California Social Security Disability Attorney Blog

Getting a denial letter from the Social Security Administration regarding your disability benefits application can be absolutely devastating.

But too often, people simply assume that's the end of it and give up.

In many cases, they did not have a lawyer on their side in the first place. It's not too late to rectify that mistake.

Los Angeles Social Security Disability Insurance Attorney Vincent Howard of HOWARD LAW recognizes that approximately 65 percent of all first-time disability applications are denied by the administration. That translates to more than 1.5 million denial letters every single year. What many people don't realize is that the first denial letter doesn't mean it's hopeless - even if you have waited more than a year for it. The denial is actually just the first step in a multi-step process, and a good number of those people eventually will end up getting benefits to which they are entitled.

But you can't give up. Having an experienced disability lawyer representing you often greatly improves your chances by helping you avoid some of the most common mistakes people make in the course of the process, and also helping you recognize what you will need to bolster your chances of success - be that more proof of the actual condition or more anecdotal proof of its effects on your ability to successfully complete every-day tasks necessary for you to work.

The very next step in the process following that first denial letter is an appeal. Understand first that this is not the same as re-applying for your benefits. In other words, you don't want to be sent to the back of the line and do it all over again. However, in order for an appeal to be considered, it has to be filed within two months of the denial letter, so you must act quickly. If you wait any longer than that, you will, unfortunately, have to start all over.

The good news is that if you do choose to appeal the denial, your chances of winning approval at the hearing level are better than they were during the initial application process. During an appeal, an administrative law judge will be assigned to evaluate your case. The Social Security Administration reports that approximately 60 percent of people whose cases are heard on appeal are granted benefits. Those chances can be boosted by as much as 15 to 30 percent when you are represented by an experienced SSDI lawyer.

Your appeal is going to involve the preparation of additional paperwork, as well as the potential to call witnesses to support your request. If part of the problem with your initial application was that you failed to provide enough information (and this can be easy to do if you aren't sure what is is the administration is looking for), you definitely don't want to make the same mistake twice.

You also need to understand that providing updates on your condition in the interim is key. Some people assume that they need to save up everything and wait until the day of the appeal to drop it all then. No - you need to be providing continues updates on any hospital or doctor visits, MRIs or CT scans. With a lawyer, you can assure that the information is getting to the appropriate examiner in a timely fashion.

The bottom line is that a denial letter isn't the end. However, failing to find someone to represent you afterward usually is.

Continue reading "SSDI Denial - Don't Give Up! " »

Los Angeles Social Security Disability Benefits Attorney Vincent Howard of HOWARD LAW knows that despite the sensational headlines that crop up occasionally, SSDI fraud is relatively rare.

However, when reports do arise, such as the recent case out of Wisconsin, would-be and current recipients should take note, as these scenarios sometimes involve avoidable mistakes. Sometimes, people believe they have to exaggerate their ailment in order to boost their chances for a successful claim. But many times, this doesn't work. Instead, such "white lies" hurt your credibility, which in turn can lead to a denial of your claim.This is unfortunate because in a number of these instances, the applicant would be eligible simply on the basis of what they are actually enduring. We would tell you from the outset if we believed your case wasn't strong enough to win.

Of course, those who blatantly lie or conceal information regarding their ailment in order to obtain government benefits should be prosecuted, as their actions have a negative impact on those who legitimately need help.

But honest mistakes - ones that could lead to a denial or loss of benefits - can often be avoided by working closely with an SSDI lawyer through the application process. Being totally truthful with your attorney, even if you think it might hurt your case, is critical. We know what elements the Social Security Administration will be closely scrutinizing, and we can help you effectively explain discrepancies or counter unfavorable evidence. But we have to know the whole story first. SSDI cases take a good deal of time to prepare, and a last-minute surprise could potentially kill your chances of winning.

In the Wisconsin case, doctors declared a 57-year-old man legally blind back in 2004. He then took steps to apply for Social Security Disability benefits, which he successfully obtained - $3,200 monthly. At the time, the recipient owned a distributing company, where he reportedly earned an annual $87,000 salary. However, he indicated to the Social Security Administration that his blindness had caused him to suffer an immense drop in income, down to less than $10,000 a year. The monthly benefits he got from the government were for support of the applicant, as well as his wife and two children.

However, as the government later learned through an investigation, the recipient was not actually legally blind. A federal investigator reportedly obtained a video of him in 2008, driving a vehicle to the Social Security office. He allegedly parked his car several blocks from the building and then walked the rest of the way, presumably to avoid being seen.

He also reportedly drove a snowmobile on several occasions.

Agents additionally learned that while collecting federal benefits, the man was running a number of businesses, which raked in hundreds of thousands of dollars a year. They allege that he purchased expensive jewelry for his wife, took his family on lavish vacations and out to pricy restaurants.

Officials say he was laundering money from one of his firms, and also evaded paying more than $175,000 in federal taxes.

He was federally indicted last March, but his trial isn't scheduled to proceed until April. It's possible the case may be resolved in a plea deal prior to that. His attorney alleges that the initial findings of blindness by the doctors was accurate, and that his client remains disabled, with his condition continuing to deteriorate over the last several years.

