One of the best things about practicing Social Security law is meeting all of the clients. People come to me for help and advice, and they are putting their trust in me to be able to assist them. Usually they are sick and hurting and do not even know where to begin in the process.

On a daily basis, my heart breaks for the people that come in the door. This is especially true when I learn they have a diagnosis that meets the definition of a “compassionate allowance.” That link takes you to a full list, but the compassionate allowance I most recently dealt with was a diagnosis of pancreatic cancer.

The majority of the time, a compassionate allowance diagnosis is terminal and/or so severe the patient is not expected to recover. Generally, these should be approved at the initial application and the client will probably never need a lawyer.

However, I am happy to sit down with anyone and review the list as well as answer any questions that you may have about how the process works. Hopefully, the approval will be quick and you will not even need a lawyer to get involved.

If for some reason a claim with a compassionate allowance is denied, we will do everything we can to try and expedite the hearing process. There are some things that can not be rushed, but there are certain exceptions that allow us to ask for an expedited hearing. (More on those later.)

My entire firm has just returned from a weekend retreat for planning the 2012 year. I am very excited about what 2012 has in store for us!

There are currently 5 lawyers in the firm, and we have 12 fabulous staff members.

I’m Rangeley Chewning and I am the author of this blog. I have been at Jebaily Law Firm for 9 years now! This is a great place to work, and I am fortunate to have landed here 9 years ago. I went to the University of South Carolina School of Law and clerked for the Honorable John M. Milling upon graduation.

I primarily work in the fields of Social Security Disability and Personal Injury. I started the Disability Blog to have two purposes: 1) to inform readers about Social Security Disability and 2) to challenge myself to research and learn more about the field.

In 2012, I am challenging myself to writing more posts and keeping this site more visible. If you ever have any questions or want me to write on a particular topic, feel free to email me or call me at the office.

Thanks for reading!

If you are a Bank of America customer experiencing financial hardship, they are hosting outreach events.

If you are experiencing financial hardship, please register to attend a Bank of America customer outreach event in your area. There, you will have the opportunity to meet in person with one of our specialists to discuss your home loan and any assistance solutions—including loan modification options—that may be available to you.
Thursday, February 9 –
Saturday, February 11
8am-8pm
Embassy Suites North Charleston
5055 International Boulevard
North Charleston, SC
Event map »
To participate, you must register in advance.
We strongly recommend you do so now since space is limited. Register Now

There is also one in Charlotte.

I posted the following question on my facebook page:
What do you think happens to your house if you die and are a) married b) have kids and 3) have no will?

Most people assume that the surviving parent would inherit the house, cars, etc. This is not the case in South Carolina.
SC Code SECTION 62-2-102 states:

The intestate share of the surviving spouse is:

(1) if there is no surviving issue of the decedent, the entire intestate estate;

(2) if there are surviving issue, one-half of the intestate estate.

What does all of that mean? That if you are married and have children and no will? When you die, your spouse will get half and your kids will get half. If those children are under the age of 18? You may have to petition the court if you want to sell the house, and that can be a complicated process.

The much easier solution is to contact an attorney and get a will drafted. It isn’t scary– it is smart planning. There are kits available in places like Office Depot, but be very careful. It isn’t all that much more to hire a lawyer to do the will, and you know it will comply with South Carolina law. For example– in some states you can handwrite notes and scratch things out on a will. In South Carolina? That is an invalid change to the will and will be ignored. That seems minor, but trust me when I tell you it can become a major problem.

You can call my office at 843-667-0400 or the SC Bar Lawyer Referral Service.

(No post on this blog is intended to be legal advice or establishes an attorney-client relationship. Please call a lawyer for any specific questions that you may have.)

While you may be pondering what Jebaily Law Firm and the Pee Dee Heart Walk have in common, there is a common thread. Ever since I began doing Social Security disability I have noticed that almost every client has some sort of heart related problem. It may be high blood pressure, past heart attacks, high cholesterol, pacemaker, or a variety of heart related issues.

“Heart disease and stroke are the principal components of cardiovascular disease (CVD). CVD claims 35 lives a day in South Carolina, making it the leading cause of death.” (Source.) That statistic is MIND BLOWING! I have had more than one client die during the pendency of their case of a heart attack. In Social Security cases I am able to substitute a family member when this happens, and I get to be on the inside of what happens to a family when they are trying to rebuild after losing a loved one to a heart attack.

For those reasons as well as having two family members with pacemakers, I felt that this was an organization that I not only want to support, but that I NEED to support. I want to do everything I can to help improve heart health in South Carolina. Working with the Heart Association this year has given me a real sense of purpose in something outside of my job and family. I have made some new friends, met some new contacts, and participated in a larger community than I normally would.

We had a wonderful time at the Heart Walk. It is held at Francis Marion University, which has a beautiful campus. The day started cold and rainy, but there was still a great turn out! By the time the walk was ending and the emcee took the stage, the sun came out and brightened the day for all of the thousands of people that were walking to improve heart health. It truly was an amazing feeling to be a part of this event.

I am especially proud to report that I am currently the fourth highest fundraiser for the Pee Dee Heart Walk! I have raised $5,127.00 to date! Jebaily Law Firm is currently the team in SECOND place! We are above some really large corporate teams! As a team we have raised $8,721.00. I am extremely proud of everyone that is on my team, as well as the local staff of the American Heart Association. They are hard working and dedicated, and I have enjoyed working with them.

