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Contact Info |
Lambros & Lambros Address, Phone, E-mail Website for Lambros & Lambros |
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Meeting Handouts and More |
March 2013 Handouts:
2 SSDI/SSI Financial Overview 3 SSDI - Date Last Insured 4 Procedure 8 Proving Disability 9 CFS/CFIDS - Medically Determinable Impairment 10 FMS - Medically Determinable Impairment 11 Myths about Social Security Claims Mitch-isms - Our favorite quotes |
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Feb 1994 - Apr 1996 - Sep 1997 - Feb 2000 - Jan 2001 July 2002 - Sep 2004 - Nov 2005 - Sep 2006 - Sep 2007 Sept 2008 - July 2009 - Sept 18, 2010 - Nov 19, 2011 March 16, 2013 |
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More about Mitch |
- Legal Practitioners, SSDI Attorneys - Previous Speakers, Lambros - Newsletters: Jan 2001: CSN Champion Award |
MICHAEL J. LAMBROS J. MITCHELL LAMBROS |
LAW OFFICES LAMBROS & LAMBROS A PROFESSIONAL ASSOCIATION ––––––––––– 9900 N. YORK ROAD COCKEYSVILLE, MARYLAND 21030 ––––––––––– (410) 666-2200 FAX (410) 666-0244 TOLL FREE (800) 562-0044 EMAIL: Lambros AT LambrosLaw.net LambrosLaw.net |
BRANCH OFFICE ––––––– THE MAULSY BUILDING SUITE 2B 133 E. MAIN STREET WESTMINSTER MD 21157 ––––––– (410) 876-7610 |
Lambros Meeting handouts
- SOCIAL SECURITY DISABILITY - RECENT DEVELOPMENTS (PDF)
- SOCIAL SECURITY PROGRAMS FOR THE DISABLED (PDF)
Includes Special Issues for CFS/CFIDS & FMS Sufferers in Proving Disability
Includes Myths - MYTHS ABOUT SOCIAL SECURITY DISABILITY CLAIMS (below)
Important Federal Documents
- Social Security Rulings relevant to CFS & FMS Social Security Administration
- SSR 14-1p: Evaluating Cases Involving CFS
- SSR 12-2p: Evaluation of Fibromyalgia
- SSR 11-1p: Procedures regarding Subsequent Applications for Disability Benefits
- Social Security Administration Disability Publications
- Code of Federal Regulations (CFR)
Classic Mitch-isms
Quotes that show care, compassion, and wisdom.
The Bottom Line:
"You need some objective evidence of dysfunction, a regular course of treatment showing steady complaints, a willingness to document mental limitations, and a doctor who is willing to go to bat for you."
"You can't start getting better until you stop getting worse."
"You haven't done anything wrong. You're sick. You need some help for now."
"If you're sick, be sick. Get the care and rest you need."
Lambros Myths Handout:
MICHAEL J. LAMBROS J. MITCHELL LAMBROS |
LAW OFFICES LAMBROS & LAMBROS A PROFESSIONAL ASSOCIATION ––––––––––– 9900 N. YORK ROAD COCKEYSVILLE, MARYLAND 21030 ––––––––––– (410) 666-2200 FAX (410) 666-0244 TOLL FREE (800) 562-0044 EMAIL: Lambros AT LambrosLaw.net LambrosLaw.net |
BRANCH OFFICE ––––––– THE MAULSY BUILDING SUITE 2B 133 E. MAIN STREET WESTMINSTER MD 21157 ––––––– (410) 876-7610 |
MYTHS ABOUT SOCIAL SECURITY DISABILITY CLAIMS
"There's no point in trying because I've already been denied"
Social Security is well known for initially denying meritorious claims that later are approved by an Administrative Law Judge. Don't let a bureaucrat determine your future. Keep appealing until you get a judge.
"I've appealed once and lost, so there's no point in appealing again"
Social Security disability claims have to be appealed twice in order to get to an Administrative Law Judge. The first appeal is decided only by another bureaucrat. Keep appealing until you get a judge.
"Social Security disability is only for people who won't be able to work for the rest of their lives"
Not true. Social Security disability is for persons who have been or are expected to be disabled for a year or more. Benefits can be awarded for a closed period if you successfully return to work.
"I can't afford to pay a lawyer to help me"
Wrong. Lawyers are not allowed to charge up front for Social Security disability claims. Under federal regulations, a lawyer is not owed any fee unless you win. If you do win, then the government pays your lawyer 25% of the money that it owes you for past due benefits, up to a maximum of $6,000 [in 2013].
"I don't need a lawyer because the government is helping me with my claim"
Don't be fooled. The government will not act to protect your rights as a lawyer will. Social Security regulations are hundreds of pages long and there are hundreds of agency and court decisions interpreting them. Often, you must attend a hearing before a judge where evidence is presented. You need someone looking out for you.
"The government will get all of the medical records needed for my claim"
Don't count on it. Doctors prepare records for the purposes of diagnosis and treatment and certainly are not thinking of Social Security regulations. Often, claims can't be won without getting supplemental reports from doctors addressing the specific issues raised under the regulations.
"It's o.k. to wait and see how my condition does before deciding to apply"
Bad idea. You only are entitled to SSDI benefits for the one year period preceding your filing date. SSI benefits are only owed from the date of application. Waiting could mean lost benefits.
