I previously wrote about the “Milo & Kate” demo for Kinect (at that time “Project Natal”) for the XBOX 360. The possibility of using a program like this for therapy seems obvious for teaching empathy or helping autistic individuals practice picking up on body language or facial cues.

Here is a recently released video from TED showing off the development in this software over the last year.

Frankly, the “gamey” elements are the most distracting part of the video. I don’t see the need for stars and points climbing up the screen when the draw is the interaction with a virtual character.

I was talking to a woman who was upset with her attorney. Her Social Security case had been denied at the hearing level. The Administrative Law Judge did not think she was disabled. With her attorney’s help, she appealed to the Social Security Appeals Council.

After months and months, her appeal was denied.  Even more than being denied, she was upset that her lawyer could not tell her why she had been denied.

We discussed that there is no way the attorney could know. When the Appeals Council denies an appeal, all you get is a form letter that says in part:

We found no reason under our rules to review the Administrative Law Judge’s decision. Therefore, we have denied your request for review.

No matter how many arguments your attorney put forward in the appeal, or how good they were, you do not get an explanation of why your appeal was denied. All you get is a form letter. It is a bit like getting a rejection letter from a publisher: you don’t know what they didn’t like about your story; you just know that it was rejected.

It is just as frustrating for the lawyer to not know why the appeal was rejected. What it comes down to, is that even your lawyer cannot tell you why the appeal was denied since Social Security does not tell us.

You have been denied disability benefits by an Administrative Law Judge at your Social Security hearing. You filed an appeal with the Social Security Appeals Council. If they approve the appeal, you can get your disability benefits? Right?

Probably not.

The Social Security Appeals Council generally looks at three things:

• Was there an error of law? Did the Judge apply the wrong standard, or misapply a standard?
• Were the Judge’s actions, findings and conclusions supported by substantial evidence?
• Is there as broad policy or procedural issue which may affect the general and public interest?

Of these three, the Appeals Council (AC) mostly deals with legal error.

Why am I discussing this? Because, even if there is legal error, that does not necessarily mean you are disabled. It only means there were mistakes at the hearing level; and that is not enough to win disability benefits.

So what do you get if you win at the Appeals Council?

The majority of the time, the Appeals Council will not approve a case outright. Instead, if there were significant mistakes at the hearing level, the Appeals Council will send the case back to the hearing level with instructions on what needs to be done to correct the mistakes.

You don’t win, you get sent back for another hearing. Here is the other shoe dropping: the second hearing is typically with the same judge that heard the case at the first hearing.

While you can request a new Judge, or ask the Judge to recuse him/herself if you feel that you were treated unfairly, you generally get the same judge when a case is remanded from the Appeals Council. The exceptions to this are as follows:

• If you had an out-of-state Judge at the first hearing who is not available for the second hearing. Or,
• If you have already appealed a decision from the same judge to the Appeals Council twice and had the same case remanded.

For more information about appealing to a hearing denial to the Social Security Appeals Council, click here.

Children of disabled parents, who receive Social Security Title 2 Disability Insurance Benefits (DIB), may be entitled to auxiliary benefits.  However, Social Security has a number of requirements:

(a) General. You are entitled to child’s benefits on the earnings record of an insured person who is entitled to old-age or disability benefits or who has died if—

(1) You are the insured person’s child, based upon a relationship described in §§404.355 through 404.359;

(2) You are dependent on the insured, as defined in §§404.360 through 404.365;

(3) You apply;

(4) You are unmarried; and

(5) You are under age 18; you are 18 years old or older and have a disability that began before you became 22 years old; or you are 18 years or older and qualify for benefits as a full-time student as described in §404.367.

I have previously written about auxiliary benefits for children, auxiliary benefits for legally adopted children, stepchildren & grandchildren, when children’s benefits end, when children’s benefits can be extended for full-time students, and other articles in this area. For all the articles on auxiliary benefits, click here.

“Dependency” requirement for Social Security Auxiliary benefits

Part (a)(2) states that the child has to be dependent on the insured. This is typically the disabled parent, but it can also be a step-parent, grand-parent, or adopted parent. Dependency does not always require financial support and requires different evidence depending on the relationship between the child and the insured (20 CRF 404.360): For example: A natural child is automatically considered dependent (20 CFR 404.361).

However, things get tricker for in cases of legally adopted children, step-children and grandchildren. Here are the regulations you need if you fall into one of these categories:

• §404.362 When a legally adopted child is dependent?
• §404.363 When a stepchild is dependent?
• §404.364 When is a grandchild or step-grandchild dependent?
• §404.365 When an equitably adopted child is dependent?

