Meet Paulette Balin & Associates' Latest Asset

Our office is proud to announce the latest addition to our team, Matt Shupe. Matt is a recent graduate of the Case Western Reserve University School of Law and is currently awaiting the summer 2012 Bar Exam Results.

Matt is a person who has advocated for the disabled his entire life. After seeing his uncle struggle to obtain disability benefits back in the 1990’s, and how an attorney helped him get the benefits to stabilize his household, Matt knew what he wanted to do when he grew up.

In 2008, Matt graduated magna cum laude from Slippery Rock University with degrees in history and anthropology. During his time at Slippery Rock, Matt acted as vice president of Phi Alpha Theta and won the National Best Chapter Award in 2008. He also held the title of treasurer for two years on the Student Advisory Board as well as worked as a peer tutor.

After graduation, Matt began his foray into the disability law field with an internship at Paulette Balin & Associates as a case manager in 2009. Here Matt helped develop over 450 active disability and SSI claims. He communicated frequently with health care professionals and Social Security representatives, as well as prepared cases for court hearings.

In 2009, Matt also began attending Case Western Reserve University School of Law. During this time he continued to work as a legal intern for Paulette Balin & Associates, writing legal briefs for Appeals Council and federal court cases. During this time he also worked for the Milton A. Kramer Law Clinic Center as a Supreme Court of Ohio Certified Legal Intern. Here Matt provided transactional and corporate counsel legal services for education and arts-based non-profit organizations. Matt also assisted physically and mentally impaired clients that were discriminated against under state and federal Fair Housing laws.

Also during this time, Matt spearheaded a community project in Cleveland Heights, Ohio, to build a handicap-accessible garden for low-income adults. Matt organized the project, as well as helped build the garden himself, which is enjoyed by many in the Cleveland Heights community to this day.

Now that we are lucky to have Matt back in our office, he will be actively representing clients in court, conducting prospective client interviews, as well as continuing to write compelling legal briefs. We are proud to have Matt as part of our team and wish him the best success as our newest associate attorney once he passes the Ohio Bar Exam!

 Written by Anna Westfall, edited by Attorney Andrew November & Attorney Matt Shupe

Come learn more about our legal team by clicking here! We are located in Mentor, Cleveland, Ashtabula, Akron, Canton, Youngstown, Lorain & Toledo to  meet you in-person conveniently!

Need Help Applying for Disability Online? Paulette Balin & Associates Can Help!

As many people know, you can now file for Social Security disability online. While the process is relatively user-friendly, it can still be confusing to some and requires a great deal of homework for the applicant. We are proud to announce that our office now offers the service of helping people apply online.

There are three parts to the online disability application process. The first part is the actual application, which takes approximately 20 minutes to complete. Here you are asked basic information to identify you, as well as for information such as marriages, past and present, and any children you have. In this stage of the application it is important to have your tax returns from the past two years, as you will also be asked about your income. If you served in the military, you will be asked for your discharge information and all periods of active duty.

If you are applying for yourself, you may electronically sign the application online when finished. If you are helping someone else apply, they are sent a copy of the application in the mail to review and sign. In this case, your application is not recognized by SSA until they receive the signed copy back from you.

The second part of the application process is the Adult Disability Report. This is the lengthiest part of the process that may be quite discouraging to some. Depending on how much information you have to provide (and SSA asks that you provide as much as possible), this part of the application can take an hour to two hours to complete. Here you are asked specific questions about your disabilities, medications, doctors, and past work. You must list the last five jobs from the last fifteen years and the dates you worked. When you start the report you are given a re-entry number, in case you need to stop and finish the report later.

Third, SSA needs a release form from you in order to request your medical records. Once you complete the Adult Disability Report, the website gives you the option to print out a SSA-827, along with a cover sheet that lists the local office you would take the form to. At this point, the claimant can apply for Supplemental Security Income (SSI) at the local office if they qualify. You cannot file for SSI online.

 Your claim will not be active until SSA receives these three items from you – the application, the Adult Disability Report, and the SSA-827. For a more complete list of the items needs to file online, please visit: http://www.socialsecurity.gov/info/isba/disability/firstpartydib.htm .

Because applying online is time-consuming and potentially confusing, it is a good idea to consult an attorney who practices in this field before getting started. He or she can help you understand the questions asked on the application, as well as help you understand what disability programs you qualify for. An attorney may also advise you in regards to other matters pertaining to your disability claim, such as if you are also collecting worker’s compensation or unemployment benefits, and how this would affect your claim.

Paulette F Balin & Associates, LLC is now helping people apply online! If you have lots of questions, are not sure which direction to take, or simply do not have access to a computer, we are here to help you. Call us today, toll-free, (866) 49BALIN and ask for Anna to set up your appointment. After we meet with you and get your basic information, we will file your application online for you and begin working on your claim immediately. We will help you every step of the way!

