SSA has published a notice in the Federal Register "requesting your comments about our operating procedures for determining disability for persons whose drug addiction or alcoholism (DAA) may be a contributing factor material to our determination of disability.'' 75 Fed. Reg. 4900 (Jan. 29, 2010). Comments are due no later than March 30, 2010.
The issues are:
1.What evidence should SSA consider to be medical evidence of DAA?
2. How should SSA evaluate claims where there is a combination of DAA and at least one other mental or physical impairment?
3. Should SSA include use of cigarettes and other tobacco products in its instructions?
4.How long a period of abstinence or nonuse should be considered to determine whether DAA is material to the disability determination?
5.Is there any special guidance SSA can provide for individuals with DAA who are homeless?
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( 0 / 0 )SUPPLEMENTAL SECURITY INCOME GENERAL INFORMATION
SSI MONTHLY FEDERAL BENEFIT RATES (FBRs) AND LIVING ARRANGEMENTS
See the amounts below to determine the maximum monthly SSI benefit you can get in the following living arrangements if:
• your State does not add to the SSI monthly FBR, and
• you have no countable income. See SSI Income on page 19 for more information.
However, depending on what State you live in, you may receive a supplemental payment. Some States contribute to the total amount payable to SSI beneficiaries. This amount varies from State to State. See SSI Benefits on www.SSA.gov for more information on the State supplement. The amounts below refers to the amount you get from the federal government only, provided you or your spouse does not receive any other countable income as of January 2009.
Live alone or pay your share of food and housing costs:
• Individual/Child $ 674
• Couple $ 1,011
Live in the household of another:
• Individual/Child $ 449.34
• Couple $ 674
Live in a Medicaid Institution:
• For each Individual/Child $ 30
NOTE: Amounts given are general guidelines only.
SSI RESOURCE LIMITS – You can get SSI in all States if we count the things that you own and they are worth less than the following:
• Individual/Child $2,000
• Couple $3,000
NOTE: SSA does not count all of the things you own as a resource. For more information about Resources, see www.SSA.gov.
SSI ELIGIBILITY REQUIREMENTS
WHO IS ELIGIBLE FOR SSI?
Anyone who is:
• aged (age 65 or older);
• blind; or
• disabled.
And who:
• has limited income; and
• has limited resources; and
• is a U.S. citizen or national, or a certain category of alien (Note: In general, an alien who is subject to an active warrant for deportation/removal does not meet the citizenship/alien requirement); and
• is a resident of one of the 50 States, the District of Columbia, or the Northern Mariana Islands; and
• is not absent from the country for a full calendar month or more than 30 consecutive days; and
• applies for any other cash benefits or payments for which he or she may be eligible, e.g., pensions, Social Security; and
• gives SSA permission to contact any financial institution and request any financial records that the financial institution may have about you; and
• files an application; and
• meets certain other requirements.
WHAT DOES “AGED” MEAN?
“Aged” means age 65 or older.
WHAT IS “BLINDNESS” FOR AN ADULT OR CHILD?
“Blindness” in Social Security disability programs is “statutory blindness,” which means:
• you have a central visual acuity of 20/200 or less in your better eye with best correction; or
• you have a limitation in the field of vision of your better eye, so that the widest diameter of your visual field subtends an angle no greater than 20 degrees.
If you have a visual impairment that is not “blindness” as defined above, you may still be eligible for SSI benefits on the basis of disability. See the definitions of disability for children and adults below.
WHAT DOES “DISABLED” MEAN FOR A CHILD?
An individual under age 18 is “disabled” if he or she has a medically determinable physical or mental impairment, which:
• results in marked and severe functional limitations; and
• can be expected to result in death; or
• has lasted or can be expected to last for a continuous period of not less than 12 months.
If the individual is age 18 or older, the adult definition of disability explained below applies.
WHAT DOES “DISABLED” MEAN FOR AN ADULT?
An individual age 18 and older is “disabled” if he or she has a medically determinable physical or mental impairment which:
• results in the inability to do any substantial gainful activity (see definition of substantial gainful activity on page 35); and
• can be expected to result in death; or
• has lasted or can be expected to last for a continuous period of not less than 12 months.
