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Julie Elizabeth Moya

Julie Moya’s Answers

4 total

  • Bi-polar disorder and social security disability claims.

    I have been diagnosed bi-polar since 2003. What is required for an individual with bi-polar to get social security disability benefits? I was denied initially because I had worked previously and had finished school. Now I am nearing the stage wher...

    Julie’s Answer

    First, many of my clients have gotten disability based on bipolar disorder. You do not necessarily have to have a physical condition that limits your ability to move, lift, etc. A mental condition can be just as disabling.

    In a good mental health case, a client likely deals with symptoms several times during work hours. The symptoms last for at least 1.5 hours during regular work hours. The symptoms are intense (to the point the client cannot do anything but attempt to cope and manage the symptoms).

    I like to pose questions about the intensity and frequency of a client's symptoms to their psychologist or psychiatrist. In a very good mental health case, the client's doctor will state, in writing, that the client is simply having too many symptoms too often (usually via an assessment form provided by an attorney). Then, the job expert in the hearing should say that a person like my client can't be employed. Then, the judge should declare the client disabled.

    I've won many more cases based on the mental health "Listings" than other Listings (especially physical). A Listing is essentially defines a medical condition that Social Security says is disabling without job expert testimony. It usually takes a lot to prove a Listing, such as diagnostic tests that are very costly and/or rarely used. This less common with the mental health Listings.

    All in all, don't handle this on your own. Get an attorney. 9 of 10 times, the consultation is free, and you don't pay your attorney until you get paid by Social Security. Trust me, Social Security law practices don't stay open catering to the rich. They cater to people who cannot work. If you are at the hearing level, you are running out of time to get one. Many attorneys won't take a client if they don't have time to order their medical records. If you go to the hearing without an attorney, consider asking the judge to postpone it long enough for you to get an attorney and for the attorney to order your records.

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  • I applied for disablity due to a frontal lobe brain tumor that has impaired my memory and ability to multitask.

    I recieved a letter stating that while my injuries would qualify me as disabled, I could not recieve benifits as I hadn't worked long enough. How do I answer the "are you diabled question" on job applications? It is particularly important as I w...

    Julie’s Answer

    First, here's some important background information: There are two basic types of Social Security you might qualify for. For both, you have to qualify in two ways: 1) medically and 2) financially.

    The program for insured workers requires you to be found "disabled" to qualify medically. This program also requires you to earn "work credits" to qualify financially. The other program, often called "SSI," requires you to be found "disabled," too. It's financial requirements are COMPLETELY different, however. No past work is required at all, in fact.

    Most people apply for both types when applying for Social Security disability benefits (sometimes without realizing they have done so). Many times, Social Security will send a separate denial for both programs. This constitutes and "initial denial" on both claims, not two denials on one claim.

    Therefore, what you may have got in the mail was a denial on your claim for benefits under the program for workers only. It's possible that you have not been denied at all on the other claim. It's important that you call your local Social Security office and ask for the status of your SSI claim (rather than your claim under the program for workers).

    Further, as to your claim for benefits under the worker's program, it's possible that you HAVE worked enough as of the date YOU claim as an onset (rather than the date Social Security says you became disabled). Social Security knows that if they find you disabled after the time you qualify financially under the worker's program, they won't have to pay you worker's benefits.

    I've had a few clients get a denial like this. Basically, Social Security tells them they are currently disabled, but were not disabled when they qualified for worker's benefits financially. Sometimes, we can prove that they were disabled during the right time period, and they get paid.

    Heads up: On a denial (under either program), you have 60 days to appeal. At least in TN and GA, Social Security denies a LARGE majority of folks at the first level. They deny an even LARGER majority at the second level. Usually, your best chance of winning is at the third level, the hearing. So, make sure that you get your appeal in on time, should you decide to appeal.

    Also, don't wait to get a Social Security attorney if you have not. Most, if not all, Social Security attorneys work on a contingency fee (they only get paid when, and IF, you get paid). This means that most Social Security attorneys charge their clients nothing until their clients win. Many attorneys even have free consultations. You should check this out, asap.

    You may also want to discuss job applications with an attorney as well. It is VERY difficult, and often impossible, to get Social Security while working (depending on how much you work, and what you are doing).

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  • Auto accident case Question

    My attorney brought a law suit on the insurance carrier of the driver that hit my car on injuries I sustained. But now, after a year, my attorney is withdrawing from the case. 1) How long do I have to get a new attorney. 2) Can I --in the inte...

    Julie’s Answer

    Mr. Palumbo is a very honest man. You have to appreciate that, too. Not every attorney will tell you what he did. However, to temper that a bit, I think you should try several other attorneys before concluding that your case is bad. The LAST thing you want to do is to handle this without an attorney. Lawyers do drop clients for a variety of reasons (though Mr. Palumbo's is VERY common). For example, lawyers drop clients because of client-staff conflicts. This doesn't mean that your attorney was mad at you, or thought you did something wrong. He may just believe that another firm might be better for you in light of counterproductive conflict (personality, the time your require, etc.). Also, it's possible that your attorney missed something about your case, and that another attorney will not. From time to time, our firm takes in a client that has been turned away by another attorney that was mistaken about an important part of his/her case. As to the "how long" question, the answer is "yesterday." Don't wait a second before looking.

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  • Can you wotk on short term disability

    If on short term disability from one fulltimejob can you work a different part time job with job requirements you are physically able to do.

    Julie’s Answer

    This completely depends on your policy. Some policies allow you to earn a certain percentage of your prior earnings and still be "disabled" under the policy. However, most policies base disability on not being able to work at all. Check your policy. You should be able to get this from your policy's plan administrator, who is likely your former employer.

    Another thing to watch out for is your upcoming long term disability claim (if you think you will need to apply for this). Many long term disability policies require you to file for Social Security. Long term disability insurers often use an unfavorable Social Security decision as one justification for denying long term disability. If you are working, your chances of an unfavorable Social Security decision can be very high. The first question a Social Security judge will consider is: "Are you working?" Even though you can technically make $1011 a month under Social Security's rules, many Social Security judges will find that you are "demonstrating" the ability to make $1011 if you are working much at all, and even if you make much less than $1011. Unfortunately, I often tell Social Security clients that the only "safe" work is "no" work.

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