New York Disability Lawyer & Attorney : Turley, Redmond & Rosasco : Brooklyn, Queens, Long Island, Nassau, Suffolk, Bronx, Staten Island

Last night the CBS Evening News with Katie Couric unveiled the first of two special reports on the Social Security Disability claim backlog.  My friend and fellow Social Security Disability lawyer, John Hogan, was interviewed and spoke of the 2 1/2 year wait for a hearing in the Atlanta area!  When you see the disabled claimant's profiled in this report, you will realize how cruel and unacceptable such waits are. 

I suppose that we should be thankful that the hearing wait in the New York metropolitan region is only 18 months!???  But it is hard to feel this way when you see clients losing their homes while they wait for the disability benefits they paid for and deserve.  Sadly, some of my clients have died before they get their hearings.  Hopefully, Congress will listen to this report and fund Social Security properly so that future claims can be expedited. Catch Part 2 of the CBS special report tonight at 6:30 pm EST by clicking here.  Thanks for your concern, Katie!

Happy New Year to all the readers of the New York Disability Law Blog!  Over the course of 2007, we are pleased to report that our firm has once again helped thousands of injured and disabled claimants successfully win the benefits they deserve.

Our blog has  tried to provide timely and helpful information to all those struggling with a variety of disability claims, including long term disability insurance claims, Social Security disability claims,  workers' compensation claims and VA disability claims.  Since its inception in March 2005, our blog's readership has steadily grown and we have become a frequent resource to reporters and other media professionals on disability claim matters. 

We look forward to another year of fighting the good fight for our clients and friends. We wish you and your families a healthy and happy 2008!

"This boy is Ignorance. This girl is Want. Beware them both, and all of their degree, but most of all beware this boy..."  - Charles Dickens, A Christmas Carol (1843).

At this festive time of year, when so many of us have more worldly goods than we truly need, let us not forget those among us who are not working due to accidents or disease.  The attorneys at Turley, Redmond & Rosasco have dedicated our professional lives to to lifting up and providing for injured and disabled claimants with ERISA and private long term disability claims, Social Security disability claims and workers' compensation claims.  May the year 2008 bring happier and healthier days to the clients we serve.  Merry Christmas!

Yesterday's front cover of the NY Times had an article detailing the long delays in the Social Security Disability claim process.  Much of the backlog is the result of Congress failing to adequately fund a Social Security disability claim system which is now facing more claims due to the aging of the "baby boomer" generation.  Today, a rash of editorials skewering both President Bush and Congress for this preventable crisis hit the streets and the far reaches of the Internet.  Something must be done - now! 

Last week, I traveled to New Haven, Connecticut to handle a Social Security disability hearing for an emergency room physician stricken with chronic Lyme disease.  The hearing before an Administrative Law Judge went well and we will win the case.  However, the client had to wait over 18 months for her hearing before the judge.  In this particular case, the wait did not have a dramatic financial impact on the doctor since she was already collecting benefits from her own private long term disability insurance policy through Northwestern Mutual Life. 

But this is the exception, not the norm.  Less than 20% of my clients have either employer sponsored group ERISA long-term disability plans or private individual disability income protection.  Most of my clients, when faced with the long delays at Social Security disability, are facing either bankruptcy or foreclosure.  As stated in the article, some die before their case is heard.  I have one such client in the hospital now with stage 4 terminal cancer.  In most cases, "justice delayed is justice denied".  A judge has not even been assigned to the case yet.  Thankfully, I was able to call in a few favors and have Social Security place this case on an expedited review.

The Social Security Administration recently proposed new rules to streamline the disability appeals process.  Click here to see the new rules and submit your comments.  Some of their ideas are good, others would harm disabled claimants even further.  As a member of the NOSSCR Board of Directors, I can assure you we will be submitting detailed comments to both expedite claims while protecting fundamental fairness to disabled claimants.

As an Air Force veteran myself, it was reassuring to know that so many talented veteran disability claim lawyers were in attendance at the National Organization of  Veterans' Attorneys (NOVA) conference last week in Washington, DC.  My partner David Tobias and I attended, and as always, there was much to learn.  

If there was one thing that stood out in my mind from this conference, it would be the realization of the staggering numbers of Post Traumatic Stress Disorder (PTSD) service connected disability claims that we will all be seeing come out of the current Iraq war.  Formerly called "Soldiers Heart" and "Shell Shock" in prior conflicts, untreated PTSD can wreck families and lead to violence, criminality,  alcoholism, drug abuse and homelessness. 