WHAT DOES “LIMITED INCOME” INCLUDE?
Income includes:
• money you earn from work;
• money you receive from other sources, such as Social Security, workers compensation, unemployment benefits, Department of Veterans Affairs, friends or relatives; and
• free food or shelter.
WHAT ARE “LIMITED RESOURCES”?
Resources are things you own such as:
• cash;
• bank accounts, stocks, U.S. savings bonds;
• land;
• vehicles;
• personal property;
• life insurance; and
• anything else you own that could be converted to cash and used for food or shelter.
The SSI limits for resources that SSA does count are:
Individual/Child $2,000
Couple $3,000
CITIZEN/NON-CITIZEN STATUS
To get SSI, you must be:
• a citizen or national of the U.S.; or
• a non-citizen who meets the alien eligibility criteria under the 1996 legislation and its amendments.
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( 2.9 / 100 )After the initial application a "bar code" is identified with your claim which usually appears on most DDS or adjudicator correspondence and requests. The "bar code" should be sent via facsimile to the phone number identified on the correspondence.
The actual forms and bar code is being sent to a sub-contractor hired by SSA to process the documents electronically. In other words, to put the documents in an electronic format so the adjudicator can view the documents on his/her computer rather than having an actual paper file.
The problem that often arises is the fact that many claimant's do not have access to a fax machine or must pay a $1.00 plus for each page to be faxed and many adjudicators/SSA employees do not include a return pre-paid envelope via the paper method when specifically requested to do so in a claim.
It is important to note that the "bar code" at the initial and reconsideration claim levels is different than the "bar code" used at the Hearing level. Many times claimant's, SSA employees and representatives can confuse the two different bar codes which can cause chaos at the Hearing level. Although no human being can be expected to be a bar code reader, there is a noticeable page format difference between the two, which only an experienced practicioner or SSA employee can identify.
At the Hearing level a CD or disc is available for review and yes, you must have a computer to view the documents or Exhibits in your claims file. In Part III we will review what should be and what often is not on the CD that you may need to request.
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( 3 / 77 )First SSA "Security Policy" regarding your electronic filings should be acknowledged. Details of SSA's Security Policy are the follpwing:
"The Internet is an open system and there is no absolute guarantee that the personal information you enter to request verification will not be intercepted by others and decrypted. Although this possibility is remote, it does exist. We have included the safeguards described below to reduce the risks:
•SSA is taking all reasonable and appropriate measures, including encryption, to ensure that personal information is disclosed only to you.
•So your Internet communications can remain confidential, you must use a Web browser which supports the Secure Sockets Layer (SSL) security protocol. Your Web browser probably already supports SSL.
•Social Security will not give, sell or transfer any personal information to a third party.
If you are not comfortable with these risks, please call 1-888-772-2970 to speak to a specially trained technician about your concerns. For TDD/TTY call 1-800-325-0778."
Generally, for the initial application I advise to either do an in person interview at the SSA offices or the phone interview. The internet application is both overly lengthy and labor intensive for the typical disabled person.
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( 3 / 77 )What do I offer you that the competition does not? It's a question easily answered in many situations and it's something you need to think about.
1) Is the person a Florida Bar Licensed attorney? I am, but companies such as Binder & Binder, Allsup, Disability Experts etc. are not Florida Bar licensed attorneys. Immorally, beware, Morgan & Morgan of Florida is sending non-attorney's to Social Security hearings with claimants.
2) Will you have a face to face meeting with your lawyer who will be with you throughout the entire process? I will, but law firms like Morgan & Morgan send, and shockingly so, clerks, yes untrained clerks, to a hearing with you. Not only is this morally wrong but appears to be a violation of the Florida Bar ethics rules.
3) Does your attorney or representative have a plan with you to WIN? I will discuss with you the strategy of winning your Social Security and any other claim. Believe it or not many of those aforesaid have no strategy to win, such as discussing your restrictions with your doctors, etc. Most of those above will lose marginal claims because there is no winning strategy. The catch is, how would you know if your case was difficult or not until it was too late, such as receiving a hearing unfavorable determination.
4) Has your attorney attended over 1,000 hearings? I have, if somone you are considering has not, you should factor in this obvious experience necessity. Often, you hear that the "firm" or "company" has experience but unless the actual attorney,your actual attorney, has experience the "firm's" experience is pointless.