"To apply, I'll have to go to a local Social Security office and wait for hours"
You don't have to. Claims can be done by telephone and by website.
"I'll win because my doctor says I'm disabled"
Bad bet. While this makes sense, Social Security does not accept a doctor's opinion as to whether someone can work. Instead, Social Security only accepts a doctor's opinion as to a patient's restrictions - for example, how much they can lift. Employability is determined by vocational expert testimony. At your hearing before an Administrative Law Judge, a vocational expert likely will be present to give testimony. Cross-examination of this expert can be critical, and this is another good reason for having an attorney.
"As long as I'm earning any money, I don't qualify "
Not necessarily. You can earn up to $750 per month [in 2013] and still be regarded as disabled. Periods when you earned more than that can, under certain circumstances, be regarded as trial work periods or unsuccessful work attempts for which you are entitled to benefits.
"If I draw benefits now, then I'll get less at retirement age"
Wrong.
Social Security is well known for initially denying meritorious claims that later are approved by an Administrative Law Judge. Don't let a bureaucrat determine your future. Keep appealing until you get a judge.
"I've appealed once and lost, so there's no point in appealing again"
Social Security disability claims have to be appealed twice in order to get to an Administrative Law Judge. The first appeal is decided only by another bureaucrat. Keep appealing until you get a judge.
"Social Security disability is only for people who won't be able to work for the rest of their lives"
Not true. Social Security disability is for persons who have been or are expected to be disabled for a year or more. Benefits can be awarded for a closed period if you successfully return to work.
"I can't afford to pay a lawyer to help me"
Wrong. Lawyers are not allowed to charge up front for Social Security disability claims. Under federal regulations, a lawyer is not owed any fee unless you win. If you do win, then the government pays your lawyer 25% of the money that it owes you for past due benefits, up to a maximum of $6,000 [in 2013].
"I don't need a lawyer because the government is helping me with my claim"
Don't be fooled. The government will not act to protect your rights as a lawyer will. Social Security regulations are hundreds of pages long and there are hundreds of agency and court decisions interpreting them. Often, you must attend a hearing before a judge where evidence is presented. You need someone looking out for you.
"The government will get all of the medical records needed for my claim"
Don't count on it. Doctors prepare records for the purposes of diagnosis and treatment and certainly are not thinking of Social Security regulations. Often, claims can't be won without getting supplemental reports from doctors addressing the specific issues raised under the regulations.
"It's o.k. to wait and see how my condition does before deciding to apply"
Bad idea. You only are entitled to SSDI benefits for the one year period preceding your filing date. SSI benefits are only owed from the date of application. Waiting could mean lost benefits.
"To apply, I'll have to go to a local Social Security office and wait for hours"
You don't have to. Claims can be done by telephone and by website.
"I'll win because my doctor says I'm disabled"
Bad bet. While this makes sense, Social Security does not accept a doctor's opinion as to whether someone can work. Instead, Social Security only accepts a doctor's opinion as to a patient's restrictions - for example, how much they can lift. Employability is determined by vocational expert testimony. At your hearing before an Administrative Law Judge, a vocational expert likely will be present to give testimony. Cross-examination of this expert can be critical, and this is another good reason for having an attorney.
"As long as I'm earning any money, I don't qualify "
Not necessarily. You can earn up to $750 per month [in 2013] and still be regarded as disabled. Periods when you earned more than that can, under certain circumstances, be regarded as trial work periods or unsuccessful work attempts for which you are entitled to benefits.
"If I draw benefits now, then I'll get less at retirement age"
Wrong.
"Social
Security disability doesn't cover psychological problems"
Not true. The law wisely has recognized that these types of problems can be just as devastating as physical problems, if not more so.
"Social Security will do nothing to help me with my health insurance problem"
Not necessarily. A person approved for SSDI benefits is eligible for Medicare coverage once they have been eligible for disability benefits for 2 years. This is the same coverage that persons age 65 and older get. Persons approved for SSI get Medical Assistance immediately.
“I’ll apply on my own and see if I get denied before getting an attorney”
Bad idea. What you say on your application as to your disabling conditions and how they prevent you from working is extremely important. Very soon after you apply, you are asked to fill out a detailed Daily Activities Form, which disability examiners will leap to use as proving that you are active enough to do some kind of work. Once those things are written down, they are hard to counter. An ounce of prevention is worth many pounds of cure.
Not true. The law wisely has recognized that these types of problems can be just as devastating as physical problems, if not more so.
"Social Security will do nothing to help me with my health insurance problem"
Not necessarily. A person approved for SSDI benefits is eligible for Medicare coverage once they have been eligible for disability benefits for 2 years. This is the same coverage that persons age 65 and older get. Persons approved for SSI get Medical Assistance immediately.
“I’ll apply on my own and see if I get denied before getting an attorney”
Bad idea. What you say on your application as to your disabling conditions and how they prevent you from working is extremely important. Very soon after you apply, you are asked to fill out a detailed Daily Activities Form, which disability examiners will leap to use as proving that you are active enough to do some kind of work. Once those things are written down, they are hard to counter. An ounce of prevention is worth many pounds of cure.