I handled my first Vietnam Veteran PTSD disability claim about 15 years ago.  My client had already been through at least six 30-day alcohol rehabs at the VA Hospital in Northport, Long Island (New York).  When he would get out, his way of staying sober was to camp in the desolate woods of northern Maine for months at a time. 

Many would have considered him unlikable at best,  an angry  violent criminal at worst.  Despite his untrusting nature, he allowed me to get to know him.  Bottom Line- prior to his Army service in Vietnam, he was a good kid just out of high school.  I never asked what he saw in Vietnam which caused him such obvious anguish and pain now, but his eyes told you "don't go there".

At the time he came to me through a fellow Vet trying to help, he could not cope with regular society while sober.  The Northport VA Hospital did not (or could not) provide any long term effective treatment  for his underlying psychiatric condition which was the root cause of his alcoholism.  He was using alcohol to "self-medicate". 

Thankfully, despite some delays caused by his unpredictable absences, I was able to get him full disability benefits.  His checks were sent to his mother's house for his benefit.  I never heard from this vet again after we won his case, which I did not think was unusual given his disability.  However, his grateful elderly Mom did stay in touch, which was nice.

One of the best parts of the conference was our Friday luncheon speaker, the feisty "VA Watchdog" Larry Scott.  He told us about the VA's new "3 week cure " for PTSD!  Of course, we all know that the VA has been on the cutting edge of medical break-throughs for some time now ... but a 3 week cure?! 

Sounds like the one night "stop smoking hypnosis seminar"  I once took, or the 4 hour "rapid heroin detox", which I didn't!  Only the VA would come up with such an absurd treatment plan. 

Thank you, Larry, for exposing the real motivations of the VA.  After all, if the Iraq vet is now "cured", they don't have to pay the service connected disability pension.  Despite the veteran's honorable service in a mistake strewn war, its all about the money. 

We will just have to beat the VA, one disability claim at a time.  Remember, thanks to the new law, after June 20, 2007 you can  hire a lawyer to help you sooner than before.  You don't have go it alone.   

Turley, Redmond & Rosasco founding partner William "Bill" Turley was endorsed today by Newsday as Smithtown's next representative in the Suffolk County Legislature.  Bill, who has been practicing workers' compensation and disability claim law on Long Island for over 20 years, impressed the Newsday staff with his innovative ideas on clean energy and immigration. 

• 13TH DISTRICT
  
  North Smithtown, part of Huntington
  
  Republican Lynn Nowick, 60, of St. James, is running for a fourth term. Her assiduous constituent services assure her popularity. But she has few constructive new ideas, especially regarding the 800-pound gorilla in her district: the fate of the former Kings Park Psychiatric Center.
  
  On this vexing issue, her Democratic opponent, William Turley, 49, of Fort Salonga, agrees that the legislature has little influence beyond rhetorical support of a better proposal for the complex's use. But Turley, an attorney specializing in workers' compensation, brings a refreshing and progressive perspective that differs sharply with Nowick's in every other respect. He favors hiring halls for migrant workers, wants stricter penalties for sex offenders but is concerned about the constitutionality of residential restrictions, and would push for alternative energy policies in the county to offset dependence on foreign oil. We endorse Turley.
  

For many disabled clients on Long Island and New York City, Bill has been a steady hand guiding them through the disability claim maze.  Good luck Bill on November 6th!

I'm off to St. Louis to attend the NOSSCR conference for the next few days.  In between my Board of Directors meetings, I'll be sharpening my Social Security disability lawyer skills at some of the great seminars NOSSCR always offers.  See you on the blog next week.   

Thanks to Jane Reilly and all those at the Long Island, New York Chapter of the National Multiple Sclerosis Society for inviting me to participate at their annual free "Meet the Attorney" night last week at the Melville headquarters.  I had a private meeting with a lovely woman struggling with MS to discuss both her ERISA long term disability claim with Unum, and her pending Social Security Disability claim.  

I advised her NOT to use the "free" representation from GENEX Services to assist her with her Social Security Disability claim, as GENEX operates solely for the benefit of Unum, and therefore has a major conflict of interest similar to Allsup and Advantage 2000.  (See my previous blog posts  about Allsup and Advantage 2000 for the full story).  GENEX is no better! Did you know that GENEX Services was a wholly owned subsidiary of Unum until just recently, and that Unum remains their major client.  This tells you everything you need to know. 

I told this grateful woman she would be far better off hiring a private attorney to represent her in her Social Security Disability claim,  regardless of who the particular attorney is.   Attorneys have an ethical obligation to guard the client's secrets and confidences, as opposed to GENEX which is obligated to share personal information with Unum since Unum is paying their bill.  Money talks!

