“You WILL Get Through This!” 10 Inspirational Quotes For People Struggling with Disability

“When you focus on someone's disability you'll overlook their abilities, beauty and uniqueness. Once you learn to accept and love them for who they are, you subconsciously learn to love yourself unconditionally.”
-- Yvonne Pierre

“I am conscious of a soul-sense that lifts me above the narrow, cramping circumstances of my life. My physical limitations are forgotten- my world lies upward, the length and the breadth and the sweep of the heavens are mine!”
-- Helen Keller

“The worst disability in life is a bad attitude.”
-- SupaNova Slom

"It is a waste of time to be angry about my disability. One has to get on with life and I haven't done badly. People won't have time for you if you are always angry or complaining." –
-- Stephen Hawking

“The world has a fast-growing problematic disability, which forges bonds in families, causes people to communicate in direct and clear ways, cuts down meaningless social interaction, pushes people to the limit with learning about themselves, whilst making them work together to make a better world. It’s called Autism – and I can’t see anything wrong with it, can you? Boy I’m glad I also have this disability!”
-- Patrick Jasper Lee

“One's dignity may be assaulted, vandalized and cruelly mocked, but cannot be taken away unless it is surrendered.”
-- Michael J. Fox

“Just because a man lacks the use of his eyes doesn't mean he lacks vision.”
-- Stevie Wonder

"We know that equality of individual ability has never existed and never will, but we do insist that equality of opportunity still must be sought."
-- Franklin D. Roosevelt

“We, the one's who are challenged, need to be heard. To be seen not as a disability, but as a person who has, and will continue to bloom. To be seen not only as a handicap, but as a well intact human being.”
-- Robert M. Hensel

“Hold my hand and walk with me.

We must break the back of social inequity;

We must empower every individual with a disability

To live with dignity in an inclusive society.”

-- William E. Lightbourne

Compiled by Anna Westfall

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The Consequences of Failure to Follow Prescribed Treatment

If you are currently in the process of a Social Security disability claim, you probably understand how important it is to receive medical treatment and generate medical records for disability adjudicators to review. However, the truth is what is contained within those records is what’s really important.

According to SSR-82-59, the failure to follow treatment prescribed to you by your doctor could result in the prevention of benefits being payable to you, or cessation of benefits should you already be receiving them. The ruling states:

“Individuals with a disabling impairment which is amenable to treatment that could be expected to restore their ability to work must follow the prescribed treatment to be found under a disability, unless there is justifiable cause for the failure to follow such treatment.”

In order to identify a failure to follow treatment, all of the following conditions must exist:

1.       The evidence establishes  that the individual’s impairment precludes engaging in any substantial gainful activity (SGA) or, in the case of a disabled widow(er) that the impairment meets or equals the Listing of Impairments in Appendix 1 of Regulations No. 4 Subpart P; and

2.       The impairment has lasted or is expected to last for 12 continuous months from onset of disability or is expected to result in death; and

3.       Treatment which is clearly expected to restore capacity to engage in any SGA (or gainful activity, as appropriate) has been prescribed by a treating source, and

4.       The evidence of record discloses that there has been a refusal to follow prescribed treatment.

Once the “failure” is identified, SSA must then determine whether or not the failure is justifiable.

First, SSA must determine if the prescribed treatment was recommended by a physician who is actually attending to the claimant’s medical needs. In other words, this person cannot be a consultative examiner seen on one occasion. Hospitals, clinics or other medical facilities where the claimant goes for medical care are also considered treating sources.

Next, SSA must consider whether or not the prescribed treatment is expected to restore the claimant’s ability to go back to work. If it is not, then the issue of failure to follow prescribed treatment is dropped. However, if a treatment exists that SSA believes may restore the claimant’s ability to go back to work, but said treatment has not been prescribed by a treating source, SSA may refer that individual to Vocational Rehabilitation Services.

Once the issue of failure to follow prescribed treatment is identified, the claimant is then allowed an opportunity to explain the failure. The claimant should be asked if he or she understands the implications of the treatment prescribed, as well as the implications of failure to do so. The claimant should also be made aware by SSA the reason for this questioning and the possible consequences. 

Of course, a claimant could have very good reasons for not following prescribed treatment. Some justifiable reasons identified by SSA are as follows:

-          Acceptance of prescribed treatment would be contrary to the teachings and tenets of the claimant’s religion.

-          Cataract extraction for one eye is prescribed but the loss of visual efficiency in the other eye is severe and cannot be corrected through treatment.

-          Intense and unrelenting fear of surgery. However, SSA may require this be documented by the treating source who recommended the surgery.

