Hoglund Law Blog » Social Security

An Alternative Treatment for Arthritis

admin — Fri, 06 Jan 2012 17:13:23 +0000

A procedure known as platelet rich plasma, or PRP injections, are being used to alleviate arthritis and other joint pain. Avivia Gianetti is an active golfer who is in her late 50s. However, soreness and pain running down her arms left her unable to play her favorite sport. Not keen on the idea of surgery, her doctor suggested a new procedure known as PRP. The procedure allows the patient to be relieved of pain without having to go under the knife. In the procedure, the patient’s own plasma, a natural nutrient found in blood, is separated from the blood cells and injected into the damaged joints. The PRP injection helps repair damaged cartilage and joints.

Notable athletes such as Kobe Bryant and Matt Forte have been using PRP to alleviate joint pain; however, baby boomers may want to take advantage of this alternative to surgery as well. Due to the aging baby boomer population joint replacements are rapidly growing. Knee replacement surgeries have doubled over the past decade. Although many experts contend that PRP injections are not a proven substitute for surgery, they may be a good option for some. Dr. Jazrawi states, “This is certainly, potentially one treatment option that may be utilized, but it’s not the magic bullet.”

Dr. Jazrawi uses the PRP injections most often in the treatment of chronic arthritis. Patients are able to schedule a quick visit with Dr. Jazrawi to receive the injections. And more often than not, one quick injection in Dr. Jazrawi’s office will allow a patient to get right back to their active lifestyle. Dr. Jazrawi notes that PRP should not be the first-line of treatment. Instead, he suggests that patients maintain an active and healthy lifestyle with dieting and exercise. There is always a risk in applying new technology, and Dr. Jazrawi asserts that he does not want to apply this new technology in a haphazard manner.

Source:

Lara Salahi, Cutting Edge: Joint Injections Heal Baby Boomer Arthritis, http://abcnews.go.com/Health/Wellness/cutting-edge-joint-injections-heal-baby-boomer-arthritis/story?id=15214643 (accessed 12/22/2011)

Beating Type 2 diabetes may be just that simple

admin — Fri, 16 Dec 2011 23:01:12 +0000

In an astounding study presented at Chicago’s Radiological Society of North America, a team from the Leiden University Medical Center found that Type 2 diabetes can be eliminated in patients in just four months. What is the cure for Type 2 diabetes? The answer to that question is simpler than you might think. A low-calorie diet has shown effectively to cure Type 2 diabetes in just four months.

The Leiden University Medical Center in the Netherlands conducted a study that included seven men and eight women with Type 2 diabetes. Each subject consumed just 500 calories a day for four months. At the end of the study, the low-calorie diet effectively eliminated insulin dependence and reduced the amounts of dangerous fats around the heart in all 15 of the patients. “It is striking to see how a relatively simple intervention of a very low-calorie diet effectively cures Type 2 diabetes,” said lead researcher Sebastian Hammer.

This extreme dieting may have long lasting effects as well. In a similar study conducted by Newcastle University in the United Kingdom, many patients in the study remained disease free even several months after completing the program and returning to a normal diet. Although the results of these tests are very promising, doctors warn that this type of therapy is not for everyone, and patients should consult with their doctors before beginning this type of reduced-calorie diet.

Source:

Yahoo! News, Reduced-calorie diet could beat diabetes in four months, http://news.yahoo.com/reduced-calorie-diet-could-beat-diabetes-four-months-164141607.html (accessed 12/6/2011)

Mixed Reviews in light of Social Security Administration’s Changes

admin — Fri, 16 Dec 2011 22:58:17 +0000

Earlier in the year, the Social Security Administration in Baltimore decided to implement changes in the federal disability benefits program to reduce the straining backlog of applications. The Social Security Administration implemented new medical examination policies, which Social Security Administration spokesman Mark Hinkle contends, “decisions are timelier… but this does not mean we are sacrificing quality for speed.” However, some doctors have criticized some of the new policies.

New policies resulted in a vast increase in the number of people receiving benefits. Doctors have been working harder and faster to meet the Social Security Administrations new standards. The new policy resulted in a pay cut for doctors unless they were able to work faster to get through more cases. Additionally doctors were required to stray farther from their areas of expertise. As a result of the policy change, 45 of the 140 doctors working in the Baltimore offices either quit or were fired.