In other MS news, my partner Chris Redmond participated in a Bike-A-Thon recently to raise funds for multiple sclerosis research.  Finally, Chris' Uncle Ed Keegan, age 69 and still a top New York Life Insurance Agent, made headlines in Newsday by walking across Long Island in a T-shirt that read "Who Gives 100%?" to raise funds for MS.  Ed's daughter has MS.  Ed Keegan gives 100% ! Thanks Ed!

It's all in your head!  You do not have "objective medical evidence" of a disabling condition!  Your symptoms are "self reported" and not supported by "testing"!  Any chronic fatigue syndrome (CFS) sufferer whose disability claim has been denied by either Social Security or an LTD insurance company has seen these infuriating phrases before.  As reported by Dr. Sanjay Gupta of CNN last week, a new study and test for CFS may put an end to this injustice.

Despite ample clinical evidence of disability from treating physicians, many ME/CFS and FM patients and couldn't get past "objective evidence" roadblock put up by ERISA disability plan administrators.  Social Security finally caved a few years ago by issuing a ruling telling Administrative Law Judge's that Chronic Fatigue Syndrome claimants did not need objective medical evidence to prove that they were disabled.  Like other auto-immune disorders such as fibromyalgia (FM), lupus and sarcoidosis, CFS is primarily diagnosed based upon the patient's reported symptoms. 

The new study involved stomach biopsies done through endoscopy which revealed a strong association between enterovirus and CFS.   While a confirmatory stomach biopsy might not change the course of treatment for any chronic fatigue syndrome patient, it could be the evidence that long term disability lawyers need to obtain benefits for clients from disability insurance companies.  Gotcha Unum and MetLife!   For any of my disability insurance claim clients fighting a CFS case, I will be sure to tell them to discuss an upper GI endoscopy with their treating physician.  It could mean the difference between winning and losing your long term disability claim.

Did you know that over 60% of all initial Social Security Disability claims filed without a lawyer are denied? Did you know that the Social Security Disability appeals process can now take up to two years?  In New York, the current backlog of disability cases awaiting a hearing before an Administrative Law Judge is over 52,000 - one of the worst in the nation! 

However, there are several things you can do to avoid this intimidating bottleneck:

• Have a heart-to-heart talk with your treating doctor.  Ask him directly if he is willing to support your disability claim in writing. Without the proper medical evidence, no Social Security Disability lawyer can win your claim.  Some physicians simply don't want to be bothered with Social Security paperwork.  A few others have a "God complex" along the lines of "if I did surgery on you, you can't be disabled!".  If your doctor is unwilling to support your case but you still believe you cannot work, ask you lawyer for the name of a credible doctor who can give you a second opinion.   It could make the difference between bankruptcy or a steady stream of income for the rest of your life;
• Unfortunately, Social Security does not grant great weight to the reports of chiropractors for spinal disorders or social workers for mental disorders. If you are treating with these professionals, you may have to supplement your medical records with reports from orthopedists or neurologists for back and neck problems, or psychiatrists or psychologists for depression and other mental disorders.  Speak to an experienced Social Security disability attorney who can help you select a doctor who understands the written proof necessary in disability claims;
• Don't minimize the actual physical demands of your job.  If you are a secretary, but your job also requires you to lift boxes of copy paper to load the copy machine, you must write this in the "work history" portion of the application.  Otherwise, the Administrative Law Judge who will hear your case might think that you lift nothing more than a telephone receiver all day.  Failure to accurately describe the physical and mental demands of your occupation could be fatal to your case;
• Hire an experienced Social Security Disability attorney at the initial application stage.  It does not cost any extra money to hire a lawyer early in the process!  If you also have a long term disability claim, don't let the insurance company dictate who your Social Security representative will be.  These "advocates" or "representatives" work for the insurance company, not you.  And to boot, they charge the same fees as lawyers who are ethically bound to protect only your interests.
• Many believe wrongly that filing for Social Security is a simple process requiring the completion of a few forms.  In reality, it is a confusing, long process governed by strict government regulations as the above statistics show.  What you write in your initial application can come back to hurt you later at the almost inevitable hearing before a Judge.  An experienced attorney who knows the local judges, unlike faceless representatives at large advocacy groups like Allsup or Advantage 2000 who work for long term disability insurance companies, can personally meet with you to map out a winning strategy;

Since most initial applications are denied, you will want to have an attorney by your side when you appear at a Hearing Before an Administrative Law Judge.  At this hearing, your sworn testimony under oath will be tape recorded for potential review in a federal court.  Remember - your Social Security claim is governed by federal case law and regulations. The lawyer you choose can make all the difference!

