Here are some things you should discuss:

• Let your doctor know that you are applying for Social Security disability benefits.
• Ask your doctor if he or she feels that you are disabled? Does your doctor think you would be able to do some type of full-time work?
• Is the doctor willing to write a statement to Social Security, or fill out a form from your lawyer, about your limitations?
• Even if not, ask your doctor would be willing to help out in some other way. The doctor may have a suggestion that might help your case.

Keep in mind that depending on your age you may not need to prove that you cannot perform any kind of work to qualify for Social Security disability benefits. That can definitely work to your advantage! Even if your doctor thinks you can still do some type of work, or part time work, it may be worthwhile to get a supporting statement from the doctor.

However, it all depends on which age group you fall into. Your lawyer can help you figure that out.

Sometimes however, your doctor may tell you:

I do not believe in Social Security disability.

I don’t think anyone is disabled.

You look fine to me.

Even if you don’t get the answer you want to hear when you talk to your doctor,  it is still valuable to know if your doctor does not believe in you or your disability. If you get one of these answers, it may be time to find a new doctor.

But, you will not know if your doctor will support you, or not, unless you  have this discussion. So, get to it and start talking!

Under Social Security regulations low birth weight babies may qualify for Social Security disability (Supplemental Security Income – SSI) benefits.

It is important to note that Social Security does not specifically consider whether the child is premature or not. Social Security considers the birth weight of the child:

“Low birth weight” is defined as a birth weight under 1,200 grams (2 pounds 10 ounces) or under 2,000 grams and small for gestational age.

Social Security does provide SSI disability benefits to certain low birth weight infants, whether or not they are premature. A child who weighs less than 1200 grams (about 2 pounds, 10 ounces) at birth can qualify for SSI on the basis of low birth weight, if otherwise eligible. A child who weighs between 1200 and 2000 grams at birth (about 4 pounds 6 ounces) AND who is considered small for his or her gestational age may also qualify. For this second category of low birth weight infants, the following chart shows the gestational age at birth and corresponding birth weight that satisfies our “small for gestational age” criterion.

However, even newborns over 1,200 grams may qualify for SSI depending on their gestational age. LIsted below are the gestational ages and birth weights that may qualify a child for Supplemental Security Income benefits (re-formated from the Social Security website for easier viewing:

37-40 weeks — Less than 2000 grams (4 pounds, 6 ounces)

36 weeks — 1875 grams or less (4 pounds, 2 ounces)

35 weeks — 1700 grams or less (3 pounds, 12 ounces)

34 weeks — 1500 grams or less (3 pounds, 5 ounces)

33 weeks — 1325 grams or less (2 pounds, 15 ounces)

For more information, check out the Social Security FAQ.

Yes. Under some circumstances, Social Security can immediately start Social Security disability benefits, and continue to pay benefits for up to six months, while the state agency component of Social Security makes a formal decision of whether the child is disabled. These are called “Presumptive Disability” cases.

Basically, Social Security is saying that the child is probably disabled, and as such will pay benefits, while it reviews the case to confirm the presumed disability.

Here are the conditions that may qualify:

• HIV infection;
• Total blindness;
• Total deafness;
• Cerebral palsy;
• Down syndrome;
• Muscular dystrophy;
• Severe mental retardation (child age 7 or older); and
• Birth weight below 2 pounds, 10 ounces.

According to Social Security (POMS DI 11055.230):

The presumptive disability/blindness payments end the earliest of:

• The month in which the Disability Determination Services (DDS) makes a formal finding on whether the claimant is disabled or blind;
• The month for which the claimant is paid the sixth monthly payment based on PD or PB; or
• The month in which the claimant no longer meets one of the other eligibility requirements for SSI (e.g., excess income/resources).

If the Social Security state agency decides that the condition is not severe enough for SSI, you do not have to pay the money back. And that is very good news.