It's impossible to say without having more information whether the defendant is telling the truth. Certainly, he is innocent until proven guilty, and at this point, he has not been convicted. What we hope you take away from this is the importance of honesty throughout the process and even after you obtain benefits. Consequences for failure to do so could be severe.

If you are considering applying for disability benefits or are worried you may be at risk for losing the disability benefits you already have, call us today to find out how we may be able to help.

Continue reading "SSDI Fraud Rare, But Cases Should Prompt Caution" »

Los Angeles Social Security Disability Lawyer Vincent Howard of HOWARD LAW is closely familiar with the extensive backlog of disability cases handled by the Department of Veterans Affairs.

A recent report by Newsweek's online platform, The Daily Beast, in conjunction with the Center for Investigative Reporting, revealed that sadly, an increasing number of veterans are actually dying before their disability benefits and/or pensions are awarded.

While our firm primarily focuses on propelling claims for civilian federal disability benefits, it's important for veterans to know that they may actually be eligible for both. Your receipt of one will not affect the other. Depending on your circumstances, you may additionally also be eligible for SSI, which is awarded to disabled individuals who have limited resources and income.

While none of these processes tend to be speedy (unless you are diagnosed with a condition listed on the administration's recently-expanded Compassionate Allowances Conditions), you should avail yourself of all the benefits to which you may be entitled. One could be awarded faster than the others, which could help you maintain financial independence while you focus on your health.

As a retired E4 Specialist in the U.S. Army, Howard is particularly dedicated to aiding fellow veterans suffering from disabling injuries or illnesses.

According to the recent news article, the V.A. appears to be increasingly impotent when it comes to handling the large volume of new claims, mostly from soldiers returning from the recent wars in Afghanistan and Iraq. It's gotten so bad that as of the end of the fiscal year in September, the federal agency paid out nearly $440 million in benefits to the survivors of nearly 20,000 former soldiers who had died while waiting for disability benefit approval. These figures are especially stunning when compared to what they were just three years ago. In 2009, nearly $8 million was paid out to survivors of nearly 6,500 veterans who died waiting for their claims to be processed.

These numbers include older, WWII veterans who die without getting their pensions, as well as veterans of more recent conflicts, who have committed suicide in record numbers after their disability claims for PTSD are shot down.

There are also an increasing number of deceased veterans' survivors who are waiting on claims, for which they are hoping to be awarded retroactive benefits. There were approximately 3,000 survivors awaiting disability claims approval at the end of 2009, versus almost 13,000 survivors waiting at the end of last month. The actual number may in fact be much higher, as family members usually have to file additional documentation in order to keep the claim from expiring after the retired service member has passed away. Many are so grief-stricken or exhausted, they simply let it go.

As we've previously reported in our Social Security Disability Blog, almost 900,0000 veterans and their loved ones have been cooling their heals for an average of nine months for a decision on their claims. The wait is longer in bigger cities. Los Angeles has some of the longest wait times in the country, with veterans waiting an average of 1.5 years.

One point we do want to drive home to veterans is that while your V.A. disability claim might be predicated on whether your condition actually occurred as a direct result of an incident or series of incidents while in the service, SSDI is different. There is less of a burden of proof in terms of establishing what caused your disability. Instead, the focus is on proving that as a result of your disability, you have been left unable to work. This is particularly important for PTSD sufferers to understand. We don't want you to lose hope. We want you to know there are multiple options you may have available to you. We urge you to contact us to learn more about how we can help improve your chances of having your disability claim approved.

Continue reading "Report: More Veterans Dying Before Disability Benefits Approved" »

A police officer in Missouri made headlines after finally winning a lawsuit for private disability insurance benefits after years of being caught in a precarious financial limbo - barred from returning to work, and yet denied benefits.

Los Angeles Social Security Disability Lawyer Vincent Howard of HOWARD LAW is pleased to hear his bid was successful. We also would encourage people in similar situations to seek the aid of an attorney with experience in securing federal disability benefits as well, as you may be eligible to receive those too.

Private disability benefits won't impact your eligibility to obtain Social Security Disability Insurance benefits. Neither will Veterans Administration benefits, state and local government benefits or Supplemental Security Income (SSI). However, if you are getting workers' compensation or certain other forms of public disability, your eligibility for federal benefits could be negatively impacted. Checking with an SSDI attorney will help you determine whether the benefits you're seeking conflict and which course of action makes the most sense for your circumstances. It could be that you stand a better chance or to get a more sizable payout by tapping into other forms of assistance. You won't know until you ask.

While workers' compensation and some private disability plans require that you became disabled as a direct result of a job-related injury, SSDI doesn't work that way. You only have to prove that your condition - whatever the cause - is serious enough that it prevents you from doing the work you did before, as well as other types of work.

In this case, the officer had to file a civil lawsuit to get his private benefits. According to a local news outlet, the 40-year-old former sergeant had applied for disability pension after doctors working for the department determined he should not be allowed to continue working due to the fact that he was suffering from an extreme case of post-traumatic stress disorder.

He had worked at the agency fro 15 years. But seven years ago, he suffered a near-fatal shock while taking apart lights used for a marijuana grow house that had just been raided. In the aftermath of that incident, he began to suffer severe bouts of depression and fatigue. He also suffered from intense spells of nausea and tingling sensations.

