California Social Security Disability Attorney Blog

Recent wildfires in Glendale and Ventura County have made air quality especially difficult for those with breathing sensitivities in numerous parts of Los Angeles County.

Los Angeles Social Security Disability Insurance Lawyer Vincent Howard of HOWARD LAW understand that the South Coast Air Quality Management District has announced that the smoke is adversely impacting the air quality for numerous regions in the area, which is already known for struggles with smog and other air pollutants.

People who are battling emphysema in the Los Angeles may be keenly familiar that the generally poor air quality in this area serves only to worsen their condition.

Emphysema sufferers may qualify to receive federal disability benefits, but it's worth noting that a simple diagnosis alone won't be enough to ensure them.

Emphysema is a chronic lung condition that occurs when the air sacs in your lungs are slowly destroyed. This makes it gradually more and more difficult for the person to catch a breath. Primarily caused by smoking, it is one of a group of conditions known collectively as chronic obstructive pulmonary disease (or COPD).

Emphysema is a condition that sadly never gets better, unless you are lucky enough to receive a lung transplant. Very few emphysema patients are healthy enough to undergo such an intensive surgery (though if you do go under the knife for this reason, you will be automatically granted disability benefits for at least a year).

However, treatment may help to slow its progression.

Individuals should seek treatment from a doctor if he or she is so short of breath that talking is difficult, fingernails or lips are turning blue, heartbeat is irregularly fast or mental alertness is diminished.

Many people who are diagnosed with emphysema go on to live productive lives by quitting smoking and undergoing regular treatments. However, sometimes the disease is so far gone that an individual may be incapable of continuing to work.

If you choose to pursue federal disability benefits, you would be well-advised to consult with an experienced disability lawyer to help you prove that your condition meets the rigorous standards for qualification.

As far as the Social Security Administration is concerned, it's a condition that is evaluated under the COPD listing, located in Section 3.02. The severity of your condition is based on your oxygen intake through measurements called forced expiratory volume (FEV) and your forced vital capacity (FVC).

So for example, let's say you are between 64 to 65 inches tall without your shoes. In this case your FEV would need to measure equal to or lesser than 1.25 FEV or an FVC that is equal to or lesser than 1.45.

The most common reason why people are denied disability benefits for emphysema is because they don't meet this threshold.

Even if you don't meet this requirement, however, you may still be eligible for benefits if your attorney, with the help of your extensive medical records, can show that the condition - or some combination of conditions - has affected you in such a way that you physically are unable to continue working. In this case, we would highlight your ability to do things like sit, stand, lift, communicate, focus - or anything else that might be required for you to continue to work.

Continue reading "Emphysema Sufferers in Los Angeles May Qualify for SSDI" »

About 4,000 disability claims that were partially or fully rejected in Queens by one of five specific administrative law judges will likely have an opportunity to have their case heard, following a federal appellate panel's findings indicating that the judges were systematically unfair.

Los Angeles Social Security Disability Insurance Attorney Vincent Howard of HOWARD LAW knows that this case will only involve a small portion of the overall number of claimants rejected since 1998. However, the timing of the recent U.S. District Court's decision regarding the Queens' cases is interesting because it follows more recent claims by a number of Social Security Administrative judges who said they've been forced to decide cases in favor of claimants due to time constraints.

Further, it just goes to show how much power these judges have in the success or failure of your claim. Some will inevitably be harsher in their assessment than others. You can't choose the judge to whom your case will be assigned, but with the help of an experienced SSDI claims attorney - someone who is familiar with each of the area judges and their style of ruling - you can have the peace of mind of knowing that your case is in good hands and your rights will be protected.

This case out of New York started with eight claimants whose disability appeals were denied by a group of five administrative law judges all based out of the same office. It was later revealed that this particular office had a denial rate that was twice as high as the denial rate in nearby Brooklyn. In the case of one judge, her denial rate was 90 percent.

The situation originally started out as a complaint directed to the administration's then-director, Michael Astrue. However, it later morphed into a class action lawsuit, which includes thousands of individuals who claims were at least partially rejected by one of these five between 2008 and present.

These claimants weren't originally taken seriously. Now, nearly a dozen years after filing that first complaint, a federal judge has given preliminary approval for a settlement agreement in favor of those who say they hit a "brick wall of bias" in their quest for a fair disability hearing.

These individuals were suffering from severe, debilitating conditions that rendered them unable to work. They were seeking desperately-needed financial assistance - which they had paid into during their years of working. And these judges, reportedly, would routinely reduce claimants to tears during a battery of harsh questioning, insults and brusque, unexplained dismissals.

Many of those who were denied were immigrants.

The federal appellate panel called one judge downright combative, adding that the kinds of tactics employed by these judges were not only unhelpful, they actually harmed cases by impeding the process of seeking the truth.

One of those judges has since been replaced.