After implementation of the new procedures in Baltimore, eye doctors were assigned back-pain cases, dermatologists reviewed strokes, and gastroenterologists reviewed cases of deafness. Although doctors receive extensive training in a broad range of cases, some of doctors have not examined certain medical issues in years. As a result, Dr. Novin notes that some people who shouldn’t be getting benefits are getting it, and some people who should be getting it aren’t getting it. Dr. Novan, the former chief of surgery at Baltimore’s Harbor Hospital contends that he was fired because he was pressured by a supervisor to change his medical opinion and award benefits when he did not believe the person was prevented from working.

The Social Security Administration previously has tried to improve the medical screening process; however, little success has resulted. The Social Security Disability program certainly has not been an easy program to fix. The agency is under extreme political pressure to reduce the backlog of cases, but at the same time, the changes in medical procedures is creating problems of its own. Whatever, the final consensus is in Baltimore will surely affect the program in the rest of the country. Many consider the Baltimore the flagship office of the Social Security Disability program.

Source:

Damian Paletta, Doctor Revolt Shakes Disability Program, http://online.wsj.com/article/SB10001424052970204621904577016221945984492.html (accessed11/22/2011)

6 Questions to Ask before you Hire a Social Security Disability Lawyer

admin — Mon, 21 Nov 2011 04:34:38 +0000

Roseville, MN. Finding a good lawyer for your Social Security Disability and SSI claim can be difficult. Promises on the Internet and TV ads are seemingly endless. Finding a good lawyer, however, is important. How can you do it?

I wrote a HoglundLaw blog last year about how to choose a lawyer for your Social Security claim. Clarity is in order. A good Social Security lawyer can correctly answer these 6 questions below correctly. Before you hire a lawyer, print this out and ask these questions. Can your potential Social Security Disability lawyer pass this test?

Ask: “Are you a licensed attorney?” If you want representation from a lawyer who has gone to law school and can practice law, this will cut to the chase. This is a yes or no question.
Ask: “How many hearings do you average a week?” For most lawyers, an average of 2 or more Social Security hearings per week says a lot about their current experience and client base.
Ask: “Do you ever get into arguments with Social Security staff or judges?” If your prospective lawyer brags about “scuffles” with Social Security, decide if he or she burns bridges. If you smell smoke, get out! You don’t want to be lugging around your lawyer’s baggage. You want a persuasive lawyer. Leave attack dogs at home.
Ask: “What do you argue other than medical evidence at Social Security hearings?” Listen to the answer. A good Social Security lawyer can explain how he or she will make you a real person for the judge at your hearing, not just a list of diagnoses.
Ask: ”What is your win rate?” This is a trick question. Bad lawyers brag and induce you to hire them with a “success” rate. Legal promises like this are unethical. And there is another problem. How do you think a lawyer gets a high win rate? Cherry-picking. Do you want to get dumped before your hearing to preserve the win rate? A good lawyer, on the other hand, will candidly evaluate your case but not promise your result. You want a lawyer who will stay the course.
(I saved the best question for last.) Ask: “What do other local Social Security lawyers think about you?” Then ask, “Can I call one that doesn’t work with you?” A good lawyer will smile and hand you a card with a local name and a phone number. A bad lawyer will try to explain his or her reputation. If you might be talking with a bad lawyer, you might want to hire the new one on the card. Good lawyers invite you to compare.

Find a good Social Security Disability lawyer. If you have questions for our lawyers, call Hoglund Law Offices for a free consultation.

Andrew Kinney, Esq.

Hoglund Lawyer Andrew Kinney

About the Author: Attorney Andrew Kinney began practicing in the area of Social Security Disability Law in 1992. He works at Hoglund Law Offices, a multi-state law firm listed in the top 100 largest law firms in Minnesota in 2010 by Lawyers Weekly. He speaks locally and nationally, most recently on vocational expert cross-examination at a national conference in San Antonio. He is currently a Chair of the Social Security Disability Law Section of the Minnesota State Bar Association.

