Social Security Disability Blog

Both of these clients present unique challenges and can cost an approval where the medical documentation supports a finding of disabled. The Superman Claimant is the Claimant that has a wide array of problems wrong with them but gets into the hearing and instead of testifying like he was doing during preparation has all of a sudden found the ability to do anything and everything, for example, the judge will ask can you walk for 2 hours at a time and although in his medical records and all the way through preparation he can only walk for 15 minutes at a time can now do this and anything else the judge asks. These hearings usually end with the Claimant thrilled about his or her performance telling the representative about how well they thing they have done and I would respond expletive for a job interview. The next is the Claimant who all of a sudden can not get out of the bed but somehow made it for their hearing and nothing in the medical records support that the Claimant can not do

Social Security defines an unsuccessful work attempt (UWA) as: "A UWA is an effort to do work in employment or self-employment that discontinues or reduces to the non-Substantial Gainful Activity (SGA) level after a short time (no more than 6 months) because of the impa irment or the removal of special conditions related to the impairment that are essential to the further performance of work. Work performed during a UWA does not prevent a finding of disability. " First many Claimants tend to have a spotty job history prior to filing because they are doing everything they can to not file.  So if a Claimant has two four month stints of employment separated by time prior to filing the onset date should be set back prior to those work attempts in an attempt to maximize the Claimant's back pay. Same scenario but Claimant performs these jobs after filing and before his hearing arguing a UWA might make the difference b

The answer is yes for both SSI and SSDI. For SSI benefits start accruing the first full month after your alleged onset date. For SSDI there is a 5 month waiting period as of this writing for benefits to start accruing while your application is pending. There are various bills pending in Congress as of the writing of this blog to waive the five month waiting period and there is hop that this will pass and become law around the Summer of 2020. Please write and call your Congressmen as this would be extremely beneficial to those in need of benefits. Not working takes an extreme toll on individuals as well as families as the time to get approved on average is 2 years with many waiting much longer. Hire someone who knows the process. I am a Partner of Disability Advantage Group and if you need help feel free to call 865-566-0800. Jason Baril Disability Advantage Group 865-566-0800

Many times people have to wait two to three years before getting approved for Social Security Disability. This creates an extreme financial problem for many families and individuals. Sometimes people have to make choices like not paying a bill or not getting a prescription if they can’t afford it which can lead to additional problems. In some circumstances there are other alternatives that people have never heard of. One is discount prescription cards. These cards can save as much as 80% for those on prescriptions and best of all these programs are free.  The one we like the best is the National Drug Card. This card also has a pet savings card as well as the Health Care Savings Club Card. In my opinion it is the best one available and I am including a link here: https://nationaldrugcard.com/ndc3275 This card can be used in digital form or you can print it out. I hope some find this useful. Jason Baril Partner Disability Advantage Group 865-566-0800

1. Hire someone who has dealt with SSA on a frequent basis to be your Representative. A Representative will not cost a dime unless they win in most instances. Representatives know how to win cases and they know how Claimants can lose their case. Hire the representative early and if one has not filed yet find a Rep who will file the application. It is important to put ALL conditions and symptoms  as well as any medicine and resulting side effects from those conditions in your application and state them accurately. We are telling DDS workers and in a lot of cases eventually a judge a story about one’s health. A consistent story is key and an Attorney will help develop this early on. I would love for everyone to call our office at 865-566-0800, we have won thousands of cases just this year across the country.  I realize we may not be a fit for everyone and that’s okay but hire someone the risks are to high not to. 2. Seek consistent medical treatment and tell doctors symptoms from medic

The   first   phase once  the   application   is filed   is   called   the   initial   phase.   At   this phase   about   25%   of   cases   that  are filed will  get   paid.   The   process   takes   6/9  months   from   filing   and   the   average back pay is  about  5600 hundred bucks and the claimant will receive a monthly check there after so long as the approval is more than five months from his or her onset date of being disabled. Sometimes a DDS worker will move the Claimant’s onset date past the filing date. Reasons for this can run the spectrum. Two reasons we see a lot are a significant health event or something known as the grid rules. For now, grid rules make the requirements of becoming disabled much less stringent at certain ages generally around 50 if the persons exertion level of their past relevant work is above the sedentary exertion level. It is always important to be honest but classify your work and what you did but on your application focus on the higher ex

1. Collecting unemployment while applying for SSDI? Judges love to get Claimants on this. Unemployment means your looking for work and you can’t find any work. SSDI is there can be a million jobs but I can not do them because of my physical and mental condition. Judges hate when people want their cake and want to eat it too. The first two statements can never be true together it’s impossible. Now if it was a pharmaceutical company or an insurance company making these statements they would have a better shot of getting the judge to buy such a ridiculous statement. Why? I’ve thought about it long and hard and I think a lot of judges come from defense firms and they take their arguments and augmented reality to the bench with them. My Grandad told me many times that the word justice should be replaced with the word law on the courthouse. It took me a couple years of practicing law to understand what he meant, unfortunately like usual he was right. 2. A Supportive Medical Source Stat

As of this writing if you are approved for Social Security Disability Insurance there is a mandatory two year wait from the onset date that the person is deemed disabled. Onset date is the first date that the Administration deems the person could no longer engage in Substantial Gainful Activity or in other words is making less than 1000 dollars a month and working under 20 hours per week unless the employer is making accommodations. As of this writing there are bills in the house to eliminate the 2 year waiting period as well as eliminating the 5 month waiting stood before benefits kick in. From a policy perspective both of these bills make sense. As to waiting to get insurance these individuals illnesses progress because they can not afford medical treatment thus when they get their Medicare it costs our Government many times more than if they would have treated them as soon as they were approved if they survive. Finally as to the five month waiting period, SSDI is not welfare the

Hi, I’m Jason Baril and I’ve been an attorney for almost 15 years. I’ve been responsible for and I have overseen over 25,000 disability cases in the last 5 years. In addition to that I have personally tried 1,500 cases. This blog is going to go into depth about various different hurdles, current events happening, and trends with Social Security Disability. I look forward to sharing my knowledge with anyone who is interested. Our firm’s website is www.socialsecuritylawcenter.info which also has a lot of information to help one along this journey. Thank you for taking the time to stop by and read my blog and I am hoping that everyone that stops by gets something to help them along their journey or a love ones journey. Jason Baril Disability Advantage Group 865-566-0800 This is me on the right, Whitney Kent in the middle and my business partner the  best partner I could ever ask  for and she is even a better person, Linda Betz.