For more information please call us at 813-657-9175
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( 2.9 / 186 )I. Benefits For Disabled Widows Or Widowers Disability:
If something happens to you, benefits may be payable to your widow or widower with a disability if the following conditions are met:
1. You and your wife or husband were "legally" married in the State where the insured decedent had his or her permanent home. See, 20 C.F.R. section 404.345 (2008).
2. Generally 9 months of marriage is required under See 20 C.F.R. section 404.335 (2008) but there are many exceptions and you must refer to regulation aforesaid. See also, SSR 67-8: SECTION 202(e) and 216(c). -- WIDOW'S INSURANCE BENEFITS -- DEFINITION OF WIDOW -- ENTITLEMENT TO WIDOW'S INSURANCE ANNUITY UNDER RAILROAD RETIREMENT ACT IN MONTH BEFORE REMARRIAGE.
Key note: do not confuse the one year rule for wife's or husband's benefits: The marriage lasted at least one (1)year. See, 20 C.F.R. section 404.330 (2008).
3. The widow or widower is between ages 50 and 60.
4. Seven year rule: The disability started before your, the decedent's, death or within seven (7) years after your death.
4A. Disability start date is generally the last day worked and is also called the "alleged onset date (AOD)".
5. The widow or widower meets the definition of disability for adults, e.g., "totally and permanently disabled and unable to engage in gainful or substantial employment for 12 consecutive months or more".
5A. Medical evidence is critical at step 3.
Key Note: If your widow or widower caring for your children receives Social Security benefits, he or she is eligible if disability starts before those payments end or within seven years after they end. See 20 C.F.R. section 404.345(c)(1)(2008).
SSA uses the same definition of disability for widows and widowers as for workers.
II. Benefits for surviving divorced spouses:
If you have been divorced, your former wife or husband who is age 60 or older (50-59 if disabled) can get benefits if your marriage lasted at least 10 years. Your former spouse, however, does not have to meet the age or length-of-marriage rule if he or she is caring for his/her child who is under age 16 or who is disabled and also entitled based on your work. The child must be your former spouse’s natural or legally adopted child.
Benefits paid to you as a surviving divorced spouse who meets the age or disability requirement as a widow or widower won’t affect the benefit rates for other survivors getting benefits on the worker’s record. However, if you are the surviving divorced mother or father who has the worker’s child under age 16 or disabled in your care, your benefit will affect the amount of the benefits of others on the worker’s record.
III. What if I remarry?
Generally, you cannot get widow’s or widower’s benefits if you remarry before age 60. But remarriage after age 60 (or age 50 if you are disabled) will not prevent you from getting benefit payments based on your former spouse’s work. And at age 62 or older, you may get benefits based on your new spouse’s work, if those benefits would be higher.
See, SSR 87-7c: SECTIONS 202(e)(4) AND 202(f)(5) OF THE SOCIAL SECURITY ACT (42 U.S.C. 402(e)(4) AND 402(f)(5)) WIDOW(ER)'S INSURANCE BENEFITS -- NONENTITLEMENT OF SURVIVING DIVORCED SPOUSES WHO REMARRIED AFTER AGE 60 -- CONSITUTIONALITY OF FORMER PROVISIONS
20 CFR 404.336(e); Bowen v. Owens et al., _____ U.S. _____, 106 S. Ct. 1881 (1986).
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( 2.9 / 224 )Insurance Companies are always up to various schemes in order to obtain your Social Security back benefit monies. Third party "Monitoring" through companies like Allsup is just another avenue to take advantage of you, the claimant.
Monitoring your Social Security claim has no advantage to you! Insurance Companies simply want to collect your back benefit monies to "offset" the payments made to you under the private disability policy which you paid for over years of employment. Its a "have your cake and eat it to" payoff for the insurance company. So how do they do it? The insurance company "hires" a company like Allsup to get a "jump" on your Social Security monies and God forbid if you are actually represented by a person who is hired by your insurance company, they more than likely had you already sign documents allowing them, your "supposed" representative, to collect your back benefits and then turn them over to the insurance company. Do not allow this to happen. Terminate this relationship immediately if this is the case!
