J. Mitchell Lambros, JD
Excellent knowledge of CFS, FM, and similar conditions.
Extraordinary compassion for people with
Chronic Fatigue Syndrome & Fibromyalgia
needing to apply for Social Security Disability Income.
Mitch's Website
MICHAEL J. LAMBROS
J. MITCHELL LAMBROS
|
LAW OFFICES
LAMBROS & LAMBROS
A PROFESSIONAL ASSOCIATION
–––––––––––
9900 N. YORK ROAD
COCKEYSVILLE, MARYLAND 21030
–––––––––––
(410) 666-2200
FAX (410) 666-0244
TOLL FREE (800) 562-0044
EMAIL: LambrosJM AT AOL.com |
BRANCH OFFICE
–––––––
THE MAULSY BUILDING SUITE 2B
133 E. MAIN STREET
WESTMINSTER MD 21157
–––––––
(410) 876-7610 |
MYTHS ABOUT SOCIAL SECURITY DISABILITY CLAIMS
"There's
no point in trying because I've already been denied"
Social Security is well known
for initially denying meritorious claims that later are approved by an
Administrative Law Judge. Don't let a bureaucrat determine
your future. Keep appealing until you get a judge.
"I've
appealed once and lost, so there's no point in appealing again"
Social Security disability
claims have to be appealed twice
in order to get to an Administrative Law Judge. The first
appeal is decided only by another bureaucrat. Keep
appealing until you get a judge.
"Social
Security disability is only for people who won't be able to work for
the rest of their lives"
Not true. Social
Security disability is for persons who have been
or are expected to be disabled for a year or more. Benefits
can be awarded for a closed period if you successfully return
to work.
"I
can't afford to pay a lawyer to help me"
Wrong. Lawyers are
not allowed to charge up front for Social Security disability
claims. Under federal regulations, a lawyer is not owed any
fee unless you win. If you do win, then the government pays
your lawyer 25% of the money that it owes you for past due benefits, up
to a maximum of $5,300.
"I
don't need a lawyer because the government is helping me with my claim"
Don't be fooled. The government
will not act to protect your rights
as a lawyer will. Social Security regulations are hundreds of
pages long and there are hundreds of agency and court decisions
interpreting them. Often, you must attend a hearing before a
judge where evidence is presented. You need someone looking
out for you.
"The
government will get all of the medical records needed for my claim"
Don't count on it.
Doctors prepare records for the purposes of diagnosis and treatment and
certainly are not thinking of Social Security regulations.
Often, claims can't be won without getting supplemental reports from
doctors addressing the specific issues raised under the regulations.
"It's
o.k. to wait and see how my condition does before deciding to apply"
Bad idea. You only
are entitled to SSDI benefits for the one year period preceding your
filing date. SSI benefits are only owed from the date of
application. Waiting could mean lost benefits.
"To
apply, I'll have to go to a local Social Security office and wait for
hours"
You don't have to.
Claims can be done by telephone and by website.
"I'll
win because my doctor says I'm disabled"
Bad bet. While this
makes sense, Social Security does not accept a doctor's opinion as to
whether someone can work. Instead, Social Security only
accepts a doctor's opinion as to a patient's restrictions - for
example, how much they can lift. Employability is determined
by vocational expert testimony. At your hearing before an
Administrative Law Judge, a vocational expert likely will be present to
give testimony. Cross-examination of this expert can be
critical, and this is another good reason for having an attorney.
"As
long as I'm earning any money, I don't qualify "
Not necessarily. You
can earn up to $800 per month and still be regarded as
disabled. Periods when you earned more than that
can, under certain circumstances, be regarded as trial work periods or
unsuccessful work attempts for which you are entitled to
benefits.
"If
I draw benefits now, then I'll get less at retirement age"
Wrong.
"Social
Security disability doesn't cover psychological problems"
Not true. The law
wisely has recognized that these types of problems
can be just as devastating as physical problems, if not more
so.
"Social
Security will do nothing to help me with my health insurance problem"
Not necessarily. A
person approved for SSDI benefits is eligible for Medicare coverage
once they have been eligible for disability benefits for 2
years. This is the same coverage that persons age
65 and older get. Persons approved for SSI get
Medical Assistance immediately.
“I’ll
apply on my own and see if I get denied before getting an
attorney”
Bad idea. What you
say on your application as to your disabling conditions and how they
prevent you from working is extremely important. Very soon
after you apply, you are asked to fill out a detailed Daily Activities
Form, which disability examiners will leap to use as proving that you
are active enough to do some kind of work. Once those things
are written down, they are hard to counter. An ounce of
prevention is worth many pounds of cure.
MICHAEL J. LAMBROS
J. MITCHELL LAMBROS
|
LAW OFFICES
LAMBROS & LAMBROS
A PROFESSIONAL ASSOCIATION
–––––––––––
9900 N. YORK ROAD
COCKEYSVILLE, MARYLAND 21030
–––––––––––
(410) 666-2200
FAX (410) 666-0244
TOLL FREE (800) 562-0044
EMAIL: LambrosJM AT AOL.com |
BRANCH OFFICE
–––––––
THE MAULSY BUILDING SUITE 2B
133 E. MAIN STREET
WESTMINSTER MD 21157
–––––––
(410) 876-7610 |
SOCIAL SECURITY PROGRAMS FOR THE DISABLED
Includes
Special Issues for Chronic Fatigue Immune Dysfunction Syndrome (CFIDS) Sufferers
in Proving Disability
PDF - on a separate page
For Further Information
Social Security Ruling 99-2p
Policy Interpretation Ruling TITLES II and XVI:
Evaluating Cases Involving CHRONIC FATIGUE SYNDROME (CFS)
Social Security Administration Disability Publications
§404.1505 Basic definition of disability.
|