P.I.S.S.D. -- Personal Injury, Social Security Disability. Dallas Texas Lawyers

Levers Replacing Doorknobs In American Homes

It has been reported that the percentage of lever door openers in homes is increasing year by year, and the percentage of doorknobs is falling. Levers now make up only 15% of all home door openers, but levers are gaining fast.

Aside from decorative features, levers have one big advantage over doorknobs, and that is the ease with which disabled people can operate them. Many Americans are simply unable to grasp and twist a doorknob. But almost anyone can operate a door lever -- with an open hand, a fist, or even an elbow.

The only drawback I have found with levers is that they can be operated by a toddler, or even (surprisingly) by a cat!

Levers are far more popular in public buildings because one requirement of the Americans With Disabilities Act is that doors to buildings accessible by the public must be "usable with one hand, without tight grasping, pinching or twisting of the wrist."

If you are doing any home remodeling or redecorating, please consider replacing doorknobs with levers. As you age, you will appreciate the levers more, and so will your guests and family members.

Link of the Day - Fee Dental Care At Baylor College Of Dentistry

This is going to be my final Link of the Day for a while. I'll continue to feature helpful links, but less frequently.

Unfortunately, many of our personal injury clients and Social Security disability claimants simply cannot afford proper medical care. The Baylor College of Dentistry helps somewhat by offering dental care to a limited number of patients. Here is information about qualifying for dental care:

How to Become a Patient

The first step to becoming a patient at Texas A&M Health Science Center Baylor College of Dentistry is to undergo a preliminary screening conducted by the dental school.  This screening will determine your treatment needs. In general, we accept patients needing comprehensive treatment as opposed to those who require a single procedure.  But sometimes even those with comprehensive treatment needs will not be assigned students.   

Screening appointments are generally assigned on a first come, first serve basis. For more information about screening dates and times, please call 214-828-8441.

If you are “accepted” as a result of your initial screening, you will be assigned to one of two treatment tracks.

If your dental issues are fairly complex, you will be referred to one of our graduate specialty clinics.  There, you will undergo a second screening after which you will be notified if you are assigned to a graduate dental student. A $16.00 non-refundable fee is charged patients who are referred to specialty clinics.  The fee is non-refundable, even if you are not accepted for treatment.

If your dental issues are more general, you will be put on a list for possible treatment by an undergraduate.  Not everyone who is placed on this list is assigned to a student, however.  Should you be selected, you will receive a phone call to set up an appointment.  After 12 weeks, if you have not been assigned, you will receive a post card asking if you would like to remain on the list.  If you return the card, you will stay on the list another 12 weeks.  If you have not been assigned a student at the end of that time period, you will receive a letter notifying you to seek the services of a private dentist or be re-screened at a later date.

Link of the Day - Arc Of Dallas

The Arc of Dallas is a nonprofit organization whose mission is to improve the quality of life for people with intellectual and related developmental disabilities. It was formed in 1951 by a group of parents who joined forces to fight for their children’s rights to be educated in the public school system. The Arc of today still serves as a voice in the local, state and national community. Here is information from their Web site:

The Arc of Dallas builds bridges to a better quality of life for tens of thousands of North Texans with intellectual and related developmental disabilities. This site will connect you to helpful information, people and services.

People with mental retardation and related developmental disabilities have the same basic legal, civil and human rights as other citizens.  They may need accommodation, protection and support to enable them to exercise these rights.   Their rights should never be limited or restricted without due process.

Advocacy.  Advocacy is essential in maintaining or improving the quality of life for people with mental retardation and related developmental disabilities.

CriminalJustice.  People with mental retardation and related developmental disabilities, like other residents of the United States, have the right to justice and fair treatment in the criminal justice system, including reasonable accommodations as necessary.

Guardianship.  The majority of people with mental retardation and related developmental disabilities can manage their own affairs with informal assistance and guidance from others, such as family and friends.  If guardianship< is necessary, it should be tailored to the person’s needs.  It must be adequately monitored to ensure that the best interests of the individual are protected.

Human and Civil Rights.  The human and civil rights of all people with mental retardation and related developmental disabilities must be honored, protected, and enforced.

Inclusion.  All Americans gain when people with mental retardation and related developmental disabilities are fully included in their communities.Protection.  People with mental retardation and related developmental disabilities must be protected from harm and injury and must have the tools and supports so that they can protect themselves.