Simply put, get a licensed attorney, not hired by your insurance company, who has done at least 1,000 Social Security cases to represent you! For more details call us for a Free Consultation at 813-657-9175 or e-mail us.
See other Blog Article below: Short or Long Term Disability Benefits: Beware of Representatives Recommended By Your Insurance Company.
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( 3 / 333 )Reverse Home Mortgage:
Reverse mortgages are products specifically designed for and targeted to senior citizens by supposed trust worthy actors such as James Garner and that Hart to Hart has been. Essentially these products are financinally raping senior citizens of their long term wealth and preventing the passing of the most important asset, the homstead, to one's heirs and family.
Unfortunately, the poor will beome poorer with legitimizing reverse mortgages to the main stream borrower and the near future we will see an unprecedented transfer of the middle and poorer income families wealth. The middle class and below will not reap the benefits of the family's homstead because the reverse mortgage will cause the homestead to end up with a third party institution or bank.
By all accounts, reverse home mortgage growth is exploding. Baby boomers are reaching retirement and, for most, home equity makes up the largest part of their nest egg. Reverse mortgages will be the tools that many of these retirees will use to tap into this nest egg for retirement living expenses. The number of new HUD Home Equity Conversion Mortgages (HECM) already has increased seventy-five percent in the most recent twelve-month period over the same period one year ago.
Along with reverse home mortgage growth come increased opportunities for fraud and scams. Reverse mortgages are different from traditional mortgages in ways that make them attractive vehicles for scam artists: scam artists know that a reverse mortgages provide the senior homeowner with relatively easy access to a sizeable pool of cash.
Reverse mortgages are harder to understand than traditional mortgages making it easier for the scam artist and legitimate lenders to confuse and take advantage. Even in a "legal" or legitimate loan fees are in the thousands of dollars and essentially unregulated. The lack of regulation has confused the general public as to what is legitimate and consequently spawned unprecedent scams on the American public. The following are cautionary tales for those considering the last resort "reverse mortgage".
Scam Tactic One, Downplay Pre-Loan Counseling:
All three major reverse mortgage programs HUD HECM, Fannie Mae’’s Home Keeper and Financial Freedom require potential borrowers to have counseling with an independent counselor specially trained in reverse mortgages before taking out a loan.
In a recent Detroit-area fraud case, a corrupt lender was able to keep the borrower in the dark about the amount she was eligible to borrow. She thought her loan would be for $61,000 when in fact she was borrowing $103,000. Guess who pocketed the $42,000 difference? A thorough counseling session would have given the homeowner an accurate idea of the true amount of eligibility.
Scam Tactic Two, A counseling meeting by phone is inadequate:
Although counseling by telephone is allowed, it is always best to meet face-to-face with the counselor. If you find that anyone you’’re working with in the process suggests that counseling can be done quickly over the phone or otherwise downplays the importance of pre-loan counseling, be highly suspicious.
Scam Tactic Three, Forgery:
Forgery is a key part of many scams. In one case, the lender requested the title company to prepare two checks payable to the homeowner: one for $61,000 which the homeowner received and a second one for $42,000 which the corrupt lender endorsed with a forged signature and deposited into his own account.
In one California case, two con artists one working as a financial advisor the other a handyman - convinced an elderly homeowner to take out a reverse mortgage to pay for home repairs. The financial advisor opened an account for the proceeds of the loan and forged the victim’’s name to gain access to funds.
Another California case reported in the Santa Cruz Sentinel shows how dangerous it can be to sign “unfinished” documents. Mrs. Sally Scott is 66 years old. While she receives Social Security and pension checks, she still can’t make ends meet. She saw an ad for a “reverse” mortgage a loan that allows seniors age 62 or older to receive cash by borrowing against their homes and does not require repayment as long as they live there. Seeking a little financial cushion, she spoke to a mortgage broker about a $10,000 reverse mortgage.
When she received the loan papers, she noticed that the loan amount was $200,000. The broker promised that he would change the figure, but insisted that she sign the paperwork first. Trusting the broker, Mrs. Scott signed.