However, (you knew there had to be a however, didn’t you?) payments on presumptive disability cases CAN be considered overpayments (which a parent/guardian may have to pay back) if:

• The claim is disallowed due to ineligibility based on non-medical factors; or
• Social Security subsequently determine that it computed the amount of payment in error.

Or, put in English, if the child is later denied for non-medical reason (for example, if the household makes too much money or has too much in assets) or if Social Security got the benefit amount wrong.

See Social Security publication for a general overview. See  DI 11055.230 Presumptive Disability (PD) and Presumptive Blindness (PB) Provisions for more information about the overpayment issue.

If you are looking at your Social Security exhibit file and you notice that all the exhibits are numbered with a letter in front, such as “B1A, B2A, B1B, B2B,” etc, this means that you are looking at the “B” file — a file for the second application for Social Security disability benefits.

In other words, the first time you file for benefits, Social Security creates an “A” file. Since this may be the only file you ever have, it is not referred to as the “A” file.  However, if you file a second application, the second file becomes the “B” file. The third application becomes part of the “C” file, and so on.

These letters are just a way to distinguish the file and quickly tell whether a file is an earlier file or a later file.

Note: this system does not always work. I have had clients with 5 or more applications and their file had either no letter or it may have only been the “B” file. So, the absence of a letter does not mean there isn’t a prior file, but if there is a letter, then there definitely is a prior file.

So, do you want it and how do you get it?

If there is Social Security information out there, I generally want it. There are exceptions of course. I do not necessarily want a file from 10 years ago, but a file that is only 2 years old may have some valuable evidence in it. It all comes down to the specific circumstances of the case. Sometimes a client tells me that a prior Social Security examiner gave the client a favorable report, or a prior hearing denial said the client was limited to light work and since the client is now 55 year old, that by itself my let the client be approved. Then, absolutely, I want to get my hands on that file!

This usually just means asking for it. I do this by addressing a request, a letter really, to the judge or the judge’s office. I request that the prior file be made available, or requested (if it is in storage) and I state my reasons for why the file may be important in the current case. I have never seen a judge refuse this request.

Then, follow up to make sure the file has been received, and either request a copy of the file on CD or schedule time to make a copy of the file the ODAR (Office of Disability Adjudication and Review) office.

My previous article discussed how Social Security makes it easier for people over 50 years old to receive disability benefits, even if they can still perform some kind of work.

I am 49 years old! I am about to turn 50. Isn’t that close enough?

It might be. If you are within a few months of an age when the Social Security rules change (50, 55, 60),  you might have a “borderline age” case.

Using the example above, if you are 49 years old and within a few months of your 50th birthday,  Social Security may apply the rules for 50-year-olds to your case. This might make the difference between being approved Social Security disability benefits, and being denied!

However, you need to be aware of the borderline age issue and bring it up to Social Security, or to the judge, if you are at the hearing level.

As part of my series on how to prove you are disabled and eligible for Social Security disability benefits, my latest article, “Winning Social Security Disability Benefits After Age 50” is now on Dallas Texas Social Security disability attorney Bob Kraft’s P.I.S.S.D. (Personal Injury Social Security Disability) website.

Click the link and check it out!

If you are between 18 years old and 50 years old, you are in the most difficult age range to get Social Security benefits.

Before you turn 18, Social Security uses the “child” standard for disability evaluations.

After you turn 18, though, Social Security uses the “adult” standard. You have to show that you are unable to do any type of work which exists in substantial numbers in the national economy. That bit of legalese basically means that you have to show that you can’t do any kind of work anywhere, anyhow so long as it is a substantial gainful activity (SGA).

Social Security can deny your benefits if you are able to perform work at any exertional level.

Some attorneys do not want such a case such where an individual is less than 50 years old. However it is possible to win a Social Security disability case if you’re under 50.  It is just harder, and the attorney has to work for it. But after all, that is why you are hiring a lawyer in the first place.

