Blog | Law Offices John J. Borsos

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How Long Does It Take to Get Benefits?

December 29, 2014/in Uncategorized /by John Borsos Staff

I recently spoke with a prospective client, who wanted to initiate a claim for Social Security disability benefits. Up until a couple of months ago she was working full time and making good money. However, it was very difficult for her, because of her physical conditions. Finally, her employer started cutting back her hours, because she couldn’t do all of the parts of her job any more, which required significant lifting. Her job was ultimately terminated. Since then, she has tried to find other jobs, but can’t find anything that she is capable of doing, so she called us to see about applying for disability benefits from Social Security.

Unfortunately, she thought this was going to be a quick answer to her problems, until I had to explain to her the timeline she is looking at to obtain benefits if she is ultimately found to be qualified. Here is what I told her:

It is a very long process to get on Social Security disability benefits. The first step is to initiate an application. It takes approximately six months to get an initial decision from Social Security, and that is almost always a denial. Then it is necessary to request a Reconsideration, after which it is necessary to wait another 4-6 months to get a new decision, which is also usually a denial. A couple of years ago, we took on a new client after he had received his second denial. He was paralysed from the neck down and couldn’t even talk, and yet he had been denied twice.

After the second denial, we request a hearing before an Administrative Law Judge. Unfortunately, because everyone has to go see a Judge, they are really backed up. Here in Utah it is currently taking 16-18 months to get a hearing from the time it is requested. In Idaho and other surrounding states, the wait is generally between 12-14 months. Therefore, the timeline from an initial application to the hearing, where the real decisions are generally made, is between two and two and a half years. Unfortunately, this was not going to be a short-term fix for my prospective client. However, as I explained to her, her conditions were not going away, so she might as well get the process started.

Because the process is so long and complicated, many people opt to hire an attorney early on to help with their claim. That way, we can be sure that the appeals are done in a timely manner and that the case does not “fall through a crack” at Social Security, which frequently happens. The cost to the client is the same, whether we come on to the case early or late. Our rates are set by Social Security, so we get 25% of the back pay, or $6,000, whichever is less, only if we win the case. Otherwise, there is no charge to the client.

Give us a call. We will be happy to discuss your case with you, and see if we can help.

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Free 2015 Day Planners

December 10, 2014/in Uncategorized /by John Borsos Staff

By Shayna Brinkerhoff

Right now we are giving out FREE 2015 day planners to everyone who comes in to our office. These are not flimsy cheap planners; our planners are leather-bound and pocket sized. Come in and get one while we still have them. They are a hot item and are going fast this year.

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PUEDO REGRESAR A TRABAJAR CUANDO ESTOY RECIBIENDO BENEFICIOS POR INCAPACIDAD DEL SEGURO SOCIAL

December 3, 2014/in Uncategorized /by John Borsos Staff

By Miriam Bravo

Si, usted puede retornar a trabajar mientras recibe beneficios por incapacidad.

El Seguro Social cuenta con reglas que lo ayudan a regresar a trabajar sin poner en riesgo los beneficios mensuales que este recibiendo. Es posible que usted pueda tener un periodo de prueba de trabajo por nueve meses para ver si puede o no volver a trabajar.

Si usted recibe beneficios por incapacidad y su condicion mejora or si regresa a trabajar, tiene que reportarlo al Seguro Social llamando al numero 1-800-772-1213 o puede contactar la oficina del Seguro Social mas cercana a usted.

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We do Medicare Advantage Plans

November 26, 2014/in Uncategorized /by John Borsos Staff

By Jana Kelsch

The annual enrollment period to select a Medicare Advantage plan is now upon us. Every year Medicare recipients have the opportunity to take a look at how their medicare advantage plan has served them over the past year and to compare with other plans to see if another selection for the upcoming year will better serve them. The annual enrollment period is between October 15th and December 7th.

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SSA Costs Too Much

November 19, 2014/in Social Security /by John Borsos Staff

by John Borsos

Social Security has declared that the cost-of-living increase for 2015 will be 1.7%. During the last few years, I have heard the media criticize the Social Security program for running out of money because the benefits paid to retirees is too high They argue that we must eliminate or reduce benefits “because we will run out of money.” They ask how can we keep affording this costly program?”

Well, the truth is that the “crisis” is in the eye of the beholder. We luckily live in the United States and can now afford whatever we want to afford. For instance, Social Security’s fiscal year (FY) 2013 Agency Financial Report (AFR) shows that over 66 million Americans received almost $855 billion in Social Security benefits with the average retiree earning nearly $1,300 per month and the average disabled person earning nearly $1,150.

How much was this $855 million cost was paid by the income tax payers? ZERO!