Self Determination.  People with mental retardation and related developmental disabilities have the same right to self-determination as all people.  They must have opportunities and experiences that enable them to exert control in their lives and to advocate on their own behalf.

Link of the Day - Auto Lemon Meter

A Connecticut law firm has a cool "Lemon Meter" on their Web site, enter a few facts about your vehicle purchase, and you'll find out whether your car is covered by your state's lemon laws.

One More Editorial About Social Security Disability Backlog

For the third day in a row, I'm featuring a newspaper editorial from earlier this month, again criticizing the huge backlog in processing Social Security disability claims.

I don't know if the public is beginning to figure out that the Social Security disability system will not be there for them if they become disabled, but at least some newspapers have gotten the message. Our country simply must improve the Social Security disability system. The cost to society of all these hundreds of thousands of disabled people with no income to pay medical bills is too high. The United States would be much better off if we just paid the disability benefits we owe, so the disabled can stop depleting charity funds and clogging up government hospitals. We need to restore some dignity to the disabled, and let them have the financial means to support themselves. Here are excerpts from an editorial from the McClatchy-Tribune Information Services:

We must stop the inexcusable delay in getting Social Security benefits to people with disabilities.

Hundreds of thousands of people who have filed legitimate disability claims with the Social Security Administration have been forced to wait, on average, an astonishing 520 days for a hearing on their claims. Many have waited as long as three years, losing their homes in the process.

Social Security Commissioner Michael Astrue has conceded that some people have even died while waiting for their disability payments to come through.

That's mostly because the Bush administration and Republicans in Congress have provided $4 billion less than the agency has requested for its staffing needs.

The result, according to Sylvester J. Schieber, chairman of the Social Security Advisory Board, is "crushing backlogs, rapidly growing application rates and steadily declining numbers of workers to process the workloads."

There are fewer people working at the Social Security Administration today than there were during the Ford administration. But the number of applicants claiming a disability has doubled since 2001 and is growing so rapidly that it is estimated that the backlogs of people waiting more than a year will bloat to 1 million by 2010.

Congress and the White House have been well aware of this crisis. The Advisory Board has issued 21 reports and statements since 1998 calling for more resources for Social Security disability programs.

Meanwhile, the situation keeps getting worse. The backlog has grown from 311,000 in 2000 to 755,000 today, according to The New York Times.

Sen. Byron Dorgan, D-N.D., put it well in a letter he sent to President Bush in September. "The bottom line is," Dorgan wrote, "that elderly Americans and other poor individuals with disabilities that prevent them earning a living and paying their bills deserve better. Social Security disability benefits keep millions of disabled Americans out of poverty. But these people who are unable to work and need immediate assistance to avoid financial collapse do not appear to be a priority for your administration."

Imagine if this were a private insurance company collecting disability insurance premiums and then stringing its customers along for years when they need to collect. This would be seen as a major case of insurance fraud.

But in Washington, it's business as usual.

That's got to change.

Link of the Day - Friday Fun

OK, are you a Little Idiot or a Big Fat Idiot? Find out by taking the Ultimate Idiot Test.

Challenge To Vioxx Settlement Withdrawn

The challenge to the Vioxx settlement made on ethical grounds was voluntarily withdrawn in a brief filed on December 22. The supporting papers in the motion to withdraw state that the parties are meeting on the issue and have made "great progress," but do not specify what that progress is.

Another Editorial About Social Security Disability Backlog

Yesterday I mentioned an editorial in the San Antonio Express-News decrying the terrible Social Security disability claims backlog. Another similar editorial ran this month in the It. Louis Post-Dispatch. This one highlights a claimant who died shortly after being told he was not sick enough to qualify for Social Security disability benefits. Here are excerpts:

Mark Denny's disability hearing took place Monday at the Social Security Administration office in Creve Coeur. An administrative judge was there, as were lawyers and Mr. Denny's mother and sister.

Mark Denny himself wasn't there. He died on Jan. 24, 2006 — two weeks after being told he wasn't sick enough to collect federal disability insurance, and shortly after he decided to appeal.

His case isn't unusual, though most clients don't die during the average 486 days it takes from the time a disability appeal is filed with the Social Security Administration in St. Louis until a hearing can be held. It takes even longer in Kansas City: 684 days.

