How to Appeal a Social Security Disability Denial
Tuesday, April 19, 2011, 12:30 AM - Law - USA
If an individual applies for Social Security disability insurance and is denied there is an appeals process they can through in order for reconsideration of their application.

If an individual wishes to appeal the Social Security Administration’s decision regarding their application for disability insurance they can do so, however they must make their request in writing within 60 days from the date they received Social Security’s denial letter. The Social Security Administration assumes that the individual receives their letter five days after the date posted on the letter, unless an individual can show them they received it later. There are generally three or four levels of appeals; the first being reconsideration, second is a hearing by and administrative law judge, third is a review by appeals council and lastly is a federal court review. When the Social Security Administration sends an individual their letter about their decision on their claim they give them instructions on how to appeal the decision.

The first level of appeals is reconsideration. Reconsideration is a complete review of the individual’s application by someone who didn’t take place in the first decision. The individual at the Social Security Administration reviewing the application will look at any evidence submitted when the original application was sent in and also any new evidence. Most of reconsideration reviews are done without the individual present, however if the individual is appealing a decision that they are no longer eligible for disability insurance because their condition has improved, they can meet with a Social Security representative to explain to them why they believe they still have a disability.

The second level of appeals is a hearing by an administrative law judge. If an individual disagrees with the reconsideration decision, they may ask for a hearing. The administrative law judge conducting the hearing is one who had no part in the first decision or the reconsideration decision in the individual’s case. The hearing is held usually within 75 miles of the individual’s home, and the administrative judge notifies the individual of the time and place of the hearing. The individual and their representative (if they have one) may come to the hearing to explain their case to the judge in person; they may look at the information in their file and give any new information that they have. In order for the administrative law judge to make his/her decision they will question the individual and their witnesses they bring to the hearing. Other witnesses such as medical and vocational experts may also give the judge information at the hearing. The individual or representative then also may question the witnesses. It is usually to the individuals advantage if they attend their hearing, however if they chose not to do so they must notify the Social Security Administration in writing that they don’t want to attend. In some situations they hearing may be held as a video conference rather than in person. The individual will be notified ahead of time if this is the case. A video conference is often more convenient for the individual, it also is usually faster to schedule a video conference than an in-person hearing. Lastly the video conference may also make it closer to their home so it would make it easier for the individual to have witnesses and others accompany them. Unless the administrative law judge believes that the individual presence is needed to decide the case he or she will make their decision based on all the information in the individual’s case and that’s including any new information. Lastly when the administrative law judge has reached their decision the individual will be sent a letter and a copy of the administrative law judge’s decision.

The third level of appeal in denial of Social Security disability benefits is an appeals council. This level of appeal happens when the individual doesn’t agree with the hearing’s decision they make ask for a review by the Social Security’s Appeals Council. The Appeals Council looks at all requests for review, they can however deny a request if they believe that the decision of the hearing was correct. If the Appeals Council decides to review the individual’s case it will either decide the individuals case itself or it will return it to an administrative law judge for further review. If the Appeals Council denies the individuals request for a review they will send the individual a letter explaining the denial, if the Appeals Council makes a decision on the case the individual will be sent a copy of the Appeals Council’s decision, and lastly if the Appeals Council returns the case to an administrative law judge for further review the individual will receive a letter and a copy of the order for further review from the Appeals Council.

The last level of appeals is federal court. If the individual disagrees with the decision of the Appeals Council or the Appeals Council denied request for a review of their case, the individual may file a law suit in a federal district court. The letter that the Social Security Administration sends to the individual explaining about the Appeals Council’s action will also have information regarding how to ask a court to look at the individual’s case.

An individual may still be eligible to receive disability insurance while the Social Security Administration makes a decision on their appeal if, the individual is appealing a decision that they can no longer get Social Security disability benefits because their medical condition is not disabling or, if the individual is appealing the Social Security Administration’s decision that they are no longer eligible for SSI payments or that their SSI payments may be reduced or suspended. If the individual wishes to continue receiving benefits they must notify the Social Security Administration within ten days of receiving the administration’s letter. If the individuals appeal is turned down they might be required to pay back any money they were not eligible to receive.