Now that I know the critical dates and the medical history I review the work history. Social Security reviews cases using the 5 step sequential evaluation process. At step 4, if you are still able to do any of the jobs you performed in the last 15 years before you became disabled, you can be denied benefits. There are a couple more wrinkles to this, such as the job has to be a substantial gainful activity, but the general idea is that if you can still do a job your over the last 15 years, you can be denied.

I often start with the “Disability History – Work Report” and the “Work Background Report.” These are forms you filled out for Social Security describing the type of work you did.

There may be jobs here that you have forgotten about and these documents may provide the beginning and ending dates for the various jobs.

However, you also have to check the earnings reports:

These provide your earnings reported by your employers and are another way to make sure you have not forgotten about a job. There have also been several instances where my clients and I found that someone in another state was using their Social Security number to work because those earnings were also showing up in these reports. Going over each employer is a way of making sure that you have not forgotten any work. This goes a long way to avoiding any surprises at your hearing.

The last report also describes any unemployment benefits you received. Read the linked article for more information about how unemployment can affect your case.

What’s the next thing to review in the Social Security exhibit file after the medical records?Check these critical dates: Alleged Onset Date (AOD) & Date Last Insured (DLI)!

The E section usually contains for two documents that provide this information:

• “Disability Report – Field Office”
• “Disability Report – Appeal”

These reports also tells you whether Social Security thinks there should be a later (or earlier) alleged onset date and Social Security also discussed whether work after the alleged onset day was an unsuccessful work activity or not a substantial gainful activity.

I have been in a number of hearings where being able to point out that Social Security previously noted a claimant’s past work as an unsuccessful work attempt made all the difference.

One of my colleagues in the fight to help disabled individuals get their Social Security disability benefits, attorney Johnathon Ginsberg, tackles whether you have to submit unfavorable medical evidence to Social Security.

I see this frequently in cases where there was a workers’ compensation case. “Company doctors” often minimize symptoms and generate records indicating that a claimant has the capacity to return to work. Other times I see unhelpful records in cases where my client just did not “click” with his or her physician or psychiatrist.

…

I do not believe that a claimant or a claimants attorney has any obligation to submit unhelpful medical records.   This issue periodically comes up on listservs that go to claimants lawyers and the general consensus among most attorneys seems to be that an attorneys obligation is to represent his clients zealously, meaning that there is no affirmative burden for that lawyer to submit unhelpful information.  I do know some lawyers, however, who take the opposite position, but it appears to me that they are in the minority.

Even Social Security judges encourage attorneys not to submit every scrap of paper when representing a claimant on a Social Security case. I have attended continuing legal education programs where administrative law judges suggest that attorneys do not submit evidence if it is not relevant.

But there is a crucial difference between not submitting irrelevant evidence,  and not submitting unfavorable evidence.

If you are disabled because of a back problem, medical records discussing your asthma, mammogram studies, or toe fungus, are probably not relevant and will only clog up your Social Security file, and make it harder to find the relevant evidence.

However, holding back relevant, but unfavorable, evidence can get you into trouble. Attorneys have an ethical duty of candor to the tribunal, which basically means we have to be honest with the judge.  Social Security cases are not adversarial proceedings: there is no attorney for Social Security on the other side to balance a claimant’s attorney’s “zealous advocacy.”  It is just you, your attorney, and the judge working together to try to figure out whether you are disabled.

Beyond the ethical issues, the simple truth is you rarely have everything you need in a Social Security case. You may have all of the available evidence, but the doctor may be unwilling to fill out a statement of limitations, or you cannot afford to have an MRI, CT scan,  or other tests done that would shed light on the case.  There is almost always an element of interpolating a person’s limitations from the limited evidence available.

So what happens if the judge thinks the attorney is holding back on  relevant evidence? The judge may be less likely to make a favorable inference  about your disability.

But, how does it help my case if the attorney  submits unfavorable evidence?