Under the terms of the proposed settlement, the other four would be allowed to stay, but would be required to undergo retraining. And for the next two years, each decision they made would be closely monitored and reviewed.

The administration wouldn't have to admit any wrongdoing, but those whose claims were denied within the time frame established by those judges named would be allowed another hearing, this time before a different judge.

A final decision on the matter will be handed down July 24, 2013.

Continue reading "Some Rejected SSDI Claims May Be Eligible for Rehearing, Per Court" »

Maybe if politicians and talking heads are so concerned about reducing the federal disability rolls in America, we should consider scaling back the kind of medical advances that allows us to save lives and help people live longer.

Obviously, our Los Angeles Social Security Disability Insurance Lawyers know that this is a ridiculous proposal. However, it's a perfect example of how willing SSDI opponents are to turn a blind eye to the true reasons for the program's expansion in recent years.

Rather than accepting that there are valid reasons for why the disability rolls are rising and that more people are in fact disabled, many of those seeking to slash this important safety net are focusing on the small minority of individuals who exploit the system or commit fraud.

We have talked extensively in our Los Angeles SSDI Lawyer Blog about some of the key reasons why the number of those collecting benefits has increased. Primarily, that includes the aging of baby boomers, the increasing role of women in the workforce over the last 50 years and the lack of workplace protections that might prevent disabling injuries from occurring in the first place.

However, one area we haven't touched on much is the advances in medicine that allow us to live longer. You might not know it from reading headlines, but at no other time in history have Americans been healthier. A huge part of that is the availability of improving medications, illness detection, treatment and therapies available now that weren't available to the previous generations.

But while people may be surviving longer, that doesn't necessarily mean that they are able to continue working.

For example, let's say a sawmill worker is involved in a terrible accident in which his hands are severed. Many years ago, that same individual might not have survived due to a delay in getting him medical treatment or infection. That same individual, thankfully, would stand a better chance today of survival. But he still will not be able to continue working.

Other examples might be premature babies or patients who suffer from a stroke or heart attack. These individuals are more likely to survive today than they might ever have been before, thanks to advances in medicine. However, that doesn't necessarily mean they will emerge completely unscathed or without suffering residual effects that could amount to a disabling condition.

Additionally, consider the advances in medicine as they relate to soldiers. Military veterans are surviving combat at rates that are higher than ever before. Just in the last several years, the invention of the Infrascanner 2000 has allowed combat medic teams in war zones to immediately detect whether an individual has suffered brain bleeding following an incident, such as an explosion or vehicle accident. This kind of fast-acting technology, allowing doctors to immediately determine the extent of the brain trauma, will mean the difference between life and death.

But ensuring a person with a brain injury survives and ensuring he or she is able to work are two different things.

While soldiers will have access to military benefits through the Department of Veterans' Affairs, they may also be eligible for private SSDI benefits as well.

Continue reading "Medical Advances Spur Increase in Federal Disability Claims" »

Los Angeles Social Security Disability Insurance Attorney Vincent Howard of HOWARD LAW knows that when it comes to the protection of your assets, Americans are pretty good about making sure they are insured.

Everything from your home to your automobile to your jewelry. Some of it is required by law. Some of it is because you know it's simply the smart thing to do.

But one of the things that we find so many people don't do is insure their ability to work. This is deeply unfortunate because the sad fact is, according to the Social Security Administration, more than a quarter of all 20-year-olds today will become disabled at some point before they reach the age of 67, when they can retire.

If a disease renders you unable to work early on in your career, those lost wages are inevitably going to add up to more than you would ever lose if your car had been totaled and possibly even if you lost your house in an earthquake or other natural disaster.

Think of it this way: Let's say you earn $50,000 annually. Over the course of two decades, we're talking $1 million.

Many people simply assume that federal government benefits will kick in if they are truly unable to work. But it's worth noting that these benefits aren't necessarily a given. Usually, you have to fight aggressively for them, with the help of an experienced SSDI lawyer.

Even when they are awarded, the benefits are intended to be a lifeline, not a lifestyle. That is, if the only income you have is through SSDI, you are going to be living right at the poverty line. Considering that you most likely won't be able to collect unemployment benefits and you almost certainly won't be able to work while collecting disability benefits (without committing fraud), one of the best ways to boost your income is through disability insurance.

Of course, hindsight is 20/20, and by the time you're already disabled, it's too late for that.

This is why we want to get all healthy, working people thinking about doing so now. Even if you later end up applying and receiving federal disability benefits, your private insurance benefits can make the transition much more comfortable for you and your family.

As of this spring, the average disability payment panned out to roughly $1,130 monthly. According to the Los Angeles Housing Department, the average rent for a two-bedroom apartment in the city is somewhere between $1,020 and $1,600 monthly. Even a studio apartment in the city costs $956 monthly, which the city calculates to mean you would need a monthly income of $3,200 to afford rent for a studio apartment.

