So far, only one plaintiff has been named. He is a 48-year-old man who has been living with mental health disability for several years. He moved to Nevada in 2011, where he was able to live independently with the help of SSD benefits for two years before his symptoms worsened. He checked into the hospital, where he was diagnosed as hearing voices and having suicidal thoughts.
]]> But the hospital discharged him after just four days. Hosptial staff gave him a bottle of liquid nutritional supplement, three days' worth of medication -- and a bus ticket to California, where the man knew nobody. Upon his arrival, he wandered the streets until finding a hospital which admitted him.The man says the defendant hosptial attempted to pawn him off rather than treat him, a technique known as "patient dumping." He believes that the hospital sent hundreds of mental health patients out of state the same way. A state government report found that 1,473 patients at the hospital were provided a bus ticket over five years. In at least 10 cases, there was not enough documentation to show whether the patient had family or other support systems at their destination.
"We were dumped off like unwanted people," the plaintiff said. "We're not supposed to be treated that way. Because we're human beings."
Source: LifeHealthPro, "SSDI beneficiary says hospital dumped him at bus station," Ken Ritter, June 13, 2013
]]>While the majority of schizophrenic hallucinations can be managed with medication, about a quarter of cases do not respond to drugs. Besides preventing them from working, not getting treatment for the voices can cause grave harm: about 10 percent of schizophrenia patients commit suicide.
]]> For those for whom medication does not help with hallucinations, cognitive behavioral therapy is currently the most common approach. But a new study suggests that new computer technology could help patients confront their "demons" and silence the hallucination.The study used a combination of software that creates three-dimensional facial construction and another that creates animations. Participants worked with researchers to create a 3-D avatar and computerized voice to represent their hallucination. Using special 3-D glasses, they see an animated version of the avatar. The professor behind the study then used the computerized voice to speak as the hallucination. Only this time, the patient could talk back and hopefully gain control over the delusion.
The therapy seems to be potentially promising. The study says that it was twice as effective as cognitive behavioral therapy at ending the voice. One participant had been living with a voice that "spoke" to him all day for three and a half years. After two half-hour sessions, the voice disappeared. "It's as if she left the room," he said.
Source: Bloomberg, "Avatar Therapy Helps Silence Schizophrenia's Voices," Andrea Gerlin, May 29, 2013
]]>Though much is still unknown about the disease, fibromyalgia can cause a variety of symptoms. Pain throughout the body is common, especially in joints, the neck and the back. The pain can lead to indirect problems like trouble sleeping or unrefreshing sleep, headaches, dizziness and memory or cognitive problems.
]]> Some of these secondary symptoms can be caused by the body's pain distrubing sleep. Often, fibromyalgia patients cannot sleep through the night. When they do sleep, they often cannot enter the deepest stage of sleep known as slow-wave sleep. Healthy people need a certain amount of slow-wave sleep to feel awake and alert during the day. Lack of slow-wave sleep can cause chronic fatigue, possibly triggering depression and other problems.How fibromyalgia develops is not known. Some researchers believe that hormonal imbalances in glands such as the adrenal, thyroid and pituitary glands may affect pain perception and tissue health. Other serious conditions such as digestive disorders can also develop.
Fibromyalgia syndrome can be treated, but suffers may have to stop working at least temporarily. During that time, SSD benefits may be able to help cover expenses.
Source: CDAPress, "The pain of fibromyalgia," Holly Carling, May 22, 2013
]]>First Steps provides educational resources for parents of children with developmental disabilities or delays. It also gets parents in touch with resources in their communities to help with therapy and other interventions.
]]> Funding for First Steps was recently removed from the budget proposals in the House and Senate for fiscal year 2014. Speaking at a Springfield facility that helps implement resources to disabled children, Gov. Jay Nixon urged legislators on May 14 to put the money back into the budget. Legislators are working on it but Nixon said they need to reach a solution more quickly. He said that budget cuts should not come at the expense of "our state's most vulnerable citizens."Also at the event was an early childhood instructor. She said that sustained early intervention can significantly improve a developmentally disabled child's level of independence later in life.
While early intervention no doubt makes a difference for many disabled children, in some cases families will still face dire financial straits trying to pay for a child's unique medical and childcare challenges. SSI benefits are distributed based on need to families in that situation.