Believe me, I have seen it all: records which say that my client is  faking, drug seeking, a malingerer, a liar.   Things that I do not believe about my client  and I did not want the judge to see. However, I will still submit those records to help my client’s case.

In law school, they teach the theory of, “embrace the thorns.”  You cannot hide from bad evidence.  Because if you try to, and the judge finds the evidence later, it becomes a “smoking gun.”

Present the unfavorable evidence outright and explain it.

If I submit the evidence that says that my client is a liar, I diffuse its power. I can explain it. I can explain the context in which that statement was made. And I can provide an argument why the judge should not accept the doctor’s opinion.

Let’s talk a little bit about what evidence may be relevant. This is not a simple question and there are no absolutes in this. Even when the records of a primary care provider are not strictly relevant, I usually submit all the primary’s records because Social Security expects if your condition is disabling, you will at least mention your disability to your primary care doctor. If your primary care doctor’s records have no discussion of your disability, that in itself may be relevant!

Of course, there are exceptions: a primary care provider may completely hand-off your pain management to a specialist. In that case, the fact that the primary care provider’s medical records make no mention of ongoing pain may not be relevant. It all depends on the individual circumstances of each case.

via Are Claimants Required to Submit Unhelpful Medical Records.

Let’s say you are reviewing your Social Security exhibit file before your disability hearing and you discover that some of your doctor’s (or other records) are not there. I have mentioned before that it is not unusual for the medical records in a Social Security file to be a year or more out of date.

What can you do if the records are not complete?

You can ask Social Security to update the records. If you do not have a lawyer Social Security has a higher responsibility to make sure that your hearing is fair, which includes helping you obtain sufficient records to review your case.

Be clear with your request. If you are missing records from a particular doctor, say,

Dr. Smith’s records are missing. Dr. Smith treated me for my back problem from 2001 to 2009 and performed my back surgery. Can Social Security request these records.

If Social Security only has a partial set of records, tell them:

I see you have Dr. Jones records from April 4, 2006 through September 2008, but you are missing her records after September 2008. These records are important because …. Can Social Security request these records?

It is important to tell Social Security why the missing records are important. Social Security does not require every single piece of medical evidence to decide your case. If you want Social Security to get your records, help them understand why those records are critical.

There’s one more thing: even though Social Security has an greater obligation to unrepresented claimant’s (that’s you), it is not Social Security’s duty to obtain evidence. You have the duty to provide evidence to prove your disability.

So, don’t go demanding that Social Security get this or get that, or get all your records for the last 30 years. It won’t get you anywhere.

Be respectful, explain why the records are critical in a fair evaluation of your case and ask for help.

How do you begin to review your Social Security exhibit file? Here is a quick guide to finding the really important parts.

Start with the “F” section to review the medical records.

If you do not review anything else in the file, you need to know what medical records are there (and what records are missing).

Here is what I look for:

• Are all the doctors and hospitals listed? If the doctor or hospital is not listed, it is a safe bet that those records are not in the file. There are some exceptions to this. Occasionally, records are commingled, with more than one doctor’s records in one exhibit, but that is usually straightened out as the Office of Disability Adjudication and Review (ODAR) gets your exhibit file ready for the hearing.
• Are all all the dates of service complete? In the image above the records cover August 19, 2003 through November 13, 2003. If you know you treated with that doctor in 2004, you know the records are not complete.
• Do the number of pages look right? If you were treating with the same doctor for years and years, but Social Security only shows 12 pages, the records are probably not complete.

Then, start to review the actual records. While a review of the exhibit list can help you quickly spot missing records or other problems, you really have to examine the records to find out what Social Security has (and what might be missing).

The F section of the file also has all the reports from any doctors Social Security sent you to. If you want to see what the consultative examiner had to say, now is your chance to find out!

You will also find the forms from the Social Security technicians describing what limitations they think you have. Social Security often uses this information in deciding your case, so you need to know what they are saying.