Beneficiaries might qualify for Section 8 fair market rents, but even then, a studio apartment would cost $674 monthly, meaning you would need a monthly income of $2,250 to afford it.

As you can see, that $1,130 a month is only going to go so far. For most who receive it, it's critical, but it's usually not enough.

Plus, it's worth noting that if your disability lasts less than a year, you wouldn't qualify for SSDI anyway. However, you wouldn't have to get far behind if you had private, short-term disability insurance. Private, long-term disability insurance will put you in an even stronger financial position.

There are a few ways you can do this. The first and usually the most common is through a group disability plan. These are typically offered through an employer. Most of the time, these benefits won't cover the cost of replacing your full paycheck, but rather about 60 percent. Still, that might be enough to keep you afloat until you can secure your SSDI benefits.

You might also opt for a supplemental disability plan, in which you would pay an extra monthly fee to have that paycheck replacement coverage boosted to 80 percent.

Continue reading "Los Angeles SSDI Lawyers Urge Consideration of Private Coverage" »

A piece of Social Security Disability Insurance legislation recently proposed by a Texas Republican is not only unnecessary, it may be harmful to those who are struggling financially while awaiting a decision on their claim.

H.R. 1502, the Social Security Disability Insurance and Unemployment Benefits Double Dip Elimination Act, would render a person ineligible for disability benefits for every month that he or she collected unemployment benefits.

Los Angeles SSDI Lawyer Vincent Howard of HOWARD LAW know that this bill is basically a waste of time, but it does have the potential to do harm.

First, we have to understand the relationship between these two types of federal benefits - unemployment and disability.

As we recently discussed in our Disability Lawyers Blog, the purpose of disability benefits is to provide income to individuals who are rendered unable to work as a result of a disability. The benefits could be temporary, if the underlying medical condition improves, or it could be permanent, if it does not.

Meanwhile, unemployment benefits are temporary, and they are awarded to individuals who want and are able to work, but can't find employment.

There is technically nothing barring a person who collects one benefit to collect the other. However, we generally advise against having SSDI claimants collect unemployment while they await a decision on their claims. The reason is because acceptance of the two benefits imply two conflicting claims: one, that you are able to work, the other, that you are not.

This is information that the Social Security Administration's reviewer is almost certainly going to uncover in the course of deciding whether to approve your claim - and it doesn't look good for you.

We certainly understand that many people struggle financially - sometimes desperately - while they await for their claims to be approved. But all of it might be pointless if they are collecting conflicting benefits that could botch the entire thing anyway.

Which brings us to the proposed House legislation.

Rep. Johnson, Chairman of the Ways and Means Subcommittee on Social Security, claims that H.R. 1502 would save approximately $1 billion over the course of 10 years by barring people from receiving both benefits at the same time.

As we mentioned before, it's highly unlikely for someone receiving unemployment benefits to be awarded SSDI in the first place. And someone who is already on SSDI would likewise have a very difficult time being awarded unemployment.

There may undoubtedly be exceptions to the rule, but we have serious doubts regarding whether those exceptions would add up to more than $1 billion over a decade. As it stands already, a number of states require individuals who collect unemployment and then receive retroactive payments from SSDI during that same time frame to repay those unemployment benefits.

It's worth noting that President Barack Obama proposed a similar measure in his FY2014 budget.

HR 1502, which has 19 co-sponsors, has been referred to the House Committee on Ways and Means after it was introduced, but so far hasn't moved from there.

If it were to pass, it would be come effective December 2013.

Continue reading "H.R. 1502 Targets SSDI Claimants Who Collect Unemployment" »

May is Lupus Awareness Month, and Los Angeles Social Security Disability Insurance Lawyer Vincent Howard of HOWARD LAW is dedicated to helping to raise awareness about this mysterious and devastating condition, for which there is no known cause or cure.

The Mayo Clinic explains that lupus is a type of immune system disease characterized by chronic inflammation. It's basically a condition whereby your immune system attacks your own organs and tissues. It could affect a number of different body systems simultaneously, including skin, joints, blood cells, kidneys, lungs, heart and even the brain.

It's tough to diagnose because many of the symptoms are so similar to other kinds of conditions. Additionally, lupus has many different variations, and it tends to affect people differently.

In fact, no two case of lupus are going to be exactly alike.

Some of the more common symptoms might include:

• A rash shaped like a butterfly on the cheeks and bridge of nose;


• Joint pain and swelling;


• Lesions on the skin that get worse with exposure to the sun;


• Toes and fingers that turn white when stressed or when cold;


• Chest pain;


• Shortness of breath;


• Dry eyes;


• Fever or fatigue;


• Memory loss, headaches and confusion.

Not everyone is going to be considered disabled solely by virtue of a lupus diagnosis, but often, diagnosis is the first step in the process of applying for disability.

