Diabetes Mellitus

Recently the Social Security Administration proposed changes in it regulations that would make it harder for persons with Diabetes Mellitus to obtain disability benefits. The changes would have the effect of eliminating the Listings for endocrine disorders for claimants over 6 years of age. Listings 9.00 and 109.00. 74 Fed. Reg. 66069 (Dec. 14.2009). According to the Social Security Administration new therapies for the treatment of diabetes have made it much easier to control the disease. This action by the Social Security Administration sends the wrong message to decision makers and Administrative Law Judges who must make rulings on a person’s disability claim. It is not logical and represents a missed opportunity to provide regulations and guidelines for decision makers who must review an ever increasing number of claims based upon the debilitating complications of diabetes. Even though there have been advances in the treatment of diabetes more and more people are becoming disabled by the complications of the disease as the number of people who suffer from the disease has increased.

Diabetes is a disease that has reached epidemic proportions in the United States. It is a leading risk factor for heart disease, blindness, kidney failure and stroke. The old listings were inadequate and in need of revisions in order to give better guidance to the decisions makers. Instead of revising the listings for diabetes the bureaucrats eliminated them. It is very difficult to see how this can make the system work better.

The reasoning that diabetes is now easier to control is only true for people that have the financial ability to obtain adequate treatment. It is a Catch 22 scenario. Many claimants do not have the ability to obtain adequate treatment until they are first found disabled and can access Medicare and Medicaid. This process can take several years under the current system and during the delay the claimant is likely to become much sicker as the disease progresses. It is often true that even those claimants who are on Medicaid face shortages in obtaining adequate treatment which entails a long educational process and frequent adjustment of medications. Claimants who are out of work, lack transportation and live on the charity of friends and relatives often find it impossible to obtain the medical care necessary to control diabetes.

Once again the Social Security Administration has gone down the wrong path. Instead of improving the system it has confused the issue and missed an opportunity to make the system work better for those in need of disability benefits. Please contact your Congressman and ask to contact the Social Security Administration about their need to do a better job of enacting regulations to fairly and effectively guide their decision makers in making disability determinations for those who suffer from diabetes.

We represent Veterans

Veterans and their families are often entitled to receive a wide range of benefits as a result of their military service. Most attorneys and veterans are not aware of the full range of benefits that are available. For instance a veteran who has served in time of war and who is vocationally disabled may receive a need based benefit even if is injury or illness is not service connected. It is also possible for a veteran or his spouse receive aide and assistance in their home or assisted living facility (similar to long term care) if they are unable function independently. Many veterans believe that they have to have an honorable discharge to receive veterans’ benefits, but the truth is that many veterans that have received other discharges are also able to receive full benefits. These are but a few examples of the type of benefits that are often overlooked.

Veterans who are in need of disability benefits face the challenges of long delays and a confusing nightmare of red tape. Recent changes in the regulations have made it possible for private attorneys to be of much greater assistance with veterans’ disability claims.

How long does it take to schedule your social security hearing?

HOW LONG DOES IT TAKE TO SCHEDULE YOUR SOCIAL SECURITY DISABILITY HEARING?

Average hearing office processing times in Mobile, Alabama; Hattiesburg, Mississippi; and Jacksonville, Florida

The most recent average processing times for Social Security hearing offices are now available. Our firm handles cases in Alabama, Mississippi, and Florida, and these different areas have slightly different procedural rules and processing times.

In the Mobile, Alabama hearing office, the average time between when an appeal is filed and when a written decision is made is 473 days, or 1 year and 3 months. Of course, this is only an average time. For various reasons, some cases are handled more quickly or take additional time, but most claimants who are served by the Mobile office can expect to wait approximately 1 year and 3 months to receive a decision on their appealed claim.

In Hattiesburg, Mississippi, the average processing time is 393 days, or 1 year and 1 month. In Jacksonville, Florida, the average time is 451 days, or 1 year and 2 months.

In Alabama, a claimant can file a Request for Hearing (that is, a request that their case be heard by an Administrative Law Judge) immediately upon receiving a denial of their initial claim, thus skipping the Reconsideration step. As a result, although the processing times in Hattiesburg and Jacksonville are slightly shorter than that of Mobile, a case in Florida or Mississippi may actually take longer because a claimant loses an additional 2 to 3 months at the Reconsideration step.