A week later, she received a check for $200,000. She immediately notified the broker, who apologized for the mistake and instructed her to wire the money back. As it turned out, the account that Mrs. Scott returned the money to belonged to the broker. He disappeared, leaving her with a mortgage in default and no way to repay the loan.
Precaution: Never sign documents with blanks to be filled in or corrections to be made later.
Scam Tactic Four,Charging for Free Reverse Mortgage Information:
The complexity of reverse mortgages means that it is natural for borrowers to seek assistance and guidance to help them understand the loan process, find a lender or, generally, better understand what they are getting into. Some scammers have seized on this to offer - for a fee - reverse mortgage information and services that are available to consumers at no charge.
For example, some senior homeowners have been contacted by firms offering to assist them in finding a reverse mortgage lender, in exchange for a percentage of the loan. This type of arrangement should always be avoided. According to HUD’’s website:
HUD does NOT recommend using an estate planning service, or any service that charges a fee just for referring a borrower to a lender. HUD provides this information without cost, and HUD-approved housing counseling agencies are available for free, or at minimal cost, to provide information, counseling, and free referral to a list of HUD-approved lenders.
Walk away from anyone who offers to find a reverse mortgage lender for a fee. Use the internet to find free information about reverse mortgages or, read one of the several excellent reverse mortgage books that have been published in recent years.
Scam Tactic Five, Posing as a Government or Non-Profit Representative:
The most popular form of reverse mortgage - the Home Equity Conversion Mortgage (HECM) - is an official program of the U.S. Department of Housing and Urban Development (HUD). However, neither the HECM program nor other reverse mortgage programs are marketed directly to senior homeowners by government employees.
Unscrupulous reverse mortgage salesmen have been known to represent themselves to elderly homeowners as government representatives or volunteers for non-profit organizations.
Be sure you know who you are dealing with and what organization they represent. Do not be timid about asking for information such as their home office location and phone number. Use resources like HUD and the National Reverse Mortgage Lenders Association (NRMLA) to check out the company. Also, check complaint sites like www.ripoffreport.com or bbb.com.
Scam Tactic Six, Bundling Things with Reverse Mortgage Financing:
A common tactic of scam artists is to bundle reverse mortgage financing with something else such as home improvements, annuities, risky investments, living trusts or other estate planning products.
In one Seattle-area case, elderly consumers were told that living trusts must be purchased in order to obtain a reverse mortgage. In another case, seniors were encouraged to take out a reverse mortgage and use the proceeds to “invest” in truck-mounted billboards.
Frequently, two or more scammers work as a team. For example, in the California case cited earlier, an unscrupulous financial advisor steered the homeowner to a home repair contractor who was party to the scam and who grossly overcharged the victim for repair work.
If you find yourself dealing with someone who attempts to bundle a reverse mortgage with another product or service or steer you to a particular contractor/lender, be highly suspicious. If you feel at all uncomfortable or that the person is using a high-pressure sales tactic, then walk away.
Whether legitimate or a scam the reverse mortgage should only be entered into as a last resort. Of all of the loan products it ranks up there as the worst and second only to a "pay day" loan from AMSCAM. I say just don't do it because it probably can not be undone.
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( 2.9 / 258 )When first applying for Social Security Disability benefits you should call your local office and request a phone interview. Yes, you should SPECIFICALLY request the phone interview which should be scheduled two weeks or so after your initial call to SSA.
The following is a check-list of items you should gather together for the phone interview:
Checklist - Adult Disability Interview:
You should have as much of the following information as possible ready for your interview. Keep your appointment, even if you do not have all of the information. We, David W. Magann, P.A., can and will help you get any missing information.
Check off the items below as you get them together for your interview.
1. Medical Information:
Names, addresses and phone numbers of all doctors, hospitals and clinics.
Patient ID number(s):
Dates seen:
2. Names(s) of medicine(s) you are taking:
3. Medical records in your possession.
4. An original or certified copy of your birth certificate. If you were born in another country, SSA needs proof of U.S. citizenship or legal residency.
5. If you were in the military service, the original or a certified copy of your military discharge papers (Form DD 214) for all periods of active duty.
6. If you worked, your W-2 Form from last year, or if you were self-employed, your federal tax return (IRS 1040 and Schedules C and SE).
