Guest Speaker
Richard Feingold, Attorney
February 13, 2006
Because of the number of people here, we are using Protocol. If you want to ask a question, please type ? and enter it on the screen. If you want to make a comment, type ! and enter it on the screen. You will be called in order. Thank you for your cooperation.
Since 1986, Richard I. Feingold, an attorney in the Chicago area, has been practicing law on behalf of disabled people seeking Social Security benefits.
He represents claimants nationwide and is a sustaining member of the National Organization of Social Security Claimants' Representatives (NOSSCR) and Past Chair of the Chicago Bar Association's Social Security Law Committee.
He has appeared on the Chicago Bar Association's ""You and the Law"" television program discussing Social Security Disability issues.
Mr. Feingold currently answers questions on MSWorld's own USA Social Security Disability Benefits Message Board and for the Spondylitis Association of America. Having left a firm to return to private practice, his new contact information can be found on his message board.
Welcome Mr. Feingold! We are delighted to have you with us tonight.
Thank you, Dean. I'm delighted to be here.
The room is all yours Richard
I have a few prefatory comments
If I end a line with a ""..."" that means that I will continue talking...
I'm going to answer your questions...
as best as I can, but I cannot give you specific legal advice regarding any legal problem that you may have...
please do not ask me to second guess your attorney's advice or ask me to comment on it because I cannot.
Let's get to the questions!
Guest1, please go ahead
how likely is it the new evidence presented to ALJ ...will result in approval without a hearing...
have waited 20 months already
Wow - that is a long time, ...
although not necessarily unheard of...
yes...and now have congressional input
In some jurisdictions, I've heard of 1000 day delays...
I cannot really answer your question specifically because I don't know what the evidence will show or any of the other characteristics of your claim...
hearings are already booked til JUne...which wouuld make 2 yrs waiting for hearing
All I can say is that when I am representing a claimant, I vigorously attempt to secure a favorable decision without ...
evidence...2 dr...adament on approval for SSD
the necessity of a hearing, although in most cases, a hearing is necessary....
Did I interrupt your question? I though you were finished?
no just wanted to add some facts
Ok, no problem. Even if you have...
Support of your doctors, it is still SSA's decision whether to grant benefits; I wish you the best of luck. Next question please.
thank you
Is it fact that each state has a different work load of disability claims which makes the wait longer in some states?
You're welcome Guest1, Good luck.
I would say yes, WriteOP...
Social Security has proposed sweeping changes to the disability process and one of them concerns federalizing the DDS by creating...
a federal medical expert panel. They want to avoid discrepancies between states in terms of approvals.
Thank you.
Guest2, you may ask your question
IS THERE A MORE HUMAN FRIENDLY DESCRIPTION OF ACCEPTABLE DISABILITY THAN WHAT IS FOUND ON THE SOCIAL SECURITY WEB SITE WHERE YOU HAVE TO KEEP JUMPING FROM PARAGRAPH 10A TO 7B AND THEN 12D ETC?
I think so, Guest2. You may want to check out Social Security's Blue Book for doctors...it might be more user friendly...
also, you may wish to consider having someone represent you in your claim to help you weed through the weeds.
Dean, it is your turn to ask a question.
Does the number of credits you need in the 10 years prior to applying for disability change as you get nearer to retirement age?
The general rule is that for most people, you need to have earned 20 credits in the 10 years prior to becoming disabled...
20 credits or quarters of coverage is equivalent to 5 years. That number shouldn't change, but the the total number of credits may change
Thanks
Guest3, it is your turn to ask your question.
ONCE QUALIFIED FOR SSDI, HOW LONG DOS IT TAKE TO QUALIFY FOR MEDICARE?
You qualify for Medicare 2 years after you go into pay status for your SSDI benefits, Guest3.
Guest1, you may comment now.
it's about time SSD was fair to all...no matter what state they live in...right now it really does matter where you live when you apply. when is this going to happen?
Before I answer that, ...
I'd just like to post a URL for Dean's question from SSA's web site...
www.ssa.gov/pubs/10072.html#number - hope that works and helps...
