This document discusses applying for social security disability benefits or benefits for a disabled child. It notes that representation increases the chances of being approved for benefits. It also discusses the appeals process, fees, expert witnesses, different procedures across states, common disability conditions, and the advocate's background and services provided.

1. What do you do when you no longer can work and you are too young to retire? What do you do if your child is disabled? M. Helen Bernstein, MS, APC, CLA Navigating through Social Security Administration

2. Options & Requirements Well, one option if you find yourself permanently disabled is to apply for social security disability benefits as you no longer are able to support yourself. Likewise, if your child is severely disabled you may apply for social security benefits. In either situation, t he condition(s) must have lasted, or be expected to last, at least 12 months; or must be expected to result in death.

3. Expertise Why would you want representation? According to U.S. Government statistics, claimants are 50% more likely to receive award of benefits than unrepresented claimants. Social Security Administration is an administrative agency. These are formal proceedings in this forum. Evidence is to be presented, expert witnesses, oral and written arguments (application of cases and statutes) and in some instances, several appeals within ( Office of Disability Adjudication and Review) ODAR and the U.S. District Court. Legal proceedings, rules and procedures, can be difficult for the novice in any situation but particulary strenuous for an individual undergoing physical and mental complications associated with a debilating condition and side effects from prescribed medications. These are some reasons why an individual would elect to be represented by a professional in these proceedings.

4. Economy · Due to the fact that more individuals apply for social security benefits during recessions, this also can lead to stricter measures. (Salant, 2009). This can also lead to delays due to increasing caseloads. The social security advocate is many times able to achieve timely results as opposed to non-representation.

5. Appeals Claimants, regardless of how severe of a medical or physical impairment are almost always denied initially. It is not uncommon for several appeal proceedings to occur prior to a successful award of benefits. This can be especially frustrating for claimants residing in states which have no state disability to draw from in the interim. These claimants are at the mercy of their family members generally which may be struggling themselves financially during these economically challenged times.

6. Fees There are no retainer fees. No award, no fee. The statutory fee is collected when the benefits are awarded which consists of 25% of the award. Due to the fact that there is a five to six month waiting period from the time of filing the initial application, retroactive benefits begin. This lump sum payment provides for payment of the social security advocate when awarded. There is no waiting period in childhood disability claims. The retroactivity for childhood disability claims may be six months prior to the filing of the application.

7. Expert Witness In some instances an expert witness is utilized to testify on behalf of the claimant. The expert witness fee is not covered under this agreement and borne by the claimant. However, in most instances benefits are successful without the additional expense and necessity of an expert witness.

8. Federal Agency Although social security is a federal program, however procedures are different at the social security field offices and state agencies. The DDS (Disability Determination Services) in that state will make determination whether or not you are disabled. There is almost always a denial at this level. In some states, you then go to reconsideration stage and then a hearing. In contrast, some other states you would have no reconsideration and go directly to a hearing.

9. Disability and Age-Related Conditions Typically, for adults in the 40s and 50s early onset of age-related conditions will manifest Children with disabilities a precise date of onset is not necessary; disability before attainment of age 18

10. Adult Categories Musculoskeletal System Special Senses and Speech Respiratory System Cardiovascular System Digestive System Genitourinary Impairments Hematological Disorders · Endocrine Disorders Impairments that Affect Multiple Body Systems Neurological Mental Disorders Malignant Neoplastic Diseases Immune System Disorders

11. Child Categories Growth Impairment Musculoskeletal System Special Senses and Speech Respiratory System Cardiovascular System Digestive System Genitourinary Impairments Hematological Disorders Skin Disorders Endocrine Disorders Impairments that Affect Multiple Body Systems Neurological Mental Disorders Malignant Neoplastic Diseases Immune Systems Disorders

12. Biography My entire professional life consists of the legal field. My youngest son was extremely ill for many years and I myself became ill in 2008 after completing a master of science degree in justice and security. A close colleague of mine and a family member also became ill during this time. I developed an affinity for the terminally ill and disabled through these experiences and began advocacy for the ill shortly thereafter. My son and I recovered from the severe digestive disorders that we encountered. I enjoy advocacy for the most vulnerable of our society who no longer can take care of themselves. Psychologically it is difficult enough for patients to endure their condition; it is inhumane for them to be disrespected and treated with no dignity simply because they are no longer able to pursue avenues to become or remain economically viable.

13. You Deserve Your Peace of Mind Respect and dignity for the disabled through advocacy in proceedings You have nothing to lose but the additional stress of navigating through social security during this time

14. Bibliography Salant, J. (2009, October). Social security applications almost double because of recession. Bloomberg News , Retrieved from http://www.bloomberg.com/apps/news?pid=newsarchive&sid=auyVsU9FRcts