An individual appealing a Social Security disability denial has the right to have a representative help them in their appeals process. The Social Security Administration offers free help with the appeals process however the individual may also opt to have a lawyer, a friend or someone else to help them. The Social Security Administration will work with the individuals representative in all the steps to appeal, the representative can act for the individual in most Social Security matters and will also receive copies of any decisions made about the individuals claim. The representative however cannot collect any fees from the individual without prior permission of the Social Security Administration. Rules about representation can be found on the Social Security Administration’s website. http://www.ssa.gov/pubs/10075.html

In order to contact the Social Security Administration for further information regarding a denial of disability insurance their website at ssa.gov is a very useful resource of information they also have a number of things the individual can do online. The individual can also contact the Social Security Administration directly by calling them at 1-800-772-1213.

By: Ashley Gurdon
This article as written by Ashley Gurdon, a Suffolk University student and intern for the employment lawyers at Goldstein and Clegg, LLC

Submitted by the Legal Blog

Don't Worry, Be Happy
Tuesday, April 19, 2011, 12:26 AM - Stress
A few years ago an (irritatingly) catchy little tune called Don't Worry, Be Happy by Bobby McFerrin was going the rounds. Once heard it took ages to get out of your head. But within that simple song lies a profound message; we spend way too much time worrying.

The thing about worrying is that no good ever comes of it. Worry dissipates your energies, diverting them from more constructive use. As we've got better at curing physical illness so it seems mental illnesses such as stress, depression, anxiety (essentially all aliases for worry) have expanded to fill the gap. And of course these conditions adversely affect physical health.

But even worse than that, worry is a form of thought. And as countless teachers have told thoughts are very powerful things. They tend to manifest themselves in reality. So by worrying, you actually serve to create the very thing you are worried about!

If something is bothering you all the worry in the world isn't going to help (and will most likely harm). Whatever it may be - money, work, relationships, kids, health, family... DO something about it. If the problem is money, start planning and budgeting a little better; if it's work, start checking the job ads or consider something more radical like self-employment or re-training; if it's health, eat healthy, exercise and follow the doctor's orders...

Sit quietly, take a few deep breaths, analyze what's wrong and what you can do about it. Don't be afraid to ask for help through prayer, or even from those you trust.

In most situations you'll have a choice of potential actions (including simply doing nothing and letting what will be just be). And for each, since we can't see the future, a range of possible outcomes - including the best, worst and most likely.

You'll now be empowered by knowledge. Decide what you're going to do. Then do it. And stop worrying, because you KNOW that you've done the best you could in the circumstances, and whatever happens you KNOW that you couldn't have done any better.

Today is the tomorrow you worried about yesterday

Think back to childhood. I'm pretty sure you worried then too. Perhaps you forgot to revise for a class test, or maybe you got dropped from the football team, or your best friend didn't want to let you in a game... At the time didn't it seem the biggest problem in the world, but looking back don't your childhood worries seem inconsequential? And that's how today's worries will seem when reviewed in the world of Spirit. So stop worrying and be happy.

By: J Finnis
Johnny Finnis is editor of selfhelpsanctum.com, helping you help yourself. Have your say on our blog A Spiritual Voice.

Submitted by Stress Management Tips And Information.

Toilet Problems - Our Favorite Topic
Tuesday, April 19, 2011, 12:22 AM - Home Improvement
When your home is on the market, the condition of your bathroom will make a real difference in how appealing the home is to the prospective buyer. Of course, there are a multitude of other factors involved in making your home the best it can be but don't forget about the bathroom.

Even if you are not planning to sell your home (at least in the near future) the condition of your bathroom will make a big difference in both the comfort and the safety of your home.

This brief article will focus on issues related to toilet problems, which are near the top of the list when it comes to maintenance in this area of the house. Let's start with the leaking toilet. Finding the source of the leak is the key in getting the problem fixed. Using a little food coloring in the tank is about the best way to trace the source of the leak. After putting in the food coloring, check the toilet bowl. If you find the water discolored by the coloring agent, your problem is a flapper valve that's not doing its job properly. You can try cleaning the sediment or chemical deposits off of the flapper valve, but these items are so inexpensive that a quick trip to the hardware store (taking the flapper valve with you to ensure a match) is probably your best bet. The valve is easy to replace and should stop the problem.