I was reading the magazine section of my Sunday paper this weekend and ran across a great article on online support groups by Peter Waite, the founder of HealingWell.com, a website devoted to online discussion groups for individuals with chronic illnesses.  I have always been a big fan of support groups for those with particular medical conditions, whether they be cancer, diabetes heart disease or some less common but equally disabling conditions.  However, I have always been dubious of recommending specific online disease forums due to the proliferation of bad medical information and questionable "lurkers".  Up until now, about the only Internet medical site I have recommended is MedlinePlus, sponsored by the National Institute of Health.  MedlinePlus is the starting place for my medical research.

Mr. Waite makes an excellent suggestion that anyone considering participation in an online support group first check out who sponsors the site (is it a drug company that wants to sell you its latest multiple sclerosis medication?) and if the site is accredited by the Health on the Net Foundation.  He also discussed proper online etiquette and the always sound mantra to check everything with your doctor.

My curiosity piqued, I got out of the recliner, sat down at my computer, and went to the HealingWell.com website.  It is well organize and has a user friendly interface.   More importantly, it has well attended discussion forums on diseases such as fibromyalgia, chronic pain, lupus, depression, arthritis, Crohn's Disease and ulcerative colitis, to name a few.  For those of you who are fighting a Social Security Disability claim or ERISA long term disability claim, this helpful site may give you some much needed support in the interim.  

Last week, the New York Daily News published a sad article about disability benefits and our client's 3 1/2 year struggle to obtain the Social Security Disability benefits she deserved entitled "Filing for Disability, but Finding Discouragement".   As detailed in the article, our client was mentally retarded and could not read or write. 

In mid-2003, she applied for Social Security Disability benefits.  Unbelievably, her claim was denied about 6 months later.  Our office filed an appeal called a "Request for a Hearing before an Administrative Law Judge" in the Queens Office of Disability Adjudication and Review.  Our client eventually appeared for a hearing before an Administrative Law Judge after waiting an additional 12 months.  At the hearing, the law judge called a special Social Security medical expert to testify.  The medical expert testified that our client was disabled under Social Security regulations.  End of story - right? No!

Despite  the testimony of his own medical expert saying our mentally retarded client was disabled, the judge again denied the claim in a poorly written decision a few months later.  This particular judge is known for horrible decisions. We then immediately appealed our client's case to the Social Security Appeals Council (a panel of reviewing judges) in Falls Church, Virginia.  Finally, in January 2007 the Appeals Council  fully reversed the original judge's decision and granted our client disability benefits, some 3 1/2 years after her initial application. 

As the claimant's mother said in the article, "when we needed the system, it wasn't there for us".  When the mentally retarded need retain disability attorneys to get the Social Security Disability benefits they deserve, you can only imagine the challenge the rest of you might have, especially in the New York City area.   

Welcome to the newly designed New York Disability Law Blog!  As you will notice, I changed the official title of the blog from "The Disabled Worker Law Blog" to the  more informational "New York Disability Law Blog".  This is in keeping with the blog's purpose of providing useful information and insight regarding disability claims to fellow attorneys and the general public. 

To this end, I am excited to announce the creation of the blog's "Disability Law Library" which will be continually added to and updated.  I hope that this will eventually become the first place attorneys and claimant's turn to when researching disability claims and legal issues.  Still in it's formative stages, the library will have sections on long term disability and ERISA claims, Social Security  disability, New York workers' compensation, civil service disability pensions, scaffold /ladder /construction site lawsuits and a new section on the unfortunate expanding area of veterans' disability claims.

In addition, in 2007 we hope to do a better job collaborating with fellow bloggers such as Jonathan Ginsberg and his excellent Social Security Disability Radio Blog.  Please feel free to comment about the new design and let me know how the New York Disability Law Blog can better serve your needs.  Talk to you soon.

Social Security has a special definition for the term "disability". It is very specific and is related to your ability to work. To qualify for disability from Social Security, you must have a physical or mental impairment that is expected to keep you from doing any "substantial" work for at least a year, or you must have a condition that is expected to result in your death.This is a fairly strict definition of disability in order to receive benefits. There is no such thing as a "partial" disability payment from Social Security. However, individuals who have been found only "partially disabled" under workers' compensation standards may also be eligible for Social Security Disability. You should talk to a lawyer about your individual disability to see if you qualify.

Social Security's rules are different from other plans or government agencies. So the fact that you qualify for disability from somebody else does not mean that you will be eligible for Social Security. Further, the fact that you have a statement from your doctor indicating that you are "totally disabled" does not mean that you will be automatically eligible for Social Security disability payments. You should speak to one of our attorneys to discuss the specifics of your individual case.