Don ChewningAccording to the newest addition of the NOSSCR Forum through the 35th week of 2009, there have been 31,432 disability claims filed in Wisconsin. In comparison, there were 28,831 claims filed during the same period last year. The result is a 9% increase in initial disability claims. The explanation for this is the current economic recession. When you factor the economy in with the aging baby boomer population, I expect we will continue to see an increase in disability applications.
Initial claims in Wisconsin up 9% from 2008
Posted by Don Chewning on July 15, 2009
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New legislation limits cost of medical records in disability appeals
Posted by Don Chewning on July 14, 2009
A huge development relating to Wisconsin disability appeals was squeezed into the state budge bill late last month. As part of that bill, the legislature changed what health care providers can charge for copies of medical records. An article about these changes is available at the Wisconsin State Bar website. As it relates to disability appeals, there are two major provisions:
1. In cases involving appeals of denials of disability benefits (SSDI or SSI), health care providers may charge no more than the amount that the Social Security Administration reimburses the state copies of patient health care records. This should result in a decrease in the out-of=pocket costs to disability claimants who are trying to provide medical information to SSA in appealing their denial of benefits. Unfortunately, I haven’t received an answer from the State yet as to what the SSA reimbursement rate is. I am working to get that information as quickly as possible and will post it here once it is available.
2. Medicaid recipients are now entitled to one free copy of their medical records. Many disability claimants are on state Medicaid (for instance, if they have children). They can get a copy of their records to help their disability claim at no cost.
These changes are part of a revamped Wis. Stat. § 146.83. These changes apparently were effective as of June 30, 2009. The changes have not yet been incorporated into the revisor’s version of the statutes.
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Maximum representative fee increased to $6,000
Posted by Don Chewning on July 14, 2009
I’ve been very busy with work and with trying to enjoy my summer, so I’ve been a little lax in blogging about some recent developments related to disability law. One of them that affects my clients (and me) is that effective June 22, 2009, the maximum representative fee in a winning case was increased from $5,300 to $6,000. This increase was authorized by the Social Security Commissioner. It has been about five years since the last time the fees payable to representatives such as myself have been increased. Most attorneys I know use fee agreements with escalator clauses in them, allowing the maximum fee to be increased if the law changes. These clauses are being honored by Social Security. If action is taken on the fee agreement after June 22, 2009, the new fee cap should be applied.
There is also legislation pending in Congress (the bill is H.R. 1093) which if approved would increase the fee cap to $6264.50 and allow for annual cost-of-living increases. I don’t know the prospects of this legislation, but will certainly post more if and when action is taken on it.
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Cell phones for SSI recipients
Posted by Don Chewning on June 15, 2009
The New York Times has this article in today’s online version about a government program called Lifeline that provides subsidized cell phone service for the needy, including those individuals on Medicaid or SSI. More information is available at the government’s website for the program - which hasn’t been updated for several years. There is also a website that provides information about the Lifeline service providers including those in Wisconsin who offer the service. I don’t know much about this program other than what I’ve read about on these sites. This is the kind of benefit I don’t ordinarily have any involvement in because it arises after my clients are found disabled and placed on disability benefits. Nevertheless, I thought it worthwhile to get this program as much attention as possible. Any comments on experience with this program are appreciated.
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Wisconsin SSI statistics by county
Posted by Don Chewning on June 13, 2009
Every year the Social Security Adminsitration releases a report of the SSI recipients by state and county. You can find the Social Security Administration’s list of Wisconsin counties and the number of SSI recipients in 2008 for each county here. The report does not give you a comparison of the counties by population, so if you’re interested in figuring out what percentage of a particular county’s population is on SSI, you need Wisconsin population data from the Census Bureau to make the comparison.
For instance, Winter, Chewning & Geary, LLP has offices in Manitowoc and Brown counties – both of which are comparable in terms of the percentage of residents on SSI. In Brown County, there are 3,513 blind or disabled individuals on SSI, of those 710 are children. Brown County has an estimated population of 245,018, meaning that roughly 1.4% of the population of that county is on SSI for blindness or disability (I’ve not included the “aged”). Meanwhile, Manitowoc county, a county of only 80, 641, has 1,060 disabled or blind SSI recipients, incluidng 226 children — roughly 1.3% of the population. Meanwhile, Douglas County in far northwest Wisconsin has a rate of almost 2.5%, and Milwaukee County has a rate of 3.5%. Menomonee County with a popluation of only 4,571, has 183 SSI recipients -a rate of 4%.