The administration addresses lupus in Section 14.02. Specifically, reviewers are going to be looking at whether your condition meets the following criteria:

• Does it involve two or more organs or body systems, one of those with at least a moderate level of severity and two constitutional signs or symptoms such as fever, involuntary weight loss, severe fatigue or malaise?


• Does it involve repeated manifestations with at least two of those constitutional signs or symptoms mentioned earlier, as well as accompanied by limitations of daily living activities, social functioning and/or troubles with completion of tasks due to struggles with pace, persistence or concentration?

However, even if you don't exactly meet this criteria, our skilled disability lawyers can help you determine if there are other ways you might be eligible. For example, even if you don't meet this exact definition, we might be able to show that your ability to function at work has been so significantly diminished as to render you disabled.

In a lot of cases also, people with lupus may also be struggling with multiple health problems. So while this one condition alone may not qualify you for disability benefits, the effect of these conditions combined means you will be unable to work.

Continue reading "Los Angeles SSDI Lawyers Support Lupus Awareness Month" »

A group of researchers at the University of Pennsylvania's Center for Technology Transfer are hoping to develop a diagnostic test that would more quickly and accurately diagnose epilepsy.

Los Angeles Social Security Disability Insurance Attorney Vincent Howard of HOWARD LAW knows that this will be critical for the roughly 3 percent of the U.S. population affected by this condition, which is characterized by the general tendency to have seizures.

Seizures are bursts of electrical impulses in the brain that escape normal limits and result in uncontrolled activity, such as muscle convulsions or twitches. Although most people think of seizures as convulsions, there are actually a number of ways in which a seizure could manifest. This include staring, fumbling with simple motor tasks or falling.

It more commonly affects young children or the elderly, but onset can happen at any time and for a myriad of different reasons.

In some cases, people suffer up to 100 seizures daily - which clearly impacts a person's ability to function normally in a job setting.

Although epilepsy is listed as a qualifying condition under SSDI impairment listing 11.02, it can be difficult to diagnose - and benefits can be tough to obtain without that diagnosis.

The researchers at the Epilepsy Center at the Perelmen School of Medicine indicated that many other conditions share similar symptoms. Many times, it's confused with psychogenic disorders, which are characterized by spells of fainting.

An accurate diagnosis sometimes involves a $10,000 bill for a battery of tests that include MRI scans and EEG monitoring.

Scientists are working to establish a more reliable - and cheaper - blood-based diagnostic test that would focus on the lowered presence of an anti-inflammatory protein in the brain. Epilepsy sufferers tend to run low on this protein. The group is petitioning the National Institutes of Health to carry out this grant.

In the U.S, it's estimated that some 2.2 million people are epileptics, according to the Centers for Disease Control and Prevention. Unfortunately, we don't know what causes it, but we do know that there has been some speculation that it could be related to head injuries, oxygen deprivation or stroke.

The most easily recognizable seizures are grand mal. Usually, they begin with a stiffening of the arms and legs, followed by jerking motions and then convulsions that last as long as 3 minutes.

Then there are partial seizures, in which only one side of the brain is affected. So the person could be fully aware of what is happening, despite being unable to control it. In some cases, individuals may mumble, fumble, smack their lips or wander. They might appear to be conscious, but in fact they don't know what's happening.

Some people with the condition may require a special helmet to protect their heads in the event of a seizure. In most states, you can't drive a vehicle if you haven't been seizure-free for some time, and even simple takes such as bathing could potentially be life-threatening, since seizures could strike without warning.

Under the administration's definition of disability, a person suffering from epilepsy that is documented by a detailed description of the seizure pattern is eligible for disability if those seizures occur once monthly, despite strictly following prescribed treatments for at least three months.

Continue reading "SSDI for Epilepsy Will Depend on Type, Frequency, Duration of Seizures" »

A new report from the Social Security Administration reveals that the number of people on disability has risen sharply, with nearly 77,000 enrolling in the Social Security Disability Insurance program last month.

Our Los Angeles SSDI attorneys understand that some 300,000 have been granted benefits since the beginning of the year, bringing the total to more than 8.8 million, with is an increase of about 1 million over the course of three years.

Of course, we recognize that many are going to skew this information, insinuate that this is clear evidence of fraud and abuse and take advantage of an opportunity to say that benefits should be significantly reduced.

The reality is that these increasing numbers reveal an increasing need. What's more, this alarmist take on the issue is growing tired. The fact is, we saw this coming many years ago.

This is not about fraud or people exaggerating their medical conditions. This is about America having more people suffering from disability. Part of it is that we have a population that's aging. Another major part of it is we have a workforce that increased significantly as women began to enter it in droves in the mid-20th century.

Older workers are inevitably going to have higher rates of disability. That's just reality. The average age for those awarded benefits is between 48 and 51.

That doesn't mean some urgent action isn't required, as neglect of the program is how we got to this point in the first place. However, cutting benefits is so clearly counterintuitive when doing so is going to end up costing us more in the long-run with people who end plunging beneath the poverty line and homeless.