A reader asked if a child can still receive Social Security auxiliary benefits if she is living apart from the disabled parent:

If I have legal guardianship of my nephew and my sister is receiving SSDI. Can I apply to receive the benefits for his caretaking? My sister has been told that she could receive benefits for him, but unless she gets to keep it, she won’t apply for it, saying that the SS office told her it was only if he lived with her. Is that true or could I apply for him?

This is similar to a situation I wrote about concerning divorced parents. Children with disabled parents are still eligible for Social Security auxiliary benefits even if they are living apart from the disabled parent. Please note: the disabled parent has to be receiving Title 2: Disability Insurance Benefits (DIB). If the parent is receiving only Title 16: Supplemental Security Income (SSI), then there are no auxiliary benefits available.

The applicable regulation is 29 CFR 404.350 which describes when children are entitled to auxiliary benefits:

(a) General. You are entitled to child’s benefits on the earnings record of an insured person who is entitled to old-age or disability benefits or who has died if—

(1) You are the insured person’s child, based upon a relationship described in §§404.355 through 404.359;

(2) You are dependent on the insured, as defined in §§404.360 through 404.365;

(3) You apply;

(4) You are unmarried; and

(5) You are under age 18; you are 18 years old or older and have a disability that began before you became 22 years old; or you are 18 years or older and qualify for benefits as a full-time student as described in §404.367.

Basically, a child is entitled to auxiliary benefits if a parent is disabled or has died, if they are the parent’s natural child, adopted child, step child, or grand child, unmarried, under 18 (or a Disabled Adult Child) and dependent on the disabled parent.

There is no requirement that the child live with the disabled parent.

I just came across this amazing organization on Twitter. No Barriers USA is doing some amazing things to help individuals overcome their disabilities.

Penrose St Francis Hospital, one of the two major hospitals in Colorado Springs, sent me the following canned response to a (faxed) request for records for one of my clients.

Please note that the fax number you are sending your request to is for physician use only.

…

Medical records requests from law firms need to be mailed to our facility in order to be processed.

Penrose St Francis is refusing lawyers from faxing requests for medical records. Penrose St Francis has a fax number for requests. They even use an third party medical copying service for processing record requests (so, it is not like nurses have to take time out from helping patients to copy files). They just do not want lawyers using the fax line. If you are doctors’ office, fax away. However, lawyers representing disabled patients are prohibited.

How does this affect you as a patient and Social Security claimant? Longer wait times for records! It is already common to wait 30 days or longer for medical copiers to provide records (especially if the copier is out of state). Now, Penrose St Francis is adding delays in getting records to patients and their attorneys, thereby creating another delay in the Social Security system!

I previously wrote about how to replace a lost or stolen Social Security card. However, I am often asked who to report a lost or stolen Social Security card to.

Fortunately Social Security has a page on this very topic:

You can replace your Social Security card for free if it is lost or stolen. However, you may not need to get a replacement card. Knowing your Social Security number is what is important. Social Security does not take reports of lost or stolen Social Security cards or numbers. If you have lost your card, you may apply for a replacement but Social Security takes no action just because it has been lost or stolen.

However, a person using your card or number can get other personal information about you and apply for credit in your name. So if you suspect someone is using your number, you should take these steps to protect yourself and your financial health:

• Educate yourself about identity theft;
• File a complaint with the Federal Trade Commission(1-877-ID-THEFT or 1-877-438-4338);
• File an online complaint with the Internet Crime Complaint Center at http://www.ic3.gov;
• Check your Social Security records (call toll-free 1-800-772-1213; TTY 1-800-325-0778) to ensure your income is calculated correctly; and
• Monitor your credit reports.

For more information, see:

• Identity Theft And Your Social Security Number (Publication No. 05-10064); and
• The Federal Trade Commission’s identity theft web page.

Keep your Social Security card in a safe place with your other important papers. Do not carry it with you.

You are limited to three replacement cards in a year and 10 during your lifetime. Legal name changes and other exceptions do not count toward these limits. For example, changes in noncitizen status that require card updates may not count toward these limits. Also, you may not be affected by these limits if you can prove you need the card to prevent a significant hardship.

The FTC website provides additional information if you are the victim of identity theft, including how to file an identity theft police report, how to put a fraud alert on your credit report, and how to set up a credit freeze reducing the chances that someone can take out a line of credit based on your identity.

Children can often receive Social Security benefits if a parent is disabled or deceased. I have previously written about these kind of Social Security auxiliary and survivors benefits. However, there are times when proving paternity becomes an issue. Here are a couple of situations where this comes up:

• Parents separate and, the non-custodial father becomes disabled (potential auxiliary benefits based on a disabled parent).
• Common law marriages with a disabled husband or wife splitting with the father denying paternity (potential auxiliary benefits based on a disabled parent).
• Father dies (potential survivors benefits based on a deceased parent) but Social Security denies the claim because there is not enough evidence proving paternity.