Just before your Social Security hearing, you will be given a cd and pointed at a computer. If you ask, someone may help you load up the disk and get you to a screen that looks like this:

Ok, now what?

What is all this stuff and what do I do with it?

Social Security uses electronic case files. The image above is the “Exhibit List Index” which may automatically come up when you insert the disk into the computer (if it does not, you may have to browse to your cd and double click “index.html” If in doubt, just ask your kids.

The Exhibit List Index is a “table of contents” for the documents in the file.

In the above image, you can see there are 4 exhibits in the “B” part of the file.  The first one, 1B is a request for hearing and that document is 5 pages long. By clicking on any link (blue underlined text) you will be taken to that exhibit.

I know how to move around in the exhibit file, but I don’t know what I am looking at!

Ok. The file is divided into different sections, labeled A through F. Here is what you can find inside each section.

• Section “A” contains the transmittal sheets, which provide a quick overview of your case. These are pretty cryptic if you are not familiar with them. However, they do provide one critical piece of information: right at the top to the left of your Social Security Number there is a block for your “Filing Date.”  This is your Protected Filing Date.
• Section “B” covers the decisions on the case, or more importantly the denials. If you need to find the official documents in the case (denials, requests for hearing, fee agreements, appointment of representative forms, notice of hearings etc) this is where they are.
• Section “D” covers most of the forms that your filled out for Social Security and the non-medical evidence. This includes all the forms Social Security has you fill out, and your earnings records. This also includes school records such as grades, IEPs, 504 plans, teacher questionnaires, and all other school records.
• Section “F” has all of the medical records in your case. This includes the reports of the doctors Social Security sent you to (you really need to review this) and the reports from any technicians who completed forms describing what you can and cannot do.

What do you do with all of this … stuff? Well, you read it. Personally, I like to do a cover-to-cover review of the file.

However, if you have never read a file before, you may give up before you get to the critical stuff (like the medical records all the way in the back of the file). My next series of articles will deal with how to review a Social Security exhibit file.

Keep in mind that there are some regional differences in how Social Security organizes the files. I have seen files from other states that had records in different places. Some states try to speed up the processing of cases by putting all the medical records into just one “F” exhibit. You end up with just a single description, “1F Medical Records 608 pages.” This is fairly useless and requires going through the exhibit and figuring out exactly what records are there.

There is a new Social Security blog written by a 34 year veteran of the Social Security Administration.

One of his recent articles talks about the pros and cons of Social Security debit cards

… paying benefits digitally rather than by paper is a big savings to SSA. It cost about $1.00 to mail a paper check and only 10 to 12 cents to do it by automated transfer. With the 500,000 people already signed up for the debit card, it is saving the SSA about $440,000 each month. And SSA needs every one of those dollars!

So far so good. A more efficient Social Security benefits everyone. However, there are costs associated with using the debit cards. Click through to Social Security Debit Cards | Social Security Insider Secrets for the details.

I was asked to address some of the issues parents should consider when deciding whether to start an application for Social Security disability benefits (typically children’s Supplemental Security Income – SSI – benefits) for their disabled child.

Many parents worry that if their child receives Social Security disability benefits, they will be labeled as “disabled,” and carry that for the rest of their lives. Even beyond being on disability, the child may be diagnosed with a socially stigmatizing condition such as mental retardation.

I want my child to have a normal life.  I want my child to overcome this. Will being “disabled” make my child stop trying?

I believe that disability can largely remain a private matter. It is possible for a child to be on Social Security disability benefits and not have other students, their parents, or even the school know. Of course, this depends on the nature of the disability and medical practicalities. In many cases, the school should be aware of disabling medical conditions to allow the child to have access to medications at school and to let the school take appropriate action in case of a medical emergency. Also, you may want the school to know so an appropriate Individualized Educational Plan (IEP) or 504 Plan can be put into place.

