Skip to main content

BINDER & BINDER BANKRUPTCY: WHAT IT TELLS YOU

On December 18, 2014 the nation's largest Social Security disability firm, Bender and Bender, filed Chapter 11 bankruptcy in the southern District of New York court.  The firm declared debts of between 40 and 50 million dollars, in spite of the fact that it reportedly collected $88 million in fees last year.

The Binder and Binder bankruptcy is telltale, pointing to the new direction in Social Security disability representation.  Here is our take:
  • It is no longer possible to sell a one-size-fits-all program for disabled Americans seeking disability benefits. 
  •  It is much more difficult to get an award for Social Security disability benefits than it was a few years ago.  These cases are now hard fought and only the strong survive.  There is no easy payday.
  • Representatives are waiting longer than ever to get paid for the cases they win; we have to be selective about the cases we take.
Because of the difficulty in collecting benefits, relatively fewer people are filing claims.  (This is one of the intended benefits of the administration's push back on the large number of disability applications in the last year).

There remains a place for advocates or representatives who want to serve their clients in a personal, hard working manner.  These advocates are going to have to get to know their clients as individuals, develop their cases with a sense of real caring about the total needs of the client and work harder than before.  Advocates who are not willing to do that will probably be looking for another job.  Times, they are a-changing!  That may not be a bad thing.

Comments

Post a Comment

Popular posts from this blog

COMPLETING THE FUNCTION REPORT FOR SOCIAL SECURITY

Social Security analyzes a new claimant's ability to perform certain activities.  This helps them to decide whether the claimant is disabled according to their rules.  They use a form called "Function Report - Form SSA-3373-BK" or one very much like it.  Be careful how you answer the questions on this form.  Strive to be accurate but also descriptive.  Try to give a real picture of how your pain or other symptoms limit your daily activities--such as shopping, driving, doing housework, socializing, etc. Here are just a few of the questions on the Function Report, as samples of the type of information being collected from each applicant who files a new claim for benefits: Do you take care of anyone else such as a wife/husband, children, parents, friend, other?  ( If you do, and do not show that you have significant problems in doing so, Social Security may judge that you are quite able to perform other activity, like working). How often do you prepare food or meals? 
5 comments
Read more

JUDGE JUDY TIRADES ABOUT SOCIAL SECURITY

Judge Judy Sheindlin has added her two cents worth to the controversy about Social Security.  Judge Judy appeared on a Fox News program hosted by Megan Kelly and said she was tired of people getting Social Security disability because they were "alcoholics and drug addicts," adding to the popular myth that SSDI is "going broke" because of dead beat drug users who refuse to work.  Fox News did nothing to set the record straight. The truth is that by law individuals cannot qualify for SSI or SSDI benefits based on either alcohol or drug addiction/abuse. In 1996, Congress passed Public Law ( P.L. ) 104-121—which terminated benefits for Supplemental Security Income ( SSI ) and Disability Insurance ( DI ) beneficiaries whose primary impairment was drug addiction, alcoholism, or both. As a result of the 1996 legislation, those individuals became ineligible for benefits, effective January 1, 1997. Social Security will currently not award benefits to persons becau
Post a Comment
Read more

TAKE A HARD LOOK AT SOCIAL SECURITY BEFORE YOU FILE!

Considering a Social Security disability claim?  Take a hard look at it before deciding. If you have a choice, you probably don't need to apply. Some things to consider: 1.  It will probably not be an easy or short process.  It will take about 4 months to get your initial decision and 70% of those are denials.  If you must appeal, expect a wait time of an additional 18 months after you file the appeal.  So, you may be looking at 2 years or more in many cases. 2.  You will need good medical evidence.  If you have little or no evidence from a doctor, it isn't likely you will ever be approved. 3.  You cannot apply for SSDI while you are working and earning at least $1,170 a month.  This work will disqualify you.  Many people don't realize they will have to stop working to apply for SSDI.  That's why we say, "If you have a choice, you probably don't need to apply."  If working is an option, it's the best option. 4.  The average SSDI benefit is arou
4 comments
Read more