He was seen by three doctors employed by the department. Two diagnosed him with Post-Traumatic Stress Disorder due to the incident. He couldn't work. This would have qualified him to collect his employer-funded disability benefits. However, a third doctor, who also determined the officer could not return to work, additionally indicated that the sergeant had been hired with pre-existing mental problems. On this basis, the department refused to grant him disability benefits.

But then on the last day of 2011, a judge ordered that the department's reasoning was inconsistent and flawed. He said it seemed that the pension board's determination was probably influenced by the fact that the sergeant was fairly young and seemed to be in good physical health. Such consideration, the judge ruled, is misplaced.

As a result, the officer has been awarded disability benefits, which will be retroactive to the time he left the department.

Although this man ultimately won in court, his case shows how difficult it can be to secure private disability benefits - particularly when the doctor whose opinion influences the final determination is employed by the benefit providers, who have a clear interest in limiting the number of successful claims.

Social Security Disability Benefits can be difficult to secure as well, but they are a lifeline to those who can no longer work due to their serious injury or illness. Call us today to find out more about how we can help.

Continue reading "Ailing Officer Wins Disability Benefits Lawsuit" »

The election may be over, but the political pressure to slash Social Security Disability Benefits seems only to have intensified.

Many politicians and advocacy groups have characterized the program as bloated, with undeserving recipients clamoring for an easy hand-out.

Los Angeles Social Security Disability Lawyer Vincent Howard of HOWARD LAW know that such portrayals couldn't be further from the truth. First of all, people who receive benefits under this program have paid into it with taxes deducted from their paychecks after years of working. Secondly, these are individuals who almost without exception would work if they could. A crippling disability can strike anyone at any time. And thirdly, these benefits are neither sizable nor easy to obtain. They provide recipients the means to get by, and they are only granted after a lengthy process of intense scrutiny from the Social Security Administration.

In fact, with more than half of all first-time SSDI applicants turned down, successful bids more often than not involve the work of an experienced disability benefits attorney working on behalf of the applicant - ensuring documentation and any accompanying testimony is thorough, appropriate and timely.

And yet, demands for deep cuts to the program are seemingly incessant. Most recently, an editorial in Bloomberg News calls for slashing this "entitlement" program. (The term "entitlement," by the way, serves to paint recipients as petulant, spoiled children, as opposed to hard-working citizens who are suffering from a serious injury or malady.)

The editorial points to the fact that the program cost taxpayers $124 billion last year, which is nine times what it was in 1970. True, there were more than 10 million beneficiaries in 2011. However, what the piece fails to take into account is that we have more workers than ever before. Women were not nearly as prevalent in the workforce in 1970 as they are now. The program has only grown slightly in relation to the the growth of the overall workforce. More people paying into the program means the pool of potential beneficiaries has expanded. Plus, that $124 billion figure fails to take inflation into account.

The editorial goes on to say that those who enter the disability program rarely leave, and that the administration doesn't conduct enough reviews of older cases. While there is a sizable backlog for reviews, cases are scheduled for review on a periodic basis, depending on the severity of the recipient's disability. The administration is always seeking ways to trim their rolls, so rest assured if there is even a hint that you are no longer disabled, the administration will act on it. In these cases, too, people often turn to a disability benefits attorney to help them hang on to the benefits they so desperately need.

The argument that too few people leave the program additionally fails to consider that those who receive benefits are genuinely and often profoundly ill. The eligibility criteria requires that a person have a serious, life-impairing ailment that has lasted or is expected to last at least one year and/or is likely to result in your death. Most recipients never leave the program because they are gravely ill to begin with. Often, they have waited up to several years and endured multiple rounds of appeals just to be awarded benefits in the first place.

Another argument is made that federal laws passed in 1984, which altered eligibility requirements from a list of specific disabilities to instead considerations of a person's ability to work, have made it too easy to obtain benefits. But again, this is not a fast or easy process. And the updated rules were enacted to make it more equitable. Someone who paid into the system and subsequently suffered a medical issue rendering them unable to work should have access to the benefits - period. While there are almost certainly measures the administration could take to accelerate and streamline the determination process, deciding these situations on a case-by-case basis makes the most sense in terms of fairness.

No doubt, we will continue to hear these calls for reform. The administration is hyper-sensitive to this talk, and as such, is doing all it can internally to reduce costs - and that often means making it difficult for new applicants to obtain benefits. Call us today to learn more about how we can help improve your chances for approval.

Continue reading "Calls For Social Security Disability Reform Get Louder" »

For those just beginning to contemplate applying for federal disability insurance benefits, it can be tempting to try to press forward on your own. After all, there is nothing to stop you from doing so, it will probably take you a little less time and you'll save the money on attorney fees.

But you aren't likely to succeed - and it could take you a year or more of trying to find that out. In fact, more than half of all first-time SSDI claims are denied. Los Angeles Social Security Disability Insurance Benefits Attorney Vincent Howard of HOWARD LAW knows that applications filed by individuals as opposed to lawyers are potentially less successful not because they aren't legitimate - but because they fail to prove it.

Statistics have shown than those who have an attorney at the hearing stage are twice as likely to be approved as those without legal representation.

