Major League Baseball’s Version Of Disability
Major League Baseball’s 2010 season is right around the corner and since this website is dedicated to informing the public about disability law, here’s some insight into the MLB’s process of being placed on the disabled list.
When a major league baseball player is injured, his team can place him a “disabled list” for 15 or 60 days. The severity of the injury and the time it will take to recover will determine which list he will be placed on. When a player is placed on the disabled list, his team can call another player from the organization to fill the roster spot.
In baseball, getting placed on the 15 or 60 day disabled list infers that the player will most likely return to the game. To tie this into Social Security Disability law, a disabled player who is unable to continue playing baseball is most certainly capable of performing some other job. Therefore, a disabled baseball player is a far cry from a Federal disability recipient.
Under Social Security’s 5 Step Sequential Evaluation, which is used to determine whether or not you are disabled, the last two steps are typically the most important to overcome. Under these final two steps, you must be able to prove that you cannot perform your past work AND you must prove that you are unable to perform any other jobs in the local or national economy. Simply being unable to work at your last job is only half the battle.
March 8, 2010
Tags: Baseball, Disability, disabled, law, list, Major Leage, MLB, security, social Posted in: Social Security Disability 
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Get Disability Benefits Without A Hearing
In New York, when you are denied benefits at the initial application stage, you case is transferred to the hearing level where you will have to appear in front of an Administrative Law Judge and offer live testimony why you are unable to work.
For many people, court proceedings can be a nerve-wracking experience. You are sworn in during the proceeding and subject to the penalties of purjury and while the rules of evidence are relaxed in a disability hearing, this is really your “one-shot” chance to tell the Judge why you are disabled.
You don’t want to forget anything in the hearing and if you do, it could cost you your benefits.
But what if you could avoid the hearing all together and still win your social disability case? Well, you can.
March 5, 2010
Tags: avoid, benefits, case, Disability, hearing, New York, security, social Posted in: Social Security Disability, Uncategorized No Comments
Government Health Insurance For The Disabled
If you are rendered disabled by the Social Security Administration, did you know that on top financial benefits, you are also entitled to Medicare? This govermental health program is directly attached to Social Security because it’s available to all US citizens 65 years of age or older as well as the disabled.
Do not confuse Medicare with Medicaid, which is a joint federal and state program that helps low income individuals and families with medical care.
For a detailed article on how a disabled individual can obtain Medicare coverage, click here.
March 5, 2010
Tags: disabled, health, medicaid, medicare, program, security, social Posted in: Social Security Disability No Comments
Do Not Fear An Expert At Your Disability Hearing
So you’ve finally received your Notice of Hearing after waiting several months. While you skim through the notice, you see a paragraph warning you that an expert will be testifying at your hearing. Why in the world would an expert be needed at your hearing?
Sometimes, the Judge presiding over your hearing calls upon an expert to assist them in determining whether or not you are disabled. But just what kind of expert will be testifying at your hearing? What exactly will they be testifying about? Have you ever spoke to, or even been evaluated by this expert?
Expert testimony can make or break your case. If the testimony that an expert provides is favorable, the better chance you have to win your case. If the testimony is unfavorable, you, or your attorney has an opportunity to generate favorable testimony by cross-examining that expert.
Bottom line is, don’t worry if there is an expert scheduled to testify at your hearing. For a great piece on the type of experts that might show up at your hearing and how to handle them, click here to check out this detailed article.
March 2, 2010
Tags: attorney, Expert, hearing, judge, medical, security, social, testify, vocational Posted in: Social Security Disability No Comments
How Does The Government Decide If You Are Disabled?
Live Disability Webcast – Wednesday, March 3rd at 7pm
Ever wonder how the Social Security Administration determines whether or not you meet the criteria to receive disability benefits. After all, no one knows your injuries or impairments better than you.
Before you can become a disability recipient and start receiving monthly checks from the Federal Government, by way of the Social Security Administration, you must first be deemed disabled and unfit to work in any industry. Social Security uses a 5 Step sequential evaluation for every single disability application and if your alleged impairments meet Social Security’s definition of “disabled,” only then can you start to collect disability benefits.
On Wednesday, March 3rd at 7pm, Disability Lawyer Scott Daniels will break down Social Security’s 5 Step Evaluation and how to eliminate problems with your disability claim. Understanding how the government analyzes each step is crucial to your case. This disability webcast will stream live from Blogtalkradio and you also have the ability to listen to the show after it broadcasts.
Click here to tune into the Live Webcast or the archived show.
March 1, 2010
Tags: 5 Step, Disability, government, live, security, social, webcast Posted in: Social Security Disability No Comments
Could Tiger Woods Collect Social Security Disability?