Critics say that those who begin receiving SSDI rarely go on to re-enter the workforce. They rarely go on to point out that a big part of that is because those who are successful in obtaining benefits are deemed to have severe conditions that have rendered them totally unable to work. Many of them are terminally ill. Their conditions are progressive, meaning they won't get better, meaning going back to work simply isn't an option - whether they are receiving disability benefits or not.

Others point out that the types of claims have changed, with many more people receiving benefits for conditions that may be tougher to prove, such as musculoskeletal problems, severe chronic back pain or mood disorders such as major depressive disorder. However, the fact that it's tough to prove doesn't mean it doesn't exist or that it's any less debilitating than a disease than a condition that will clearly show up on an X-ray.

What it actually means is that these individuals are going to have a tougher time getting the benefits they need. In fact, without the help of an SSDI attorney, most claimants will be denied on their first and possibly even second appeal.

The Office of the Inspector General last year issued a report saying that fraud within the SSDI program was not major problem. Does it happen? Sure, and there may be ways upon which the oversight could be improved. But Congress has denied requests for increased funds to increase quality control reviews after benefits are granted.

However, making it even harder for people who legitimately need benefits to obtain them would be disastrous.

Continue reading "Report: SSDI Recipients Reach Nearly 9 Million Nationally" »

To NPR's credit, when its series on Planet Money regarding the Social Security Disability Insurance system received harsh criticism, it didn't shy away.

Instead, a post was created offering links to many of the experts and outlets contradicting what had been reported.

Our Los Angeles Social Security Disability Lawyers were among the story's detractors. So too were a group of former Social Security Administration commissioners, the Consortium for Citizens with Disabilities and Harold Pollack of the University of Chicago School of Social Service Administration, among many others.

We previously reported on a couple of those responses in the first part of our blog series.

In the interest of ensuring that our readers can get a full grasp of the counterpoints, we wanted to now highlight some of the points made by a group of the administration's former commissioners, who penned an open letter after the NPR story was published.

The commissioners - including Kenneth Apfel, Michael Astrue, Jo Anne Barnhart, Shirley Chater, Herbert Doggette, Louis Enoff, Larry Massanari and Lawrence Thompson - wrote that they felt compelled to offer up their unique insights because they more than most are aware of how dangerous it can be when the media offers up mischaracterization of disability programs through "sensational" accounts.

They pointed out that no one is actually served by this and in fact, vulnerable beneficiaries may actually suffer.

While one-fifth of Americans are living with some type of disability, only the most severe of those actually qualify to receive disability benefits under the Social Security Act, the commissioners said. Most of the people who receive benefits have multiple impairments, and many are in such bad health that they have been given a limited number of months or years to live.

Many attempt to work, and some of them do so part-time - though two-thirds of those who worked in 2007 pulled in less than $5,000 for the year. Without these benefits, these people - who have a work history and have paid into the system - would be homeless or they and their families would go hungry.

The reality is that NOT having this lifeline available to disabled workers would be more costly in the end than this current expansion. The commissioners acknowledge growth of the program over the last three decades, but point out that it was anticipated for years, despite NPR's characterization that this was some sort of sudden explosion.

The former commissioners indicated that not only are the approval standards strict, they became more so in 1996, requiring extensive documentation and medical evidence at every single level of the application process.

Even many children are denied benefits, unless they are among the most severely impaired.

The commissioners say that managing the system is at times difficult and they anticipate some level of error. There will inevitably be people who receive benefits who probably should not. But for every one of those, there are probably a dozen more who really need them and will be denied.

The commissioners closed their letter by saying that they were concerned that the NPR story had failed to tell the entire story, and had done real damage by perpetuating already pervasive myths about the program and those who so desperately need it.

Continue reading "Social Security Disability Debate Continues After NPR Story: Part 2" »

The responses from NPR's series, "Unfit for Work, The startling rise of disability in America," continues to spark debate more than a month after it first aired.

Los Angeles Social Security Disability Insurance Attorney Vincent Howard of HOWARD LAW knows that a great deal of the response has been generated by those who have studied the issue or are intimately familiar with it - and wish to set the record straight.

First, a little background:

The Planet Money series focused differing segments on SSDI and also Supplemental Security Income, with a special spotlight on the benefits provided to families of small children with disabilities.

Even though we know that SSDI benefits are a modest - but vitally important - lifeline for millions of Americans, the reporter of this piece went so far as to call the program a "deal," inferring that individuals could "sign-up," as if this were a choice rather than a move made of desperation.

The series made a big deal about the fact that disability rolls have climbed and that there are significant disparities in the amount of benefits received by some geographic areas as opposed to others.

But the series failed to fully address the truth of why these things are. It has to do with an aging baby boomer population and the fact that some areas are more economically depressed. That latter part means people tend to be less educated, work in occupations that are more prone to cause a disabling condition and have fewer options with regard to other types of work.

