What do you do when you no longer can work and you are too young to

retire? What do you do if your child is disabled?

M. Helen Bernstein, MS, APC, CLA

Navigating through Social Security Administration

Options & RequirementsWell, one option if you find yourself permanently disabled is

to apply for social security disability benefits as you no longer are able to support yourself. Likewise, if your child is severely disabled you may apply for social security benefits. In either situation, the condition(s) must have lasted, or be expected to last, at least 12 months; or must be expected to result in death.

ExpertiseWhy would you want representation? According to U.S. Government

statistics, claimants are 50% more likely to receive award of benefits than unrepresented claimants. Social Security Administration is an administrative agency. These are formal proceedings in this forum. Evidence is to be presented, expert witnesses, oral and written arguments (application of cases and statutes) and in some instances, several appeals within (Office of Disability Adjudication and Review) ODAR and the U.S. District Court. Legal proceedings, rules and procedures, can be difficult for the novice in any situation but particulary strenuous for an individual undergoing physical and mental complications associated with a debilating condition and side effects from prescribed medications. These are some reasons why an individual would elect to be represented by a professional in these proceedings.

Economy ·

Due to the fact that more individuals apply for social security benefits during recessions, this also can lead to stricter measures. (Salant, 2009). This can also lead to delays due to increasing caseloads. The social security advocate is many times able to achieve timely results as opposed to non-representation.

AppealsClaimants, regardless of how severe of a medical or physical impairment

are almost always denied initially. It is not uncommon for several appeal proceedings to occur prior to a successful award of benefits. This can be especially frustrating for claimants residing in states which have no state disability to draw from in the interim. These claimants are at the mercy of their family members generally which may be struggling themselves financially during these economically challenged times.

FeesThere are no retainer fees. No award, no fee. The statutory fee is

collected when the benefits are awarded which consists of 25% of the award. Due to the fact that there is a five to six month waiting period from the time of filing the initial application, retroactive benefits begin. This lump sum payment provides for payment of the social security advocate when awarded. There is no waiting period in childhood disability claims. The retroactivity for childhood disability claims may be six months prior to the filing of the application.

Expert WitnessIn some instances an expert witness is utilized to testify on behalf of the

claimant. The expert witness fee is not covered under this agreement and borne by the claimant. However, in most instances benefits are successful without the additional expense and necessity of an expert witness.

Federal AgencyAlthough social security is a federal program, however procedures are

different at the social security field offices and state agencies. The DDS (Disability Determination Services) in that state will make determination whether or not you are disabled. There is almost always a denial at this level. In some states, you then go to reconsideration stage and then a hearing. In contrast, some other states you would have no reconsideration and go directly to a hearing.

Disability and Age-Related Conditions• Typically, for adults in the 40s and 50s early onset of age-related

conditions will manifest• Children with disabilities a precise date of onset is not necessary; disability

before attainment of age 18

Adult Categories• Musculoskeletal

System• Special Senses and

Speech• Respiratory System• Cardiovascular System• Digestive System• Genitourinary

Impairments• Hematological

Disorders

·

• Endocrine Disorders •Impairments that Affect Multiple Body Systems• Neurological• Mental Disorders• Malignant Neoplastic Diseases• Immune System Disorders

Child Categories• Growth

Impairment• Musculoskeletal

System• Special Senses and

Speech• Respiratory System• Cardiovascular

System• Digestive System• Genitourinary

Impairments

• Hematological Disorders • Skin Disorders• Endocrine Disorders•Impairments that Affect Multiple Body Systems• Neurological• Mental Disorders•Malignant Neoplastic Diseases• Immune Systems Disorders

BiographyMy entire professional life consists of the legal field. My youngest son was

extremely ill for many years and I myself became ill in 2008 after completing a master of science degree in justice and security. A close colleague of mine and a family member also became ill during this time. I developed an affinity for the terminally ill and disabled through these experiences and began advocacy for the ill shortly thereafter. My son and I recovered from the severe digestive disorders that we encountered. I enjoy advocacy for the most vulnerable of our society who no longer can take care of themselves. Psychologically it is difficult enough for patients to endure their condition; it is inhumane for them to be disrespected and treated with no dignity simply because they are no longer able to pursue avenues to become or remain economically viable.

You Deserve Your Peace of MindRespect and dignity for the disabled through advocacy in proceedings

You have nothing to lose but the additional stress of navigating through social security during this time

BibliographySalant, J. (2009, October). Social security applications

almost double because of recession. Bloomberg News, Retrieved from http://www.bloomberg.com/apps/news?pid=newsarchive&sid=auyVsU9FRcts