Even those who are successful may not get as much back pay as if they hadn't had an attorney.

When you consider the cost of losing, it makes a lot more sense to boost your odds by hiring a skilled lawyer.

The mistake many people make is assuming that just because their disability is real and serious and they have a doctor's note saying so, that's all they'll need. If only it were that easy.

It's understandable that the vast majority of SSDI applicants have no idea how to prepare for a disability hearing - they've never had to do it before. We have. We know what administrators are looking for, and how to help you be ready.

Specifically, we are committed to gathering as much objective, convincing medical evidence to support your case as possible. The first step we take is looking at your medical records to assess whether they are incomplete or inconsistent or if there are gaps in your treatment history. These would all be potential grounds upon which to deny your claim.

You can obtain these records yourself, but usually, we can get them more quickly (with a great deal less hassle for you) and we also are keenly aware of when it's time to have them updated.

If we find some of the evidence is missing, we will advise you to schedule certain appointments so we can help you fill in the gaps.

Once we have all of the appropriate records, we will contact your doctors in order to get a written form from them regarding your condition and also your inability to work. Again, you can technically do that yourself, but doctors tend to respond more quickly and thoroughly to requests from attorneys than from patients.

When it comes time for a hearing, almost all clients are nervous. It's understandable - the spotlight is on you, and your credibility is being questioned. We'll advise you on what to expect, and may even go through a practice run if necessary. We'll also inform you of what not to say - statements that could inadvertently hinder your case.

And finally, at the hearing, we will ask questions of the vocational expert hired by the administration to issue an opinion on your condition. Almost always, this individual is going to argue against your receiving benefits. We work aggressively to counter those claims and win you the benefits you deserve.

Continue reading "Why You Need a Los Angeles Disability Attorney" »

When applying for Supplement Security Income, which is a program that pays benefits to adults and children who are disabled and have limited resources and income, it is critical that you are honest with regard to your income.

The reason is because if you are not, not only might you be later forced to repay the money, you may even face criminal sanctions.

Los Angeles Supplemental Security Income Attorney Vincent Howard of HOWARD LAW understands that a new report from the Government Accountability Office indicates that the Social Security Administration overpaid some $3.7 billion to recipients in fiscal year 2011. That was up from $3.3 billion the year before. In the last 10 years, the administration has overpaid some $7.3 billion. These account for roughly 7 percent of all SSI payments.

The primary reason for this, the report indicated, was due to the fact that applicants were understating their income, and the government lacked the appropriate resources to thoroughly validate those claims.

However, this should not be mistaken as an indication that such benefits are easy to come by. In fact, every time a report such as this is released, the administration gets more stringent in its assessment of every application, which means you stand a better chance of success with the help of an experienced disability benefits attorney.

The whole purpose of SSI is to help older, blind and disabled people who have little or no income afford basic necessities, such as food, shelter and clothing.

Another reason why having a lawyer is so valuable in these cases is because we can help ensure that the forms you submit are properly filled out, so you won't run into this kind of trouble later on. And if you are overpaid, we can help you submit a waiver that would allow you to keep the money - these are granted approximately two-thirds of the time.

Often, though, an overpayment may simply be deducted from your future payments. If the overpayment is less than $2,000, the local field office managers have the authority to let you keep it upon simple request. As of right now, those managers don't have to report those cases or file documentation showing their reasoning. That may change, as several lawmakers are calling for better accounting in the wake of the GAO analysis.

Supplemental Security Income rolls have expanded from roughly 5.8 million recipients in 2006 to 6.9 million last year. It's a much smaller program than Social Security Disability Insurance. The latter requires that you have worked and paid into the system. SSI requires that you and your spouse do not bring in more than a combined $1,050 a month and that you have less than $3,000 in the bank. Often, we have clients that collect from both programs, as enrollment in one does not impact eligibility for the other.

If you are considering enrolling in SSI, you want to make sure everything is done correctly, as a mistake could serve to further delay the process. Some of the ways your attorney can help include:

• Completing all necessary forms;


• Going with you to the local Social Security office;


• Being an advocate for you;


• Gathering and providing information to the appropriate offices or personnel;


• Receiving and responding to any correspondence from the Social Security Administration;


• Obtain information from the administration regarding any updates on your case;


• Represent you at informal and formal hearings;


• Assist you with any subsequent appeals.

Continue reading "GAO Report: Billions Overpaid to Disabled Poor in SSI Benefits" »

Obtaining federal disability benefits for ailments that aren't physically visible can be a unique challenge. No matter how real your illness is, it comes down to proving it - which is why you need Los Angeles Social Security Disability Attorney Vincent Howard of HOWARD LAW on your side.

An "invisible" disability is essentially one in which your illness can't be objectively documented by definitive medical testing.

A perfect example is fibromyalgia. This is a fairly common condition in which the sufferer contends with long-term, body-wide pain and tenderness in the muscles, joints, tendons and soft tissues. It's often associated with sleep issues, fatigue, anxiety, depression and severe headaches. However, as of right now, there is no test that can definitively prove you have it, or that it prevents you from working.