We weren't the only ones to take NPR to task for their misleading coverage of the issue.

One of those is Harold Pollack, a fellow with The Century Foundation. In a blog addressing the inadequacies of the story, Pollack said that many important issues were left unexplored. For example, the writer failed to address:

• Low employment rates among applicants who are denied;


• The huge number of people who are wrongly denied benefits;


• The plight of people who are sick and hemorrhaging money while they're waiting for the process to plod along;


• The problems of those stuck on Medicare's waiting period.

In exploring the issue of child disability, the NPR story notes that the number of children receiving benefits has risen substantially. When you look at this out of context, it appears we may have a real issue. But then you consider that until the early 1990s, a lot of children and their families who desperately needed financial assistance couldn't get it due to the fact that the methodology for determining child disability under the program wasn't consistent with the Social Security Act. It wasn't until the U.S. Supreme Court decision of Sullivan v. Zebley in 1990 that we saw this change.

And this idea that people are simply transitioning from welfare to disability? It's simply not true.

Look at the study conducted by University of Michigan population studies researchers tracking a group of economically depressed women between 1997 and 2003. These were women who were long-term welfare recipients, poor and faced a variety of personal and financial obstacles. They lived in areas that were severely economically depressed and had few opportunities to escape poverty. By the close of the study frame, just 37 women out of 532 ended up on either SSDI or SSI. A total of 115 had applied. Yet, this is supposedly an "easy" benefit in a "lax" system?

For more responses to NPR's series, check back to our next Los Angeles Disability Lawyers Blog.

Continue reading "Social Security Disability Debate Continues After NPR Story: Part 1" »

Los Angeles Social Security Disability Insurance Attorney Vincent Howard of HOWARD LAW is familiar with the falsehoods and vitriol that is regularly circulated when it comes to the value of the SSDI program and who benefits.

Much of it is narrow-minded and riddled with inconsistencies and misunderstandings.

Recently, Debra Shifrin, the president of the National Organization of Social Security Claimants' Representative penned a thoughtful response, which was published in the Cleveland Plain Dealer in her native Ohio.

She notes that while this program provides life-sustaining funds necessary to allow some 14 million disabled workers to afford the very basic life expenses, it has been under attack. Politicians, media pundits and others have attempted to paint a picture that reveals SSDI recipients as living lavishly, eating potato chips and soaking up reality television all day on their big screen, while the rest of us work hard to allow them to do this.

But this picture couldn't be farther from the truth.

As Shifrin and I both know, having represented Social Security Disability claimants for many years now, the truth is the people collecting these benefits are your neighbors.

It's the co-worker who was in a terrible car accident and suffered serious brain injuries that impacted her vision and memory skills.

It's the landscaping entrepreneur who developed severe back injuries as a result of the repetitive physical labor. He tried working as a clerk at a local retailer, but that job still required movement and minor lifting that proved excruciatingly painful.

It's the single mother who works as a manager at a local restaurant and has endured several bouts of treatment for an aggressive and recurring malignancy.

A lavish life?

Consider that the average SSDI beneficiary receives about $13,000 annually. That is barely above federal poverty rates.

SSDI benefits allow these people to stay in their homes, to feed their families and provide other very basic necessities.

It's a critical lifeline, a last resort.

And let's not forget, these are individuals who have paid into the system. Beneficiaries can only collect if they have been contributors. The program is self-sustaining that way. This is not a hand-out.

From the outside looking in, sometimes a disability might not be obvious, so it's important not to judge. In some cases, we've had clients who have tried to work despite a debilitating injury - only to worsen their condition.

The process necessary in order to be awarded benefits is long and arduous and it involves an intense period of medical examinations, mountains of paperwork and a system that is critical of your every statement. No one is simply taken at their word. Every claim must be backed up with extensive documentation, witness testimony and sometimes even photo and video evidence.

Contrary to what some may believe, it's not simple and it's not easy. Most are denied right out of the gate. That's why having an experienced attorney is so valuable, because if you've never been through the process, it can be incredibly daunting.

Yes, SSDI rolls have increased, but that was something that was anticipated for years with the aging of the baby boomer population. To characterize it as something negative or somehow indicative of a culture of increasing laziness is not only unfair, it's wrong - and that kind of misconception has the very real ability to harm those very neighbors you care so much about.

Continue reading "Los Angeles SSDI A Critical Lifeline to Beneficiaries " »

A federal lawsuit, filed by a number of Social Security Disability Insurance administrative law judges, claims that they are being forced to approve claims they might otherwise deny because they are under pressure to clear the backlog and keep pace with the influx of claims.

if this is happening here in California, it's news to Los Angeles Social Security Disability Insurance Attorney Vincent Howard of HOWARD LAW. The reality is that here and throughout the country, the Social Security Administration continues to report that the vast majority of claims are denied during the first round of reviews.

