Non-Cash Assets Can Sink Your SSI Claim

The Social Security Administration has two different programs that are designed to be safety nets for people who are too sick or injured to work.

Social Security Disability Insurance (SSDI): SSDI is only available to people who have a sufficient work history. Generally you need to work at least five out of the last 10 years and pay Social Security, disability insurance and taxes - and that applies to people who are over 31. The requirement is less for people aged 18-31.

Supplemental Security Income (SSI): The other kind of disability benefits that someone can apply for is called Supplemental Security Income, which is available to people who don't have the work history to qualify for SSDI. An additional requirement for SSI is that the person applying for benefits pass a means test.

When performing a means test for SSI, one of the touchstones the Social Security Administration looks for is the applicant’s assets. In general, the person applying for SSI - assuming they can meet the medical requirements for disabled status under Social Security's rules - can have no more than $2,000 in assets. That includes property, bank accounts and even jewelry. In general, however, there are a few exceptions to this rule: applicants are permitted to have one house, one primary vehicle, and other essentials.

Unfortunately, many of our SSI clients run into the situation where their names are on the deeds of properties that are held by other family members.

We recently came across a client who came to us applying for SSI. She has not been able to work for the last two years, and her application had been pending for all that time. As a result, she has been struggling to make ends meet, and is now close to being destitute.

Her case became complicated when she learned that a relative passed away in Puerto Rico, and the relative owned property there - and our client’s name may have been on the deed to the property. Right now our client is in limbo, and she does not know what is going to happen to the property in Puerto Rico. I explained to her that if her name is on the deed, she does stand to gain some significant assets, and that would render her unqualified for SSI.

Our client now finds herself in a good news/bad news situation because that asset may have her name on it, but she may not be able to put her hands on it - and that asset alone would disqualify her for SSI.

It's something we’re studying, but we wanted to bring the issue to the attention of other people out there who may be considering applying for SSI: Be mindful of the fact there is an income analysis that Social Security does. In addition to determining whether you're medically disabled, you must also have limited assets.

Anselmo A. Alegria
aaa@alegriabarovicklaw.com
alegriabarovicklaw.com
914-761-1133

The Real Story On Social Security Disability Fraud

I was disheartened to read a recent article in Forbes magazine concerning Social Security Disability Insurance (SSDI) fraud. The piece by Richard Finger was extremely misleading and is likely to give an uninformed reader a very distorted picture of how the SSDI system actually works. The article reads like a propaganda piece written by someone who has no actual knowledge of the day-to-day functioning of the SSDI program - and who is simply trying to score some political points. Here are some of the most striking inaccuracies in the article:

• FALSE STATEMENT: It is in the best interest of an SSDI lawyer to take every disability case to trial. 
  
  This point flies in the face of reality. The way the SSDI system actually works, a lawyer only receives a contingency fee if his or her client is awarded benefits. If the client is denied benefits, the lawyer receives no compensation. So when Finger states that taking a case to trial is a win for the applicant’s attorney “no matter the verdict,” he is, intentionally, putting out misinformation. There is no trial. A Social Security Administration judge decides whether the claimant is disabled.
• FALSE STATEMENT: SSDI judges approve disability benefits automatically.

  
  

  Finger writes that some judges never refuse anyone SSDI benefits. This is a misleading statement, as the statistics show that on average only a little more than 50% of SSDI applicants that go before a judge are awarded any benefits. The reality is that some judges are more easily persuadable than others, but there certainly are not any judges who approve benefits for every applicant they encounter.
• FALSE STATEMENT: It's easy for anyone who claims “back problems” to receive benefits.  
  
  Finger mocks those who apply for SSDI based on back-related ailments, suggesting that many of them are faking their injuries, but are always approved for benefits anyway. As an attorney who represents individuals applying for these benefits on a daily basis, I can state that it would not be easy for someone to receive benefits by feigning an injury.
  
  There is an administrative review and balancing process in place for that reason. People who apply for benefits must provide proof of disability to support their claims. In fact, most claimants, especially claimants with disabling back conditions, are examined by doctors selected by the Social Security Administration. The notion that people can simply complain of back pain and pick up their SSDI checks the next day, as Finger implies, is inaccurate as well as insulting to those who are actually disabled and suffering severe pain.   

Relative to the population, the percentage of Americans receiving SSDI benefits is less today than it was 30 years ago. But people like the writer of this Forbes article don't seem to want to let facts get in the way of their theories. It’s a shame that someone who obviously knows little to nothing about the realities of the SSDI system is attempting to influence his readers about it by providing misleading and inaccurate information.

What questions do you have about the Social Security Disability system?


Anselmo A. Alegria
aaa@alegriabarovicklaw.com
alegriabarovicklaw.com
914-761-1133

A Pair of Paperwork Powerhouses

A dedicated and capable support staff is the backbone of any great law office. At Alegria & Barovick LLP, we recognize the difference an excellent support staff make. While attorneys can handle the legal strategies employed, it is the support staff who keep things running smoothly and anticipate potential issues before they become real problems.

