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SS Reconsideration

If you have applied for social security disability or SSI, you should know that you will, on average, stand a seventy percent likelihood of having your case denied (however, that also means that you stand a 30 percent chance of being approved, so here's to hoping that you are one of the lucky ones).

What do you do if you get denied for disability benefits from SSA? Well, you don't do what a lot of people do. You don't give up. Astoundingly, two-thirds of all applicants for disability benefits, reportedly, give on their claims after they have been denied.

This is understandable, of course. Getting denied is a crushing experience. You file your paperwork with the social security office, you sit through your interview, you jump through all the hoops that the federal system requires you to jump through, and then, if your case is typical of most, you wait for months before you get an answer, only to find that your claim has been denied. Who wouldn't find that depressing, even to the extent of giving up?

However, giving up is the very last thing you should do. Why? Because a majority of the individuals who pursue their claim through the reconsideration appeal stage (where most claims get denied again) and on to the disability hearing stage will get approved by a federal judge.

I reiterate. Do not give up. File your appeals. And file them timely.

What is the first appeal? It is something known as a request for reconsideration. Reconsideration is simply another way of saying that social security will look at your case again and make another decision.

The request for reconsideration is usually handled faster than your first application for disability. And that's logical because it is filed very soon after the application has been denied.
How many reconsiderations get denied? Almost nine out of ten. However, that is to be expected (its unfortunate that claimants are forced into the position of having to accept that as a "routine outcome").

The important thing to remember is this: if you file a request for reconsideration and it gets denied, you can file a request for a disability hearing. And that's where you stand your best chance of being approved for disability.

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Thursday, January 31, 2008

Fampridine and MS

Recently, I came across an article about a promising "new" drug known as Fampridine. Fampridine is not a new chemical compound, as it was first synthesized from coal tar during the 1890's. Fampridine works like a bandage for damaged nerves; consequently, electrical current is able to flow past the damaged nerve area. For multiple sclerosis suffers and potentially some individuals with damaged spinal cords, this could mean the ability to walk for short periods. Even longer may be possible.

Currently, Accorda Therapeutics is seeking FDA approval for a sustained-release Fampridine tablet that could dramatically change the lives of many individuals with spinal cord injuries or multiple sclerosis. Nearly eighty percent of all individuals with multiple sclerosis have some type of walking impairment during the progression of the disease, and many require a wheelchair or walkers for mobility.

Fampridine clinical tests during the past year have been very promising, patients taking Fampridine were four times more likely to have improved walking speeds over patients that were not taking the drug. If the cardiac safety testing results are positive, FDA approval may come as soon as late 2009.

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Tuesday, January 29, 2008

Do I need to have a Representative at a Social Security Disability Hearing?

Yes, you do. There are many reasons why this is true. For one thing, a representative (who can be a disability lawyer or an individual who used to be an employee of the social security administration and now works as a non-attorney representative) will be familiar with how the federal disability system works. Secondly, a representative will know what is needed to obtain a disability approval based on an applicant's work history and medical records (known as a "med-voc" allowance).

However, there is another reason which is this---it is never a good idea to represent yourself in anything. Think about it. When attorneys get sued, they don't represent themselves. They get another attorney to represent them. Because, by and large, a judge who presides at a hearing of any kind, including a disability hearing, will give more consideration to a person who is represented by a third party.

Can you win a disability claim if you choose to appear at a hearing unrepresented? Yes, it is possible. And, in fact, the statistics I've come across indicate that forty percent of claimants who go to hearings without the benefit of representation actually win their claims for SSD or SSI benefits. However, of those claimants who go to hearings with representation, the win rate is actually closer to 60 percent. That means that represented claimants have an approximately fifty percent better chance of winning if they attend a hearing with the help of a lawyer.

Why do represented claimants do so much better than unrepresented claimants? The answer is simple:

1. A representative will have read the case file and will be familiar with why the case was originally denied at the application and reconsideration levels.

2. A representative will review the medical evidence gathered by DDS (disability determination services, where the case was denied at the first two steps) and will gather additional records to account for the time between the last denial and the hearing date. These records will be studied to determine how they support a possible approval.

3. A representative will generally attempt to gather supporting statements from a claimant's treating physicians. These can carry substantial weight at a hearing.

4. A representative will be familiar with the social security disability and SSI programs, and the rules and regulations that apply to each. 5. A representative will serve as an advocate for the approval of a case and will have familiarity with both the medical and vocational aspects of an SSD or SSI claim.

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Monday, January 28, 2008

Multiple Sclerosis Response To Treatment May Vary Depending on Patient's Genes

I read an interesting article in Medical News Today about treatment response to beta interferon therapy being tied to an individual's genes. The article describes the differences in the DNA of individuals who respond to interferon and those who do not. In fact, scientists may have discovered key genetic differences between the two groups that may allow them to design a more personalized medicine for the treatment of multiple sclerosis.