Having a claim approved that soon usually involves a clear, very serious and well-documented medical condition that substantially limits a person's ability to carry out basic functions. Sometimes, disability claims are no less legitimate than those, but the claimant has a tougher time proving it. In almost all situations, having an experienced attorney advocating for you is going to boost your chances.

But regardless, judges should be deciding claims on the basis of merit. If a few are acting outside of what the law or ethics would permit, it seems they are the ones who should be held accountable.

However, the judges say they have little choice. They know they may be erring, but are having a tendency to err in favor of the claimant, rather than risk denying a claim of someone who may really need it.

According to The Associated Press, the judges say they are expected to make a ruling on between 500 and 700 disability cases annually. On average, that essentially breaks down to about two each day.

The judges claim this directive, handed down by the Social Security Administration, is illegal and unreasonable. The president of the Administrative Law Judges was quoted by the reporter as saying that judges too often feel pressure to simply "pay the case."

Part of that also has to do with the fact that approval of a case requires a roughly three-page response. On the other hand, denial of a case is more in-depth, sometimes requiring a response that stretches 15 to 20 pages.

The lawsuit does raise significant questions as to the program's integrity.

The suit, which names the administration's acting commissioner, was filed by the judge's union.

Previous Commissioner Michael Astrue, who recently finished a six-year term, said the union's claims are off-base. He said the truth of the matter is that the unions don't want member accountability. He went on to further state that this same story has been spun by the union before, but it's false and he believes the agency will be vindicated in federal court.

He said this case is about a small number of "malcontents" who want to take their bosses to court rather than do the work they are paid to do.

Although the judges are hired by the administration and are on its payroll, they are supposed to act impartially during proceedings. There are about 1,500 administrative law judges throughout the country, with the union representing about 1,400 of them.

In 2012, more than 3 million people applied for disability benefits, which was about 25 percent more than what we saw 10 years ago. However, what critics often fail to take into account is that we've got an aging baby boomer generation - more prone to disabling injuries and medical conditions - as well as an increase of female workers and a continued lack of government oversight in the realm of workplace safety.

The administration reports that the average length of time for an administrative law judge review - the second phase after an initial rejection - is more than 370 days.

Continue reading "Are SSDI Judges Approving Claims to Clear Backlog? " »

A report recently released by the Center for Progressive Reform suggests that health and workplaces safety regulators need to do more to protect temporary workers from workplace hazards.

Los Angeles Social Security Disability Insurance Attorney Vincent Howard of HOWARD LAW knows that these workers, sometimes referred to as "contingent workers," are some of the most vulnerable in this country. They are tapped to perform work that is both undesirable and hazardous. They often lack the same kind of health insurance benefits offered to full-time or non-seasonal workers - including workers' compensation. Many times, their employers cut corners with regard to safety standards that should otherwise be in place.

Over the last 20 years, the number of temporary workers has exploded. The U.S. Bureau of Labor Statistics reports that it has more than doubled, reaching more than 2.5 million today. Numerous research findings show that these individuals suffer injuries - many of them serious - at a much higher rate than other workers.

The type of industries where we are most likely to find temporary workers are:

• Farming;


• Warehousing;


• Construction;


• Hotel services.

One case that was brought to light by the CPR research was that of an Illinois worker assigned to a chemical plant by a temporary staffing company. He was instructed the first day to clean a large chemical tank. However, he was given little instruction and improper safety gear.

At some point during his day, he was suddenly sprayed with a near-boiling mixture of acid and water. He was severely burned on over 80 percent of his body. As if this wasn't bad enough, the U.S. Occupational Safety & Health Administration failed to contact emergency crews. From the time of the incident to the time he arrived at the hospital, more than an hour-and-a-half had passed. The worker died in the hospital several weeks later.

The CPR report recommends that OSHA begin conducting enforcement checks on companies known to use temporary employees. Additionally, the researchers determined there should be a clear set of rules that should be issued that would ensure temporary laborers get the right amount of training and protective equipment.

Additionally, the center urged OSHA to rethink its Voluntary Protection Program. Through this initiative, companies can make themselves exempt from routine OSHA inspections by qualifying as a model workplace. However, deaths and injuries that are entirely preventable continue to happen at these sites as well. Despite that, these companies face very few consequences when that happens.

And finally, the last recommendation was that when it comes to some of the most dangerous work, companies should perhaps not be using a huge number of temporary workers. When firms have an investment in their employees, they are more apt to take steps to keep them safe.

Continue reading "SSDI Lawyers Urge Boosted Temporary Worker Protections" »

Our Los Angeles Social Security Disability lawyers lament the fact that while injured and disabled workers collecting benefits continue to be the subject of intense criticism in the discussion on our national debt, those agencies charged with preventing disabling injuries often fall short - and face little scrutiny as a result.