Narcolepsy is another condition that is considered "invisible." This is a sleep condition that causes frequent daytime "sleep attacks" and/or excessive fatigue and sleepiness. It's believed to be a nervous system disorder that typically begins to hit those between the ages of 15 and 30. It may cause temporary paralysis, causing you to potentially suffer serious injuries and preventing you from being able to drive and making even simple tasks potentially dangerous. But there is no physical test that can be conducted to confirm it or the extent of it. Anecdotal evidence would be key in these cases.

Another example of an "invisible" disability would be depression. This is a mood disorder in which overwhelming feelings of sadness, frustration, loss or anger stretches on for months with no signs of abatement, making it difficult for you to perform everyday functions. Again, there is no brain scan or chemical analysis that is going to definitively show you have depression or the extent to which you have it.

Conditions like this are much more subjective, which means proving them is a far greater challenge. Given that more than half of all disability claims end up rejected at the first filing, you should know at the outset that the key to success in these cases is presenting strong support from your doctor, evidence of ongoing and necessary medical treatment convincing, credible testimony from you.

The basic standard you have to prove is that you can't do the work you once did, that you can't adjust to other work due to your condition and that the disability has lasted or is likely to last at least 12 months or result in your death.

Essentially, you have to show that your ability to complete even simple, entry-level type of work is either non-existent or significantly diminished. This is not an easy task, especially on your own.

Our experienced attorneys work to prepare both your application for review. Obviously, your statements will need to be compelling and your doctor's notes will need to be both thorough and complete. But perhaps the most important element is a document called a functional capacity form. Your attorney can best prepare this for you, and it will show, very specifically, how your condition prevents you from working. For example, in the case of fibromyalgia, we might show how high you can lift your foot or how your pain and fatigue affects your concentration level throughout the day.

It's helpful when we can back up these statements with:

• Records of ongoing medical treatment that show you are seeking help and/or a cure;


• Functional capacity forms completed by one or more doctors, highlighting your limitations and/or the need for a high number of breaks during the work day;


• Specific testimony from you regarding your limitations;


• Evidence of previous, unsuccessful work attempts (this further aids your credibility);


• Showing a long, consistent work history;


• Proving that you have closely followed your doctor's orders for treatment.

Continue reading "Securing Los Angeles SSDI Benefits for "Invisible" Disabilities " »

The number of American workers collecting Social Security disability benefits peaked last month at nearly 9 million, according to the latest figures from the Social Security Administration.

Los Angeles Social Security Disability Attorney Vincent Howard of HOWARD LAW understands that while the previous record number of collectors had been recorded in November, with 8.80 million workers collecting, in December there were 8.82 million collecting.

It may be worth noting that the overall number of individuals receiving all kinds of Social Security benefits - from retirees to dependent family members - also shot up to the highest it's ever been last month. There were 56.75 billion collecting in December, a slight jump from the 56.65 billion collecting the month before.

While certain media outlets and politicians are playing this up as evidence of fraud or of people getting lazier, it really all comes down to this simple fact: People are getting older.

America, as a whole, is aging, primarily due to the baby boom generation. That, and the fact that modern medicine is insuring that we are living longer than ever before, means we have more older folks. It's a known fact that, while anyone is susceptible to disability at any time, the older you are the more at-risk you are.

We can't say that the still-struggling economy has nothing whatsoever to do with the rise in claims, but it's certainly not the only or even the primary cause, as some have suggested.

Although the Social Security program itself ran on a $48 billion deficit last year (having paid out $773 billion while only bringing in $725 billion), the Social Security Trust Funds right now are sitting on $2.7 trillion, according to the administration. There are two separate trust funds: the Disability Insurance Trust Fund and the Old Age and Survivors Insurance Trust Fund. The latter pays benefits to retired workers and their families, while the former pays benefits to disabled workers and their families.

As a former working American, you would be entitled to receive regular Social Security between the ages of 65 and 67, depending on when you were born.

However, disability benefits are determined differently, and they aren't automatic. Having an SSDI attorney to walk you through the process can often greatly improve your chances of approval for benefits.

This is especially true when there is so much hype surrounding whether the benefits that are already doled out are legitimate.

One blogger on Media Matters recently took FOX News to task for a number of faulty claims made on various shows. In one case, a morning show host claimed that it was "relatively easy to get on the disability list." The truth is, eligibility criteria are stringent, and claims have a denial rate of 53 to 61 percent.

Then there was the claim that the increase in disability benefits have been due primarily to "moochers," a claim also made by this same morning show host. The truth is, there are a number of factors, some of which we touched on above - the recession and the aging population. It also has to do with more women in the workforce. Not that women are injured more often, but we have far more workers than we ever did before. That inevitably is going to mean more disabilities.

What's more, these are not "moochers." In fact, 70 percent of those with disabilities live in poverty, and unemployment rates for the disabled are far higher than for the non-disabled.

At HOWARD LAW, we recognize that you didn't ask to be in this situation, but you're trying to cope with it the best you can. We're here to help.

Continue reading "Nearly 9 Million Receive SSDI Benefits in December" »

A recent report indicated there are 40,000 homeless veterans in the state of California, with approximately 18,000 of those living on the streets in Los Angeles County.

Perhaps even more troubling, research has shown that homeless veterans are more likely to die on the streets than non-veteran homeless. That includes the development of life-threatening diseases, as well as suffering violence or drug overdoses.

