The Court Of Public Opinion

If you have been denied Social Security disability or SSI benefits and are appealing the decision at a hearing, there are steps you can take to ensure a favorable decision. You can win your Social Security appeal without hiring an attorney.

When Social Security denies your application for disability or SSI benefits you have 60 days to file an appeal. In most states you will first file for reconsideration and your States Disability Determination Service will re-evaluate your case. If this reconsideration is denied again you will have another 60 days to request a hearing before an administrative law judge.

Hearings are held in Social Securitys Office of Hearings and Appeals. When this office schedules a hearing for you they will set up a time for you to appear before an administrative law judge to argue your case. At this hearing you will be able to present any new medical evidence you have to support your claim. You may also bring witnesses to speak on your behalf. This could include an attorney or disability representative. You are not required to hire an attorney or representative; however, if you choose to have representation this individual will receive 25% of your back pay should you win.

Instead of having an attorney represent you, bring other qualified individuals to speak on your behalf. This can include your doctor, social worker, and family members. Your family members know the most about your disability. They know how it affects you on a daily basis. This testimony could be extremely valuable if you rely on your family members for daily activities such as bathing, dressing, and using the facilities.

Organize your case before attending the hearing. You should know what you want to say and how you are going to say it. Dont be afraid to use notes or an outline. Present your case in a logical manner with witnesses and medical evidence to support your argument and you will be well on your way to winning your Social Security Disability or SSI appeal. For more information on Social Security appeals visit Social Security Laid Bare using the link below.

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A ruling, on the books since 1972, called the Safe Harbor Provisions states, in part, the federal anti-kickback law’s main purpose is to protect patients and the federal health care programs from fraud and abuse by curtailing the corrupting influence of money on health care decisions… it goes on to say, … anyone who knowingly and willfully receives or pays anything of value to influence the referral of federal health care program business, including Medicare and Medicaid, can be held accountable for a felony. See http://oig.hhs.gov/fraud/docs/safeharborregulations/safefs.htm

Violations of the law are punishable by up to five years in prison, criminal fines up to $25,000, administrative civil money penalties up to $50,000, and exclusion from participation in federal health care programs.

A referral service serves both the senior and the elder care service provider in this manner:

Service providers register with the referral service

A senior searching for a service is asked for their location

The referral company now emails, phones or faxes each service within the desired zip code to provide you with this referral. (You are provided the name, phone number and address of the senior)

You and your staff quickly respond – you know if you get there first, you have a higher chance of contracting with the senior

The senior now receives multiple sales calls from nice people who all say the same thing, You should choose my company because we are the best

You contract with the senior

The referral company now sends you a bill. The bill is normally based on the dollar amount you charge the senior.

(Example: An assisted living facility that charges $3,000 per month will typically owe the referral service a fee of $1,500. Their neighbor, the assisted living facility across the street charges $1,500 per month and will owe the same referral service a fee for $750.00 for the same client, same service)

Representatives of referral companies normally earn commissions. This can also pose a concern. If a family’s income depended on earning a high commission, the temptation may be there to direct a senior to a service that

a. Charges more

b. Where the staff has a history of ‘closing’ the sale.

If your business is searching for a legal method to connect with the senior market, see http://www.qualityeldercare.com Searching for a service? See http://www.seniorsapprove.com

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