As we mentioned in our previous blog entry, Improve Worker Safety, Part 1, of particular concern is the failures of the U.S. Chemical Safety Board, as highlighted by a recent investigative expose conducted by the Center for Public Integrity. The whole issue has become particularly poignant in the wake of the explosion at the Texas fertilizer plant.

It is believed that a chemical called ammonium nitrate was responsible for that blast, though officials have indicated its presence was not properly reported to authorities in the first place. Nearly 70 years earlier and just a few miles from the blast site, another industrial explosion - also linked to ammonium nitrate - killed more than 580 people and wounded some 5,000.

The fact that we are seeing history repeat itself makes it clear that not enough is being done to protect our workers from the kinds of serious injury that we know causes long-term disabilities.

The chairman and managing director of the CSB says that the agency is stretched very thin, with an annual budget of just $10.55 million, which allows them to only choose a portion of the 200 or so high consequence incidents that occur every year to investigate. The chairman says he has repeatedly asked the government for an increase in fund and at least one satellite office, so they could begin taking on more cases and playing a more proactive role. So far, that hasn't happened.

The board currently has 20 investigators, which is more than it had just a few years ago, and a total of 39 people on staff. However, when the budget is adjusted for inflation, it's basically been flat since 2008.

Compare that to the National Traffic Safety Board, after which the CSB was modeled, which has a staff of more than 400 and a budget of more than $100 million.

Investigations into serious work accidents have been taking longer. For example, in the spring of 2005, an oil refinery in Texas suffered an explosion, resulting in 15 deaths and more than 180 injuries. That investigation was cleared in less than two years.

Three years later, another blast at a sugar plant in Georgia resulted in 14 deaths and 36 injuries. That investigation took almost two years.

Today, we have cases that have been open three to five years, with no final report.

While in 2006, the board produced three case studies, three full reports and three safety bulletins, six years later, that had changed dramatically, with just two case studies. So far in 2013, it's produced one case study and one full report.

The board has promised that the incidents into which it is looking are extensive, their efforts exhaustive - and the final reports should reflect that.

But in the meantime, these kinds of workplace safety issues continue to happen across the country.

If our leaders truly want to reform SSDI and reduce the number of former workers collecting benefits, they can start by investing in improvement of worker safety standards and procedures. That means fully backing efforts to thoroughly investigate fatal incidents such as these in a timely manner, to ensure companies stop making the same mistakes over and over again.

Continue reading "Los Angeles SSDI Lawyers: Improve Worker Safety, Part 2" »

A fertilizer plant explosion in Texas recently claimed the lives of 35 people, including 10 first responders, and injured another 160 people.

Los Angeles Social Security Disability Insurance Attorney Vincent Howard knows that at this point, it may be too early to tell whether any of those injured will be able to work again or if they have suffered lifelong, permanent disabilities.

What we do know is that for all the talk about reducing long-term disability rolls, this case is a perfect example of why the emphasis should be placed on workplace safety, as opposed to cutting benefits to those workers who need it most.

In the first of this two-part series, we wanted to take some time to explore just how lacking our regulatory worker safety controls actually are.

The Center for Public Integrity has been involved in an ongoing series of investigations on workplace safety, with one of those focuses being on the actions and inaction of the U.S. Chemical Safety Board.

This is an independent agency charged with issuing safety recommendations and investigating chemical accidents. It has recently launched one into the Texas fertilizer plant explosion.

Yet there is little hope that this investigation will go anywhere in terms of holding anyone accountable. Just look at the agency's prior record.

More than three years ago now, an oil refinery in Washington was the site of a chemical explosion, where five workers were killed instantly. Two others were severely burned, and later died as well.

You may remember little of that incident because just two weeks later, the news cycle was dominated with the explosion on the Deepwater Horizon rig in the Gulf of Mexico. There, 11 workers were killed and several more injured.

In both cases, the CSB opened investigations, which in theory would provide answers as to why these incidents occurred and offer future recommendations as to what could be done to prevent future incidents. Both of those investigations remain open.

Critics say this is typical of the kind of action that can be expected from this board. In fact, a former member of the board was quoted by the reporter as saying the agency is "grossly" mismanaged.

The agency seems to have significantly tapered off its safety bulletins, case studies and accident reports over the last eight years. As it now stands, the board has 13 open investigations, with one of those more than five years old.

There is some government action on this front, as the inspector general for the Environmental Protection Agency has launched an investigation into the investigative processes of the board.

Members of Congress have called on the agency to do more, saying the injured workers and the families of those lost deserve better.

However, as the report indicates, the government's lack of investment may be as much to blame as anything else.

While politicians continue to blame the workers who are seeking disability benefits, it seems protecting those workers from potentially disabling situations fails to be of paramount importance to our elected leaders.

Continue reading "Los Angeles SSDI Lawyers: Improve Worker Safety, Part 1" »