Source: Springfield News-Leader, "Nixon calls on lawmakers to find funds for children with disabilities," Caludette Riley, May 14, 2013
]]>SSD benefits come from the Social Security Disability Insurance program, which is administered by the federal Social Security Administration. To be eligible for benefits, an applicant must have previous work history. That is because, similarly to Social Security retirement benefits, beneficiaries paid into the system through tax withholdings from their paychecks when they were able to work. In addition, a successful applicant must have one or more disabling conditions severe enough to prevent them from continuing to work.
]]> Though many disabled people rely on SSD benefits to pay necessary expenses, no one is getting rich off the program. Most beneficiaries only receive about $13,000 per year, barely above the federal poverty level, and only about 45 percent of applicants are approved.Those who are approved tend to be severely disabled. One beneficiary is a man in his mid-40s who used to own a tree-cutting business until he developed severe pain from herniated discs in his neck and back. The discs affected nerves in his arm and leg, forcing him to give up his business. He tried working as a retail salesman but his condition made it impossible to continue. He currently is almost unable to move because of the pain and cannot stay in the same position for more than 20 minutes. There are many people in Missouri who are similarly affected by disability who rely on SSD benefits.
Source: Cleveland Plain Dealer, "Social Security Disability Insurance benefits our neighbors: Debra Shifrin," Debra Shifrin, April 27, 2013
]]>The proposal comes from the Missouri Department of Social Services has negotiated a deal with an outside company that would administer the transfers if the Legislature approves the plan. The company, Public Consulting Group, would examine Missouri residents currently receiving benefits under Medicaid for their children or Temporary Assistance for Needy Families. The recipients would then be divided in three categories based on how likely they would be approved for SSD for Social Security Income benefits. For each person who is approved for federal disability benefits, PCG would be paid a fee by the state ranging from $500 to $2,300.
]]> This idea raises a number of questions. One is whether many families with disabled members that are receiving TANF benefits are not already receiving SSD or SSI benefits as well. Some critics are also concerned that TANF and SSD have different goals. While SSI is need-based, it and SSD are intended to provide aid for disabled children and adults. TANF and Medicaid, on the other hand, help those who are struggling with poverty regardless of their physical or mental condition.In addition, an early draft of the letter to be sent to qualifying residents included an apparent threat to reduce or cut off benefits to those who do not participate in the transfer program. The director of the state Department of Social Services says that a new draft has removed this part of the letter.
Source: KMOX-TV, "Mo. House Committee Considers Welfare Transfer Program," Meghan Boggess, April 23, 2013
· For more information about obtaining Social Security Disability benefits, please visit our Missouri Social Security Disability page.
]]>Myth one: I have to wait until I have been disabled for at least an entire year before applying for benefits.
]]> This is not true. While you have to logically anticipate that your benefit will last a year or more to apply for disability benefits, you do not have to wait that long. If you know that you will struggle with your disability for over a year, you can begin applying for benefits today. You also want to jump on the process because it can take several months before your application is assessed.Myth two: If I receive Social Security Disability benefits, I cannot actively pursue work opportunities, as it compromises my claim (or takes my benefits away).
Again, this is false. Social Security's Ticket to Work is a program, which gives recipients several job services, helps avoid this problem. This incentive-based program makes it possible for you to explore different work opportunities and receive benefits at the same time. If you chose to participate in this voluntary program, you can retain Medicare as you are employed.
The Social Security Disability program helps disabled people live a normal, stable life. It may be hard to accomplish everyday tasks with your debilitating condition. If this is the case, you should think about speaking to an attorney about the application process. There is a lot of complexity around the law, and an attorney can guide you in the right direction.
Source: Public Opinion, "Social Security: Questions about disability," Oscar Torres-Torres, April 15, 2013
]]>While Social Security disability exists to help disabled adults, if there were warning signs of disability down the road, lifestyle changes and preventative medicine perhaps would be able to reduce or even eliminate the impact that a condition would have on our lives.