HOGLUND LAW CLIENT GETS SOCIAL SECURITY HEARING – WITH OBAMA’S HELP

admin — Thu, 29 Sep 2011 03:58:26 +0000

Obama Speaks to Hoglund Law Client

Roseville, MN – After working and paying into Social Security for more than 30 years, Lois Dare had a curious cough. Was it pneumonia? She got a chest x-ray. Later that day, her doctor’s office called her at home. “You need to come in.” The diagnosis? Life-threatening lung cancer. Parts of her left lung had to be removed.

Profoundly grateful to her doctors, her family, and her pastor to have survived her invasive surgery, she now needs oxygen to get through the day and night. Without a job, and facing two denials for Social Security disability benefits, most people in this situation would feel sick and helpless. Not Lois.

Her story to get her Social Security hearing would span the world from her town in Minnesota all the way to China. In an era of disconnected politicians and short attention spans, she would gain the heart and the attention of the Minnesota Governor, the offices of the U.S. Congress, the U.S. Senate, and the President of the United States.

What is it about this remarkable woman that she can get so much done with so little energy? To describe Lois, “empowered” is an understatement. She’s very engaging, but had no political connections. “Persistent” is inadequate, because she’s been chronically tired. “Opportunistic”? She’s had few opportunities since getting sick. “Focused”? Yes. For Lois, the cancer bypassed her most generous organ: Her heart. And where her heart is, she goes.

Lois was at her girlfriend’s house a few weeks ago when she heard President Obama was coming through Minnesota to Cannon Falls on August 15, a few days later. “I’ve got to talk to him,” Lois told her. Impossible, thought her girlfriend. Not for Lois.

She got back to her house. “Fill up the gas tank,” she told her husband.

“What about your oxygen?” he worried.

“Just pack the batteries!”

So began the odyssey to talk with the President of the United States.

She lived out of her car for two days. She stood in line for 11½ hours for tickets to hear the President speak. She underwent security checks. After satisfying all the initial requirements, Lois was one of 122 ticket holders who could hear the President speak close up. But there was a problem. More security checks were two football fields away. She couldn’t make it with her oxygen in tow. Was this the end of her chance to talk with the President of the United States? Not for Lois.

She saw a car drive up. She went over and leaned in toward the window. “Could I have a ride? I can’t make this walk and I want to see the President.”

“Get in,” said a friendly voice inside. This is how Lois hitch-hiked a ride to meet the President of the United States. Once at the new Secret Service check-points, the driver flashed a card and brought her through them. She learned she was riding with the President’s press secretary. “I wish I had a daughter,” she told him. “If I did, I would have her meet a nice man like you.” He laughed, hard.

Once out of the car, she secured a place right in front of the President’s dais.

After his speech, the President took a few questions from the audience. Lois raised her hand, but couldn’t raise it too high. He still called on her.

Lois asked the President what people are supposed to do when they are sick while waiting for Social Security benefits. Lois was speaking for herself, but also for others like her.

The President answered her, agreeing with Lois that those who have become unable to work should be able to rely on Social Security benefits, especially since they have paid for them throughout their lifetime.

After leaving the podium, President Obama hugged Lois. Close up, he told her she reminded him of his mother, who died of cancer. “Whatever else he said to me, I don’t know.” She was overwhelmed.

President Obama instructed his staff to get her contact information. Then came the deluge. Lois soon received calls from the offices of Rep. Michele Bachmann, Sen. Amy Klobuchar, and Minnesota Gov. Mark Dayton. The Associated Press called. Even a Chinese correspondent wanted to interview her, without a translator.

She got her Social Security disability hearing scheduled in September. Then Lois and I went to argue her claim.

Social Security disability hearings take time for Social Security to schedule, and the backlog of pending claims is increasing across the country. Some states encourage programs that can clog the system with applications. At the hearing level, attorneys can write legal briefs for an approval without a hearing. In Lois’ case, however, her attorneys tried an “on-the-record” request for approval.

“Not all cases, despite your best efforts, can avoid a hearing,” says Tracy Bishop, a Hoglund attorney involved in Lois’ case. “Sometimes the hearing is necessary to make the process human.”

Lois’ story is about gratitude. Lois wants no one to take health for granted. “I’m grateful to be alive, to be here on this Earth…I would rather have the aches and pains than to not be on this Earth.”