Los Angeles Social Security Disability Attorney Vincent Howard of HOWARD LAW is committed to helping these individuals, as many are likely to qualify for SSDI benefits. The fact is, many of these brave men and women are in the condition they are directly as a result of the physical injuries or mental/emotional trauma they suffered while serving overseas in combat.

Some of these include:

• Post-Traumatic Stress Disorder, either from combat or in-service sexual assault


• Loss of limbs or fingers and toes;


• Complete loss of sight or impaired vision;


• Loss of hearing or ringing in the ears;


• Disfigurement;


• Traumatic brain injuries from bomb blasts or crashes;


• Major shoulder, back and knee problems from having to carry such heavy loads.

It's estimated that approximately 400,000 new veterans have been treated by Veterans' Affairs for mental health problems, mainly PTSD. And tens of thousands are estimated to be suffering from traumatic brain injuries.

Many attempt to self-medicate, and end up developing a problem with drinking or drugs, which often leads to other problems, including a criminal record, which can make getting a job even tougher. It also contributes to a deepening depression.

Veterans' Affairs recently announced plans to help combat the issue of homelessness among the former ranks, with a pledge of $100 million. The White House has vowed to eradicate homelessness among veterans within three years.

But what many of these veterans may not realize is that in addition to disability benefits from Veterans' Affairs, they may also be entitled to SSDI benefits. These are actually two entirely separate programs, which means one will not impact the other.

So if you've been denied VA disability or only granted a partial disability from the military, you may still qualify for SSDI under its terms. The benefits you obtain from SSDI will not impact your VA benefits, and visa versa.

Similarly, you can't assume that because you've been approved for disability benefits through the VA that you will automatically receive SSDI benefits. You have to go through the same process as everyone else. Having a skilled attorney to assist you in navigating the process can make all the difference because it leaves you free from having to contend with the bureaucracy of it all.

We'll help you figure out which kinds of medical reports will be necessary to prove your case, as well as assist you in preparing all of the paperwork in a timely manner.

Veterans who bravely served our country should not have to live on the streets. Obtaining SSDI benefits may be one way to help begin to put the pieces back together.

Continue reading "Homeless Veterans in L.A. May Be SSDI Eligible" »

Among the list of 35 new conditions named earlier this month to the expanding list of Compassionate Allowances granted by the Social Security Disability Administration, adult non-Hodgkin lymphoma was among the first.

Los Angeles Social Security Disability Insurance benefits Attorney Vincent Howard of HOWARD LAW knows that this is a disease that can affect both children and adults, though 80 percent of children with the disease will survive at least five years, while adults may have a more difficult time recovering. Just 65 percent of adults suffering from Stage IV of the disease will survive, and then only with aggressive treatment.

(Child non-Hodgkin Lymphoma is also granted Compassionate Allowance status when it is recurrent.)

The disease can occur at any age, though the risk does increase the older a person gets. A prognosis is going to depend on the type of malignant tumor, where it is, how fast it is growing and whether it is contained to one specific area or has spread to other parts of the body.

When it occurs in pregnant women, it can be even more aggressive.

This disease, which is essentially a cancer that forms in the lymph system. Lymph nodes are spread throughout the body, and as such, the cancer can develop anywhere. It becomes especially dangerous when is spreads to other organs, such as the liver.

The Social Security Administration divides adult non-Hodgkin Lymphoma into three grades of severity. These are:

• Low grade or indolent. This means the disease is slow growing.


• Intermediate grade or aggressive, which means the disease is growing faster.


• High-grade or highly aggressive, which means the disease is rapidly progressing.

For disability purposes, it doesn't matter how fast the disease is growing because in any case, you may be expected to be undergoing intensive treatment, including chemotherapy, surgery and powerful medications, for at least 12 months.

It's not clear exactly what causes this cancer, but we do know that being an older, white male, having a previous organ transplant, being exposed to certain pesticides and having a diet that is higher in fat and meat tends to put people at greater risk. Additionally, so do a number of immune disorders, such as HIV or rheumatoid arthritis.

Particularly for those who develop the disease at a younger age, a diagnosis may not be immediately reached. But early detection of the disease is critical to improving the chances for survival.

Some of the key signs to look out for include:

• Swelling of the lymph nodes in the stomach, underarm, neck or groin. Often, this is painless.


• Unexplained fever.


• Finding yourself drenched in night sweats.


• Feeling exceedingly tired.


• Losing excessive amounts of weight for no apparent reason.


• Skin that is itchy or has a rash.


• Pain in the bones, chest or abdomen for no apparent reason.


• Unexplained fatigue or headache.


• Easy bleeding or bruising.


• Dizziness or confusion.


• Blurred vision.


• Pain, tingling or numbness, particularly in your extremities such as fingers, toes, hands and feet.

If you have been diagnosed with adult non-Hodgkin lymphoma, contact our offices today to find out how we can help you process your federal disability claim.

Continue reading "New SSDI Compassionate Allowance: Adult non-Hodgkin Lymphoma" »

There has been an increasing awareness over the last two decades about breast cancer, which affects 1 in 8 U.S. women at some point in their lives.

