortunately, it was in my client's favor that time). That is however, extremely rare.

Still, if the vocational *expert* says there are no jobs available in response to *every* hypothetical presented by the judge, and the claimant STILL get denied, that certainly is something to look at as a possible issue for the appeal.

Re: How Long After My Social Security Hearing Does It Take To Get A Decision?

zStasiuk — Mon, 31 Aug 2009 01:00:16 -0000

Congratulations!!! You must be elated!

Re: What if the Judge Wants Me to Change When My Disability Began?

zStasiuk — Mon, 24 Aug 2009 15:42:42 -0000

If you don't know what your lawyer did, keep asking until you get a straight answer.

While I can't say what will happen in your case, I have often seen that when the AOD is amended and the case is approved, the decision is "fully favorable" instead of "partially favorable," because all the issue have been resolved.

See my article on partially favorable decisions: http://www.socialsecurityinsider.com/2008/06/i-...

Re: Children Can Get Social Security Benefits Because of Disabled Parent

zStasiuk — Sat, 22 Aug 2009 01:08:16 -0000

I don't see why not. However, I am rarely involved in auxiliary benefit cases since they are normally automatic (unless there is a paternity issue). Write back and let me know how it turns out.

Re: Children Can Get Social Security Benefits Because of Disabled Parent

zStasiuk — Fri, 21 Aug 2009 15:03:48 -0000

I don't know. Just out of curiosity, why is Social Security choosing to pay only 6 months of back auxiliary benefits?

FYI, there is a general requirement that before an individual can receive benefits, they have to apply for them. That may seem obvious but it comes up more often than most people imagine. For example an individual may have been eligible for Social Security for years, but if they only applied last month. Then they may be entitled to benefits either as of the filing date (SSI benefits) or a maximum of 12 months before that date (SSDI benefits).

I wish you the very best.

This communication does not form an attorney-client relationship. This communication is not legal advice, nor should it be relied on without obtaining legal advice. No representation is provided without a validly executed fee agreement. Phew!

Re: How Long After My Social Security Hearing Does It Take To Get A Decision?

zStasiuk — Thu, 20 Aug 2009 23:43:01 -0000

There is not much I can say. It is often a good idea to stay in touch with the hearing office to make sure you don't miss the decision. When more than 6 months passes I sometimes consider Congressional involvement, but it depends on the circumstances. See http://www.socialsecurityinsider.com/2008/10/sh...

Re: Frequently Asked Social Security Questions

zStasiuk — Wed, 19 Aug 2009 15:59:27 -0000

Take a look at: http://www.socialsecurityinsider.com/2009/01/ca...

Re: Can You Receive Social Security Benefits if Your Husband or Wife Dies?

zStasiuk — Fri, 07 Aug 2009 23:56:48 -0000

Wont she be eligible for Social Security retirement at 62 1/2? If you feel that she might qualify for Social Security disability / SSI, you may want to help her contact Social Security for more information, or speak with an attorney.

Re: I was Denied Because I was not Disabled Before My “Date Last Insured.” What is the “Date Last Insured?”

zStasiuk — Fri, 07 Aug 2009 11:16:10 -0000

It sounds like it would be a tough case, but it might be possible. However, there is a lot of information that would have to be gathered to give you a firm answer.

I recommend you contact a lawyer and see what can be done.

Re: More news about the Compassionate Allowance program

zStasiuk — Tue, 04 Aug 2009 12:20:06 -0000

Can you provide a link to the published information you mention?

Re: Children Can Get Social Security Benefits Because of Disabled Parent

zStasiuk — Wed, 29 Jul 2009 16:02:39 -0000

Minor children are often eligible for "auxiliary benefits." Your local SSA office should be able to take care of this for you.

Re: How to Replace Lost or Stolen Social Security Card

zStasiuk — Wed, 29 Jul 2009 01:34:56 -0000

Thanks for commenting! I'm afraid I don't know the answer to your question. You can call SSA before going to the office to find out, so you don't wait in line for hours just to be turned away.

This link may help: http://www.socialsecurityinsider.com/2008/11/ho...