Thanks very much
Not sure when it is going to happen, . I think they want to do that soon.
hope so
I am on disability and understand - thanks to you - how much I might earn above that and not lose my benefits. Are royalties on a book (I hope will be published) considered in the same light?
Interesting question, WriteOP...
Gosh, it seems more like passive income to me if you already wrote the book and are now collecting royalties without lifting a finger...
By the way, that does sound like a great way of earning a living, doesn't it?
Thanks, let's hope it happens! (Laughing)
I would want to research that issue before giving a definitive answer...
although at first blush, that is my first impression.
Thank you.
Guest2 it is your turn
Good luck with the book.
wHAT ARE THE OPTIONS IF MY DISABILITY PREVENTS ME FROM WORKING BUT SOCIAL SECURITY DOESN'T AGREE?
In other words, you've been denied by SSA, right?
Well...
NOT YET i HAVENT, BUT i FEAR THAT i'LL BE ONE OF THE CASES THAT FALLS THROUGH THE CRACKS.
where ssd says i'm good enough to work but i can't get an employer to agree.
You need to be in treatment, obviously...
It is important that you are telling your medical providers everything that is wrong so that not only your doctors know what is wrong, but also so...
that Social Security knows what is wrong when it reads the medical records. We know what must be proven in order to establish disabilty...
and we work toward that goal as we are representing a disabled claimant. So it is important to seek out representation in your claim, too.
Guest4, it is your turn.
I read that someone is trying to get Medicare to start when SSDI does instead of having to wait for 24 months. Do you know anything about this?
No, not aware of that, thought it is possible. Although there are some impairments that don't require SSDI approval in order to receive Medicare benefits...
I know that there has been talk about that.
Guest5, it is your turn
if my wife has innsurence an im covered do i need medicare
thank you
Sure, Guest4. Guest5...
That is more a coordination of coverage
Benefits question...
That I'm not really prepared to discuss tonight. You should speak with the insurance company and with Medicare re: that, and also the National...
Multiple Sclerosis Society has good info on that too, I'm sure.
Guest6 it is your turn
Like many, I was denied on my 1st SSDI application however one phone call from my neurologist to the DDS person resulted in approval. Is this uncommon and if it worked so well for me, would you recommend that others ask their neurologist to call the DDS person?
I guess that wouldn't hurt, although I am not sure that it was the call that did it...
It seemed to be
That's what my neurologist told me anyway
It may have been the medical records and the doctor's report, if any. The doctor may have phoned in his report.
okay
Guest7 it is your turn
Without meeting you... you helped me obtain my benefits earlier this year. I wonder how often and how quickly they review the cases?
Good to hear that, thanks. Cases are reviewed on a periodic basis, e.g., every 1, 3 or 7 years...at least that is the schedule that they used to use.
When I was waiting for my approval, I called (and called) the SS office in my town and the disabiity determination office offering to help in any way. I was told this helped my case. So maybe Guest6's doctors call in itself helped. Just my 2 cents. (I was approved first round)
Good to hear that, WriteOP. I think that in many cases, however, the neuro won't do that...
Sometimes we have trouble getting medical records from the doctors...
We do try to make things easy for the doctors to respond by preparing forms for them to complete, if possible.
I had problems with my neuro's staff being lazy, not him.
Guest8, it is your turn.
Dx 20 years ago. Q: Can a sole proprietor receive SSDI? I have paid self-employement taxes for 20 years.
Got it.
If you've paid FICA taxes, sure. Check the statement that Social Security sends out yearly for the amount that you would receive.
1200/mo it says.
Not bad...at least it would be something that would help if you could not work.
ty
Guest1, it is your turn
my lawyer asked PCP for 3 yrs of records. The bill came to $55 and they would not send records unyil money was received. Shouldn't the lawyer handle that since they requested the copies?
Now that is something that you will have to take up with your lawyer, .
Dean, it is your turn.
Mine might be a coverage question too, but, what do people do for health care for 24 months?
if your client had no income for 3 yrs..would YOU not pay that fee?
That is a very good question, Dean...