Lois’ story is about survival. She will continue following up with her cancer doctor.

Lois’ story is also about resilience that rejects dependence. “I needed somebody to hear me. I did what I had to do.” The message she lives is simple and profound: When all seems lost, help yourself by reaching out to others.

For a video clip on the President’s appearance with Lois, click here: http://www.youtube.com/watch?v=ZOZji2w-i30

Andrew Kinney, Esq.

9/28/11

HoglundLaw.com

akinney@hoglundlaw.com

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Is the Social Security Disability Program Facing Insolvency?

admin — Thu, 25 Aug 2011 15:40:37 +0000

Is the Social Security Disability Program Facing Insolvency?

Over the past few years, Social Security’s disability program has seen an increase in applications, largely due to the loss of almost 7 million jobs in the economy. Applications for Social Security generally increase when the economy is bad, because many disabled people lose their jobs and are unable to find work. In 2011, Social Security is expecting 3.3 million applicants for disability benefits. The number of applications has increased 50% in the last ten years. The increased number of applicants has added to Social Security’s backlog of cases, and many applicants wait at least two years before their case is decided.

New estimates predict that the Social Security disability trust fund will be depleted by 2017. This means the disability program will not be able to pay beneficiaries their full benefits in 2017, unless Congress takes action. Social Security trustees are recommending that Congress reallocate money from the Social Security retirement program to the disability program. However, diverting money from the retirement program would only be a short-term solution and would hurt the retirement program.

Congress will likely have to make improvements to the Social Security disability program. Lawmakers are particularly concerned about overpayments. In 2010, Social Security disability beneficiaries received $1.4 billion in overpayments. Most of these payments went to people who started working and should not have qualified for the payments. Under the debt reduction plan that became law in early August, Congress can increase Social Security’s budget by $4 billion over the next ten years. The increased budget will provide resources for Social Security to identify beneficiaries who no longer qualify for benefits. Congress is also concerned about the lengthy application process for legitimately disabled applicants.

Source:

Stephen Ohlemacher, Social Security Disability on Verge of Insolvency, http://m.apnews.mobi/ap/db_6776/contentdetail.htm?contentguid=pDMRHiaX (accessed August 23, 2011).

Past Relevant Work

admin — Mon, 15 Aug 2011 22:50:18 +0000

Video Transcription:

Hi, my name is Andrew Kinney. I’m an attorney at Hoglund Law offices. I practice Social Security Disability Law. Today I wanted to talk about past relevant work.

It’s a phrase that Social Security uses a lot. It means the work you used to do within the last 15 years. Why is past relevant work important to your case? Well, when social security makes decisions about disability insurance and supplemental security income they go through a process. They decide first if someone is currently working, it’s called SJ issues. Then they look to what medical problems affect work in a basic way. It’s called a severities step. The third step is deciding if the individual meets or equals any sort of definition or listing of disability. The fourth step finally is can you return to you past relevant work; what you used to do? And they have definitions of what you used to do exactly as opposed to what you used to do in the general category. There is another step after that as to your ability to perform other work. But in terms of performing past relevant work social security evaluates your past relevant work in every single case.

Now the essence of past relevant work is you probably know you can’t return to your past work if you’re applying for benefits, the medical standard is can you work full time at either your past work or other work. That generally applies to most people depending on age. So practically speaking, most people who are considering disability or have applied for social security disability benefits don’t think they can return to their past relevant work.

Now here’s the crux of the problem. Social Security, at least when you’re under 50, now will consider if you can return to not just what you used to do perhaps a specialist in something, skilled craftsman, maybe a lawyer. Social security will look not to whether you can return to that job let’s say you had a stroke and can’t concentrate too well they’ll consider that people under 50 whether they can return to other work as well. So you can benefit greatly from having some legal advice as to whether you should apply or if you have applied how do I meet my definition of disability because if the only thing you can’t do is your past work you can probably perform some other part time work in some other capacity. Your attorney is going to need to make arguments that you are by definition disabled. You are by definition disabled if you meet certain criteria. And again I’ll mention stroke but it can be any matter of health problems. A lot of the health problems are listed under our disability library at www.HoglundLaw.com

The other instance where past relevant work actually is very important though is if you are over 50 or within 6 months of age 50. And this can happen after you apply or can happen after you have your pending appeal. In that case social security looks to see if you have physical restrictions first. If physically you’re limited to sit down work or sedentary work. And the definition of sedentary is within social security’s regulations. As absorbed to the dictionary of occupational title. Social Security looks to see if you can’t return to your past work and you’re limited to sit down work, if you’re over 50, and you don’t have skills that could shift into other sort of sedentary work you can be what’s called gridded out. There are some guidelines that social security uses for people over 50 and that’s again an instance where past relevant work is crucial.