Parents should consider what receiving Social Security benefits might provide and weigh that against the potential negatives. Children’s Social Security benefits usually consist of a monthly benefit amount plus Medicaid benefits. Medical benefits provided by Medicaid are often the main reasons parents apply for their children. Medicaid helps many parents getting out of the local clinic, and opens new treatment possibilities such as seeing a specialist, and obtaining speech, occupational, physical, and cognitive therapies.

Ultimately, I believe it comes down to this, if you feel that the treatment options possible under Medicaid can help your child, it may be time to consider applying for Social Security benefits.

Working while applying for Social Security disability benefits is a topic I have previously discussed. However, reading that article, you might come to the conclusion that it is never a good idea to work if you are either on, or applying for Social Security benefits (including Supplemental Security Income – SSI benefits).

However, there are circumstances where trying to go back to work may help a individual’s case.

For adults, the closer you are to 18, the more likely it is that Social Security will expect you to be able to perform some type of a substantial gainful activity (SGA), typically full time work.

• If you are in your late teens or 20s, the issue often comes up of whether you are unable to work, or if you are just unwilling to work.
• If you have a spotty work history with minimal, or no earnings, Social Security may wonder if you are simply trying to get disability benefits to get a regular source of income.
• The same is true if your Social Security benefits would pay you the same  amount, or more, than what you have earned while working.

In any of these examples, you have a serious credibility problem!

Don’t get me wrong, the specific circumstances of your case may explain the your work history or minimal earnings. But, keep in mind that Social Security’s first impression of your case may not be good.

When the issue arises of whether an individual is unable to work (and may qualify for disability benefits) or simply unwilling to work (and should be denied), it may be worthwhile to show Social Security your determination to try to work.

Periods of unsuccessful employment or working with an agency such as Vocational Rehabilitation, or Goodwill Industries, can go a long way to showing Social Security that you are willing to work and that you would be working except for your disabilities. Of course, an individual has to make a good faith attempt to try to work.

This is not without risk. Keep in mind that all of the concerns mentioned in the prior article still apply. I have seen judges use a job search as evidence that the individual is able to work (”why would someone be looking for work if they could not work”) and deny the case.

Also, if the job continues at a SGA level for 6 months or longer, it may mean having to drop the Social Security claim, or change it to a closed period of disability.

Today’s guest article is contributed by Meredith Walker, who writes about the masters in public health. She welcomes your feedback at “MeredithWalker1983 at gmail.com” Enjoy the article and please make her feel welcome!

Complex partial seizures are epileptic seizures that affect one particular region of the brain. These seizures do not usually cause a tonic seizure more commonly associated with epilepsy, but instead affect thoughts and behavior.

Sufferers may go undiagnosed or misunderstood as this type of seizure is often not recognized as a physical disability and thought, instead, to be a mental disorder. Even when diagnosed, those with complex partial seizures may feel isolated as this invisible disability may not be recognized. The good news is that these types of seizures are often well-controlled by medication.

Here are seven facts to help you better understand complex partial seizures.

1. No control, no memory. During a complex partial seizure, a person cannot interact normally with others because she is not in control of her body. After the seizure, the person probably will not remember what happened during the seizure.
2. Not all seizures look the same. A person having a complex partial seizure may look like they are continuing with their activities or pursuing rather normal activities. Other people having this type of seizure may act strangely, crying, screaming, repeating the same words, or taking off their clothes.
3. What it looks like. When observing someone going into a seizure, it may appear that she is staring into space, but may then begin to engage in activities.
4. Early warning. Some people with complex partial seizures get early warning signals such as a visual aura, an odd sensation of fear or déjà vu, or a sensation of tingling or numbness. For others, however, the seizures can onset very rapidly with no warning.
5. Duration. These seizures can last from 30 seconds to several minutes. Many people are disoriented or sleepy and may not feel normal again for many hours.
6. Causes. Complex partial seizures may be caused by any number of factors. Commonly, brain injury, illness that affects the brain, or stroke can cause these seizures. There is also some evidence that children who experience prolonged or frequent febrile seizures are at greater risk for complex partial seizures.
7. Helping someone having a complex partial seizure. Stay with that person until the seizure has passed. Try to guide the person to sit quietly. Do not use force unless he is acting dangerously to himself or others or may be putting himself at risk.  Remove any objects from the area that may be dangerous.