Note: most of the examples deal with paternity. However, the same laws apply if there is a question  of who the mother is.

Also, I am focusing on resolving paternity without a court ordered DNA test or exhumation.

Social Security has regulations describing when a child is a “natural child” of the parent (full text below). Note: for adopted children, check out this article.

According to Social Security’s regulations, a child may be eligible to receive benefits from the insured if:

1. The child could inherit under intestacy laws of the state where the disputed parent had permanent residence. Intestacy laws are the state laws describing how property is distributed if an individual dies without a will. These laws often differ from state to state.
2. Mother and father went through a good faith marriage ceremony but there was some problem keeping the marriage from being legal.
3. The father acknowledged the child in writing as his child. For example: a will, a soldier’s application for an allotment, an insurance application, even in a letter. See Social Security Handbook Section 1709. See also POMS GN 00306.105.
4. A court has ordered that the individual is the parent. See POMS GN 00306.110.
5. A court has ordered that the individual has to pay support as the parent.
6. “Other evidence” supporting paternity. This can be any other evidence which shows who the child’s parent is. However, if you are relying on “other evidence” to prove paternity, you must also show that the disputed parent was either living with the child or contributing to the child’s support at the time the child applied for benefits. If the disputed parent has died,  the child must show the disputed parent was either living with the child or contributing to the child’s support when he or she died.

Keep in mind that these requirements all start off with, “you are the insured’s natural child.” If someone can disprove paternity, a plain reading of the regulations suggests that the child might not be eligible for any benefits (even if you could meet the other requirements).

The easiest way to prove paternity is if you have written acknowledgment of the child from the disputed parent or a court order. If you do not have either, things get much tougher. However, you may have “other evidence” of the disputed parent’s paternity. According to the Social Security Handbook Section 1712 (See also POMS GN 00306.125), this includes:

• Hospital, religious, or school records;
• A court order or decree that [does not meet all of the following requirements in §404.355(a)(3) but otherwise supports paternity].
• A statement from the attending physician, relative, or other person who knows the child’s relationship to you, including the basis for that knowledge; and
• Evidence that you and the child’s mother were living together at the time of the child’s conception.

These are just examples. “Other evidence” can be anything that shows paternity, including videos, birthday cards, even school registration or permission forms. Use your imagination here.

Ultimately though, you may have to contact a family law and/or probate attorney in the state of the disputed parents permanent residence (either at the time the application was filed – if the disputed parent is living, or at the time of the disputed parents death – if deceased) to determine the state intestacy laws.

For an idea of what you may be facing, take a look at Social Security’s list of state intestacy laws here (scroll half way down the page to the section titled “State Intestacy Laws”). Colorado’s intestacy laws are listed at POMS GN 00306.435. However, state laws are subject to change and the POMS may not have the most current version.

Here is the Social Security regulation re-formated for easier reading:

§404.355 Who is the insured’s natural child?

(a) Eligibility as a natural child. You may be eligible for benefits as the insured’s natural child if any of the following conditions is met:

(1) You could inherit the insured’s personal property as his or her natural child under State inheritance laws, as described in paragraph (b) of this section.

(2) You are the insured’s natural child and the insured and your mother or father went through a ceremony which would have resulted in a valid marriage between them except for a “legal impediment” as described in §404.346(a).

[Per §404.346(a)] A legal impediment includes only an impediment which results because a previous marriage had not ended at the time of the ceremony or because there was a defect in the procedure followed in connection with the intended marriage. For example, a defect in the procedure may be found where a marriage was performed through a religious ceremony in a country that requires a civil ceremony for a valid marriage. Good faith means that at the time of the ceremony you did not know that a legal impediment existed, or if you did know, you thought that it would not prevent a valid marriage.

(3) You are the insured’s natural child and your mother or father has not married the insured, but the insured has either acknowledged in writing that you are his or her child, been decreed by a court to be your father or mother, or been ordered by a court to contribute to your support because you are his or her child. If the insured is deceased, the acknowledgment, court decree, or court order must have been made or issued before his or her death. To determine whether the conditions of entitlement are met throughout the first month as stated in §404.352(a), the written acknowledgment, court decree, or court order will be considered to have occurred on the first day of the month in which it actually occurred.

(4) Your mother or father has not married the insured but you have evidence other than the evidence described in paragraph (a)(3) of this section to show that the insured is your natural father or mother. Additionally, you must have evidence to show that the insured was either living with you or contributing to your support at the time you applied for benefits. If the insured is not alive at the time of your application, you must have evidence to show that the insured was either living with you or contributing to your support when he or she died. See §404.366 for an explanation of the terms “living with” and “contributions for support.”

