Social Security Table » defendant http://social-security-table.com Mon, 28 Dec 2009 03:53:48 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 Being Eligible for Certain Social Security Claims http://social-security-table.com/being-eligible-for-certain-social-security-claims/ http://social-security-table.com/being-eligible-for-certain-social-security-claims/#comments Wed, 02 Dec 2009 21:06:40 +0000 admin http://social-security-table.com/being-eligible-for-certain-social-security-claims/
Meghan DiTolla asked:


Many are surprised to learn that Social Security eligibility is similar to other types of lawsuits.  For example, in certain personal injury lawsuits, the plaintiff needs to prove that he or she will not be able to work in the same capacity in the future due to sustained injuries.  These injuries need strict medical documentation. This may come down to emotional impairment as well, not just physical impairment.

A Social Security claim acts in somewhat the same regard.  The difference is that a personal injury claim is waged against a defendant.  In Social Security cases, there is no “defendant” as such, as Social Security claims for illness involve a person’s own physical capabilities based on illness – not necessarily due to the fault of another person.  That said, there needs to be the same burden of proof for demonstrating physical incapacitation.

Medical Guidelines for Social Security

Social Security guidelines are very strict, which can sometimes come as a disappointment for those claimants who do have cases that fall within these guidelines.  For example, it is not enough for a person to suffer from HIV/AIDS.  Rather, the patient needs to have a T-helper lymphocyte (CD4) count above 200/mm3.  It is at this point that an HIV/AIDS patient is more susceptible to increased illness.

However, the Social Security Administration will take into account other issues besides the T-helper lymphocyte (CD4) count, such as weight loss – though the CD4 count is an important factor.  The reason why a skilled and experienced Social Security attorney is necessary is to navigate thee possible permutations of illness and diagnosis that can mean the difference between receiving benefits or receiving none at all.

It bears stressing, but you should not think that there is a minimum threshold you have to cross to be eligible for benefits – these are guidelines.  As each patient has a different circumstance in term of personal support, age, income, and other factors these will be factored in as well.  This is made clear by Social Security benefits for anxiety.  While mental illnesses can be measured in some way, it is a more generalized disability than something like a CD4 count that can be quantitatively measured.  So this should tell you that there is some leeway with how Social Security benefits can be distributed.

In the case of anxiety, for example, OCD, post-traumatic stress, and panic attacks all qualify.  While these can most certainly be diagnosed by a trained professional, it will take the expertise of a qualified attorney to help ensure that a patient receives ample support from the Social Security Administration.  Financial support is the basis of clinical documentation, which a Social Security attorney can help gather together and ultimately secure long-term benefits.

These same rules apply to other illnesses: arthritis, heart failure, cancer, diabetes, and so on – chronic illnesses fall within the scope of Social Security Benefits.  Receiving these benefits is the result of a combination of strict medical documentation and the skill of a good attorney.  If you are ill, there is no reason to add to your trouble with increased financial worry.  The goal of a Social Security attorney is to provide long-term stability and improve your overall quality of life.



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]]> http://social-security-table.com/being-eligible-for-certain-social-security-claims/feed/ 0 Fraud in Social Security http://social-security-table.com/fraud-in-social-security/ http://social-security-table.com/fraud-in-social-security/#comments Wed, 29 Jul 2009 16:07:39 +0000 admin http://social-security-table.com/fraud-in-social-security/ Maribel Roncales asked:social-security-fraud

Social Security Fraud refers to the act of dishonestly claiming of benefits. Due to the increasing number of fraudulent claims, the US government enacted a law that will protect individuals from these illicit conducts.

What constitutes Fraud under the Social Security Act?

The Social Security Act provides an outline for actions that are considered fraudulent. Some of those acts are the following:

• Knowingly and willfully makes or causes to be made any false statement or representation of material facts in the application for benefits under this title;

• Knowingly and willfully makes or causes to be made any false statement or representation of a material fact for use in determining any rights to the benefits;

• Having knowledge of any event affecting

o His  or her right to the benefit

o The initial or continued right to the benefit of other individual in whose behalf he or she has applied for or is receiving benefit

o Having made an application to receive any of such benefits for the use and benefit of other and having receive it, knowingly and willfully converts the benefits for the use other than for what is intended

Information needed in filing Social Security Fraud

When planning to file a Fraud complaint, you need the following data:

• Name

• Address

• Social security number of the person you are reporting.

• Description of potential fraud incident

In cases where the Social Security number is not known, you need to secure his or her date of birth, age and the name of the parents. However, if you are reporting a concealed activity you need the name of the employer and its address and phone number.

How to report Social Security Fraud incident

The Social Security Administration takes seriously any report regarding Social Security Fraud. The Office of the Inspector General is the one who investigates incidents of Social Security Fraud. If you have any knowledge regarding these incidents, you can report it immediately by:

• Calling the Social Security Office hotline number

• Use the on line fraud reporting form

• Write to Social Security Office.

Yet, if you have been the actual victim of a fraudulent act, seeking legal assistance from a competent Social Security Fraud attorney is advisable. An attorney with sufficient in handing these cases can help you prosecute the law violators.

What is the Office of the Inspector General?

The Office of the Inspector General is the one directly responsible for meeting the statutory mission promoting economy, efficiency and effectiveness in the administration of Social Security programs. It is also responsible for preventing and detecting fraud, waste, abuse and mismanagement in such programs and operations.

OIG also searches and reports systematic weaknesses in SSA programs and operations and make recommendations for improvements and corrective actions.

Penalties for the violation of the Act

Any person found guilty for Social Security Fraud shall be:

• Fined under the United States Code

• Imprisoned for not more than five years or both

The federal court in sentencing the defendant may in addition to any other penalty order restitution.

When can there be restitution?

The court orders restitution in any of the following instances:

• The Commissioner of Social Security order payment that should not have  been made

• An individual suffers financial loss due to defendant’s violation of this Act.

Our Los Angeles attorneys are proven experts in handling Social Security Fraud cases. For free evaluation of your case, log on to our website and contact our legal staff.

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