If you have questions about past relevant work please feel free, if you don’t already have an attorney call our office at 1-800-850-7867 you can also go on our website at www.HoglundLaw.com. Hopefully this information can help you. If we can actually represent you that’s wonderful. But keep in mind that these concepts are specific to Social Security so getting to know them is very important. Thank you.

Submitting Evidence After Social Security Hearing

admin — Mon, 15 Aug 2011 22:42:40 +0000

Video Transcription:

Hi my name is Andrew Kinney and I’m a Social Security attorney at Hoglund Law offices. Today I wanted to talk about submitting evidence after your social security hearing.

Social security has hearings for people who are applying for disability insurance and supplemental security income. First, there is an application, in most cases a reconsideration stage, and then a hearing. The hearing is with a federal administrative law judge that looks at your medical records and decides your case based on that your testimony and other factors.

The subject today is unique because most times you should get your medical evidence in before your social security hearing, not after. But sometimes you don’t have a choice. Usually, what I see if we get involved in a social security claim and someone is unrepresented is that all the evidence was not to the judge on time. Usually, when that happens we’re helping at the level after the appeals counsel level. So we’re submitting evidence that should have been available before the hearing way too late, I would argue. In social security claims its important all along the way to make sure social security has all the updated medical records at all the stages I talked about. But what is particularly important, at least by when your hearing is scheduled, is that you do a final push and get all the updated records from all the medical sources so that they’re available at the hearing.

In the situation at hand here, when I’m talking about submitting records after the hearing, one of challenges is that at some point after the hearing the judge will have a written decision. The date of that written decision will be the last day the judge will look at this stuff for now. You have an unknown deadline after a hearing to submit medical evidence. What do you do about it? Well, if you have an attorney with you at the hearing the attorney should ask to hold a record open. Typically, we ask the judge “Don’t make a decision your honor until we can get these specific records.” Generally, judges have a deadline for that. Now if you don’t have that agreement then you really don’t know if you’ll have time to get updated medical evidence. So a backup option, particularly if you’re unrepresented is to call your hearing office after the hearing and talk to the assistant to the judge and ask can the judge not make a decision because there was some evidence that I forgot.

The basic idea here is you can get evidence in after a hearing at least according to the current law, but it’s not ideal in fact by any stretch of the imagination. You should at all cost try to get evidence in before. If you do submit records after your hearing your attorney should submit a brief if at all possible explaining why these record are relevant in fact. Also it should be explained why they’re relevant and that the judge should look at them when the judge may have made a decision in the case but has not committed it to writing. If you have more questions about Social Security benefits, applying for social security, or in the case of here, how should I handle my evidence in my social security claim well be happy to talk with you. You can call 1-800-850-7867. You can also go online at www.HoglundLaw.com and look up these sorts of issues. Hopefully this helped today. Thank you.

Over 50? Why Age Matters In A Social Security Disability Claim?

admin — Mon, 15 Aug 2011 22:16:27 +0000

Video Transcription:

Hi, my name is Andrew Kinney. I’m an attorney at Hoglund Law offices. I practice Social Security Disability Law. Today I wanted to talk about why age matters in social security claims.

We help many, many people. Some are younger some are older. Social Security Law treats older people differently, specifically people over 50. Why does that matter? Well the standards change at age 50. Some people call it a grid, but Social Security calls it a medical vocational guideline. What does that mean? When you’re trying to prove you’re unable to work, you are left confronting the social security process. It’s very, very important to know what the standards are.