Written by Anna Westfall & edited by Attorney Andrew November 

Visit us online by clicking here! We are located in Mentor, Cleveland, Asthabula, Akron, Canton, Youngstown, Toledo and Lorain for your convenience!

Can I Apply for Disability and Early Retirement at the Same Time?

It is a common misconception many people have that an individual must choose between filing for either early retirement at age 62 or for disability benefits, when in reality a person can pursue both types of benefits at the same time.

When an individual chooses to start collecting early retirement, they are accepting a 25% reduction of their full retirement benefit. This reduction is permanent and cannot be reversed. The only way an individual can increase their early retirement benefit is by also receiving disability benefits.

If the retired individual is found disabled after the age of 62, they are paid the difference between the reduced retirement amount and the full Social Security benefit amount for each month the individual was already paid early retirement. They will then receive their full benefit amount for each month moving forward.

For example, Mary stopped working on January 1^st, 2010 because of her health condition. After her 62^nd birthday on June 1^st, 2011, Mary filed for early retirement. Because she already had stopped working due to her health condition, Mary also applied for disability, alleging that she could not work as of January 1^st, 2010.  In November, 2011, SSA found Mary disabled as she had alleged as of January 1^st, 2010. She is entitled to disability benefits as of July, 2010.

By this time, Mary had been collecting early retirement since June, 2011. SSA will retroactively pay Mary the difference between her early retirement benefit amount and her disability benefit amount for June, 2011 through November, 2011, then continue to pay her the full monthly benefit amount as long as she remains disabled through the age of 66.

However, there are some possible issues that could arise should an individual choose to file for early retirement and disability benefits at the same time. These possibilities must be kept in mind for anyone who is considering this route.

The first thing to remember is if you are denied disability, you will receive your retirement benefits at the reduced rate for the rest of your life. If you wish to avoid this scenario, it is more advisable to file for disability benefits between the ages of 62 and 65, rather than early retirement.

The second important point to remember is that it is possible for SSA to find you disabled on a date different than the one you claimed. In our example, Mary claimed she became unable to work on January 1^st, 2010. Instead, SSA finds her disabled as of December 1^st, 2011. Because Mary started collecting early retirement in June, 2011, this results in a 6 month reduction of benefits. She will not be paid any retroactive disability benefits for those months and, when she does turn 66, she will continue to suffer a 6 month penalty on her benefits as if she had retired at age 65 and 6 months.

SSA figures the penalty amount based on the year you are born. Please visit http://www.socialsecurity.gov/retire2/agereduction.htm for more information regarding reduction of benefits.

Because this interaction between the disability and retirement programs can be very confusing, it is a good idea to first talk to an attorney who can help you decide what is best for you. Knowing what your options are, as well as all possible outcomes, is vital in this very important decision. 

Written by Anna Westfall & edited by Paulette F. Balin

Please visit us online by clicking here! We are located in Mentor, Cleveland, Ashtabula, Akron, Canton, Youngstown, Lorain and Toledo for your convenience.

What is the Five Step Sequential Evaluation Process?

For every adult disability, SSI, child disability, widow’s or widower’s benefit claim, the five step sequential evaluation process must be followed to determine whether or not the claimant is disabled. The steps must be followed in a set order. If SSA finds that a claimant is or is not disabled at a step, the evaluation process ends. If they cannot find the claimant either disabled or not disabled at a step, the process then proceeds to the next step. Before SSA can go from step three to step four, however, the claimant’s residual functional capacity must be assessed. This assessment is then used at both steps four and five.

Step 1: Are You Engaged in Substantial Gainful Activity?

Just because a person is working does not automatically disqualify them from pursuing disability. However, the work activity must fall below Substantial Gainful Activity (SGA). Engaging in SGA basically means you are making reasonably enough income to live based on the cost of living, therefore you cannot be considered disabled and in need of the financial help disability benefits provide. The current SGA amount for 2012 is $1,010. If your earnings fall below SGA, or you have no income at all, your claim proceeds to step two.

Step 2: Are Your Impairments Severe?

A severe medical impairment significantly interferes with an individuals either physical or mental ability to do basic work activities. If your impairment is found to only mildly interfere with basic work activity, you will not be found disabled. This can be a single, severe impairment or a combination of impairments that is severe, and is expected to last at least twelve consecutive months. If your impairment or combination of same is found to be severe by SSA, proceed to step three.

Step 3: Do Your Impairments Meet or Equal a Listing?

At this step, the severity of your impairment or combination of same is also considered. If they meet or equal one of SSA’s listings, you will be found disabled. The complete list can be found here: http://www.ssa.gov/disability/professionals/bluebook/AdultListings.htm. Once this is determined, proceed to step four.

Step 4: Are You Able to Return to Your Past Relevant Work?

At this step, your residual functional capacity (RFC) is assessed to determine whether or not you are able to return to your past relevant work (PRW). Past relevant work is the work you did within the last fifteen years, that was SGA, and that you performed long enough to learn how to do it. Ideally, your doctor would test your abilities (such as how much you can crouch, stoop, handle objects, walk, sit, etc.) and complete a RFC form that outlines your limitations. One of the benefits of hiring an experienced disability representative is that he or she will work with your doctor to get this information for SSA. If your limitations are as such that you cannot perform your past work duties, proceed to step five.

