General

USA Today published two articles regarding the Social Security Disability case backlog on July 29, 2007. The articles are worth reading. They talk about proposed funding increases to help, but once again the money will not solve much of the problem. The articles also list average waiting times for a hearing by the longest and shortest times.

You can link to the articles at http://www.usatoday.com/news/washington/2007-07-09-disabled_N.htm?csp=34 

For some reason, the link does not find the article. You can search the usatoday website for the July 29, 2007 article regarding social security disability.

 You may want to let your congresspeople and united states senators know about these articles also. 

Not everyone who needs Social Security Disability can come to a lawyer’s office.

You may not feel well enough to get out. I have had a client who had a recent operation on his legs who could not leave the house.
Some people with fibromyalgia ache all the time. Others have conditions where they are afraid to go out in public. I concentrate in Social Security law so I am more than willing to meet with you in your home, or anywhere else that is comfortable to you.

Another problem with Social Security disability is that a person must travel to the hearing office for the trial. In Central Illinois, the hearings are held in Peoria, Champaign or Springfield. Once again, people often cannot drive themselves to the hearing or get a ride from someone. I am happy to take you to the hearing and home again. The ride often gives us more time to discuss your case and what is going to happen at the hearing.

Please call me if you have any questions or suggestions for ways I can help you. Dirk May at 309-827-4371.

The question often isn’t whether you should file for disability, but whether you need a lawyer to win your social security case.

When I make a decision, I look at what is at stake and the cost invovled.

If you win your social security disability case you are entitled to monthly benefits for the rest of your life, and you are entitled to medicare coverage.

You only have to pay your lawyer if you win your social security case. Attorney fees are limited to 25% of back benefits or at most $5,300. There is never a fee on your monthly payments. Assuming, you are found disabled when you are 50 years old and you live to age 75 and you are paid $1,000 a month this would mean you would be paid close to $300,000 in benefits over your lifetime for a fee of $5,000.

As you can see, the social security system is set up to provide you representation for a small cost.

Access to medical treatment is absolutely critical for your social security disability claim. Everything Social Security does is based on your medical records.

The problem is many people filing for disability have very limited access to medical care. This makes the debates over healthcare at the national level and in the states very important. With Democrats in control in Congress and the presidential election coming up in 2008 there appears to be a good opportunity for change in access to healthcare. In Illinois, the Governor is advocating for greater access to medical care for people without insurance. While it does not appear his proposals will be adopted, the Governor’s involvement raises the visability of the healthcare issue.

In addition, some states are experimenting with different approachs to providing medical access to its citizens. This environment encourages other states to come up with new ideas and can only help the situation.

If you are experiencing problems with access to healthcare, I encourage you to let your elected officials know what is happening to you. Check the links on this blog for contacting members of Congress and State of Illinois officials. This is important so they know what is happening to real people. Lawyers, lobbyists, and interest groups all have their say in this debate. Citizens also need to let their voice be heard.

What is the difference between Social Security Disability and SSI? When you apply for disability, Social Security will look at your eligibility for both programs. Social Security disability is an insurance program. Only those who have paid in enough quarters can receive benefits. When you receive income and pay your social security tax and medicare tax you receive credit for it and Social Security records these credits throughout your work history. If you do not work outside the home, or do not pay the Social Security tax you will not be eligible for Social Security disability. For instance, some universities do not have their employees pay into the Social Security system.

If you do not have enough work credits for SSD, you can still be eligible for SSI. The problem with SSI is that it is limited to the range of $600 per month currently, and it is an asset based program. This means if you earn other income or someone in your family earns income or you have certain assets such as savings accounts or retirement accounts Social Security starts subtracting from your monthly benefits and you can end up with very little per month.

If you have any questions about whether you are eligible for SSD please feel free to give me a call.