You Don't Need To Be Over 50 To Qualify For Social Security Disability Benefits

{Read in 3:30 minutes} While some Social Security Disability cases are harder than others to win, we find that it is often the toughest ones that are the most rewarding. We recently had such a case, in which we met a young man who was only is his mid 20s and yet badly in need of help.

It is extremely difficult to show that a person this young qualifies for Social Security Insurance benefits (SSDI) or Supplemental Security Income (SSI) because the presumption is that people in this age bracket will be healthy and capable enough to find steady work. But as this case shows, this unfair presumption can be overcome.

This young man had a serious medical condition which caused him to experience uncontrollable epileptic seizures. Everywhere he worked, this condition caused his employers to worry about his safety and the safety of co-workers around him. He had trouble holding any job for long. At times, he even found himself homeless due to his inability to get steady work. He gave up on any real future and tended to stop taking his anti-seizure medication.

After meeting this young man, I reviewed his medical files and realized that despite his age, he had a strong case to receive SSI. We began the process of encouraging him to take his medication and see his doctors regularly to document his condition and attempt to treat it. It took time and perseverance, but by using his medical records and his testimony, we were able to persuade the administrative judge that this young man was in fact qualified to receive SSI benefits.

Since that time, we have noticed a big change in his attitude. He seems more hopeful, and we hope that his condition will improve as he receives medical treatment regularly. He checks in with me often to let me know how he is doing.

While most people assume that it is only people in their 50s and older that can qualify for SSDI or SSI, this story shows that assumption is wrong. A person of any age who cannot keep a job due to a medical condition can qualify, and we are here to help these people prove their case and see to it that they get the benefits they need.

Do you know anyone with a long-term disability who deserves Social Security Disability benefits? 

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

Announcement: Alegria & Barovick LLP is Multilingual!

Alegria & Barovick LLP is excited to announce that we are now able to make speakers of Creole and Spanish feel right at home from the moment they call us, as we have hired legal assistants who are fluent in both languages.

Our clients can be confident that: (a) they will have all the details of their claims understood immediately, and (b) our assistants can explain how the Social Security/Disability process works in their own language.

Our ability to quickly gather information from new clients enables us to do a better, more efficient job on their cases.

We look forward to helping even more speakers of Creole and Spanish facing disability challenges.

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

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

Social Security Disability Insurance Hearings: What Happens When The Applicant Himself Is A No-Show?

Many people applying for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits have mental disabilities.

Mental health problems can impair a person’s functioning, causing crippling anxiety and stress, which is often exacerbated by the inability to work or form social connections. They often become isolated, which worsens their anxiety and can result in an applicant becoming too nervous to appear at his or her own SSDI or SSI hearing.

Generally, when a “no-show” occurs, the person’s claim is denied. That is why I was extremely gratified recently when a client was awarded SSI benefits despite his failure to appear for the hearing.

This applicant had severe mental impairments, including schizophrenia, which caused him to be unable to work. These same problems also made him too anxious to attend his hearing. I moved forward with his case anyway, armed with a detailed legal brief which I prepared well ahead of time. The brief identified the client’s medical history, medical record and the areas where he met Social Security’s requirements. I presented all of his medical records to the judge, in addition to cross-examining Social Security’s independent psychiatrist, thus proving my client’s impaired condition. After a review of all the facts, the presiding judge approved the claim despite my client’s absence.

The fact that this claimant and others like him sometimes fail to appear for their hearings is further evidence of the misrepresentations made by some politicians about fraud in the SSDI system. Those people who do not appear are likely to be seriously disabled and unable to get themselves out of their homes, despite it being in their best interests to do so.

In this case the disability was invisible, but I was still able to identify it thanks to the preparation we put into this case and our ability to cross-examine Social Security’s independent psychiatrist effectively. That is why hiring the right disability lawyer can make an enormous difference in the outcome. I am very glad that my client’s absence was not enough of a reason to deny his claim. Finally, an individual greatly in need of social security disability benefits will receive them.  