 Step 5: Can you Adjust to Other Work?

If you cannot go back to your past relevant work, SSA then considers your age, education and work experience to determine whether you can perform other work. If you previously performed work that was considered “heavy,” you may be able to adjust to other work that is considered “medium” or “light.” If you can perform other work, you will not be found disabled. SSA utilizes the Medical-Vocational Guidelines, also known as the “grids,” to help make this determination. The guidelines take into account your impairment(s), age, education and work experience. However, the grids only address exertional limitations.

Because individuals are not always found disabled by the grids alone, other factors are considered by SSA, such as mental impairments, postural, manipulative, communicative and environmental limitations, as well as side effects from medication, pain, and fatigue levels. In cases such as these, vocational testimony is vital in order to determine whether someone can adjust to other work. If you cannot adjust to other work, you will be found disabled by SSA and the process ends.

This is a brief summary of how the five step sequential evaluation process works. Because there are exceptions to this process, as well as slightly different rules for individuals already receiving benefits, it is advisable to consult an attorney who specializes in disability to help you understand this process better.

Written by Anna Westfall & edited by Paulette F. Balin

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What is Ticket to Work?

Most people who are receiving disability benefits do not wish to be in the situation they are in. Many disability and SSI recipients like to work and want to go back to work for a number of reasons, such as not receiving enough benefits to cover the rent, utility bills, food costs, etc. SSA’s program, Ticket to Work, can help those individuals do just that.

Introduced in 2001, and improved upon in 2008, the Ticket to Work Program allows disability and SSI recipients to re-enter the work force to obtain a good job, and possibly a new career, without jeopardizing their benefits. The program is free and voluntary for any disability and SSI recipients who wish to return to work, ages 18 to 64. So how does it work? SSA connects the disability recipient with either the Employment Network (EN) or his or her local Bureau of Vocational Rehabilitation (BVR).

EN agencies are under contract with SSA to work closely with individuals interested in going back to work. They will help the disability beneficiary identify their career goals and form a plan that highlights these goals, as well as what the agency will do to help that person achieve them. They provide career counseling, job placement, and ongoing support services. There are usually several different agencies for the beneficiary to choose from, and they have the right to talk to as many EN agencies as they wish before deciding to assign their ticket to the agency they want to work with. The beneficiary may also change his ticket to a different agency at any time. The agency MAXIMUS is currently contracted to serve as the Operations Support Manager of EN. For more information, call (866)968-7842.

The Bureau of Vocational Rehabilitation (BVR) is a state agency. If accepted into the program, the beneficiary works with BVR to form a plan which helps that person get ready to go back to work. Once the plan’s goals are met, the individual is then referred to EN or a similar agency for job placement and continued support. Most major cities have a BVR agency. To find the BVR agency nearest to you, visit http://www.chooseworkttw.net/resource/jsp/searchByState.jsp .

 Once the beneficiary has completed a program either through EN or BVR and achieves work and earnings goals set forth in their plan, SSA pays the provider for their services. Rather than being fees for services, however, these payments are compensation for assisting the beneficiaries in obtaining their goals.

While participating in Ticket to Work, the disability recipient is not subject to any medical reviews during that time to determine whether or not the recipient is still disabled. They continue to receive their benefits until their employment income is above the applicable earnings limit for the Supplemental Security Income or Social Security Disability Insurance program. However, this also varies from individual to individual. This is partially because it is possible to subtract certain amounts from your gross earnings by taking advantage of Social Security Work Incentives. For more information regarding work incentives, please visit www.ssa.gov/redbook.

Medicare and Medicaid are also not affected while a beneficiary is participating in Ticket to Work, as long as they are still receiving their cash benefits. Even after the beneficiary returns to work, it is possible to keep their insurance benefits. For Medicare, an individual may remain covered for up to 93 months after the Trial Work Period has ended. It is also possible to keep Medicare through Work Incentives. Medicaid can also be maintained through Work Incentives. An individual may also have the option of participating in a Medicaid Buy-In Program, depending on whether state in which the individual lives offers the program. This allows the individual to keep Medicaid by paying a monthly premium, provided that other requirements set by the state are met.

Sometimes after people go back to work, they find their disabilities are still getting in the way and they have to stop work again. Instead of filing a new application, these individuals can request the reinstatement of benefits up to five years after going back to work. In the Work Incentives program, this is called Expedited Reinstatement. SSA will then pay the individual provisional benefits for up to six months while they determine whether or not that individual can get benefits again.

The decision to go back to work can be tough for a disabled person. The pro’s and con’s must be weighed carefully and, if possible, discussed with an attorney who is well-versed in Social Security rules and regulations to determine whether it is the right choice.

 Written by Anna Westfall

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