-          The individual is unable to afford prescribed treatment which he or she is willing to accept, but for which free community resources are unavailable.

-          Any duly licensed treating medical source who has treated the claimant advises against the treatment prescribed for the currently disabling condition.

-          The claimant is presently unable to work because of a condition for which major surgery was performed with unsuccessful results, and additional major surgery is prescribed for the same impairment.

-          The treatment carries a high degree of risk because of the enormity or unusual nature of the procedure.

-          The treatment recommended involves amputation of an extremity.

The issue of failure to follow prescribed treatment is a complicated yet important one. Our blog covered only a few very important points. If you are in a position where you feel you might be under this type of scrutiny, it is advisable to seek the counsel of a disability attorney.

Written by Anna Westfall

Source: http://www.socialsecurity.gov/OP_Home/rulings/di/02/SSR82-59-di-02.html


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Utilize Your Resources! What You Can Do While Waiting for Disability

When a person becomes too disabled to work, he still needs a place to live and food to eat. While waiting for the disability adjudication process, saved funds can run out fast. So, if you can’t work, how else can a person survive? When tough times get tougher, there are a many resources in your community you can utilize.

What Can I Do About Food?

The most obvious answer is to apply for food stamps through your county’s Department of Job & Family Services, now known as SNAP (Supplemental Nutrition Assistance Program). However, there are also other programs that ODJFS touts on their website that are just as helpful and less well-known, such as the EBT Farmer’s Market Demonstration Project. This allows SNAP recipients access to fresh, locally-grown foods.

Food banks are also in abundance in most metropolitan areas.  They are typically run by local non-profit organizations or churches that operate off of donations and volunteering. In our area is the well-known Cleveland Food Bank. Since 1979, this organization had fed millions of families, and recently won an award from the organization Feeding America for outstanding SNAP outreach efforts.

How Can I Keep My Home?

Most metropolitan areas are also home to organizations that can help you keep your home. If you can no longer make your mortgage payment, there are organizations that will work as liaisons between you and your mortgage company to make your payments affordable. ESOP is an organization in the Cleveland area that specializes in helping people that are victims of predatory lending and cannot afford their mortgages.

If you rent, don’t be afraid to approach your landlord about your situation. He or she may be able to work something out with you, but if not, you can also turn to the U.S. Department of Housing and Urban Development (HUD) for assistance. A HUD counselor can help you find an apartment you can afford in subsidized or Section 8 Housing.

If your home has already been foreclosed or if you have been evicted from the residence you rented, there are organizations that will help you secure a new place to live. In Cleveland, Maximum Accessible Housing of Ohio (MAHO) specializes in helping disabled people find safe, affordable and clean housing.

What About Other Needs?

There are a countless number of charitable organizations who do various things. Perhaps you are unable to take your children on trips or participate in other fun activities with them. Non-profit organizations such as Open Doors Academy can provide fun, educational opportunities for your child as well as mentorship. 

Perhaps you need an outlet for your frustrations, but cannot afford to enjoy the hobbies that you love. Organizations such as Art Therapy Studio in Cleveland can give you that outlet as well as help you learn more about yourself.

Churches are wonderful places not only for food pantries, but other charitable drives as well. Don’t be shy about contacting your local church to see what programs they provide. They may run clothing drives, or toy drives at Christmastime so your children can still enjoy receiving gifts from Santa Claus.

Never Give Up!

While waiting for your disability claim to be processed, it is easy to become overwhelmed, frustrated, or depressed about your situation. Never give up! With a little bit of conviction and plenty of resources at your fingertips, you WILL get through this tough time.

At Paulette F. Balin & Associates, we will help put your mind at ease by dealing directing with SSA regarding your disability claim. We will make sure all of the pertinent medical evidence is received and that your claim flows as smoothly as possible for you. Call us today to see how we can help!

Written by Anna Westfall

Please note that Paulette F. Balin & Associates does not specifically endorse any of the organizations named in this blog. They are intended to be examples of the different types of help you may be able to receive.

What Are Family Benefits?

After you are awarded Social Security disability benefits, members of your family may also be eligible for payments. This includes children as well as your spouse. However, please be advised that this does not apply to SSI claims.

Benefits can be paid to your children as long as they are unmarried and:

-          Younger than 18

-          Between 18 and 19 years old, but still attending elementary or secondary school as full-time students ; or

-          Age 18 or older and severely disabled (the disability must have started prior to the age of 22)

Benefits may also be payable to children that are born or adopted into the family after a finding of disability has occurred. However, SSA must determine whether or not the child is eligible for benefits.

