Finding a Texas Social Security Disability Attorney: Some Tips for a Better Decision
I have never been a Donald Rumsfeld fan, but his odd yet compelling-decision making ideas about "known unknowns" and "unknown unknowns" has always intrigued me. And I believe they are applicable to the unpleasant task of finding a good Texas social security...
Student Loan Debt & Social Security Disability
Between 2005 and 2013, federal student loan balances grew substantially for the US population overall, recently topping the $1 trillion mark. Student loans have become an enormous burden to Americans unable to secure a good paying job, but consider carrying a large...
Low Back Pain & Social Security Disability
Sooner or later everybody has low back pain. Back pain is one of the most common reasons people go to the doctor or miss work. But most back pain resolves with rest and NSAID medications like Ibuprofen. Many scientists and doctors think our spinal vertebra, which are...
Unfavorable Texas Administrative Law Judge Disability Decision: Now What?
The hearing before an Administrative Law Judge ("ALJ") in a Texas social security disability case is usually the most important event in the course of seeking social security disability benefits. Unlike the prior rejections at the initial and reconsideration stages by...
Perfecting Your “Elevator Pitch”: How to Present Your Disability Claim to a Texas Administrative Law Judge
In preparing Texas social security disability clients for the all-important administrative hearing I utlize the concept of the "evalator pitch". In the context of business, the name "elevator pitch" reflects the idea that one's business or value proposition should be...
Is a “Rambo” Social Security Disability Lawyer best in the ALJ Hearing?
We are all familiar with actor Sylvester Stallone's series of action movies featuring John Rambo, the angry soldier who slaughtered his enemies with abandon. Wikipedia states it well: "The term "Rambo" is used commonly to describe a person who is reckless, disregards...
Why the Current Media Focus on Disability Cheats May Hurt the Truly Disabled
In the last few years we have seen more and more media reports of American's collecting social security disability benefits who are not legiitimately disabled: The New York City policemen alleging psychological and mental disabiity presenting to state psychological...
Migraine/Headache & Social Security Disability
June 2014 is Migraine and Headache Awareness Month: a good time to consider migraines/headaches as a basis for social security disability benefits. Medical conditions alleged as disabling are considered using what the social security administration refers to as the...
Texas Disability Representation: Car Wreck Attorneys Move In
In the last few years prominent (in term of advertising presence) personal injury/car wreck attorneys have begun handling social security disability cases in Texas. Tort reform in Texas has by most accounts reduced both the number of personal injury lawsuits and the...
Degenerative Disc Disease, Back Pain & Texas Social Security Disability
Degenerative disc disease is a condition that most of us - if we are fortunate enough to live a long life - will develop. Degenerative disc disease, which is also called spondylosis, is a general term used to describe changes that can occur along any area of the spine...
Affordable Care Act & Disability in Texas
Ongoing, regular medical care is crucial to establishing the presence of a severe "medically determinable impairment" needed to secure social security disability benefits in Texas and throughout the nation. Failure to secure and sustain medical treatment for the...
CBS 60 Minutes to Air Social Security Disability Program Segment 10/6/2013
This Sunday night CBS “60 Minutes” plans to air a story on Social Security Disability focusing on the growth of the program over the last 4 years. This story follows on the heels of a PBS story critical of the standards for determining disability and suggesting that...
Dropped by your Social Security Disability Attorney or Representative?
I often speak with social security disability claimants who have been "fired" by their social security disability attorney or representative. They are understandably frustrated, if not outright mad. Social security disability applicants rightful ask themselves: they...
Obesity and Social Security Disability: A Texas Study
A recent academic study at the University of Texas School of Public Health in Dallas TX focused on the incidence of obesity among disabled Americans. It found that the prevalence of obesity and what the study defined as “extreme obesity” among those with disabilities...
Mental Illness and Disability Benefits
May 2013 is national mental illness awarement month. Mental illness continues to be the basis of many social security disability claims: in 2011 they represented 19.2% of claims. Mental problems strike the old and young alike: depression accounts for nearly half of...
Parkinson’s Syndrome and Social Security Disability
April 2013 is national Parkinson's Syndrome and Social Security Disability syndrome awareness month. This degenerative neurological is often the basis for the award of social security disabiity benefits. The disease is characterized by movement-related symptoms such...
Growing Social Security Disability Assessment Criticism: What does it Mean for Qualified Claimants?
Over the last several years we have seen media stories on the growing number of Americans receiving social security disability benefits. More conservative media sources such as The Wall Street Journal and Fox News have implied that the Obama Administration has...
