Persons that apply for Social Security benefits often become frustrated when they are denied. They are particularly frustrated when they feel that their relative or friends received benefits so easily while they themselves have been denied.
Persons should be careful to avoid comparing their cases to the cases of others.
All cases are different! Every case has a unique set of facts and evidence.
Different claimants have different kinds and levels of disabilities. It is almost impossible to attempt to compare one case to another.
The decision makers are different! Different fact finders with the Social Security
Administration may view cases differently. They may have a different opinion on credibility or evidence submitted.
Rather than focusing on other cases, more time, money and effort should be utilized to develop and present your own case to the Social Security Administration.
If you have any questions concerning Social Security benefits, you should consult an experienced Social Security attorney. Kent S. DeJean
When a person begins receiving Social Security disability benefits, claimants may believe that they don’t need to do anything else. However, the Social Security Administration imposes duties on claimants to keep the Social Security Administration informed and updated on any changes which can affect a claimant’s eligibility for benefits. These changes include:
Changes in work activity such as changes in hours, rate of pay, and jobs;
Changes in your living arrangements such as other adults and children living in the household;
Improvements in your medical or mental condition; and
If you move out of the country.
Make sure that you keep a copy of any written correspondence notifying the Social Security Administration of these changes in case your notification is loss of misplaced.
Should you have any questions about Social Security disability benefits, contact an experienced Social Security disability attorney. Kent S. DeJean
In applying for Social Security Disability or SSI benefits, attorneys and claimants generally focus on physical disabilities. These physical disabilities can include heart problems, back disorders, or respiratory problems.
Many times, possible mental disabilities are not considered. There can be many reasons that this failure to consider occurs. Claimants may not bring the mental symptoms up in applying or to the attorney’s attention. Claimants may be embarrassed or fail to acknowledge that they have a mental condition.
It is important to remember that mental disabilities can qualify a Claimant for Social Security Disability or SSI benefits just as physical disabilities can. Therefore, mental disabilities should not be ignored.
It is not unusual for persons with major physical disabilities to develop severe depression or anxiety. The Social Security Administration does not consider what caused the mental disability. The fact that the mental disability may have been caused by a physical disability does not matter.
If you are experiencing unusual symptoms such as anxiety, depression, sleeping problems, changes in eating, lack of energy, or isolation, you need to bring these symptoms to the attention of your attorney or Social Security worker.
It is now easier to establish a self-settled Special Needs Trust for your clients. Effective date as of December 31, 2016, Section 1917 (d)(4) (A) was revised to allow an individual with a disability as defined by the Social Security Act to establish his or her own Special Needs Trust.
Now, it is no longer necessary to have a court establish the Special Needs Trust. The new Federal Law, “21st Century Cures Act” may reduce the time, money and effort in having to establish a Special Needs Trust.
We have attached a copy of the applicable section of the Act. If you have clients with a disability receiving means-tested government benefits and receiving a settlement, the client themselves can establish their own Special Needs Trust and protect their government benefits.
If you have any other questions or need a Special Needs Trust established contact either Pete Losavio or Kent DeJean at (225)769-4200.