In fact, just last year, there were 230,500 new cases of invasive breast cancer diagnosed in women, and another 2,100 cases in men. Los Angeles Social Security Disability Insurance Attorney Vincent Howard of HOWARD LAW knows that thanks to advances in treatment options, the prognosis for many of these patients is very good, so long as it is caught early enough.

Recently, the Social Security Administration announced the addition of 35 conditions to the Compassionate Allowance list, which allows expedited disability benefits to those with a diagnosis. Breast cancer was added to that list - but only in cases where the cancer was inoperable or unresectable. Essentially what that means is that the cancer has gotten to the point that surgery is no longer an option. For these individuals, the 5-year survival rate is about 20 percent.

Breast cancer is a disease in which cancer cells develop in the breast tissue.

Those battling the most aggressive form of this awful disease should not have to spend their last months fighting also to receive federal disability benefits. The idea behind Compassionate Allowances is that they allow those with a diagnosis to receive benefits quickly, without having to endure the same rigorous process as everyone else, While others would have to prove that their medical condition prevents them from being able to work in any capacity. Those with an ailment on the Compassionate Allowances list do not have to do this because the diagnosis in itself is severe enough to warrant approval from the administration.

That said, those who are diagnosed with inoperable breast cancer are in the minority among breast cancer patients. Most patients will go on to lead healthy lives - but that does not mean they may not be entitled to Social Security Disability Insurance benefits while they are undergoing aggressive forms of treatment over the next year and beyond. In order to meet the government's criteria for disability, other breast cancer patients have to show that there illness is severe, is expected to last at least one year and leaves them unable to work. We recognize that the treatments a person must undergo during breast cancer can be incredibly grueling and can leave you weak and unable to make it to work each day.

Our experienced disability lawyers are knowledgeable regarding the best way to present this information to the administration in order to improve your chances of being approved for benefits while you focus on your health.

No one is exactly sure what causes breast cancer, though there is some speculation that genetics is at least partially to blame. Other factors that increase a person's risk are:

• Older age;


• Having begun menstruation at an early age;


• Being older the first time you gave birth or never having given birth;


• Having a mother or sister who was diagnosed with breast cancer;


• Dense breast tissue;


• Taking hormones such as progesterone and estrogen.


• Drinking alcohol beverages;


• Being white.

Catching the cancer early is key to improving survival chances. You should check with your doctor immediately if you have noticed a lump in or near your breast in the underarm area or a change in the size or shape of your breast.

If you have been diagnosed with breast cancer - no matter what the prognosis - call us today to see how we may be able to help you with your Social Security Disability Insurance claim.

Continue reading "New SSDI Compassionate Allowance: Breast Cancer, Inoperable" »

Pick's disease, also known as frontotemporal dementia, is an extremely cruel disease. In addition to slowly robbing a person of their mind, it also whittles away at its victims' ability to perform basic tasks, such as language and swallowing.

And unlike most forms of dementia that creep up in old age, Pick's disease strikes people who are in their prime.

Los Angeles Social Security Disability Insurance Attorney Vincent Howard of HOWARD LAW knows that while this disease is rare, it is absolutely devastating because it often deprives young families of primary wage earners - so obtaining benefits is usually even more critical.

Now, the Social Security Administration has added Pick's disease to the top of its fast-track list, known as Compassionate Allowances. This allows families of those who suffer this illness to obtain benefits faster than they might otherwise if they had to endure the normal application process. It's meant to make the process easier, but having an attorney assures that the paperwork is properly submitted to the correct office in a timely manner so that you may begin receiving your benefits in as little as two weeks.

There are approximately 250,000 known cases of frontotemporal dementia nationally. However, the actual numbers are likely much higher, as it is so often misdiagnosed.

To give you an idea of how this disease affects real families, a news story out of Florida a few years ago chronicled the journey of a woman who discovered her sheriff's deputy husband, father of her four children, developed the disease when he was just 37-years-old.

By the time she actually received a diagnosis, had a real answer, it was actually a relief. By that time, he had been given four other diagnosis, including one doctor who said he was malingering, or faking it. Her husband, on the other hand, never really understood what was happening to him. One of its primary characteristics is a loss of self-awareness.

For about a year prior to the diagnosis, he began acting extremely oddly. He would be gone for hours with no explanation. Sometimes he would show up to work, other times not. When one of his kids fell down and hurt herself, he laughed at her. He was fired from his job after mistreating two inmates.

His wife wasn't sure what was happening. She wondered if maybe it was an affair. She suspected something more. But it wasn't until a violent outburst that she tearfully forced him to leave their home.

It was seven months after that that he was given a diagnosis. But even then, the question of how to care for him posed huge problems. Nursing homes wouldn't take him - 35 different places turned him down. He was shuttled back and forth to emergency mental health facilities, which are only supposed to hold people up to 72 hours. This man stayed three months. Then he went to a rehabilitation center 100 miles from home, before being sent back to his wife in taxi.

An ombudsman finally stepped in to allow him to stay. So many of the problems, his wife said, were due to a lack of understanding.

As if all of this wasn't enough, his wife racked up $30,000 worth of debt just trying to find him care. She didn't have health insurance for the rest of the family. She had to sell their home and take a minimum wage job.