Self Employment and Social Security Disability Benefits
"Working" and receiving social security disability simply do not go together: if under social security disability guidelines an individual is engaging in what social security calls "substantial gainful activity" (SGA) they are not eligible for social security...
Choosing a Social Security Disability Attorney (Part 5 of 5)
To wrap up my series on choosing a social security disability lawyer, I have urged you to consider the main features of disability representatives: big or small, national or local, and disability-only or multipractice firms. Deciding on these key features will then...
Choosing a Social Security Disability Attorney: “Specialist” vs “Generalist” (Part 4 of 5)
An important dimension of choosing a social security disability attorney is to determine how much of that lawyer's practice is social security disability: does she handle only social security disability or is social security disability only a small part of the firm's...
How to Choose a Social Security Disability Attorney: “National” or “Local” (Part 3 of 5)
National vs. Local Social security disability laws and regulations are the same in Georgia as they are in Texas so social security disability attorneys and representives are not bound by State or regional laws and constraints. If you are looking for a social security...
Choosing a Social Security Disability Lawyer: “Big” vs “Small” (Part 2 of 5)
Big or Small: What Social Security Disability Firm Fits You? Social security representation runs the gamut from solo lawyers to meg-firms like Binder and Binder, Citizen's Disability and the Disability Group. This is a fundamental question you have to ask yourself:...
Choosing a Social Security Disability Attorney: Simplify the Decision & Avoid a Mistake (Part 1 of 5)
Finding the right representation in a social security disability claim is not easy. Most people that are disabled and unable to continue to work have little experience with hiring attorneys. More importantly, most disabled people are under great stress, and usually...
Social Security Disability & Lupus
Systemic lupus erythematosus, commonly known as Lupus, is an autoimmune disease in which the body’s immune system attacks the body’s own tissues. This autoimmune form of arthritis affects approximately 1 person in every 1000 people and it is 9 times more common in...
Social Security Disability & Arthritis
The Centers for Disease Control (CDC) reports that arthritis is the leading cause of disability in the United States. In recognition of Arthritis Awareness Month for the month of May 2012 I will focus several blog posts on arthritis and social security disability...
Common & Dangerous Myths (5th of 5 Parts): “I will Get Disability if I Just Convince the Judge I am an Honest & Good Person Who Really Needs Help”
This is a subtle point that I have come to over the past 20 years of representing social security disability applicants. Of course no one specifically tells me that they believe that they will get disability if they just show the Administrative Law Judge what a good,...
Common & Dangerous Myths (4th of 5 Parts): “All that Matters is That my Doctor Thinks I am Disabled”
Your treating doctor's opinion of your medical condition and the limitations caused by your illness or injury is very important to winning your social security disability case. Social security law recognizes this fact in requiring social security to thoroughly...
Common & Dangerous Myths about Social Security Disability (3rd of 5 Parts); Does Dual Diagnosis “Excuse” Substance Abuse?
I have over the years handled many so-called "Dual Diagnosis" social security disability cases. "Dual Diagnosis" means the person is considered to be suffering from both a substance abuse problem and a mental illness. I often hear claimants say that they...
Common & Dangerous Myths about Social Security Disability (2nd of 5): Can A Lawyer Speed up the Process?
I often get phone calls from Dallas Fort Worth social security disability applicants looking for help with their social security disability claim. They often note that they are seeking a lawyer because they heard that a lawyer "can speed the case up”. I have to...
Heart Disease & Social Security Disability Benefits (Part 1 of 5): Ischemic Heart Disease
Cardiovascular disease is a large family of diseases involving the heart and vascular systems, and is in the top 3 causes of disability in the United States. Heart disease causes almost one in every four deaths in the United States. This is the first of 5 posts...
Common & Dangerous Social Security Disability Myths (1 of 5): Part-Time Work is “OK”?
Social security disability attorney Gretchen Esselstein of the Ohio law firm Gallon, Takacs, Boissoneault & Schaffer Co., L.P.A., has written a very good post on common social security disability myths. I recommend her post, found...
5 More Bad Answers to the Crucial Question the ALJ will ask: “Why Can’t You Work?”
Several years ago (my how time flies) I presented a post entitled "Top Five Bad Answers to Question: WHY CAN'T YOU WORK?". I thought I would do another post of 5 more, so take a look at that old post in conjunction with these additional statements that I have heard...
Social Security Disability & Diabetes
Diabetes Mellitus is one of our most serious diseases, both in Texas and through out the world. People with diabetes, both type 1 and type 2, do not always qualify for Social Security disability benefits. There must be serious problems with diabetes in order to get...
Thanks to New ODARS Policy – Now an ALJ Hearing is “like a box of Chocolates”: you never know what Judge You’re Gonna Get!