Most people would think that there is no way a man who makes millions of dollars each year could every qualify for disability benefits. But this is simply not true. No matter how much money a person makes in this country, as long as they are contributing to the Social Security system, if they become unable to work as a result of a physical or mental impairment, they can collect social security disability if the Administration renders them disabled.
Tiger Woods has captivated the media over the past few months. His decision to step away from the game of golf has raised the issue of whether or not Tiger is unable to work due to an apparent disability.
For an individual to collect Social Security Disability Benefits, they must be unable to work and have an impairment that is expected to last 12 months or result in death. More importantly, Social Security considers an individual to be working if they are earning $1,000 or more in a month. Although Tiger has stepped away from his profession of competing on the PGA Tour, he most certainly continues to collect money from his various endorsements.
For this reason, Tiger would most likely not be eligible to collect Social Security Disability benefits. Significantly, if Tiger was unable to play the game of golf AND he was unable to work in any other capacity, he might be able to collect disability benefits if he was no longer drawing any income from endorsements.
Even the wealthy can apply and ultimately be deemed disabled by the Social Security Administration. Disability Insurance Benefits and a person’s eligibility status is based on their work history. A person with a strong work history is usually insured for benefits 5 years after they stop working.
Tiger may have temporarily left the game of golf, but he appears to be mounting a comeback, at which point, the issue of whether he’s disabled or not will quickly dissappear.
February 27, 2010
Tags: benefits, Disability, golf, security, social, Tiger, Woods, working Posted in: Social Security Disability No Comments
Can You Work While Waiting For A Decision On Your Case?
You’ve applied for social security disability. Your case has been denied upon your initial application and now you must wait several months for a hearing date. Depending on where you live, you might wait up to 20 months for a hearing date.
While you are waiting, the expenses begin to pile up. Your savings account is dwindling and pretty soon, you be relying on credit cards to pay for everyday things. Unfortunately, this is the most frustrating part about a disability claim. Waiting for Social Security to make a decision on your case, or allow you a hearing date takes a very long time.
So what are the ramifications on your case if you return to work in some capacity?
What if you start a job part time working minimal hours a week?
What if your earnings now are but a fraction of what you earned while working full time?
The question of whether a person can work while their disability application is pending is a common one. Many people just don’t have the resources to wait several months for Social Security to make a decision on their case. To understand how your case could be affected if you return to work, check out this great article.
February 25, 2010
Tags: Disability, initial application, part time, Social Security, work Posted in: Uncategorized No Comments
When Should I Apply For Disability Benefits?
Live Webcast – Wednesday, February 24th at 7pm
Markhoff & Mittman’s series of live webcasts continues on February 24th at 7pm with a special 15 minute show covering the topic of when a person should apply for disability benefits. Disability attorney Scott Daniels breaks down the ramifications of applying at specific times and how to increase your chances of being approved for disability benefits by the Social Security Administration.
Can applying at a certain time increase your chances of success?
Can waiting too long to apply hurt my chances for disability benefits?
Can I apply while I am still working?
What if I apply for benefits then return to work?
Tune in for answers to all of these questions and much more. There’s even a call-in number if you’d like to ask your own question. Get real answers from New York attorney Scott Daniels as he breaks down the disability process.
February 23, 2010
Tags: apply, attorney, Daniels, Disability, live, Scott, Social Security, webcasts, working Posted in: Social Security Disability No Comments
Refuse To Lose Your Social Security Disability Case!
There are almost 3 million applicants for disability benefits each year. Out of this incredibly large number, The Social Security Administration denies about 70% of these cases. This number is discouraging, but there are things you can do to increase your chances of successfully winning your disability claim.
Relying on what you put in the application just not enough anymore. The disability analysts and Administrative Law Judges making decisions on each claim need concrete evidence to support your alleged disability.
You have to be proactive and personally engage in activities that will further your disability case. If you are wondering what you can do to boost your chances for a successful outcome in your disability claim, click here to view several ways to improve your chances of winning.
February 22, 2010
Tags: denies, Disability, improve, judge, Social Security, ways, winning, your case Posted in: Social Security Disability No Comments
A Denial Is Not The End Of Your Case!
Have you received a denial from the Social Security Administration rejecting your claim for disability benefits? Well, so have millions of other disability claimants across the country. Don’t worry. Your disability case is far from over.
Unfortunately, 65% of initial applications are denied upon an initial application. Thats means about 7 out of 10 people that apply for disability benefits are denied.
Fortunately, you have the ability to appeal Social Security’s decision to deny your case. In New York, your appeal is done by requesting a hearing in front of an Administrative Law Judge. There are a few different ways to appeal your denial, but you want to make sure you actually do it.
To learn how to effectively appeal your initial denial for disability benefits, click here.
February 19, 2010
Tags: administrative, appeal, denied, Disability, hearing, judge, New York, security, social Posted in: Social Security Disability No Comments