He died in a nursing home two years later.

For families like this, disability benefits are a critical lifeline. Call us today to see how we can help you through the process.

Continue reading "New SSDI Compassionate Allowance: Pick's Disease" »

Inoperable kidney cancer is among the new list of Compassionate Allowances recently added by the Social Security Administration, meaning those with this diagnosis can fast-track their disability claims.

Los Angeles Social Security Disability Insurance Lawyer Vincent Howard of HOWARD LAW realizes that no one knows the root cause of this illness, but it can be devastating. It typically develops in people over the age of 40, and long-term smoking as well as misuse of painkillers (including over-the-counter drugs), obesity and high blood pressure have been known to be common among kidney cancer patients. So too are certain genetic conditions, such as hereditary papillary renal cell carcinoma and Von Hippel-Lindau disease.

Kidney cancer is actually the eighth most common type of cancer in men and the 10th most common type in women. It essentially forms in the lining of the tubules inside the kidney that are responsible for filtering blood and producing urine. Kidney tumors account for the vast majority of kidney cancers, about 85 percent.

It can be very dangerous if it has a chance to spread to outside organs or areas, including the liver, lungs, bones, lymph nodes or other kidney. If it spreads to the other kidney, the doctors must be aggressive in their treatment. A person lacking one functioning kidney will have to go on regular dialysis treatments until they can receive a donated kidney.

Catching the disease early enough helps to improve your survival rate. In the very early stages, you may not have any or hardly any symptoms. Often, it is high-tech imaging, such as MRIs or CAT scans performed for some other reason that end up catching those that would otherwise go unnoticed.

Once symptoms do begin to develop, they may include:

• Side pain that is persistent;


• Blood in your urine;


• Weight loss;


• Fever;


• A mass or lump in the side of your abdomen;


• Extreme fatigue.

If the cancer is localized to just the one kidney, the prognosis is often quite good. Usually, treatment involves surgery to remove all or part of the kidney. There is also radiation therapy, chemotherapy, biologic therapy and targeted therapy.

In order to qualify as a compassionate allowance, the Social Security Administration requires that a qualified physician makes this determination after reviewing sufficient imaging studies, laboratory values and physical examinations and concluding that surgery would be useless. Or, this is a designation that may be given if surgery was done but the cancer could not be completely removed.

Still, even for those with a more positive kidney cancer prognosis, you may still qualify for Social Security Disability benefits if your treatments are expected to last longer than a year and if they render you unable to work for the duration of that time.

If you have been diagnosed with kidney cancer in Los Angeles, contact us today to see how we can help you initiate the disability claims process.

Continue reading "New SSDI Compassionate Allowance: Kidney Cancer, Inoperable" »

Pancreatic cancer has recently been added to the Social Security Administration's list of Compassionate Allowances for the purposes of expedited disability benefits.

Los Angeles Social Security Disability Insurance claims Attorney Vincent Howard of HOWARD LAW recognizes this is the same, aggressive disease to which Steve Jobs, Gene Upshaw and Patrick Swayze succumbed.

Pancreatic cancer is not always fatal, particularly if it is caught in the earlier stages. However, more than half of all pancreatic cancers are diagnosed after they have spread. In those cases, the survival rate is just 1.8 percent five years after diagnosis.

It is our firm belief that these individuals should not have to be burdened with the time-consuming process of applying for disability benefits, though these payments are often critically important to the immediate family. Hiring an attorney to handle your claim ensures that the process moves as quickly and painlessly as possible.

The pancreas is an organ in your abdomen that lies behind the lower part of your stomach and is responsible for aiding in your digestion, hormone distribution and the regulation of metabolizing sugars.

Approximately 44,000 new diagnosis of pancreatic cancer are made in the U.S. each year. Part of the reason the prognosis is often so poor is because it is often not caught until the very latest stages. It's not like disease such as colon cancer or lung cancer, where there are multiple symptoms very early on. In fact, the early symptoms of pancreatic cancer - weight loss, blood clots, upper abdominal pain, vomiting, nausea - mirror many other common ailments that typically would not warrant a great amount of concern.

Usually, it's not until some of the more severe symptoms, like jaundice, begin to appear that a diagnosis is made.

For this reason, we tend to think of it as a very sudden illness, when in fact, it may have taken five to seven years to develop and spread to other organs - there was just never any indication of it.

Many research groups are actively looking for better ways to screen for the illness. The most hopeful so far involves a blood test, though more study is needed to improve the technique.

When the cancer is identified and diagnosed early, doctors' most common approach is surgery. However, the chance of recurrence in the next year or two is pretty high. In those cases, doctors usually employ chemotherapy.

There are also trial drugs, for which some patients found minimal benefits, and others had their lives extended by several years.

In order for the Social Security Administration to accept this diagnosis for fast-track benefits, you must have a pathology report that shows the presence of non-islet cell adenocarcinoma in the pancreas. It's the only test that can make a definitive diagnosis.

No matter what stage you are in with regard to the disease, we want you to be able to easily obtain the disability benefits to which you are entitled, and which will help you spend your energy and focus on your health and your loved ones.

Continue reading "New SSDI Compassionate Allowance: Pancreatic Cancer" »