I was recently asked if you need a functional capacity evaluation (FCE) in a Social Security disability case.

No, but it really helps if you can get one.

As I previously wrote, it is vital to get a statement from your doctor about your abilities and limitations in the workplace. This is sometimes called a medical source statement, medical opinion, or a statement of your residual functional capacity.

Normally, this medical opinion is just your doctor’s “best guess” of what you can and cannot do.  I don’t want to put this down. A doctor who knows your condition, and who knows you, can make a very good guess about how the conditions affects you and how it would affect you in the workplace.

However, a functional capacity evaluation objectively tests what you can and cannot do. A typical FCE will take 4 to 6 hours to test what you can do. You will be tired and quite possibly sore after it is done. However, this is often the very best evidence of your abilities and limitations.

Social Security already sent me to a doctor who had me bend and stretch. Is that the same thing?

No. You may have been sent for a consultative examination. However, that is a much shorter test. The consultative examiner may watch you walk and have you bend this way and that. From this minimal information, extrapolates (makes a best guess) of your abilities and limitations.

If that leaves you furrowing your brow wondering how that tells what you can and can’t do? Your right, it doesn’t.

Unfortunately, Social Security will not send you for a functional capacity evaluation. If you want one, you will have to obtain it on your own (or with the help of your lawyer).

Why aren’t FCE’s performed in every Social Security disability case?

The problem is cost. A functional capacity evaluation will cost anywhere between $350 and $900 (depending on the therapist performing the evaluation and your location). In Pueblo Colorado, I see FCE’s running about $500. In Denver, the cost is closer to $850.

If you can have an FCE performed, that is great. I encourage you to do it. However, if you cannot afford an FCE, don’t give up hope! The majority of my clients cannot afford an FCE. I still find ways of building their cases.

If you hire a lawyer on a Social Security case after today, you may be surprised to learn that the maximum fees are $6,000.

I thought the most a lawyer can charge in a Social Security case was $5,300?  That’s what the attorney who helped my cousin said.

Don’t worry, no one is trying to pull a fast one. Social Security has just increased the fee cap (for the first time since 2002).

I have to pay $6,000 to hire an attorney?!?

No, the $6,000 amount is the cap on attorney fees. In most fee agreements:

1. You only pay fees if you win (contingency fee agreement).
2. If you win, you pay 25% of the back benefits owed to your or your family; or
3. the maximum amount, $6,000 as of June 22, 2009.

So, you only pay if you win and then only 25% or $6,000, whichever is less.

Many people have asked who is eligible for a service dog?

Guiding Eyes is a regional program and participants and has the following requirements:

• Child must be 2-10 years old.
• Child must have an autism diagnosis.
• Child must live within 2 hours of the Training School in Yorktown Heights.
• All family members must be open to a service dog in the home.
• No one in the home can be afraid of or allergic to dogs.
• Child must need the service dog for safety.
• The family must understand that an autism service dog represents a lifetime commitment.
• One or both parents must be able to spend five days and four consecutive nights at our Yorktown campus.
• Applications for this program are available only by phoning 914-243-2228 or emailing heelingautism@guidingeyes.org. 

4PawsforAbility has the following requirements:

• No age requirements
• Two responsible adults (including 1 parent) must attend training.
• Cost of training is obtained through fundraising in cooperation with 4PawsforAbility.org.

Do you have a service animal? What organization did you use and what were your experiences.  Tell us in the comments.