Blog Topic

SOCIAL SECURITY DISABILITY AND FRAUD
Posted by: Micah Adkins
April 09, 2009

The Social Security Administration's Office of Inspector General (OIG) is charged with the investigation of potentially fraudulent Social Security Disability (SSD) applications. Since 1998, the OIG has performed Cooperative Disability Investigations (CDIs) with the assistance of state law enforcement officers and employees of the Social Security Administration (SSA). The goal of the of the investigation is to identify and prosecute fraudulent SSD applications. The investigations may include surveillance of the claimant on his way or leaving "consultative" examinations. These examinations may be set up by the OIG for investigative purposes only.

The local SSA office is to notify the claim or the claimant's attorney of CDI information contained in the claimant's file for consideration by the Administrative Law Judge (ALJ).  The claimant or the claimant's attorney should be afforded the opportunity to view the surveillance tape(s) prior to the benefits hearing. Often, in anticipation of criminal charges, the claimant's attorney may then refer or associate a criminal defense attorney to handle the potential criminal charges.

The CDI information will be divulged to the claimant only if the information is sent to the ALJ or the local SSA office. In other words, if the OIG does not send the results of its its CDI report to the ALJ, then the claimant will not have access to the surveillance tapes.  The OIG typically provides ALJs with information that makes the claimants look bad. As a result, information obtained by the OIG that supports the claimant's application will not be provided to the ALJ or local SSA.

If you, or a loved one, have applied for Social Security benefits and have been turned down, then you need an attorney. Contact attorney Micah Adkins for a free and confidential consultation.

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WHAT IS THE IMPORTANCE OF THE ALLEGED ONSET DATE?
Posted by: Micah Adkins
January 19, 2009

When filing a claim for Social Security Disability (SSD) a claimaint must declare an alleged onset date. The alleged onset date is the actual date the claimant becamed disabled and unable to work because of a physical or mental disability.  The alleged onset date is an important date for the claimant because that is the date from which the claimant's back-pay benefits will be calculated. 

Determining the alleged onset date can be confusing, especially when the claimant has had several unsuccessful return to work attempts. An attorney can assist the claimant determine the alleged onset date by carefully reviewing the claimant's medical records. This information may also be gathered from the date of claimant's last employment.

After the attorney determines the alleged onset date from the claimant's medical or employment records, the information is then compared to the alleged onset date from the original claim form. If the alleged onset date on the claim form is different from the attorney's findings, then the attorney simply files a change form with the SSA.  If the alleged onset date and the date of the last employment are both within the same month and both are after the first day of the month, there is no reason to change the incorrect alleged onset date provided by the claimant. Why? Because all onset dates between the second day of a month and the end of the same month result in the same SSD payment. (See 42 U.S.C.A Section 416(i)(2)(A); See also Robbins v. Schweiker, 708 F.2d 340, 2 Soc. Rep. Serv. 116 (8th Cir. 1983).

Bottom line, the alleged onset date is important to the claimant to identify the starting point for SSD benefits. For example, the claimant's attorney may go back up to 17 months prior to the date of the claim and each month is worth three-quarters of a month's benefits to the claimant.

If you or a loved one needs help with a Social Security Disability claim, then contact attorney Micah Adkins for a free consultation.

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COMPASSIONATE ALLOWANCE CONDITIONS TO SPEED UP SSD PROCESS
Posted by: Micah Adkins
October 27, 2008

Typically, after claimants file an appeal for Social Security benefits, it takes months or even years an adminsitrative law judge reviews the application.  However, that may be ching, at least for some applicants.

According to the Social Security Administration (SSA), the "Compassionate Allowances" initiative will speed up the determination of an applicant's claim for Social Security Disability (SSD) benefits.  The goal of the program is to determine what conditions are so serious that the objective medical information contained in applicants' initial filing justifies a finding of disability.  As a result, the determination process for applicants that have been diagnosed with one of the compassionate allowances will be much quicker.

Approximately fifty (50) conditions have been selected for the initial Compassionate Allowance list.  Full Story

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I APPLIED FOR SSD - WHAT HAPPENS NEXT?
Posted by: Micah Adkins
September 27, 2008

What happens after you apply for Social Security benefits?

After the Social Security Adminstration receives you application for benefits, your application is forwarded to a Disability Determination Services (DDS) examiner who will begin to gather your medical records.  The DDS examiner will request medical records based on the treating physician information (doctor names, addresses and telephone numbers) you listed on on your Social Security Disability (SSD) or Supplemental Security Income (SSI) application.

If you do not provide the Social Security Adminstration with all of your healthcare providers, then the DDS examiner's decision will be based on only a part of the picture.  It is important for the examiner to get the total picture when making a determination about your application.  Therefore, it is very important to support your application with all of your healthcare providers' information to the DDS examiner in support of your application.

The DDS examiner will look closely at your recent medical records, especially medical records within the two months prior to your application.  These records are important because recent records will (or will not) substantiate your claim for SSD.  If you do not provide the examiner this information, your claim is all but guaranteed to result in a denial.

If you have been denied SSD benefits and need legal representation, then contact Micah Adkins for a free consultation.     

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HOW DO I APPLY FOR SOCIAL SECURITY BENEFITS?
Posted by: Micah Adkins
September 15, 2008

The application process for Social Security benefits is pretty straight forward; applicants can call the local Social Security Office and set up an in person or phone interview.  The Social Security Claims Representative assigned to your case will provide answers to your questions and will process all of your paperwork.  Your claim will then be sent to Disability Determination Services (DDS).  Once your file reaches DDS, the medical decision will be made on your case.

The Social Security Claims representative will also decide what type of disability program you are eligible to draw benefits from - ongoing and past due benefits.  Benefits can come from Social Security Disability (SSD) or supplemental security income (SSI).  Under certain circumstances, a claimant may have a concurrent SSD claim and can receive beneifts from both programs.

If you have applied for Social Security benfits and you have been denied, contact Micah Adkins for a free consultation.  There is never a fee to file an appeal, unless we recover. 

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