(b) Use of State Laws—

(1) General. To decide whether you have inheritance rights as the natural child of the insured, we use the law on inheritance rights that the State courts would use to decide whether you could inherit a child’s share of the insured’s personal property if the insured were to die without leaving a will. If the insured is living, we look to the laws of the State where the insured has his or her permanent home when you apply for benefits. If the insured is deceased, we look to the laws of the State where the insured had his or her permanent home when he or she died. If the insured’s permanent home is not or was not in one of the 50 States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Northern Mariana Islands, we will look to the laws of the District of Columbia. For a definition of permanent home, see §404.303. For a further discussion of the State laws we use to determine whether you qualify as the insured’s natural child, see paragraphs (b)(3) and (b)(4) of this section. If these laws would permit you to inherit the insured’s personal property as his or her child, we will consider you the child of the insured.

(2) Standards. We will not apply any State inheritance law requirement that an action to establish paternity must be taken within a specified period of time measured from the worker’s death or the child’s birth, or that an action to establish paternity must have been started or completed before the worker’s death. If applicable State inheritance law requires a court determination of paternity, we will not require that you obtain such a determination but will decide your paternity by using the standard of proof that the State court would use as the basis for a determination of paternity.

(3) Insured is living. If the insured is living, we apply the law of the State where the insured has his or her permanent home when you file your application for benefits. We apply the version of State law in effect when we make our final decision on your application for benefits. If you do not qualify as a child of the insured under that version of State law, we look at all versions of State law that were in effect from the first month for which you could be entitled to benefits up until the time of our final decision and apply the version of State law that is most beneficial to you.

(4) Insured is deceased. If the insured is deceased, we apply the law of the State where the insured had his or her permanent home when he or she died. We apply the version of State law in effect when we make our final decision on your application for benefits. If you do not qualify as a child of the insured under that version of State law, we will apply the version of State law that was in effect at the time the insured died, or any version of State law in effect from the first month for which you could be entitled to benefits up until our final decision on your application. We will apply whichever version is most beneficial to you. We use the following rules to determine the law in effect as of the date of death:

(i) If a State inheritance law enacted after the insured’s death indicates that the law would be retroactive to the time of death, we will apply that law; or

(ii) If the inheritance law in effect at the time of the insured’s death was later declared unconstitutional, we will apply the State law which superseded the unconstitutional law.

While many Social Security disability hearings in Colorado have decisions issued in 45 to 90 days, some cases wait for four, five, even six months without a decision.

I was recently asked if a long wait after a hearing is a bad sign?

I previously wrote about my experience with how long it takes to get a decision after a Social Security hearing. Many lawyers who have been doing Social Security cases for a while can’t help but notice that the longer it takes to get a decision, the greater the chances that the case will be denied. However, that is not the whole story. Here is my take on this issue.

Social Security approvals often result in fast decisions

Even if the judge does not rule at the hearing, a decision in an approval is often sent within the normal 45 to 90 day window.

Social Security denials take longer to be processed

In the case of denials, I frequently see cases sent out to a decision writer which adds up to 4 months to the decision process.

Why so long? There is a backlog of cases waiting for a decision writer to become available. This results in a case waiting for months after a hearing just to have a draft decision written. Note: this is before the decision even comes back to the judge for approval and/or editing. Combined with the original 90 day wait, some of these decisions are not issued for up to six or seven months after the date of the hearing.

So, if it takes more than 3 months to get a decision, it’s going to be a denial!?!

Not necessarily. While there is some correlation between lengthy decision times and denials, it is not a clear cut signal. Judges also use decision writers on cases that are going to be approved, which means even approval decisions sometimes four or more months before they are issued.

Don’t try to read the tea leaves

Ultimately, the only thing that counts is whether you are approved. Trying to read meaning into how long the decision takes is just guessing. It does not change the odds of winning or give you any meaningful information. Unfortunately, many people tear themselves up inside wondering what it means if a decision takes months to be issued.

All you can do is take a deep breath, let it out, and try to go on with your life while you wait.

Congratulations! You have won your Social Security disability case and have been approved for SSI! You have read my article about when you should get paid. But, weeks have gone by and you still have not heard anything from your local Social Security office about your benefits.

Is anyone working on my case?

Is there anyone there?

Hello?

While some SSI cases get very fast processing (sometimes an appointment is scheduled at the Social Security office before the hearing decision is even delivered), other cases wait for more than a month with seemingly no activity from Social Security.

Here is a tip: you can actually go in at any time after the favorable decision to get your SSI benefits processed.

Keep in mind this only applies to SSI benefits. If you have been approved to Social Security Disability Insurance (SSDI) benefits, those are processed by a regional payment center. While your local Social Security office can check on the processing status, they cannot process those benefits themselves.