OK, the water in the tank is clean. Take a look at the area where the tank and the bowl are joined. If the colored water is leaking in this area, you will need to replace the seal that fits between these two sections of the toilet. This involves a little more work than replacing the flapper valve. The main job is removing the tank. First, shut off the valve that supplies water to the toilet. This valve is usually near the floor at the back of the toilet and should be relatively easy to turn off (turn it clockwise until you can't turn it any more). Second, bail out as much of the water from the tank as you can and remove the mechanical components inside the tank making sure you either remember or make a sketch of how to replace them. Third, unscrew the fitting that secures the tank to the toilet bowl and carefully lift the tank up and off the bowl. It's a good idea to put towels on the floor around the area to soak up any water that runs out of the tank. Finally, pry off the seal and take it to the hardware store to match up with a replacement seal. Reverse the process and your problem should be solved.

Hopefully you won't end up with colored water on the floor around the base of the toilet after each flush. If this is the case, the wax seal underneath the toilet is damaged and will have to be replaced. You can try to tighten the tank bolts that hold the toilet to the floor to see if this solves the problem. Sometimes these bolts work themselves loose (but not very often). One other possibility is that the toilet bowl and/or tank is cracked. A quick inspection should let you know if this is the case. If this is the problem, you will need to invest in a new toilet (try buying one that uses less water per flush).

Assuming that crack(s) aren't your problem, you will need to disassemble the toilet itself starting with the tank (see above). Next, you need to remove the bowl. Bail out the water in the bowl and remove the four bolts that secure the toilet to the floor. This is sometimes a daunting task because the bolts may be rusty. Use whatever methods necessary to get these bolts out or at least remove the bolt heads. Use pliers or a channel lock or pipe wrench to remove the threaded portion of the bolt. Don't worry about damaging the threads because you will be replacing the bolts anyway.

When removing the bowl, be very careful where you put your hands (use rubber gloves). Many toilets have jagged edges inside the bowl that will cut you quicker than a freshly sharpened knife. Lift off the bowl and pry out the wax seal at the top of the floor drain. Again, this is germ-laden and requires you to be careful not to introduce an infection through any cuts, etc. near or on your hands. Wax seals are pretty much standard in size and are usually available at just about any hardware store. If the bolts were damaged, take a sample with you to make sure you get the right size replacements.

Let's hope that the leaking that has reached the floor hasn't done damage to the underlayment or floor tiles. If it has, you've got a bigger job on your hands because these damaged areas need to be replaced or you're just in for a continuing headache. You can tell if the wood underlayment is damaged by its color and if it's soft or swollen. Please don't ignore the problem. Cut out the area and replace it. Damaged tiles can sometimes be difficult to match unless you have a small surplus on hand. Chances are that you won't be able to find any replacement tiles that match the existing floor. This being the case, considers a small rug that will fit around the base of the toilet and will hide the mis-matched tiles (unless you decide to replace the entire floor with new tiles).

With everything on hand, put the toilet assembly back in place, say a little prayer, and flush it several times.

Hopefully you will have solved the problem.

By: Chuck Lunsford
Chuck Lunsford is the content manager for LightnBreezy.com, a well-known source for home improvement ceiling fixtures. If you have more questions about other home repair topics visit us at plumbing repairs for the do-it-yourselfers.

Submitted by Home Improvement Tips And Information.

Aerobic Exercise - The Benefits You Don't Want To Miss
Tuesday, April 19, 2011, 12:17 AM - Exercise
Today’s complex world hands us stressors from all angles. Communication and transportation systems have "brought the world to our feet". Food that is not readily available in one area is shipped in from another. Processing plants invent new snacks to tempt our palettes. Our minds are required to work harder than our bodies in service-related rather than production-related jobs. It seems a daily competition keeping up with ideals set up for us by the media and society. These modern-day conveniences could be the death of us all, if we let them.

These conveniences should be the advantage they were meant to be. Truly, they can be as long as we remain in control rather than being controlled. Eustress is a term referring to the stressors which have a positive effect on our lives. There are three personality traits which have been identified with individuals who most often experience eustress which are commitment, control, and challenge. These people are committed to self, work family and other important values. They have control over their lives and have the ability to see change as a challenge to conquer.

It’s easy to be controlled, hide from challenge and lose commitment. What we all need is a weapon to win this battle of control over our bodies and our life. An aerobics program would prove a strong front line.

Heart attacks are more common now than ever before. This is strong evidence that stress is winning the battle over our bodies. Aerobics most important role is that of a builder of cardiovascular endurance. What better frontal attack can we ask for since maintaining an aerobics program will strengthen us against heart attacks?