7. Workers' compensation information, including date of injury, claim number and proof of payment amounts.
8. Social Security Number(s) of your spouse and minor children.
9. Your checking or savings account number if you have one.
10. Name, address and phone number of a person who we can contact if we are unable to get in touch with you.
11. Kinds of jobs and dates you worked in the 15 years before you became unable to work.
The check-list will help you collect the information you need for your interview. You should always default on making the application rather waiting to see if you might get better. Go to www.ssa.gov for more information.
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( 3 / 284 )The basics of the 12 consecutive rule is that you as a claimant must be disabled for 12 months at one time and have not earned, as of 2008, $940.00(SGA) or more in anyone of those 12 months regarding work activity. If Social Security finds you disabled before 12 months have gone by and you then go back to work before the 12 months are up and you earn $940.00 (SGA) or more, your benefits may be immediately terminated. After 12 months have gone by then a new set of rules appply, called "Trial Work Period" (TWP) rules or the "Averaging Method" (AM) rules may be applicable. (See, SSR-83-35 for AM rules). Not to be overly technical but the following are some important cases of this often misunderstood and case shattering 12 consecutive month rule that is applicable to all claims:
In the case of Barhart v. Walton, 535 U.S. 212, 122 S.Ct. 1265, 1271-72, 152 L.Ed.2d 330 (2002), the Supreme Court held that the SSA’s interpretation of the statutory definition of disability as requiring that a claimant’s “inability to engage in any substantial gainful activity” (SGA) last, or be expected to last, for at least 12 months, was based on a lawful construction of the statue. The Court also held that the regulation set forth in 20 C.F.R. § 404.1592(d)(2), which provides that a return to work prior to the lapse of a 12-month period after onset of impairment, and prior to adjudication of disability, precludes a finding that a claimant is disabled, or is entitled to a trial work period, is a reasonable interpretation of the statue and lawful. Id. at 1273-74.
Often Social Security uses the 12 consecutive month rule as a general basis of a claim's denial because you, the claimant, have not proven that the impairment will last the entire 12 months. However, when making the application you should not let the 12 month rule deter you but you should have your treating physician give a statement that your impairment will last beyond the 12th month of disability. In fact, the sooner you make your application is always the best course of action for many other reasons not covered under this topic.
So now that we know the basics of the 12 consecutive month rule what exceptions may be applicable? The 12 consecutive month rule mispplication has been used by the Social Security Administration in cases usually involving those who had already received disability benefits, but at some point went back to work earned substantial wages and then became disabled again. Below are some fact intensive case law holdings:
The Eleventh Circuit has found that SGA only bars entitlement to benefits during periods of employment where a claimant’s employment during the last three months of a four year period only barred receipt of benefits during the SGA activity and did not undermine the original determination that the claimant met a listed impairment. Merely, the claimant would not be entitled to receive benefits during periods of employment that rise to the level of SGA. Williams v. Apfel, 73 F. Supp.2d 1325, 1341 (M.D. Fla. 1999), citing Powell on behalf of Powell v. Heckler, 773 F.2d 1572, 1576 (11th Cir. 1985).
For example, suppose a claimant had a terminal illness such as Huntington’s Disease where he was out of work for a 12 month period but such period was before 2 years of continuous SGA work and now currently was out of work for only a 6 month period. One can argue that an applicable onset date was the prior 12 month period before the 2 years of SGA work. Notably, there still must be medical evidence to support the onset date and a fact intensive case by case analysis is required.
As far as partime work the Eleventh Circuit has held that at Step Five of the sequential evaluation process, “an ability to do part-time work does not preclude a finding of disability.” Kelly v. Apfel, 185 F.3d 1211, 1214 (11th Cir. 1999). One is to keep in mind the levels of SGA for each year worked and if evidence of Impairment Related Work Expenses (IRWE) and subsidies under Social Security Ruling (SSR)-83-33 is applicable.
In dealing with the 12 consecutive month rule one must consider many factors such as the claim status and the claimant's earnings to name a couple. As a general rule it is best to seek advice from an attorney who has conducted at least several hundred hearings, if not more, in order to understand the applicability of the rule and those fact intensive claims which the 12 consecutive month rule may have an adverse effect upon in Social Security claims processing.
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