Martin, Jones, & Piemonte - Attorneys at Law

  Myth 5:  Certain Medical Conditions Obtain Automatic Approval.     The honest answer is no....well, not exactly.     Social Security does selectively pick and define certain conditions that, when all of  the required conditions are met,  the individual is approved for benefits. It is not “automatic” but p retty close . These  conditions  and their re quirements are “listed” in a manual used by disability evaluators to initially determine  eligibility .  While these listed impairments are quite helpful to those who FULLY meet the listed requirements, those individuals are in the extreme minority.  The requirements of the listings are so detailed that most  individuals  with severe and  truly   disabling  conditions do not fully meet  these “automatic” disability  definitions. Most of my clients do not fully meet these listings. Yet  the vast majority of  them are eventually app...

  Myth 4: People who are approved for VA disability, Medicare, or Medicaid automatically receive disability benefits.     I wish this myth were true.  Often times VA disability, Medicare, or Medicaid will be approved before Social Security disability. While it helps these people continue to receive medical treatment, it does nothing to relieve their primary stress, the inability to earn an income. All four basically use the same definition of “disability”  and consider the same things.   But Social Security is not required to follow the decisions of the VA, Medicare, or Medicaid even though the same definition and considerations are used. In fact, in 2017 Social Security changed their rules to say that their judges do not have to give any reasoning for not following a finding of disabled by the VA, Medicare, or Medicaid. The good news is that Medicare and Medicaid are required to grant benefits if Social Security finds you disabled and the VA must take that...

  Myth 3: People usually wait 2 years or more to win their disability cases.   Sadly, this one is true. I cannot imagine surviving 2 years or more without an income and without the ability to work. But there are ways to get Social Security’s attention earlier in your case. First, be sure to ask your doctors to respond as quickly as possible when they get a request for your records from Social Security. And second, ask your doctors to write a letter to Social Security explaining what you can and cannot do and what are the reasons for their opinion of your limitations. The sooner Social Security gets this information the better your chances to get a quicker favorable decision on your case.   George C Piemonte Martin, Jones, & Piemonte Board Certified Specialist in Social Security Disability Law Admitted to the US Court of Appeals for Veterans Claims NOSSCR Vice President Website:  www.mjpdisability.com

  Myth 2: People who are not disabled often unfairly win benefits while truly disabled people are denied benefits. The Social Security disability process can be slow and inefficient and can seem unfair. Contrary to what you may have seen or heard; the Social Security disability program is not fraught with fraud. In fact, the opposite is true. According to the Inspector General out of the millions of claims filed by disabled people the percentage of fraud is less than 1%. This myth prevails due to a lack of understanding of Social Security’s definition of disabled as well as knowledge of the full health conditions of the person perceived as not deserving benefits.     In most cases disabled people will eventually have their benefits approved – so long as are sure to properly appeal. It can be a long and frustrating process to have to deal with, especially when you are also faced with illness or injury. But, as I have been telling my clients during my 25 years helping them,...

  There are many myths out there about disability and Social Security disability in particular. This is the first in a series of articles that will address these myths and give you the truth.   Myth 1: If my doctor writes that I am disabled, Social Security will approve my claim.   Of course, it makes sense that your doctor knows you better than I or Social Security do. But Social Security does not follow common logic. If your doctor merely states that you are “disabled” without any further explanation, Social Security will ignore that statement almost completely.   Within the Social Security Administration’s disability programs, Social Security believes that the word “disabled” is theirs to define and who meets that definition. That definition has been discussed and clarified by regulations and court cases and can be very confusing, even to Social Security. Social Security’s definition considers your medical impairments, your limitations from those impairments, your...

       I often get asked the question…Does a veteran need to hire an attorney to assist with his/her VA disability appeal? The answer to that question is no; a veteran can file an appeal of an adverse disability claim decision on his/her own or utilize the services of a Veterans Service Organization to assist.     However, there are many benefits to hiring a VA attorney.     All VA attorneys practicing before the Agency, Board of Appeals or Court of Appeal for Veterans’ Claims must be accredited with the VA.     Accreditation requires a State Bar Report of Good Standing as well as continuing legal education requirements.     Accredited VA attorneys cannot charge a fee until an initial decision has been issued by the VA.   Unfortunately, in some communities there are companies that claim to be “consultants” and charge exorbitant fees to assist veteran’s with filing VA disability claims.     Those “consultants” are...

     In previous posts, we have discussed how securing quality representation early can strengthen your claim for Social Security disability as well as the importance of communicating clearly to your health care providers about your conditions. This is especially true if you have fibromyalgia.      The main characteristic of fibromyalgia is widespread pain in the joints, muscles, tendons, and soft tissues lasting for at least three months. Fibromyalgia is a very common and complex condition that many of our clients have struggled with for years. Fibromyalgia, like other chronic pain conditions, also waxes and wanes. There are good days and bad days and then worse days. Those with fibromyalgia often suffer “fibro flares” in which they have significantly worse symptoms than usual and then they may eventually experience periods of relief or return to a baseline level of symptoms which still affects their day-to-day life, all in a continuous cycle.   ...