The tax was fully paid by the collections from FICA and recoupment from taxes on “retirees” benefits. According to IRS, the total employment taxes collected were $898, and the surplus, after paying for administrative and other costs, was credited to the $2.7 trillion “NET POSITION” (i.e. the government’s accounting fund designated to pay future benefits).

Now, these numbers may be a bit simplified and sound too rosy in light of the projections of people living longer and having more expensive costs in the future. But let’s look at the big picture of what we choose to spend money on. In 2013, the USA collected nearly 3000 times more in total taxes than we would have paid out in Social Security benefits. That means that for every $10,000 in taxes we collected; – even if we never collected one dollar of FICA – we could have paid $3.50 back in Social Security benefits to the people who had previously paid in FICA taxes. Of course, applying that amount to millions of people means billions of dollars. But such a challenge is not insurmountable. It is still our government. It can choose which wars, social programs, foreign aid, highways or low-cost medical care that they believe will give us the best life. Our leaders can spend the tax money any way that they want, so they could choose, if they wanted, to pay more monies to American citizens.

For example, in 2013 the State Department requested 56 trillion dollars to send overseas. That amount is nearly 60 times what we paid to Americans. Another example is the Iraq war that has cost nearly 2 trillion dollars (and projected to cost 6 trillion over the next 40 years). That amount is about a fifth of what Social Security costs (without reimbursement from FICA taxes or trust fund).

Social Security is not a generous program (in part I would argue, because it is an insurance program). President Bush noted the poor return of investing in Treasury bonds and proposed how we could invest with a stockbroker and get a better return. But Social Security was a security program not an investment program. People were free to invest in 401k or real estate. Social security only pays and average of – if the – however, since there was always a surplus — Social Security cost nothing.

And these amounts are modest as revealed by the new 1.7% increased amounts to be received next year. The average disabled worker gets a monthly amount of $1150 and the average retiree $1300. Despite these poverty-level amounts, over half the married couples and three quarter of single individuals report that this is over 50% of their total retirement income.

Finally, we could balance the Social Security system by taxing more. In 2013 the people earning over $113,700 didn’t pay FICA taxes. If the total earnings of part of these 13.7 million taxpayers were taxed, the Social Security system would be solvent for many, many years. If the current rate of 6.2 was raised 1% for employers and employees, the system would be solvent indefinitely.

When people say they want to cut Social Security programs because they cost too much, they are saying they don’t value Social Security as much as various other government projects.

The Law Office of John J Borsos, P.C. has been providing assertive and compassionate representation in Utah and Southern Idaho for more than 34 years

John J. Borsos has been providing assertive and compassionate representation in Utah and Southern Idaho for more than 34 years

Sources
2013 tax collections: http://www.irs.gov/uac/SOI-Tax-Stats-Tax-Stats-at-a-Glance
2013 Social Security: http://www.ssa.gov/finance/2013/Full%20FY%202013%20AFR.pdf
2013 Foreign aid: http://www.state.gov/documents/organization/185016.pdf
2013 Top 10% : http://www.kiplinger.com/tool/taxes/T055-S001-your-tax-burden-calculator/index.php#zwtAo2rKFxA2l4pz.99

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EAJA Fees and Federal Court

November 14, 2014/in Social Security /by John Borsos Staff

5 U.S. Code § 504

An agency that conducts an adversary adjudication shall award, to a prevailing party other than the United States, fees and other expenses incurred by that party in connection with that proceeding, unless the adjudicative officer of the agency finds that the position of the agency was substantially justified or that special circumstances make an award unjust. Whether or not the position of the agency was substantially justified shall be determined on the basis of the administrative record, as a whole, which is made in the adversary adjudication for which fees and other expenses are sought.

Basically EAJA fees are awarded to parties that have won their case against the United States Government, unless they can prove that the original decision was substantially justified.

It’s a sad state of affairs when we have to sue our own government for benefits that we are entitled to. No one chooses to be disabled. I talk with clients daily that wish they could go back to work, but that’s just not in the cards for them. After working their whole lives and paying into Social Security people are often shocked at how difficult it can be to get on benefits. They had no problem taking the money out of your checks but now that you need it you’ve got an uphill battle on your hands. If you are denied by the ALJ, and the appeals council, your only option is then to file an appeal with the Federal Court. As with all things that deal with court it becomes more expensive and time consuming. This is why EAJA fees are so important. The attorney can collect their fees for appealing in federal court from the government rather than you.

Stacy has worked for Mr. Borsos since 2007. She handles all cases at the initial levels and again at Federal Court.

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Health Fair

July 18, 2014/in Uncategorized /by John Borsos Staff

By: Jana Kelsch.