If you do decide to go in to get your benefits processed, get ready to wait when you arrive. Depending on how busy your local Social Security office is, you may be there half a day before you a technician can meet with you. You may also want to review my tips for surviving a trip to the Social Security office.

Do not to abuse this. Social Security is doing the best it can with limited resources. If you can wait a bit longer to get your benefits processed, they will get to you. However, if you have already waited more than a month after getting your SSI approval, with no sign of Social Security getting to your case, this may be an option.

One more thing to remember if you need to speed up your Social Security case: don’t forget to check if your case qualifies for expedited processing as a dire need case.

If your Social Security disability case has been denied. You need to know how long you have to file your appeal. You only have so much time before your deadline. If you miss that window of opportunity, you may be back to square one.

Check your denial

The best tip I can offer if your case is denied is to check the paperwork. While there are several common deadlines, if you do not definitely know how long Social Security gives you to appeal, you may be using the wrong deadline.

The paperwork you are looking for is typically a denial. However, it may also be called a “decision,” “notice of disapproved claim,” “notice of proposed action,” or something else. The thing to keep in mind is that whenever Social Security decides something on your case, they will also tell you the following:

1. The appeal options. What you can do if you disagree with the action or decision.
2. The appeal process. What forms you need to fill out, where to get them, where to turn them in, or the website to go to appeal.
3. How long you have to file the appeal.

If you have lost your Social Security denial?

If you no longer have your Social Security paperwork, give your local Social Security office a call. You can also call the toll-free Social Security number at 1-800-772-1213.

Social Security should always be able to tell you the most recent decision (or action on your case) and any applicable deadlines.

Lets get down to brass tacks. Here are the most common Social Security deadlines:

65 days to appeal a Social Security denial

In most Social Security cases, you have 65 days to appeal a denial or decision. Again, there is no guarantee of 65 days; this is just the most common time limit.

Hold on, isn’t it 60 days?

Yes and no. Social Security typically gives you 60 days to file an appeal. However the 60 days normally do not start until 5 days after the date on the decision. Those 5 days are the mailing time Social Security assumes it will take to get the denial to you.

So, effectively, you have 65 days from the date on the decision to appeal.

In theory, if it took longer than 5 days to get the decision to you, you might have an extra couple of days beyond that. However, if you file the appeal more than 65 days after the date on the denial, Social Security will assume that it is a late appeal and you will have to explain the late filing. Can you prove it took longer than 5 days to get the denial?

Note: if the denial is sitting for several days in a mailbox or PO Box because you have not picked it up, this will not normally extend the deadline.

Deadline to what?

I mailed the appeal on the 65th day. I even got confirmation from the post office. I’m good, right?

Probably not. Appeals are not taxes. Getting a postmark by the last day does not stop the deadline clock.

You have to get the appeal into Social Security’s hands on or before the deadline. If you are close to the deadline, that may mean overnighting the appeal, or walking it in.

What if the deadline falls on a weekend or holiday?

If the deadline falls on a weekend or national holiday, then the deadline is moved to the next business day.

However, don’t bet your case on it! I have seen too many cases where the appeal was properly filed on the next business day after a weekend deadline and in every single instance, Social Security treated it as a late appeal. This was able to be resolved with a letter explaining the circumstances. However, it put an extra hurdle in the way of proving the disability case.

If at all possible, get the appeal in early!

Wrap-up

I want to remind you again, deadlines can change and the best source for finding the deadline in your case is to check your Social Security paperwork or contact Social Security directly.

Check out this article for more tips on dealing with Social Security deadlines.

Here is the short answer: if you are hospitalized in a medical treatment facility for 30 days, your SSI benefits may be cut to $30 per month.

Now, here is the long answer:

You are not eligible for SSI benefits for any month throughout which you are a resident of a “public institution.” A “public institution” means an institution that is operated by or controlled by the Federal government, a State, or a political subdivision of a State such as a city or county.

As a side note, if you apply for SSI while you are a resident of a public institution, you cannot be eligible for payment of benefits (even though you meet all other eligibility requirements) until the “first day of the month following the day of your release from the institution.”

Basically, your benefits will not start until the month after your release. If you were released on January 1st, your benefits would start February 1st. If you are released January 31st, your benefits still start on February 1st. The first day of the month following the day of your release from the institution.

However, this does not include a publicly operated community residence which serves 16 or fewer residents. What is a community residence?

To be a community residence, a facility must provide food and shelter. In addition, it must make available some other services. For example, the other services could be-

(i) Social services;
(ii) Help with personal living activities;
(iii) Training in socialization and life skills; or
(iv) Providing occasional or incidental medical or remedial care.

Serving no more than 16 residents. A community residence serves no more than 16 residents if-

(i) It is designed and planned to serve no more than 16 residents, or the design and plan were changed to serve no more than 16 residents; and
(ii) It is in fact serving 16 or fewer residents.