The problem isn't caused by lazy civil servants. The judges who preside over disability appeals face a crushing caseload, as do the Social Security employees who process the paperwork. Federal funding for their agency hasn't kept pace with demographics. Aging baby boomers have now reached their 50s and 60s. That's the age range of most people who file federal disability claims.

Consider these statistics:

— The Social Security Administration says a judge can handle as many as 360 cases at one time. The average caseload for judges across the country is 736.

— Nationally, the average waiting time for hearings is more than 500 days.

— The number of cases awaiting hearings has jumped to about 755,000 from 311,000 in 2000.

Social Security officials asked for an extra $100 million to hire 150 more judges. But President George W. Bush didn't include it in his budget. And when Congress voted to provide an extra $275 million in hopes of drastically reducing the backlog, it was included in an appropriations bill that Mr. Bush vetoed as being too expensive.

Many [claimants] have serious mental illnesses that go untreated while they wait. Lawyers who handle appeals say it has become common for clients to lose their homes or apartments. Mr. Denny, a graphic artist, was fortunate to have a mother who paid rent on a small St. Louis apartment and a sister who shopped for and looked in on him.

After an auto accident in 1995, Mr. Denny suffered steadily increasing pain in his back and legs. Doctors found dangerous blood clots. They worried that the clots could dislodge and travel to his heart or brain, causing heart attack or stroke.

They were right. Mr. Denny died of a stroke. He was 48 years old. His mother and sister have kept the case going for nearly two years. With luck, his case will be decided by spring. What's at stake are disability payments and medical expenses for the months before he died.

"I view it as justice for him," said Mr. Denny's sister, Katheryn Ludwig. "It's horrendous what the system puts people like my brother through."

Link of the Day - Regiftable.com

OK, Christmas is over, and you absolutely love every gift you got, right? Yeah, me neither. Here's the answer for us: Regiftable.com. This is their story:

Why Regiftable.com?

The credit counselors at Money Management International (MMI) know that being in debt is no way to start the New Year. They created this Web site to help you get through the season with your budget and your sanity in tact.

Whether you are a fan or foe, regifting has become a phenomenon. Regifting experiences can range from resourcefully refined to a comedic disaster; it’s all about the five ‘Ws’ (who, what, when, where, & why). In our opinion, if you are going to do it, do it right! With this holiday season’s particularly tight budgets, it only makes sense to talk about all possible ways to stretch your resources.

In addition to regifting, the folks at MMI love to talk about pregifting, postgifting, ungifting, misgifting, multigifting and nongifting. In fact, the experts at MMI have developed materials that cover a wide range of topics; all to help you financially survive the holidays. So if your holiday debt typically outlasts your fruitcake, consider giving yourself a gift this holiday season; the gift of freedom from financial worries. (After all, the holidays are supposed to be fun!)

Editorial Addresses Backlog In Social Security Disability Claims Processing

The San Antonio Express-News recently ran a short editorial about the shameful backlog in processing Social Security disability claims by the Social Security Administration. I do disagree when the editorial says the problem is a lack of judges. Administrative Law Judges cannot perform their jobs without staff., I believe a lack of staff is a bigger problem than a lack of judges. Here is the editorial:

The system that is supposed to help those least able to help themselves is failing them.

Appeals of Social Security disability claims are taking years to get resolved.

That wouldn't be such a problem if the individuals seeking the help were not relying on the funds to support themselves.

Social Security disability payments are supposed to help those individuals unable to do any kind of substantive work for at least 12 months because of physical or mental disabilities.

Generally, only one in three applications is usually approved. Interestingly, two thirds of the appeals are eventually granted.

Often the individuals seeking disability payments are left homeless through eviction, forced to declare bankruptcy or die before their cases are resolved, the New York Times reports.

The problem appears to be a lack of sufficient judges to hear the appeals.

The growing numbers of applications has caused the appeals time to grow from 258 days in 2000 to 500 days today. The backlog of cases waiting adjudication has increased from 311,000 to 755,000 during the same period, the newspaper reports.

The agency wants to hire 150 new appeals judges to handle the stockpile of cases, but the plan is being held up by politics.

In some states, those waiting for their Social Security disability cases to be resolved are turning to the state government for assistance.

It's a shame that a system established to help is instead aggravating the problems.

Initial decisions on Social Security disability applications are made based on the paperwork submitted; there are no face-to-face interviews until it goes to an appeals judge.

If two-thirds of the cases rejected are eventually approved, perhaps it's time to reconsider the way cases are handled at the inception.