The Office of Disability Adjudication and Review (ODARS) is the social security administration office that conducts all administrative hearings on social social security disability appeals. A disability claimant has an absolute right to appear before an...
Binder and Binder Draws Unwanted Attention from Congress
Binder and Binder is the largest social security disability advocate firm in the country. I doubt there is a single TV viewer who has not seen attorney Charles Binder in his cowboy hat urging social security disability applicants to "let them take care of the...
“When Should I File for Social Security Disability Benefits?”
I am frequently asked by Texans suffering from a disability when he or she should consider filing for social security disability. Here's my simple answer: If you are still working and earning over $1000 a month, social security will not accept a claim for social...
Intentional Disability Hearing Slowdown?: Another WSJ Cheapshot
It seems that every time I really know something about an issue, and I find a media story about that issue, I am absolutely amazed just how wrong the media can be. Or at least in the case of Wall Street Journal writer Damian Paletta, how true facts can be twisted to...
“Do I have to have back surgery to get disability?”
Social security disability applicants are often in the process of considering various medical procedures that have been recommended by doctors. For example, the back surgeon wants to do a lumbar fusion or the pain management doctor wants to implant a spinal...
Parkland Hospital Scandals: What is an Uninsured Dallas County Resident to Do?
The Dallas County indigent health care facility, Parkland Memorial Hospital, has been plagued by problems in treatment and supervision of health care providers in recent days. The sad reality is that it is virtually impossible to secure social security disability...
Continuing Disability Reviews Will Ramp Up in the Near Future
The Wall Street Journal recently published an article indicating the high probably of more Social Security Disability Continuing Disability Reviews (CDRs) in the near future:...
99% Approval Rate of ALJ Draws Media Critism
A recent article in the Wall Street Journal profiled Social Security Administrative Law Judge David B. Daugherty of Huntington West Virginia and the fact that he approves nearly all disability claims that come before him. Here is a link to the...
Putting your Best Face(book) Forward?
My fellow social security disability lawyer Jonathan Ginsberg has written an excellent blog on the dangers that social media and Facebook may pose to social security disability...
“Project Access”: New Dallas County Low Income Medical Treatment
I have written before about how important regular medical treatment is in winning a social security disability claim. Loss of a job due to a disability, however, often leads to loss of medical coverage, Parkland Hospital is available to low income Dallas county...
Judicial Finality: A Legal Reality that can Hurt Social Security Disability Claimants
I often field phone calls from persons who have filed for disability benefits many years ago, and want to re-visit some of the issues in those old cases. Typically, such phone calls are precipitated by a conversation that the caller had describing the long past...
Filing for Social Security Disability: Some Common Questions
Over the years I have received a lot of phone calls in Dallas-Fort Worth from people wondering if they should file a claim for social security disability. Here are the most common questions in this area: 1. "I'm still working, but my doctor says that I am disabled....
“How Much Can You Lift?”: Avoid the “John Wayne” syndrome
A critical question in assessing your disability is how much you can lift and carry, both on a "frequent" basis (2/3rds of the workday) and on an "occasional" basis (1/3rd of the workday). We men often have trouble with that question. I call it the "John Wayne"...
Have You Heard Anything Yet?
I have thought carefully about making this post, and I want to tread very carefully on this subject. It is well-known that the biggest complaints that clients have about their social security disability attorney is the failure to return phone calls promptly. And all...
Debt Collection and Social Security Disability Benefits
Federal Law prohibits the seizure of Social Security Disability Benefits to collect on a debt. But many debt collectors do not follow the law (what a surprise). Debt collectors who have secured a money judgment sometimes go after money held in bank accounts of Social...
Social Security Disability Fraud
Texas workers are, to say the least, very frustrated when they receive a social security denial. At least 2 or 3 times a week I talk to claimants who are even more frustrated that they know persons in the community getting social security disability who are not nearly...
Do you need a Texas lawyer for your Texas disability case?
Social Security law is federal, not state. So a New York based law firm is able to represent a Texas social security disability claimant. As a result there are a number of law firms that brag about being "nationwide" and being "the most successful in the...
Social Security Disability and Age: It Does Matter
We seem to live in a culture obsessed by age, and the Social Security disability rules seem to reflect that. Etiquette and good manners tell us that it is rude to ask a woman how old they are. But unfortunately I have to be rude every day when I talk to folks in my...
Drugs & Alcohol: Poison for Your Body, Poison for Your Disability Case
Drug and alcohol abuse seems to be rampant in the United States. And if you have a pending social security disability claim and you are abusing these substances, you are not only poisoning your body; you are poisoning your social security disability case. Social...