Aerobic exercise is more than a frontal attack method; it’s great to "maintain the peace". Numerous studies have been done that show correlations between aerobic exercise and the positive effect of controlling anxiety. Discover another of aerobic exercises benefits: a lowered resting heart rate.

There are two reasons for this effect. First, being aerobically fit causes a slight increase in the size of the heart which in turn makes it stronger and more efficient. More blood, then, is pumped per beat which translates into the heart beating fewer times per minute. Secondly, when the resting heart rate decreases, it tends to stay down even under stressful conditions which otherwise may have elevated it. Maintaining the peace, keeping cool, aerobics can help us to gain some peace and control.

Building cardiovascular endurance and at the same time lowering heart rate can help us take control of our bodies and our lives. In fact, it’s easier to prevent something from happening then to cure it once it has happened. Some researchers feel, though that if one exercises at the end of a very stressful day, aerobic activity can help dissipate stress by removing the accumulated adrenal secretions from a tension-filled day. They maintain that exercise acts nature’s waste removal process and helps the body return to a more relaxed, balanced state. Aerobic exercise in this sense relaxes us even after we have fought the battle.

Stressors never rest. If this is true, than our battle for control is a never-ending one. Aerobic exercise should then be our companion for life. Truly it is something that should be ingrained in us from early childhood, just as brushing our teeth. It certainly could make the difference between life and death.

By: Marie Gervacio
Marie Gervacio is a Renaissance woman. Webmistress, artist, writer, entrepreneur and success coach. Her first site http://www.shineyourstar.com/ has been online since 2003. Find more articles and resources at mariegervacio.com.

Submitted by Exercise Tips And Information.

Dendrobium Orchid Care
Tuesday, April 19, 2011, 12:12 AM - Gardening
Dendrobium orchid care is no more involved than caring for any other species of orchid. They are a common choice to use as cut flowers because they have a very beautiful and distinctive color and a very string stem. Making the a little Dendrobium orchid perfect for occasions like weddings or a good romantic gift.

But enough with all the waffle, you want to learn how to take care of Dendrobium orchids right? Well, you can't fail with the following tips:

Lighting

These particular orchids love light, and it is important so that they can maintain healthy growth. Provide Bright light, to 50 percent sun. In the home, an east, west or lightly shaded south window. In a greenhouse, about 30 to 50 percent of full sun. Under lights, four 40 watt incandescent bulbs directly over plants. Plants should be naturally erect, without need of (much) stalking, and of a medium olive-green color.

Temperature

The temperature for your Dendrobium orchid care is important as well. Temperature is directly proportional to the amount of light so both should be looked at carefully. As a guide temperature below 50F and above 90F are not a good idea. Ideally there will be a difference of about 10 degrees between night and day.

Watering

Keep evenly moist while in active growth. Allow to dry between waterings after growth is mature (indicated by terminal leaf). The trick is to keep in wet, but not too wet. For adivce on how to do this visit the site mentioned at the end of this article

Humidity

Dendrobiums need 50 to 60 percent. In the home, place on trays over moistened pebbles. In greenhouse, use a humidifier if conditions are too dry. Humidity trays can be purchased from gardening stores but its much better and cheaper to just make your own.

Potting

Should be done every two to three years before mix loses consistency (breaks down). Pot firmly in medium, giving aeration and ample drainage, allowing enough room for two years' growth. Dendrobiums grow best in pots small for the size of the plant. For the best Dendrobium orchid care though, don't repot unnecessarily as this will do more harm than good.

By: Jeremy Sleigh
There is much more to learn about Dendrobium orchid care and this article is just the beginning. There are factors such as fertilizer, humidity and general orchid care to be considered. To discover all the secrets about caring for you Dendrobium orchids just click here.

Submitted by Gardening Tips And Information.

Joke - Room Change
Tuesday, April 19, 2011, 12:08 AM - Jokes
After a heavy night of drinking at the bar, a drunken man decides to sleep off his drunkenness at a local hotel. He approaches the reception desk, takes care of the formalities and heads off to his suite.

Several minutes later, the drunk staggers back to the reception desk and demands his room be changed.

"But sir," said the clerk, "you have the best room in the hotel."

"I insist on another room!!!" said the drunk.

"Very good, sir. I'll change you from 502 to 525. Would you mind telling me why you don't like 502?" asked the clerk.

"Well, for one thing," said the drunk, "it's on fire."

Submitted by Bar Jokes Humor And Satire.


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