In Illinois, for example, there is the ICHIP program, which can help disabled persons...
In addition, COBRA benefits can be extended for 11 months beyond the 18 month period to equal 29 months, which would cover the 5 month waiting...
period applicable to SSDI benefits and the 24 month time period before Medicare benefits are available....
There may also be state public aid medical benefits and local government benefits and treatment opportunities available...
Once again, the National MS Society might also be a good source of information on this.
Guest6, it is your turn.
How much are you allowed to earn per month to not affect SSDI payments and is that averaged over a year?
There are different thresholds, Guest6, for SSDI benefits...
There is also ...
something called a Trial Work Period where one can test one's ability to return to work...
In some cases, earnings can be averaged.
Guest9 it is your turn
WHAT IS THE ICHIP PROGRAM?
Illinois Comprehensive Health Insurance Plan.
TY
Sure.
Are there any other questions?
Guest4, go ahead
is the ICHIP like Medicade?
since it is state sponsored
It is a program available to person who might now otherwise be covered.
thank you
Guest2, please ask your question
under what category would one find a social security lawyer?
Not sure what you mean, Guest2?
It is administrative law.
phone book, what category?
where do I look to find one?
Well, there are a number of sources...
For example, there is an organization called the National Organization of Social Security Claimants' Representatives...
of which I am a member. They have attorneys all through the US as members. Some attorneys do cases nationwide, as I do...
and some do cases only locally. You can also call you local or state bar association or look online for other sources.
Dean, it is your turn.
Should you get a lawyer from jump or apply first and wait to be rejected?
I find that I am able to help people from the beginning of their claim, e.g., answering questions regarding the application process...
answering questions as the case proceeds and helping with forms...
working with the state DDS to make sure that the case is being properly developed and appropriately ordering medical records and reports...
to establish the claim. I think that is best to have legal counsel at the beginning the minimize mistakes...
Check out some of the articles that I have written for the Spondylitis Association of America www.spondylitis.org
definitely will, ty
I did not have an attorney and had no idea what I was getting into. I was fortunate to be a paper pusher and I got approved. But the stress without backup was extreme. An attorney would have been great!
We do help relieve the stress; that is true.
Guest10 you may ask your question
how much does it cost for an attorney...a ballpark figure
By statute, the fee agreement process works like this - the attorney charges a contingent fee (only gets paid if the claim is paid)...
The fee is 25% of the past due benefit amount, up to a maximum of $5,300, unless an appeal beyond the hearing level is necessary and substantial...
additional work requires a larger fee. Otherwise, the fee is the less of 25% of the past due benefits or $5,300...
Any costs that are expended by the attorney are reimbursed by the client to the attorney at the end of the case, e.g., for medical records, reports, etc.
Guest11, it is your turn
how do you prepare prior to application, what should you do
Social Security's web site is helpful in this regard. It tells you to gather your work information for the past 15 years, including pay and job duty information...
my dr. said it is better to wait until he gets the form rather than prepare a letter in advance
Is there a pending question?
You were finishing Guest11's answer
Ok...had a little technical difficulty there...
Do you ever come to New York or guestspeak in N.Y.C.? Do you have affiliates in New York (N.Y.C.)?
I do occasionally come to NYC; would like to come out there much more often. Great city. I don't have affiliates there if you mean a satellite office?
I have represented claimants in NYC area.
We have to be ending now, but, this has been a wonderful opportunity for us, Richard. Thank you so much for answering these questions. Very informative!
Heard it is buried under a couple feet of snow now.
TY MR FEINGOLD
Whole EastCoast is buried!
Sure is
Sure, Dean. Thank you very much for the opportunity! And thank you all for your excellent questions! I wish you all the best of luck...
Thanks Mr. Feingold
Thank you for the great info
Thank you Mr. Feingold
Contact me if you have further questions. We do have the message board here on MSWorld.org for Social Security disability questions.
Another top notch chat - thank you for all you do for MSWorld Richard.
Thank you, Guest6. Love the name.
Tks
Thank you, Dean, for a great job moderating.
Great chat - thank you
Thank you for making it easy!
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