Every time I feel like I step into a Social Security hearing I feel like I am helping a family. As much as I love what I do, I would love it more if we can reduce the number of people in South Carolina that are affected by heart disease and stroke!

(If you would like to visit my personal webpage, it is located here.)

ocial Security Announces 3.6 Percent Benefit Increase for 2012

Cost-of-Living Adjustment is First Since 2009

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Monthly Social Security and Supplemental Security Income (SSI) benefits for more than 60 million Americans will increase 3.6 percent in 2012, the Social Security Administration announced today.

The 3.6 percent cost-of-living adjustment (COLA) will begin with benefits that nearly 55 million Social Security beneficiaries receive in January 2012. Increased payments to more than 8 million SSI beneficiaries will begin on December 30, 2011.

Some other changes that take effect in January of each year are based on the increase in average wages. Based on that increase, the maximum amount of earnings subject to the Social Security tax (taxable maximum) will increase to $110,100 from $106,800. Of the estimated 161 million workers who will pay Social Security taxes in 2012, about 10 million will pay higher taxes as a result of the increase in the taxable maximum.

Information about Medicare changes for 2012, when announced, will be available at www.Medicare.gov. For some beneficiaries, their Social Security increase may be partially or completely offset by increases in Medicare premiums.

The Social Security Act provides for how the COLA is calculated. To read more, please visit www.socialsecurity.gov/cola.

This weekend at the Carolina Coliseum in Columbia, there will be free medical, eye, and dental care provided. One of the biggest frustrations for me in my practice, is the number of people that I see that have little to no access to medical care. There is not a geographic limit to the services provided, so this is a great service that will be provided. More details here.

I just received this alert from NOSSCR. There are often reasons for a claimant to file a new application while there is an appeal pending at Appeals Council:

In today’s Federal Register, SSA published SSR 11-1p, which revises SSA’s policy for filing subsequent applications where a prior application is pending at the Appeals Council. 76 Fed. Reg. 45309 (July 28, 2011). Available at http://www.gpo.gov/fdsys/pkg/FR-2011-07-28/pdf/2011-19103.pdf.

Under SSR 11-1p, which is effective today, SSA “will no longer process a subsequent disability claim if you already have a claim under the same title and of the same type pending in our administrative review process.” This SSR does not change SSA’s policy where an appeal is pending in federal court. In those cases, the claimant may file a new application while the court case is pending. According to SSA, SSR 11-1p will not apply to subsequent applications that were filed before July 28, 2011.

Key provisions of SSR 11-1p:

A claimant who wants to file a new disability claim under the same title and of the same benefit type will have to choose between continuing with the administrative appeal or declining to pursue administrative review and filing a new application.
If the choice is to purse the administrative appeal, SSA will not accept the subsequent application.
Additional evidence reporting a new medical condition or a worsening of existing medical conditions can still be submitted. If submitted to an SSA Field Office, the evidence will be forwarded (in most cases, electronically) to the office handling the claim, e.g., the ODAR hearing office or the Appeals Council.
If the claimant decides to pursue the first claim and it is pending at the Appeals Council and additional evidence is submitted, the Appeals Council will first determine if the evidence relates to the period on or before the date of the ALJ hearing decision. If it does relate to that period, the Appeals Council will consider it with the rest of the record. See 20 C.F.R. §§ 404.970(b) and 416.1470(b). In Region I states, see 20 C.F.R. § 405.373.
If the new and material evidence relates to the period on or before the date of the hearing decision and “shows a critical or disabling condition, the Appeals Council will expedite its review of your pending claim.”
If the additional evidence relates to the period after the date of the ALJ decision, the Appeals Council will return the evidence to the claimant per 20 C.F.R. §§ 404.976(b) and 416.1476(b).
The evidence will be returned when the Appeals Council takes action on the appealed claim. The notice from the Appeals Council will inform the claimant that “under certain circumstances,” SSA will consider the date the request for review was filed as the protective filing date for the new claim. To be covered by the protective filing date, new Title II applications will need to be filed within six months of the date of the Appeals Council notice; new SSI claims will need to be filed within 60 days of the notice. Id.The new application can be filed only after the Appeals Council completes action on the request for review of the first claim.
If the claimant decides not to pursue further review of the pending claim, a new application can be filed. However, the claimant will need to withdraw the request for review. See 20 C.F.R. §§ 404.971 and 416.1471.

When I first started practicing Social Security law, I found Gordon Gates Blog. His blog has been an enormous help to me, and I have discovered other Social Security sites through him. Mr. Gates has recently written an e-book for his clients, “Ten Steps to Prepare for Your Social Security Hearing.” I printed it out and read it over the weekend, and I am so impressed. This e-book explains to clients exactly what the Social Security process entails, and breaks it down into easy to understand steps.

Mr. Gates gives this book to his clients and now you can also download a copy, with no cost or obligation. I have a copy and believe that it will be helpful in my own practice. It is a very nice outline that explains to a client not only how to prepare, but what to expect. I have found that clients fear is generally rooted in their fear of the unknown, and hopefully this guide will alleviate those concerns.

Here is a direct link to the .pdf document.