]]> A new study suggests that a person's posture could be a clue to whether or not he or she could become disabled as a senior citizen. The study found that those at age 65 or older with poor posture were nearly 3.5 times as likely to require assistance for basic functions within just a few years.The study examined 804 people who were at least age 65, measured their postures and followed up on them four and a half years later. Those with the greatest angle between the top and bottom of their spinal columns at the original examination were 3.47 times more likely to require "activities of daily living" assistance, or ADL. That refers to everyday tasks like bathing, using the toilet and dressing oneself. Those who require ADL are likely living in a nursing home or receiving home health care because they cannot perform those tasks on their own.
This study focused on people toward the end of their careers, but the idea that disability could someday be predicted and possibly mitigated could be promising. But those who are unable to work can still turn to SSD for financial assistance.
Source: Huffington Post, "Posture Predicts Disability Risk, Study Shows," April 8, 2013
]]>These therapies can be highly effective, but they can also be costly. In states where insurance companies are allowed to deny coverage for autism treatment, families often struggle financially. One married in that situation has gone through its savings and twice had to enter into bankruptcy. They cannot afford to move to another state where they could receive insurance coverage for their 11-year-old son, who has serious behavioral and food issues.
]]> Ironically, their state has one of the highest rates of autism spectrum disorders in the U.S., according to the Centers for Disease Control and Prevention. Another resident who has two sons with autism says he has spent more than $20,000 for therapy for his children. Sadly, other parents who could not afford to care for their autistic children have been forced to give them up to foster care. That has happened dozens of times in that state over the last three years, the father of two said.It is unfortunate that any child with a mental condition would have to live in poverty. For families dealing with a financial crisis, Supplemental Security Income may be able to help. The program provides benefits for children who are disabled and whose families are below a certain income level.
Source: ABC News, "Autism Bankrupts Families, Emotionally and Financially," Susan Donaldson James, April 2, 2013
· To learn more about SSI or Social Security disability, please visit our Columbia SSD page.
]]>Under current law, disabled residents are eligible for the tax credit whether they own their home or rent. The principle behind the credit is to help senior citizens and disabled residents pay their property taxes -- either directly or through the rent. But some lawmakers want to make renters ineligible for the credit. They say that landlords do not set rents based on their property tax costs. Also, residents of buildings owned by nonprofit organizations are not eligible.
]]> Several disabled people spoke in support of keeping the credit as it is during a Senate committee hearing earlier in March. They said that the money they save goes to necessities like utilities and medical bills. About 104,000 renters in Missouri received the tax credit in 2012.Another small benefit that disabled Missourians could soon lose or see reduced is a discount on a basic telephone line. As the Kansas City Star reports, people currently pay a surcharge of 12.5 cents on a $50 phone bill to fund the subsidiary, but the Public Service Commission recently announced that the surcharge will be reduced to 8.5 cents starting in July. Though the discount for disabled people is only about $3.50 per month, it could mean the difference between having a phone and not for many residents.
The income tax credit survived a first-round vote in the Senate. It will need to be approved in a second round vote before it can be sent to the House.
Source: BND.com, "Mo. Senate backs plan to end renters' tax break," David A. Lieb, March 27, 2013
· For information about Social Security disability, please visit our Columbia Social Security disability page.
]]>The man believed that he was wrongly denied benefits for a disability by the SSA. He took an American flag and unsuccessfully tried to light it in public. When he was unable to light the flag, he used a knife to cut it to shreds. A police officer arrested him under a state law prohibiting desecration of the U.S. or Missouri flags.
]]> The man later sued on the theory that the arrest violated his First Amendment right to political speech and his Fourth Amendment right against unreasonable seizure. The court agreed and awarded the man $7,000. On March 1, the court also ordered the state government and the arresting officer to pay his legal fees.It can be extremely frustrating and scary when the SSA denies a claim for disability benefits. However, it is not uncommon. In fact, the SSA rejects the majority of initial claims. Fortunately, that is not the end of the matter, because the agency has an appeals process in which applicants may still be awarded their rightful benefits.
Source: St. Louis Post-Dispatch, "Missouri man who cut up American flag gets legal fees covered," Robert Patrick, March 1, 2013
]]>For the event, participants are put into pairs, with non-disabled students and university administrators pairing up with disabled colleagues. The non-disabled partners are then fitted with braces, goggles, headphones or other devices to simulate the condition their partner lives with. The pair spends the morning together as the non-disabled partner experiences the world as the disabled partner does before discussing the results at lunch.