Your spouse may also be entitled to benefits if he or she fits the following criteria:

-          Age 62 or older; or

-          At any age he or she was caring for your child who is either younger than 16 or disabled and entitled to benefits on your record

The monthly benefit of which your family member would be entitled to is calculated from your monthly disability amount. Each qualified member would receive half of your monthly payment, but this amount is not to exceed 150 to 180 percent of your total monthly benefit.

“I heard my ex can claim disability off my account. Is this true?”

Yes. Many people are surprised when they learn their ex-spouse can claim disability benefits off their work record. In some situations, he or she can claim these benefits, even if the wage earner is not, but certain requirements must be met. The ex-spouse must:

-          Have been married to you at least 10 years;

-          Have been divorced at least two years;

-          Be at least 62 years of age;

-          Be unmarried and

-          Not eligible for an equal or higher benefit based on his or her own work or someone else’s work.

“What happens if I die while receiving benefits?

This issue is understandably of great concern to benefit recipients. In order for a family member to collect your benefits after you pass away, he or she must fit the same criteria outlined above, with one addition: a widow or widower can also collect your benefits if he or she is aged 50 or older and disabled.

 Typically, SSA requires a person to be married to the deceased benefit recipient for at least 9 months in order to qualify to receive those benefits. However, this usually does not apply if the death of the benefit recipient was deemed accidental.

Parents of a deceased disability claimant may also claim these funds if he or she was dependent on the deceased claimant for at least one half of their support.

Your ex-spouse can also still collect benefits after you pass away, but they must meet certain criteria as well. Benefit amounts paid to an ex-spouse does not affect the benefits being paid to other family members. Your ex-spouse can collect benefits after you pass if they are:

-          At least 60 years old (or 50 and disabled) and married to your for at least 10 years; or

-          Of any age if he or she is caring for a child who is eligible for benefits under your work record; and

-          Not be eligible for an equal or higher benefit amount based on his or her own work; and

-          Not currently married, unless the remarriage occurred after age 60 or after age 50 if disabled

Lastly, a one-time death benefit can be paid to your family if they qualify, in the amount of $255.00. People usually use this benefit to help cover the final expenses of the claimant.

Still Have Questions?

The financial aspect of disability benefits can be confusing and intimidating. If you have questions about your pending disability claim, or if you are considering applying for disability but have concerns about how it would affect your family, please call us. Our friendly and knowledgeable staff will put your mind at ease as we guide you through what is typically a difficult and emotional process.

Written by Anna Westfall & edited by Paulette F. Balin

 Source: ssa.gov

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The Importance of Your Alleged Onset Date (AOD)

The date that you became unable to work is one of the most important pieces of information you tell  SSA when you file a claim for disability. The date is of utmost importance, as Social Security will be looking at that date very carefully to determine why you chose it.

How Do You Choose an Onset Date?

You may use the last day you worked, or the day after, as the date you became too disabled to work, if you stopped working that job because of your disability. If you had an extreme medical emergency that kept you from returning to work, such as a heart attack or stroke, it would make sense to use the date the emergency medical event occurred.

Why Did You Choose That Date?

Be prepared to explain to SSA why you chose the date that you did. You may have to explain your rationale to different SSA staff, so keep in mind that each time you speak with someone it is notated in your file. If you tell Mr. Smith it was the last day you had a grand mal seizure, but then later tell Ms. Jones that you were laid off from your job that day, SSA will detect the inconsistency and that could damage your credibility.

What Happens If SSA Does Not Agree With That Date?

Sometimes SSA will make the determination that a person is, indeed, disabled, but on a different date than the AOD. For example, Mary claimed she became disabled on 1/10/12, the day she resigned from her job because she could no longer perform the work due to degenerative disc disease. However, upon review of Mary’s medical records, SSA sees a MRI of Mary’s back done on 11/1/12 that shows dramatic worsening of her condition, fitting SSA’s criteria of disability.

Therefore, SSA mails a decision to Mary informing her that she has been found disabled as of 11/1/12. Mary can either accept this decision, or appeal it in order to convince SSA that the date she became disabled was actually 1/10/12.

What If I Am Still Unsure of What Date to Chose?

If you are still hesitant in regards to what the best date is for you to chose, it helps to consult an experienced disability attorney who can help you pinpoint that time in your life that you became too disabled to work. Be sure to share your entire health and work history with this professional in order to get an accurate assessment. This way you can assure that SSA will be looking at the correct time frame and information connected with your claim for the best possible outcome.

Written by Anna Westfall and edited by Attorneys Andrew November & Paulette F. Balin

Still have questions? Please contact us today by clicking here. We are conveniently located in Cleveland, Akron, Canton, Ashtabula, Youngstown, Lorain, Mentor and Toledo to meet with you and address all of your disability concerns.