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

Why The 60 Minutes Segment On Social Security Disability Insurance Was Biased And Misleading

As an attorney who represents Social Security Disability applicants on a daily basis, I was very disturbed by a recent 60 Minutes piece, which falsely portrayed the way the Social Security Disability (SSD) system works. The segment was misleading in several ways and failed to provide any sense of balance in its approach to the subject. Here are the issues that troubled me most about the segment:

• The show implied that the large increase in the number of claims is due to lax enforcement: The number of recipients of SSD benefits has steadily grown over the years, but the increase is not due to less stringent qualification standards. Americans, as a population, are getting older. Over the past several years, Baby Boomers have begun to hit retirement age in huge numbers. As Americans in this generation get older, they become more susceptible to injuries and illnesses that can cause them to become disabled and unable to work. In addition, the United States has been in a recession with very high unemployment rates since 2008. In this economic downturn, there are simply less job opportunities available for those with disabilities - they are often the last to get hired and the first to get laid off.

Although the number of disabled workers has been increasing since 1983, their growth as a percentage of the insured population has been considerably slower.

• The program suggested that it was easy for anyone who applies for SSD to be approved and receive benefits: The reality is quite the opposite. About two-thirds of all applicants are initially denied, and not many more are approved after they appeal. The process itself can be quite difficult to navigate, even for someone who is ultimately successful. In our experience, just 41% of all applicants who start the process end up receiving benefits. This hardly seems like a system that is overly generous or easy for applicants to manipulate.

• The presentation was shockingly biased: The only people interviewed for the piece were those on one side of the issue, essentially claiming that SSD fraud was rampant. There were no interviews with attorneys like myself who practice within the SSD system or with any applicants themselves. This lack of balance clearly indicates that the program was only designed to tell one side of the story.

I can only hope that most viewers will not form unfounded opinions about the SSD system based on the program’s misleading depictions. Viewers of CBS and 60 Minutes deserve better. I hope the network will air a follow-up program in which it provides a more honest look at the SSD system I know, and a fairer portrayal of those who are actually applying for benefits, most of whom desperately need them.  

It’s important to remember that everything you see or hear on the internet or on television is not necessarily true. One only needs to look as far as 60 Minutes for another example: Their admitted misleading coverage of the consulate attack in Benghazi, Libya - and the conspiracy theories surrounding it - has further tarnished their reputation.

If you would like to tell your senator or representative to not believe everything they see on television, click here for the Senate directory or here for the House of Representatives.

Anselmo A. Alegria

aaa@alegriabarovicklaw.com
alegriabarovicklaw.com
914-761-1133

Advocacy in More Ways Than One

A Social Security Disability Insurance hearing is not meant to be an adversarial process. In theory, the SSDI system is designed so that an individual can file an application and go through the entire process alone. The reality of the situation is something else entirely. It’s actually very important to have an experienced attorney by your side.

• The entire process can be nerve-wracking: Answering questions before a judge is just one part of the hearing process. A claimant must first go through metal detectors and deal with security guards to gain entrance to the hearing building. Then once inside, he or she can expect to have interactions with attorneys and expert witnesses, including medical doctors and/or vocational professionals, as well as the presiding judge. For someone who is not used to such a formal atmosphere, the whole situation can be a lot to take in while remaining composed. Especially given how much is at stake. But an experienced attorney will prepare you for the setting beforehand. You will know exactly what to expect ahead of time and will be able to focus on the substance of your case.

• A claimant who is flustered can hurt his or her own case: If the claimant chooses to proceed without a lawyer and nerves do kick in, it may adversely affect his or her chances. A person who is too nervous to think clearly or remember certain details may give incomplete or incoherent testimony, thus hurting the case for benefits. On the other hand, claimants who have attorneys to help them express themselves clearly and concisely are at a huge advantage when explaining their disabilities and how they have been impacted by them.  

• Many claimants have additional mental health or anxiety concerns already: Most claimants have physical and/or psychological issues that have kept them from working for months or even years. During this time away from work, they have not kept a regular schedule or had much social or professional interaction with others. The pain from physical ailments or even just the inability to earn a living may have caused them to become depressed, resulting in anxiety and stress-related disorders. Claimants with these issues need all the help they can get. Having an attorney can make a big difference and help them focus on what they need to do to get through the process smoothly.   

If you are scheduled for a Social Security Disability Insurance hearing and you have not already consulted with an attorney about your case, you should do so now. It will give you peace of mind and prepare you mentally for what is ahead.

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