Publicly operated. A community residence is publicly operated if it is operated or controlled by the Federal government, a State, or a political subdivision of a State such as a city or county.

Facilities which are not a publicly operated community residence. If you live in any of the following facilities, you are not a resident of a publicly operated community residence:

(i) A residential facility which is on the grounds of or next to a large institution or multipurpose complex;
(ii) An educational or vocational training institution whose main function is to provide an approved, accredited, or recognized program to some or all of those who live there;
(iii) A jail or other facility where the personal freedom of anyone who lives there is restricted because that person is a prisoner, is being held under court order, or is being held until charges against that person are disposed of; or
(iv) A medical treatment facility (defined in §416.201).

Citations:

• 20 CFR §416.201 General definitions and terms used in this subpart.
• 20 CFR §416.211 You are a resident of a public institution.
• 20 CFR §416.212 Continuation of full benefits in certain cases of medical confinement.
• 20 CFR §416.414 Amount of benefits; eligible individual or eligible couple in a medical treatment facility.

Not everyone who applies for Social Security wants to be on disability for the rest of their lives. Many just want temporary help while recovering from an injury and figuring out what they can do next.

There are also some cases that keep getting denied.

Whether by choice or necessity, retraining may be something you eventually consider.

Recently, I was talking with a client about the options if Social Security denies her case. She would like to go back to school but has no idea what to study or how to pay for it. It occurs to me that this is a discussion a lot of people would like to be in on.

Here are the retraining options we discussed:

Social Security does not provide retraining

This comes as a surprise to many people. However, Social Security does not provide any retraining services. For right or wrong, it is just not part of Social Security’s charter. Of course the monthly benefits and health insurance Social Security provides may go a long way to help you while going back to school.

The Department of Vocational Rehabilitation

If you are looking for retraining in a new field, your local Department of Vocational Rehabilitation (DVR) is the agency to contact. DVR offers a variety of services including diagnosing impairments, retraining, and job placement services.

Here is a list of services from the Colorado DVR website:

• Evaluation and diagnostic services provided to determine eligibility and the services needed for the individual to become employed;
• Vocational rehabilitation counseling and guidance provided directly by a vocational rehabilitation counselor during the individual’s plan of services;
• Physical and mental restoration services which may be provided to correct or substantially modify an individual’s physical or mental condition;
• Training services, when necessary to become employed, including vocational training, academic training, personal and vocational adjustment training, job coaching, on-the-job training, job-seeking skills training, and books, tools, and other training materials;
• Specialized services for individuals who are blind, deaf, and deaf-blind, including interpreter services, note-taking services, and reader services;
• Rehabilitation technology services, including assistive technology devices, assistive technology services, and rehabilitation engineering services to address barriers encountered by an individual in attaining or retaining employment;
• Placement services provided to assist an individual with a disability to find adequate and suitable employment in his/her chosen career;
• Supportive services, such as maintenance, transportation, personal assistance services and services to family members may also be provided if necessary for the individual to utilize the services identified above.

Want to contact a DVR office in your part of Colorado? Follow this link.

School Disability Services Office

If you are considering going back to school, it’s not unusual to be worried about the rigors of classes, notes, and tests. Maybe you have a learning impairment such as dyslexia, ADD or ADHD. Maybe social anxiety disorder makes it difficult to attend classes. Maybe you just barely made it through school the first time.

If you are worried about making it in school, contact the Disability Services office of the school you are thinking of attending.

The Disability Services office can help you succeed by providing various accommodations such as the following:

• Online classes
• Note takers
• Assistive technology
• Alternate testing
• Additional time on tests or assignments
• Readers
• Books on tape
• Tutoring

By contacting the Disability Services office, you can find out what services may be available to you.

Here is a list of Disability Services offices for local colleges:

• Pueblo Community College (PCC)
• University of Colorado at Colorado Springs (UCCS)
• Colorado College
• Colorado State College Resources for Disabled Students
• Pikes Peak Community College (PPCC)
• Otero Junior College
• Adams State College

If you have a link to another Colorado college Disability Services office, let me know in the comments.

Working with a Vocational Specialist

This is the one tip you will ignore.  You may consider it, keep it in the back of your mind, but ultimately you will decide that you really can’t afford to do this and you will forget it.

That is a shame, because this is the one retraining tip that can make the most difference.

Vocational specialists work with individuals to help identify their strengths, weaknesses, and limitations. They can also help identify jobs through their specialized resources and on-site job surveys.

I know you may be saying:

So, it’s like career day in high school where I took a test and it told me I would probably make a good pastry chef, even though I don’t want to be a pastry chef.