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The Listings: What are they and why should I care?
Posted by Don Chewning on May 10, 2009
During an initial meeting with a client, I usually spend a few minutes explaining the five questions that the Social Security Administration (SSA) will ask when evaluating your disability case. First, SSA asks whether you’re engaged in substantial gainful activity – that is, are you working too much to be considered disabled. Second, SSA asks whether you have a severe impairment – that is, do you have a medically documented condition that will affect your ability to work that will last a year or longer.
Third, SSA considers whether you meet or equal a “listing”. The listings are a series of regulations that address specific medical conditions and describe when those conditions are severe enough that your are presumed disabled. There are listings for adults and for children. They are divided into different categories by body system (e.g., cardiac, pulmonary, skin, mental health). The listings are important in all cases, but are more important in certain types of cases. In my experience, if your limitations are based on the pain your condition causes you (e.g., as a result of a back problem or fibromyalgia), it is likely that SSA will not find that you meet or equal a listing, but rather will proceed to decide your case on other considerations. If you have mental health problems, the listings are very important. Many people who are awarded disability benefits for mental health problems are found disabled under the listings. In reading the most recent issue of the NOSSCR Forum, I learned that of those people who are awarded benefits at the initial application or reconsideration levels (that is, when you first apply or after your first appeal), 58% are found disabled under the listings.
If you are a disability claimant who is represented, your representative should be well-versed in these regulations and should be examining your medical records to determine whether an argument can be made that you meet or equal a listing. Your representative should be seeking out additional information from your doctors to determine whether you can win at this stage of SSA’s analysis. If you don’t have a representative, you should consult with an attorney to discuss this aspect of your case. Some of the listings are very complicated. Also, the listings that are available on the SSA’s website are not updated as frequently as they should be – you’re representative should subscribe to a service that provides the most up-to-date information available.
If you don’t meet or equal a listing, that doesn’t mean you’re not disabled, so you shouldn’t necessarily be worried. A majority of successful cases that proceed to a hearing before a judge are not decided on the listings. I have many cases in which I know that my client won’t meet or equal a listing, but fully expect to win the case. As mentioned, at least 42% of disabled individuals are awarded benefits at the early stages of the disability determination process even though they don’t meet a listing. These successful claimaints are found disabled based on consideration of the fourth and fifth questions asked by SSA, which I will address in another post.
Posted in ALJ hearings, Hiring a disability lawyer, Initial applications, Listings, Reconsiderations | Tagged: The Listings | 1 Comment »
Updated Wisconsin Approval Rate Information
Posted by Don Chewning on March 13, 2009
The newest issue of the NOSSCR Forum contains updated statistics of approval rates of disability claims at the initial application and reconsideration levels. According to this information, the State Disability Determination Bureau approves 40.3% of initial disability applications. This means that 59.7% of initial applications in Wisconsin are denied. At the reconsideration level, the state agency approves 17.8% of cases, meaning 82.2% of Wisconsin reconsideration requests result in denials.
Neighboring states have similar rates of approval. Michigan approves 30.2% of initial applications. In Minnesota, 37.4% of initial applications are approved. In Illinois, the initial application approval rate is 35.6%.
The national average for approval of initial applications is 36%. Nationally, only 13.8% of reconsideration requests are approved.
The state with the highest rate of approval of initial applications is Hawaii where 52.6% of initial applications are approved (New Hampshire’s rate is 51.9%). Meanwhile, Mississippi has the lowest approval rate of initial applicationat 24.5%.
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Winter, Chewning & Geary, LLP opens Green Bay office
Posted by Don Chewning on March 2, 2009
I am happy to inform clients and potential clients that Winter, Chewning & Geary, LLP has opened an office in Green Bay to faciliate meeting with Social Security disability clients who cannot travel to our main office in Two Rivers. Our new office is located at 529 S. Jefferson St., Suite 104, Green Bay, WI 54301. This location is conveniently located approximately 5 blocks from the Green Bay hearing office of the Social Security Office of Disability Adjudication and Review. A map of the location is available here. Appointments at this office can be made by calling 1-866-691-5762.
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New look website
Posted by Don Chewning on March 1, 2009
I am pleased to announce that Winter, Chewning & Geary, LLP has redesigned its website at www.wisdisability.com. The site has general information about the Social Security disability application and appeal process and background information about myself and the firm.
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