]]> Though organizers say that Walk & Roll in My Shoes was popular last year and expected healthy participation this year, some critics at the university believed it sent the wrong message about disability. A group of professors from the English department, one of whom uses a prosthetic leg, asked the office of student disability services to cancel the event. Among other things, they objected to the term "shadow" to describe the disabled guides. They also argued that a few hours pretending to be disabled could only give a superficial understanding of living with a real-life disability and could lead to pity rather than respect or changes in behavior.It is delicate balance to try to raise awareness of how society does not always accommodate disabilities without becoming exploitive. Hopefully events of this kind raise awareness of the importance of Social Security disability and similar programs.
Source: Inside Higher Ed, "Disability Awareness Draws Scrutiny," Carl Straumsheim, March 7, 2013
· For more information about Social Security disability benefits, please visit our Columbia Social Security disability page.
]]>The man, 27, arrives at his restaurant early in the morning six days a week. As he puts it, he has his breakfast then gets ready for "work mode." From 7:30 to 2, he greets customers at their table, using skills he learned while studying the restaurant business in college and working at places like Applebee's and Red Robin, where business tended to go up when he was there. One way he makes customers feel at home is to give out hugs. The restaurant keeps track of his hugs on a "hug counter" on its website.
]]> It was a dream of his to own a restaurant since he was 13, according to the man's parents. To make that possible, they opened up the restaurant in their name. The business will eventually pass into a trust in the man's name.Depending on its severity, a person's intellectual disability may leave him or her unable to support him- or herself through work. For those who have little to no work history, the Supplemental Security Income program exists. SSI is a need-based resource, so applicants must qualify financially and have a qualifying disability that prevents them from working for at least 12 months.
Source: ABC News, "Man With Down Syndrome Runs N.M. Restaurant," Abby Ellin, March 4, 2013
· Our law firm helps those affected by disability through the Supplemental Security Income and Social Security disability systems. Please visit our Columbia Social Security disability page for more information.
]]>The woman says that a man called her and said he was with a company called Internet Solutions. The man was charming and spoke about his mother. He reportedly told the woman that Internet Solutions was offering yearlong grants to people who receive either SSD benefits or Social Security. The woman was told that she had qualified to receive $2,000 per month for the next year. But to receive the money, the man said, the woman first had to pay Internet Solutions $750 using her credit card.
]]> Naturally, the woman became suspicious. She told the man she would not pay to receive a grant and hung up. Then she alerted local news media so that residents who receive SSDI or Social Security would know not to fall for the scam.So far, it is not clear whether "Internet Solutions" or similar groups have infiltrated Missouri. Your SSDI benefits are meant for you and your family, and no one wants to be victimized by scam artists. If someone calls claiming to be from Internet Solutions or offers money in exchange for immediate payment, hang up. You can best protect yourself by never giving money or personal information to anyone over the phone unless you initiated the call.
Source: KLKN-TV, "Scam targets Social Security and Disability recipients," Sabrina Ahmed, Feb. 20, 2013
]]>That arrangement usually cannot last long before the applicant and his or her family faces a financial crisis. In the case of one woman whose application for SSD benefits was rejected, she is facing foreclosure and could lose her house.
]]> The woman was diagnosed with breast cancer in 2010. She endured a series of surgeries and months of chemotherapy treatment. Fortunately, the treatment took care of the cancer, but the woman has been left with a disabled shoulder and lingering chemo symptoms. She has not been able to work full-time since, but SSA declared her able to work and told her to "adjust" to her current condition, she said.Her daughter and son-in-law used up their savings helping with mortgage payments, but now the money is gone and foreclosure is a real possibility.
Readers in Columbia should know that a rejected SSDI application is not the end of the matter. Applicants can appeal the decision and may be approved after all. Hiring an experienced SSDI attorney can increase your odds of being approved for benefits to make up for inability to work due to a debilitating illness or injury.
Source: KATU-TV, "Women fight to get benefits for breast cancer survivors rushed," Meghan Kalkstein, Jan. 29, 2013
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