Well, it is something like that, but a whole lot better. A good vocational specialist is worth the money. A vocational specialist can help you figure out:

1. What kind of a job you would be good at?
2. What kind of job will accommodate your limitations?
3. Whether you are actually likely to find a job based on the number of jobs in the state, whether the industry is growing or shrinking? Whether schools are going to be flooding the market with job applicants, and so on?

How much will a vocational specialist cost? I would budget between $300 to $700 depending on your region and what you want the vocational specialist to do. If you think that is a lot, consider how much you will pay for just one class in college.

So, here is your choice:

• You can either spend years of your life and thousands of dollars on training with no idea if you will be able to perform the duties of a in that industry? Whether there are jobs in your area? Or, your likelihood of being hired or running your own business? Or,
• You can spend a few hundred dollars up front to work with a vocational specialist to figure out the best jobs for you and your limitations, and the find the jobs that have the best income potential.

If this sounds good, please prove me wrong and consider using a vocational expert.

Have you gone back to school to get retraining after an injury? Got tips to share? Tell me in the comments!

If you are receiving Social Security disability benefits, the last thing you want is to get a letter in the mail telling you that you owe Social Security money. I have seem many individuals with overpayment notices for tens of thousands of dollars.

So, what can you do?

Read what Social Security sends you

This may sound obvious, but who wants to slog through the brochures and letters Social Security sends? Well, unless you want to be stuck with an overpayment, you do!

Social Security expects individuals to be diligent about complying with the requirements of the benefits they receive. Social Security sends out publications when benefits begin and it is a good idea to review them at least annually. Here are two critical ones:

• Reporting Your Wages When You Receive Supplemental Security Income (SSI)
• What You Need To Know When You Get Supplemental Security Income (SSI)

The second publication provides a list of things you must report to Social Security in plain english with links to further explanations.

Personally, I still see quite a number of people getting bitten because they missed some nuance of the Social Security system and Social Security can be very slow to correct errors which can result in
overpayments in the tens of thousands of dollars. So I am sympathetic to individuals facing an overpayment.

However, the best advice I can give to reduce an individual’s risk of an overpayment, is to read and follow the instructions and notice requirements provided in Social Security publications.

You may note that these publications list the Social Security 800 number as an acceptable way of providing Social Security with information. However, you want able to document your contact with Social Security. If an individual later has to go to hearing, how will they prove that they made a phone call to Social Security and what was said? While it is more difficult, sending a letter with delivery confirmation is often a better method from an evidentiary standpoint.

Request an annual meeting with Social Security

While it may not prevent an overpayment, it is a good idea to try to schedule an annual appointment with Social Security to confirm continuing benefit eligibility. Social Security technicians are trained in the ins and outs of benefit eligibility (even more so than attorneys because of the limitations of legal fees in Social Security matters). Of course, be sure to document the information provided, who the meeting is with, what was discussed, and the outcome.

Unfortunately, the local Social Security office might refuse to add an “extra” meeting to their already overflowing schedule. Sadly, this puts an individual into the position of trying to do a self audit. This is a bad solution because a regular person cannot be expected to know all the eligibility requirements of a trained Social Security technician.

That said, an individual should at least call Social Security to determine the maximum gross (pre-tax and pre-deduction) earnings his or her family can earn and still remain eligible for benefits. Then take a hard look at whether the income is above or below that amount. Being below does not mean a family is safe, but being above that amount is certainly a red flag.

I just have to post this. I know many of you will probably have already seen this, either on Oprah, or around the web. But, as a huge fan of the way technology can make a difference in disabled* individual’s lives, I just think this is so cool and amazing.

*Of course, I am not trying to say that Roger Ebert is disabled. Even the loss of speech has not kept him down and he certainly has continued to be as prolific as ever.

One of my readers asked:

I had my hearing 2 weeks ago in Denver. The judge made an immediate favorable decision. My lawyer told me that most people get their benefits before they even receive the decision. I’m waiting patiently.

Congratulations on the win!

I have written about how long it takes after a hearing to get a decision, as well as my experience with how long it takes to actually get the benefits.

Personally, I have never seen benefits paid before the receiving a decision.

However, I have started to see some cases where a client receives a letter from the local Social Security office scheduling an appointment to process benefits before the decision is delivered. Clearly, the Judge’s office is entering the decision and Social Security acting on it immediately (and kudos for that), while the decision takes a few days to be delivered by the post office.

This does not happen all the time. In fact I have only see this is a small portion of cases and only on SSI cases. This makes sense since the local office only processes benefits (after a win) on SSI cases. Disability Insurance (SSDI) benefit cases are processed by a regional payment center.

Unfortunately, in many other cases, it takes four to six weeks after the decision before an appointment is scheduled at the local Social Security office. Since this may cause a hardship, it is sometimes possible to get a case expedited for dire need.