Disability Claims and Federal Court

Last time, we talked about what happens when you receive an unfavorable or partially favorable decision from an ALJ and the option to appeal to the Appeals Council. If, after a lengthy review, the AC still denies your claim, you have the option to appeal to Federal Court.

Like with any other disability or SSI appeal, you must file it within 60 days of the AC denial. This is accomplished by filing what is referred to as a complaint. This gives a brief summary of why you are appealing. It is then served to the government agency which you are suing, the Social Security Administration.

It is important to note that there is also a fee for filing a complaint with Federal Court. If you cannot afford the fee, you may request in writing to have it waived.

After your complaint is filed, an attorney who works for SSA will submit a response. This summarizes why SSA thinks your decision should be upheld. The Federal Court judge is then supplied with your complaint, SSA’s response, a transcript of your hearing and your exhibit file.

You will also be expected to submit a brief on your case, referred to as the Opening Brief. SSA will then file a Response Brief to argue against you. You may also file a Reply Brief to address issues brought up in SSA’s Response Brief.

If necessary, the Federal Court judge will request an Oral Argument. Here, no additional evidence is submitted and no testimony is given by the claimant. Instead, the claimant or his representative (if he has one) will argue the case in front of the judge.

Once all of the pertinent information is received and the oral argument is over, a Federal Court judge will then take approximately a year (sometimes longer) to decide your case. The reason why the wait is so lengthy is because not only do Federal Court judges look at disability complaints, but other types of cases as well.

The judge will decide the case one of three ways. Either he will remand the case back to SSA for further development and possibly another hearing, agree with SSA and deny your case, or agree with you and award your case.

Appealing to Federal Court is a complicated and lengthy process. It is yet another reason why having legal representation is a good idea. Disability attorneys who deal with Federal Court are well-versed in filing complaints and writing briefs. Your attorney will also make sure an important deadline is not missed.

However, not every disability attorney deals with Federal Court. This is another reason why Paulette F. Balin and Associates is a leader in winning disability claims. We are one of the very few disability firms in northeast Ohio who will take your claim all the way to Federal Court if need be.

Written by Anna Westfall and edited by Paulette F. Balin

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What Is Past Relevant Work?

Your Past Relevant Work (PRW) is defined by SSA as work that you have done within the past 15 years, that was substantial gainful activity (SGA), and that lasted long enough for you to learn to do it. It is considered in the fourth step of determining disability in the Five-Step Sequential Process. This blog will delve a little deeper into what exactly is considered PRW by SSA.

For example, Joe has been an auto mechanic for most of his working life and now suffers from disc herniations in his back. He was a mechanic for over 20 years and he earned over SGA each month that he worked.

When you apply for disability, SSA is very interested in your PRW and what you did all day. If you do have a job that lasted 15 years or more like Joe does, SSA will also want to know how much you crouched, crawled, stooped, handled large or small objects, how much you lifted, how often, whether you supervised others, etc. at this job.

In our example, Joe would answer that he crouched 4 out of 8 hours in an average work day, crawled one hour per day, stooped 6 out of 8 hours per day, handled small objects 7 out of 8 hours per day and lifted 50 pounds or more on a frequent basis. He did not supervise others. SSA would then consider this information in conjunction with Joe’s disabling conditions, which in his case is back pain.

SSA will then ask Joe questions about how he did his job and will also consider how the job is typically done in the national economy. If Joe is unable to perform the job the way he used to, but SSA determines that he is capable of doing the work the way it is typically performed in the national economy, Joe’s claim for disability will be turned down.

However, if SSA determines Joe cannot go back to his PRW as an auto mechanic because he cannot perform those same job duties in his current state of health, SSA then looks to see if there are other jobs Joe can do. They will look at what job skills he possesses to see whether he can adjust to other work. This is the fifth step of the Sequential Evaluation Process.

In this fifth step, SSA may argue that Joe has skills that can be transferred to sedentary work (a sit-down job), that does not involve standing all day or lifting anything heavier than a stapler. This is yet another reason why getting an attorney involved in your disability claim is a good idea. While SSA may say Joe can go to work as an office worker, Joe’s attorney will obtain the imaging studies of Joe’s back from the hospital and get additional statements from Joe’s doctor regarding the inability to sit 6 hours or more.

The Five-Step Sequential Evaluation Process can become very technical in a disability claim. Please contact our office for more information as far as how we can help you in this regard! You may also read more about the Five-Step Sequential Process here!

Written by Anna Westfall & edited by Paulette F. Balin and Andrew November

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