Social Security Disability & U.S. Veterans

            One of the most rewarding parts of my practice is working with United States military veterans.  Veterans make incredible sacrifices during their service years, including not only being apart from their families, but also facing the constant threat of serious physical and psychological injury.  While physical injuries are often readily apparent and undeniable, the serious psychological effects of military service on veterans are not always as easy to identify. 

What cannot go overlooked are recent reports that 2012 saw a record 349 suicides by military personnel, a number which “far [exceeded the number of] American combat deaths in Afghanistan” the same year.[1]  The article went on to note that “Iraq and Afghanistan war veterans suffering from depression, post-traumatic stress or substance abuse” appeared to be one of the main groups facing significant risks.  (Id.)

            Compounding the negative and predictable psychological effects of having experienced combat is what some have described as the stigma in the military of seeking out help for one’s psychological problems.[2]  During “the course of a soldier or officer’s training, we inculcate in them a vicious and emotional resistance to weakness”, and “teach them to bear their own load as well as their buddies’.”  (Id.)  One vet remarked that during service “[m]y mind was my saving grace, and to hear that it was now my biggest burden when I returned from a tour with post-traumatic stress sounded like a joke.”  (Id.)

            Unfortunately, the increasing number of military suicides is quite alarming, and suggests that returning veterans are increasingly coming to terms with the intense psychological stressors they experienced during their service. 

            Fortunately, one resource available to mentally stressed, unemployed veterans is Social Security Disability.  I have personally helped numerous veterans through the process of obtaining their benefits for diagnoses including Post-Traumatic Stress Disorder (PTSD), Depression, Anxiety, and Intermittent Explosive Disorder – not to mention for numerous debilitating physical diagnoses as well.

            For veterans interested in applying for Social Security Disability benefits, the most important thing they can do is consistently get treatment for their condition(s).  Doing so serves two purposes:  (1) Treatment is helpful to the individual who seeks it out because therapy is about confronting and dealing with psychological pain, not hiding from it; and (2) The burden of proof for receiving disability benefits is on the individual claiming disability, meaning that success depends on the kind of clinical medical evidence that is best obtained from consistent treatment.

            Remember, it takes a great deal of courage to seek out help, and asking is not a sign of weakness, it is a sign of strength.  Secondly, you’ve served your country and earned your right to benefits if you are no longer able to work because of either a physical or mental disability (or combination of both).  Contacting an experienced attorney who specializes in getting individuals their Social Security Disability benefits is the first step in getting the help you need.

- Eric J. Patrick, Esq.

---

[1] http://www.sfgate.com/news/article/2012-military-suicides-hit-a-record-high-of-349-4192489.php

[2] http://ideas.time.com/2012/07/12/soldier-suicide-the-stigma-to-seeking-help/

NOSSCR Conference Review (2012)

 The Importance of the Social Security Disability Program

            Welcome to the first installment of my blog, Social Security Disability News, for the Law Office of Richard A. Gutstadt, P.C.  As you know, our firm is dedicated to representing Social Security Disability Claimants in their fight to obtain disability benefits.  You can visit our website here.  It has now been 16 months since I began working for Mr. Gutstadt in July of 2011, and I have become deeply entrenched in the practice of disability law.

Recently, Mr. Gutstadt and I attended the 2012 (fall) National Organization of Social Security Claimant’s Representatives (NOSSCR) conference.  NOSSCR, established in 1979, is a professional organization of over 4,000 attorneys and other advocates committed to representing individuals trying to obtain their disability benefits.  You can read more about this amazing organization here. 

This year’s gathering took place in Seattle (WA), and Mr. Gutstadt and I were fortunate enough to attend together, being able to take full advantage of the extensive number of presentations on a wide array of topics.  For those attorneys and advocates who specialize in practicing Social Security disability law, these conferences provide information and insight not only into the “nuts and bolts” of practice, but also on emerging political and legal issues at the forefront of disability law. 

One of this year’s most interesting presentations was called “Defending Disability Insurance” by Ms. Kathy Ruffing, Senior Fellow at the Center on Budget and Policy Priorities.  Ms. Ruffing’s presentation addressed and dispelled many of the myths and misconceptions put forth by critics of the Social Security Disability program.  A summary of some of the more important points of Ms. Ruffing’s presentation are as follows:

1.      Myth: Americans are increasingly dependent on Social Security Disability benefits.

Fact:   Although there has been some increase in the percentage of Americans receiving disability benefits, there are main 3 reasons for this:  (1) Baby boomers (born

           1946-1964) have aged in to their high-disability years; (2) during this same time   

           more women entered the workforce and have begun to qualify for disability

benefits; and (3) the Social Security retirement age rose from 65 to 66.  When these reasons are taken into account, the rise in disability benefits appears far less dramatic.

2.      Myth:  The Social Security Disability (DI) program is going bankrupt and will not be

able to pay benefits to those in need.

Fact:     Bankruptcy is a loaded term.  The DI program is financed chiefly through FICA taxes.  Under current policies, the DI program faces sustained deficits and faces insolvency as early as 2016 when its portion of the Social Security trust fund will be depleted.  At this point, if policy makers refuse to take action, benefits would be cut to whatever level could be recovered by incoming tax receipts.  Current cuts in benefits would likely be around 21% and could increase to 25% in later years.  Policy makers have options at their disposal, as they have utilized in the past, to ensure that recipients’ full benefits will be paid.

3.      Myth:   Disability benefits are easy to obtain.

Fact:     To qualify for DI benefits, an individual must meet several criteria.  First, the

 individual must be both fully insured and disability insured.  Being fully insured means having worked one-quarter of one’s adult life, and being disability insured means having worked 5 out of the last 10 years.  An individual must also have a “severe, medical determinable physical or mental impairment that is expected to last 12 months or result in death.”  The individual must also have the inability to perform “substantial gainful activity” – i.e. be unable to work a full-time job.  There are also additional criteria based on an individual’s age, educational level, and ability to perform physically and/or mentally that the Social Security Administration must take into account before an individual may receive DI benefits[1].

           

The DI portion of the Social Security program provides modest benefits to individuals who have become unable to work due to a debilitating physical and/or psychological condition(s).  It is not intended to replace a salary earned from full or part-time employment.  Rather, it is an important safety net for individuals in our society who have ceased to be able to support themselves through working.

            All in all, this year’s NOSSCR conference provided a wealth of information on many areas of Social Security Disability practice – a large, complex, and continuously evolving area of administrative law.  Please check back in the near future for new posts which will provide resources and insight into the many facets of the Social Security Disability program.

Eric J. Patrick, Esq.

---

[1] Discussion of myths/facts no.’s 1-3 are based on the following:  Defending Disability Insurance, Kathy Ruffing, Senior Fellow at the Center on Budget and Policy Priorities, Electronic NOSSCR Materials, Seattle, WA, October 2010, p. 279 – 314.

Welcome!

Welcome to my blog - Social Security Disability News.  My name is Eric J. Patrick and I'm an Associate Attorney at the Law Office of Richard A. Gutstadt in Oakland, California.  You can visit our website at www.richardgutstadt.com.  Please check back frequently as I will be adding new content on a regular basis.

Eric J. Patrick, Esq.