What would allow you to be approved? If you’re over 50 and you have physical problems that require you to sit-down or do sedentary work, that may allow you an automatic approval with certain criteria met. If you can’t return to your past relevant work, or what you used to do the last 15 years, there’s another video on past relevant work specifically. So if you’re under 50 you maybe approved for Social Security benefits. But, if you’re over 50 or will soon be over 50 you could take advantage of the easier guidelines to be approved.

Now you don’t have to be limited to sedentary work only if you’re over 55 you might be limited to light level work, and social security has definitions of what light means, but you’re limited to certain physical kinds of work and you can’t return to your past work you might be able to be approved to social security easier. So, it’s good to know how your age matters.

If you have more questions about Social Security law, grids in particular feel free to go to our website at www.HoglundLaw.com. You can also call us at 1-800-850-7867 if you think you might want to have a lawyer help you. Thank you.

Top 5 Things To Know About Your SS Hearing

admin — Mon, 15 Aug 2011 21:57:54 +0000

Video Transcription:

Hi, my name is Andrew Kinney. I practice Social Security Law at Hoglund Law offices. Today I wanted to talk about the 5 top things you need to know about your Social Security hearing.

Number one: Why do you have a Social Security hearing? Well at the Social Security process you have an application, reconsideration, and then you get to a hearing. The hearing is different than the prior 2 stages because at the hearing you get to talk to the decision maker. Who is the decision maker? A judge. You talk directly to a judge about your medical problems. The hearing itself can be an informal process. It’s a private conference room in which you can explain your situation and your day-to-day limits to someone.

The next thing you know: Two. Who is at the hearing? There’s the judge that I mentioned, you’re certainly there, it would be good to have an attorney there to cross-examine the experts. There’s always, almost always I should say, a vocational expert. Sometimes there is a medical expert either a psychologist or a medical doctor. And finally there is a hearing monitor. That hearing monitor makes sure a hearing goes smoothly. There can be your family members sitting in back. Keep in mind that I’m giving general ideas.

The third thing you need to know about your social security hearing is what happens at it? As I mentioned you’re giving testimony at the hearing. You’re talking to the judge under oath about why you can’t work and specifically how you’re limited. The medical records tell the judge what’s wrong with you. But, you’re saying well here’s how much I can lift, here’s how much I can carry, here’s how much I can walk, here’s how my depression affects my daily life, here’s how many anxiety attacks I have per month, or per week. There are many reasons people can’t work. The medical reasons involve functional limitations. Keep in mind these is a video on what’s called an RFC about that topic.

The fourth thing you need to know about your hearing, how long is it? Well that’s easy. Generally hearings are between a half hour and an hour. Now, that can vary as well. In the hearing there is at least one expert, the vocational expert. The judge will ask you questions, then your attorney will ask you questions. Then the judge turns to at least the vocational expert ask questions and your attorney follows up with that as well. The attorney should give a closing argument. Hearings last about an hour, but different judges have different styles, and these judges are federal judges and whatever style they have its their hearing. Just make sure you ask your attorney what’s this judge like? An experienced attorney will let you know if they ask questions and maybe you need to ask what they mean again. What’s important is that there is a personality to each of these judges and what’s important for your attorney to do is explain what the judge is like so it helps you have fewer questions at the hearing.

Finally, the fifth thing that you need to know about your hearing is when you get a decision. I get this question a lot, usually before the hearing. Sometimes it’s the cart before the horse because you need to get the hearing done first but it’s good to know what happens next. Generally decisions are made between 2 and 4 months after the decision is in writing but there are exceptions to that, some judges use what’s called bench decisions. That would mean that you would get a decision from the judge, on the record at the hearing. Generally those are always favorable decisions. But, ultimately you get a decision in writing after the hearing. And if you have an expectation you can always be surprised if these is a decision that comes sooner.

Hopefully these 5 things you need to know about your Social Security hearing was helpful. If you have more information about what to expect at a Social Security hearing, I happen to write a guide called a client’s guide to Social Security hearings. You can just look at the search with those as search terms. Look under client guide to social security hearings and hopefully you see the Hoglund law guide that shows a step-by-step more detailed than this video.

If you have more questions about just wanting help with your Social Security claim, about applying or appealing were happy to talk with you, you can call us at 1-800-850-7867, the number on our screen. If there is any way we can help you we want to. Thank you.