Showing posts with label Cincinnati social security lawyer. Show all posts
Showing posts with label Cincinnati social security lawyer. Show all posts

Monday, March 26, 2012

Should Children Concieved After Death Get Social Security Survivors Benefits

There is a raging controversy as to whether a child concieved after the death of their father should get social security survivor benefits. This is a different benefit from social security disability. When a parent dies with enough covered quarters the child under 18 is generally entitled to a survivor's benefit.

But what about children that are conceived after the death of the father. This can come about when artificial insemination is done from the father's sperm. If the child was conceived before the parent's death there is no issue. But when the child was not in the mother's womb before death there is a big issue that that the United States Supreme Court has heard.  Follow this link to the transcript of the oral arguement in the Unuted States Supreme Court on survivor's benefits .

Despite a lot of legal jargon a member of the Linkedin social security group felt it came down to this arguement:

" It seems apparent to me that the key is that the kids  were conceived after the death of the husband. I don't think the Supremes are going to set that precedent. It's a completely different situation than one where the wife is pregnant when the husband dies since in that situation, she is expecting that the husband's income will be used to support the kids. When you conceive after the husband is already dead, you know going into it that the husband cannot support the kids as he is not alive. The whole point of survivor benefits is to make up for the parent's income that was supporting the children."    

Certainly a very interesting topic and there are more than 100 cases pending before Social Secuity Administration right now. As a Cincinnati social security lawyer I work mostly in the area of disability benefits which focuses on the claimant's inability to work. Did you know that a widow can get benefits on her deceased husband's earnings if she becomes disabled between age 50-60. This is a different scenario all together than survivor's benefits.

So comment here and tell me what you think or if you are unable to work for one for one year iIwould be happy to help you seek Social security disability benefits in Cincinnati .

Anthony Castelli Attorney
8170 corporate Park Drive #220
Cincinnati, Ohio 45242                           It costs nothing to speak with Anthony Castelli
513-621-2345                                         Let Us Help You Get Social Security Disability Benefits               

Thursday, March 8, 2012

Social Security Lawyer in Cincinnati on Certified Nurse Practitioner Value

As a Cincinnati social security lawyer I read hundred of medical records. These are records I get for my social security disability clients that are filing for social security disability. I order these records from their doctor's offices because medical evidence is critical.

More and more I see that a nurse practitioner has been the person seeing my social security applicants. This is an issue since their "testimony" is not as strong as a medical doctor. In fact there is a social security ruling on this issue.

Here is the complicated ruling. you can skip to the end and I'll tell you what it means and what to do.

The SSR 06-3P states:
In addition to evidence from “acceptable medical sources,” we may use evidence from “other sources,” as defined in 20 CFR 404.1513(d) and 416.913(d), to show the severity of the individual's impairment(s) and how it affects the individual's ability to function. These sources include, but are not limited to:

• Medical sources who are not “acceptable medical sources,” such as nurse practitioners, physician assistants, licensed clinical social workers, naturopaths, chiropractors, audiologists, and therapists; and

• “Non-medical Sources” including, but not limited to:
• Educational personnel, such as school teachers, counselors, early intervention team members, developmental center workers, and daycare center workers;
• Public and private social welfare agency personnel, rehabilitation counselors; and
• Spouses, parents and other caregivers, siblings, other relatives, friends, neighbors, clergy, and employers.

Information from these “other sources” cannot establish the existence of a medically determinable impairment. Instead, there must be evidence from an “acceptable medical source” for this purpose. However, information from such “other sources” may be based on special knowledge of the individual and may provide insight into the severity of the impairment(s) and how it affects the individual's ability to function.

The ruling further states:
“Accordingly, this ruling clarifies how we consider opinions and other evidence from medical sources who are not “acceptable medical sources” and from “non-medical sources,” such as teachers, school counselors, social workers, and others who have seen the individual in their professional capacity, as well as evidence from employers, spouses, relatives, and friends. This ruling also explains how we consider decisions on disability made by other governmental and nongovernmental agencies.”

The Bottom line is a Cincinnati social security lawyer should get a doctor to co-sign anything the nursse sends you such as an RFC. The nurse should be given weight for the social security application for any rstrictions or limitations, but the nurse really can not offer a diagnosis that will hold weight.

Anthony Castelli Attorney Let us help you.
8170 Corporate Park Drive
Suite 220
Cincinnati, Ohio 45242

Cincinnati social security attorney