In our practice, we handle a great deal of Social Security Disability cases and these often require reviewing a client’s medical records to figure out whether he or she has already received certain care, or needs further treatment.

However, medical records can be very difficult to obtain. Depending on how old the medical records may be, they may be archived off-site from a hospital or doctor's office, which makes them difficult to track down. And if the records are too recent, they may not have been properly catalogued yet. Our staff are experts at finding records - and often go through Herculean efforts to locate them, which can mean the difference between a client receiving needed benefits or not.   

For example, we just handled a case involving a client who was being treated by a physician located near Coney Island in Brooklyn, New York.

As a result of Hurricane Sandy last year, this doctor’s office had been damaged and his files were completely torn asunder. Our team worked tirelessly to locate an IT specialist capable of extracting data from the doctor’s waterlogged, salt-damaged hard drive, which revived our case; by presenting this evidence to the Administrative Law Judge at a disability hearing, we were able to prevail and get our client the disability benefits she deserved.     

Whether it’s taking on complicated tasks like forensic computing, coming in on the weekend or just being flexible, our support staff genuinely wants the best outcome for you and your case.

Does your Social Security Disability case need the help of a paperwork powerhouse? Combined with help of the help of the guy in the back office, who happens to be an experienced Social Security Disability attorney, our support staff will ensure that you’ll be in good hands. Call us at 914-761-1133 today!

Anselmo A. Alegria
aaa@alegriabarovicklaw.com
alegriabarovicklaw.com
914-761-1133

Why We Need To Protect Social Security Disability Insurance From Sequestration Cuts

Due to our nation’s current deficit problems and the sequestration debate occurring in Congress, there has been some discussion about reforming the country’s Social Security Disability Insurance (SSDI) program. 

SSDI is a federal benefit program that provides monthly payments to workers who have become significantly disabled before reaching their retirement age, and who now need government support to help them pay their bills. 

While there may have to be budget cuts, it is very important that we protect and strengthen SSDI because its beneficiaries are hard-working Americans who can no longer work, through no fault of their own, and many would have nowhere to turn without these benefits.

The taxpayers receiving benefits have already paid into the program.

Federal Insurance Contributions Act (FICA) taxes are taken out of a worker's paycheck along with the other state and federal taxes deducted. These FICA deductions specifically go towards paying for the Social Security program including SSDI. So when someone is injured and can no longer work, they are not asking for charity. In effect, throughout a worker's entire career, the deductions from his or her weekly paycheck were simply premiums funding this insurance policy.     

The taxpayers seeking SSDI benefits need them.

Only individuals who have been injured and are no longer able to work are eligible to receive benefits under SSDI. Substantial medical evidence must be submitted to prove the disability is real, and renders the workers who are applying for benefits unable to work. Because of their disabilities and their inability to earn a living anymore, many of these workers have no means of support and would literally be homeless without the help of these benefits.

Due to limited resources and a smothering backlog of applications, it already takes too long for workers to receive benefits after applying for them. It typically takes two years or more for workers to begin receiving SSDI benefits. The good news is that when they are approved for benefits, the payments are retroactive and are calculated from the date of of disability. 

Anselmo A. Alegria
aaa@alegriabarovick.com

http://alegriabarovicklaw.com/
914-761-1133

Don’t Suffer in Silence: How your medical record can make or break your claim

We are fortunate in this country that our government provides assistance to those members of society who are no longer able to work due to a disability. The federal government’s Social Security Disability program acts as a safety net for those individuals by providing:

• Monthly stipends for the disabled person;
• Monthly stipends for qualifying family members;
• Medical coverage under Medicare.

Getting approved for Social Security Disability benefits is a long and complex process, rarely taking less than a year, and often more than 2 years.

Unfortunately, it is a process often frustrated by the fact that many claimants do not get medical treatment. Perhaps they have given up or they’ve simply accepted their diminished physical capacity, but once a person stops going in for medical treatment no more medical records will be produced. No medical records means it is very difficult to prove the case to Social Security Administration.

For example, someone might have a disabling back condition for which they have gone to the doctor many times. When it turns out that nothing can be done except medication, they stop going to their doctor. They simply refill their prescriptions and go on like that for months, sometimes years - and there are no medical records  documenting that disability for that time period. Although they may be suffering, the person is suffering in silence because it’s not being documented in a doctor’s medical chart.

Social Security wants to see that a claimant is continuing his or her medical treatment because they want to see that he or she is at least trying to get better.

Often, in addition to physical disabilities, there is the added obstacle of a mental impairment. For instance, someone who is in excruciating pain every day may eventually fall into a severe depression. Depression, too, can be a disability under Social Security regulations - but there has to be a medical record of it. Sadly, the stigma associated with mental illness causes many people to forgo treatment. We encourage them to do so not only because it will help them get better, but it will also strengthen their case.

Our firm brings the extensive legal and medical expertise required to evaluate your claim. We have the litigation and courtroom experience necessary to pursue your claim successfully on your behalf. For more information, click here or call 888-743-1606.

Anselmo A. Alegria
aaa@alegriabarovicklaw.com
alegriabarovicklaw.com
914-761-1133