Scientists have stated that beneficial results of interferon beta therapy for multiple sclerosis patients who are in the relapsing and remitting stage of multiple sclerosis are clearly shown. However, even in this phase the current interferon treatment therapy offers only partial relief from the symptoms of multiple sclerosis, additionally about half of all patients are non responders.

Considering the adverse affects, inconvenience and the cost of the drug, physicians would like to be able to personalize a better interferon treatment for each individual, in an effort to reduce relapses and the debilitating affects of multiple sclerosis.

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Another Reason to get Representation for a Social Security Disability or SSI Case

In the prior post, I spoke of the fact that, after a disability hearing has been held, it may take an excruciatingly long time to receive a decision from a disability judge.

Well, here's another reason to have representation, either in the form of a disability lawyer or non-attorney claimant's representative. In certain instances, a case will be pulled out from beneath a pile at the hearing office (officially ODAR, the office of disability adjudication and review) only because a representative's office had actually called to inquire about the status of the hearing decision.

I've actually made calls myself where it turned out that a particular case had somehow fallen through the cracks. Usually, it went something like this:

1. The disability hearing was held.

2. Medical evidence from one source or another was still outstanding.

3. The evidence, for one reason or another, took a long time to gather.

4. The evidence was eventually gathered and submitted.

5. It was associated with the file at the hearing office.

6. Then, for whatever reason, the case slipped into obivion.

This sort of scenario probably doesn't happen all too often. But it does happen, simply due to the human aspect of processing cases. And, I believe, this sort of thing is more likely to happen in a system that is low on manpower and high on work demands.

But it does illustrate a central point: if you think your case is taking too long, don't sit back and wait. Investigate by checking the status of your claim, or having your representative do this for you.

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Sunday, January 27, 2008

Social Security Ticket to Work program

An article in the Dubuque, IA Telegraph Herald, written by Mary Rae Bragg, suggests that the program is “struggling to get the job done”. Seven years ago, the Ticket to Work program was touted as the way to make employment and vocational rehabilitation available to the millions of people with disabilities who were receiving Social Security disability benefits. At that time, officials thought expanded healthcare benefits through Medicare would alleviate the fears of individuals who wished to work but did not want to take a chance on losing their Social Security benefits. The ticket to work arrangement allowed for extended Medicare coverage for those whose work income disqualified them from Social Security assistance.

However, this may not have been a correct assumption on the part of government officials. Only 12,619 people with disabilities (with Tickets to Work) have gone on to be assigned to a provider on the employment network thus far.

The article goes on to point out that Maximus (the government contractor that administers the Ticket to Work program) has a website that offers public and private providers across the nationz; however, there were none in the tri-state area (surrounding Dubuque, Iowa).

I agree that the Ticket to Work incentive has been, for all intents and purposes, a failure. Most disability beneficiaries are not willing to risk their entitlement to Social Security benefits, and even if they considered using their ticket to work, they would have a difficult time finding public or private providers in their area.

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Management of migraines

Did you know that there has been significant progress in migraine treatment in the last ten years? According to an article by Jerry Swanson, M.D., Neurology, Mayo Clinic, that appeared in Tribune Media Services, the treatment of migraines has improved drastically over the last ten years due to early treatment of acute migraine attacks, life style changes, and preventative therapy.

Migraines are more than just a headache; in fact, migraines can be very disabling and may last several hours or even days. Migraines often have trigger mechanisms such as light, odors, sounds, exercise or even routine daily activities. Lifestyle changes are generally centered upon avoiding trigger mechanisms and trying to include a healthy daily routine, which includes exercise, rest, and healthy foods.

There are several medications that are used to treat migraines whether they are chronic or acute. For instance, mild migraines are often treated with non-steroidal anti-inflammatory medications or acetaminophen. Moderate migraines may require a combination drug that contains caffeine, acetaminophen, and aspirin, or prescription analgesics. Migraine sufferers who experience four or more migraines a month may be prescribed antidepressants, cardiovascular drugs, and anti-seizure medications.

Some potential alternative treatment therapies for migraines might include botox injections to the scalp muscles, acupuncture, relaxation techniques, yoga, and breathing exercises. Also, biofeedback might help with the frequency and severity of migraine attacks. Additionally, the article mentions that supplements such as coenzyme Q10, vitamin B2, and magnesium may help reduce the frequency of migraines, along with the herbs feverfew or butterbur. Of course, Dr. Swanson does recommend that you consult your treating physician before using any alternative medical therapies to prevent harmful drug interactions.

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