Many people wonder what will happen after they are approved for Social Security disability benefits?

Will my benefits be stopped?

Will I continue to get Social Security disability benefits for the rest of my life?

Except for closed period cases, Social Security disability benefits normally can continue for an indefinite period of time. An individual may be able to receive benefit for the rest of his or her life.

Of course, this assumes that the impairments continue to be disabling (and any other non-medical requirements continue to be met).

Here is the catch: Social Security rarely assumes that conditions will continue to be disabling. There are a number of reasons for this:

• While there are some conditions which may never get better, many conditions may improve over time.
• An individual may obtain retraining to allow them to return to work.
• An individual may find ways of living with an otherwise disabling condition and be able to work.

Even in cases of an extremely physically debilitating disability, an individual may confound the odds and find a way of working. One example of this is theoretical physicist Stephen Hawking. Although almost completely paralyzed due to neuro-muscular dystrophy, Dr. Hawking continues to work.

While Social Security does not expect every disabled individual to be Stephen Hawking, whether a currently disabled individual will remain so years from today, is an open question.

Continuing Disability Reviews

So, Social Security reviews cases to check for continuing disability. Not surprisingly, these are called, “Continuing Disability Reviews” or CDRs. CDRs are medical reviews to see if an individual’s disabilities continue to be disabling.

For individuals on Supplemental Security Income (SSI), Social Security may also perform a financial review to confirm continuing financial eligibility.

As a side note: it is important to note that financial changes, and especially returning to work, may alter eligibility for Social Security benefits under either Social Security Disability Insurance or Supplemental Security Income benefits. If an individual returns to work, it is essential to consider the eligibility issue again. Too many people ignore this only to face a hefty Social Security overpayment notice.

How often a case will be reviewed, varies from case to case. CDRs can be performed in as little as 12 months. Although, typically cases are reviewed every three to five years. For children’s cases, Social Security will review the case at age 18, and apply the adult standard of disability. In many instances, this results in the child no longer qualifying for Social Security benefits.

For more information about CDRs, how often they occur and how to prepare for them, check out these articles:

• For some tips on what to do when faced with a CDR, read my earlier article here.
• Tim Moore has great information about CDRs here.
• HCV Advocate also has a great article about the forms Social Security expects you to complete.
• Lastly, for more information about how Social Security reviews cases (in complete mind numbing detail), see §404.1594 How we will determine whether your disability continues or ends.

This advertising tactic is a bit of a joke in legal circles. Yet it pops up surprisingly frequently. I am sure you have seen lawyers ads touting the “combined experience” of the lawyers in the firm:

18 years of combined legal experience

40 years of combined legal experience

90 [!] years of combined legal experience

Even a quick check of Google reveals a number of law firms using this language.

Well, I’m here to tell you – don’t buy it!

The main problem with this is that there is no such thing as “combined legal experience.” As much you may feel that lawyers are pod people, we really cannot connect our brains together!

Another problem is that if a lawyer advertises “18 years of combined legal experience” you may rightfully expect that you are getting 18 years of experience on your problem. But, are you really?

Consider what “18 years of combined years of experience” may actually mean:

• 18 lawyers with 1 year of experience.
• 1 lawyer with 17 years of experience and 1 junior associate with 1 year of experience. Psst: you are assigned to the junior associate.
• 1 lawyer with 18 years of experience (in a completely different practice area) who just started practicing law in your area this year.

Don’t be taken in by law firms advertising “combined years of experience.” Many times, it is just a way of making a law firm sound more experienced that it really is.

If you are like most people, you probably have never had to think about what you would do if you became disabled. What would you do if you suddenly could not work? How would you pay your rent or mortgage? How would you afford to see your doctor?

Social Security provides help if you ever find yourself in this situation.

Generally, Social Security disability benefits provide two things:

1. Monthly cash benefits – to help you pay for your expenses.
2. Health insurance (Medicare or Medicaid) – to help you pay for your medical expenses.

Social Security has two similar disability programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Even though only SSDI has the word, “disability” in its title, both programs provide benefits if you become disabled.

• Both SSDI and SSI provide monthly cash benefits. SSI benefits are limited to the Federal Benefit Rate ($674 per month for 2010), while SSDI can be higher and is based on the amount of your contribution to Social Security through payroll taxes. If you are curious about how much you might be entitled to if you became disabled, Social Security provides online calculators to help you estimate your benefits.
• Both SSDI and SSI provide health insurance. SSDI recipients are eligible to receive Medicare while SSI recipients can receive Medicaid.

Keep in mind that there are differences between SSI and SSDI, and we have not touched on SSI’s financial eligibility requirements, or how Social Security evaluates cases. However, if your are considering applying for benefits this is a very quick overview of what you can get from Social Security if you are disabled.