I am relating our experiences during our first ever KUTV Channel 2 Health Fair. Fairs are always such fun. Tons of freebies, give-aways, munchies, people. The energy is exhilarating. However, through all that fun, the objective of every booth there is to grow their business. Fairs are just a fun way of doing it.
We created banners and produced brochures. My husband made a spinning wheel for our prize give aways. Somehow just walking up to a booth to obtain a freeby is less fun than spinning for about the same thing. Now we just needed the volume of people to make all this fun happen.
One by one, they came. To our chagrin, however, they seemed disinterested. “Hey, do you want to spin the wheel?” Their eyes brightened, “oh?” they ask. “Sure!” they say. And we’re off and running, until the thrill of the wheel is over. Next.
At this fair, you could get your blood pressure and blood glucose checked, check your body fat count, purchase the Magic Massage, schedule a dinner to be cooked, and cleaned by Professional Platinum Cooking Systems, you could even start thinking of your very own funeral plans. There were speakers, dancers, and a cooking station.
We had fun sharing our office’s mission with the visitors. Was the Fair a financial gain, or simply money spent on a good time? One of the many components of answering has to be what gains did we actually make? We’ve come to the conclusion, that we were able to learn more about others’ needs, and heard from past clients whom we hadn’t seen in years who just happened to be visiting the Fair. What we learned is this, what a difference Social Security disability benefits have made in so many peoples’ lives. We realized we are in the right business.
See you at our next fair.

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How Do I Show That I Am Disabled?

June 6, 2014/in Social Security /by John Borsos Staff

by: Cindy Olson

The most important thing you can do to help in winning your disability claim is very simple: Go to your doctor and do what he or she says! This seems like a simple idea, but many people do not do it for one reason or another. However, it is vitally important that you have medical evidence of your disabilities, or there is no possibility of winning your case. It doesn’t matter how much you hurt or how sick you are, if you are not seeing a medical provider on a regular basis, you will not win disability benefits!
Seeing a doctor on a regular basis helps you in many ways. First of all, it gives you your best chance of getting better. It also documents the conditions that keep you from working. If nothing else, it shows Social Security that you are doing everything in your power to get better, and that you would be working if you could.
Sometimes it is difficult to see a doctor on a regular basis because you have no insurance. However, there are many doctors who will see patients on a sliding fee basis, depending on your income level, and some will even treat you for free. The Midtown Clinics in Davis and Weber Counties will treat you on a sliding scale. The Maliheh Clinic and the * clinic in Salt Lake County treat people for free, as does the Fourth Street Clinic. Many IHC hospitals and clinics have patient assistance programs to help you obtain the treatment you need. Check with the doctors in your area, to see if they would be willing to help you, or refer you to another clinic which specializes in helping people with low incomes.
It is very important that you do all in your power to get better, even if it seems impossible that you will be able to get back to work, so we can show Social Security that you really are disabled, and have a better chance of winning your case.

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Frequently Asked Questions

May 19, 2014/in Uncategorized /by John Borsos Staff

Q: What kinds of things can you do?

A: Mr. Borsos practices Social Security disability law, does estate planning and helps people with Medicare supplemental insurance plans.

Q: How long does it take to get on Social Security disability?

A: From start to finish it is about two years, though it can be shorter or longer.

Q: How do you get paid?

A: For Social Security disability, we only get paid when we win. Since the process takes a long time to get benefits, they will usually owe the client for the months they have been waiting. We get 25% of that money or $6,000 whichever is less.

Q: How much do you charge for wills/trusts?

A: If you just want one or the other they start at $400. If you want both and are single it is about $600. If it is for a couple, it is about $800. The will/trust combination package includes: Will, Trust, Medical Living Will, Medical Power of Attorney, General Power of Attorney, and Memorandum of Disposition.

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Periodo Probatorio de Trabajo

May 19, 2014/in Uncategorized /by admin

Las Personas que se encuentran incapacitadas y quieren intentar trabajar pueden hacerlo; para ello la Seguridad Social ha creado el Periodo probatorio de trabajo.

Este periodo probatorio llamado en ingles “The trial Work Period” es de 9 meses. En este tiempo la persona incapacitada puede trabajar sin perder el beneficio o ingreso mensual de parte de la Seguridad Social.

Los 9 meses probatorios no necesariamente tienen que ser consecutivos, estos pueden ser intervalos dentro de un periodo de 5 años. Por otro lado durante este periodo probatorio el ingreso mensual no tiene limites.

Recuerde que si Usted trabaja durante el periodo probatorio debe de informar a la Seguridad Social de los ingresos mensuales que reciba.

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