Social Security pays disability benefits to you and certain members of your family if you have worked long enough and have a medical condition that has prevented you from working or is expected to prevent you from working for at least 12 months or end in death.
SSI stands for Supplemental Security Income. Social Security administers this program and pays monthly benefits to people with limited income and resources who are disabled, blind, or age 65 or older. Blind or disabled children may also get SSI.
After a denial at reconsideration, a Georgia Claimant can expect to wait about 16-17 months. This is in addition to the time that the initial decision and reconsideration decision took to adjudicate.
When applying for disability benefits, a Claimant's chance of success at the initial stage is about 30%, at the reconsideration stage the success rate is about 10%, and at the hearing level, the overall approval rate is about 50%. Your chances are significantly improved if you can "stick with your case". These chances rise even higher with competent counsel such as the attorneys at O'Brien & Feiler, whose approval rates are significantly above the national average.
In many cases yes. In Georgia SSI comes bundled with Medicaid all the way back to the date of onset, and sometimes even further. With Disability, Medicare becomes an option two years after your first payment is received (29 months from onset). Some Medicare recipients can receive supplemental Medicaid (QMB) to help with the costs as well.
In the disability context, attorneys only get paid upon successful resolution of a claim (case costs may be extra). The fee cap dictated by Social Security is 25% of back benefits, not to exceed $6,000. This amount is witheld automatically and paid to your attorney directly.
A medical provider lien may be placed upon a CAUSE OF ACTION, NOT A PERSON where there is treatment provided to a person without health insurance and as the result of an incident where there is third party liability. A case cannot be properly settled without ensuring that the medical provider is paid, because that provider will have a right of action against the insurer (among other parties) if this occurs.
STEP 1 Assess lien appropriateness. Ask these questions 1. Is there liability? If yes, continue to question 2, if no, a lien is probably not appropriate. 2. Does the patient have health care insurance with a carrier with whom you participate? If no, continue to question 3, if yes, a lien is probably not appropriate. 3. Do you ever have trouble getting paid by Plaintiff's attorneys? If yes, continue to question 4, if no, a lien is probably not appropriate. 4. Do you want to be second in line to take settlement funds, get paid 100% of your charges from the deep pockets of an insurer, hold up a settlement if you are being ignored, and have a cause of action against a deep pocketed insurer if you are ignored in settlement? If yes, a lien could help you. STEP 2 Determine who may file a lien. Only a direct employee of the provider may file a lien, or their attorney. (see UPL Advisory Opinion No. 2004-1) STEP 3 Serve notice of the impending filing of the lien. Notice must be provided at least 15 days prior to filing the lien, and must be served upon the patient and any other involved parties where knowledge exists. Service must occur by either certified mail or statutory overnight mail, and must include statements that 1) a lien is about to be filed 2) the lien is NOT against the patient, their property or their assets, and 3) the lien is NOT evidence of failure to pay a debt. STEP 4 File the lien. Once the notice has been served and the appropriate timeframes have been observed, the lien may be filed. For hospitals the lien must be filed within 75 days of the date of discharge, and the lien must be filed with the Clerk of the Superior Court in: The County of Patient Residence The County where Hospital is located The Lien Must Include the following Verified Statements: Patient Name and Address on Record Name and Address of the Hospital Name and Address of the Hospital Operator Dates of Treatment Associated with the Lien The Outstanding Balance The Lien Must Arrive at the Clerk's Office with the appropriate fee. (usually $5-$7). STEP 5 Enforce the lien. Diligence is the key. Ensure that both the patient's attorney as well as the insurance carrier (which can be retrieved from police reports in many cases) are aware of your lien and your desire to enforce. Follow up with these parties regularly, and be impossible to ignore. Always remember that if your lien is ignored, you can sue the insurance company when the dust settles. STEP 6 Release the lien. File a lien release with each of the courts where the lien was recorded.
Statistically speaking, most liens resolve within 120 to 150 days after placement. This timeframe may grow considerably where there is complex underlying litigation, or where the injured party waits to pursue legal remedies. In Georgia there is a two year statute of limitations in which to bring legal action on a personal injury situation.
The shortest answer is that is forces the provider's balance to be recognized and negotiated at the settlement table. These recoveries typically occur on self-pay accounts, and for this reason, recoveries on lien accounts are typically much higher than when other self-pay recovery techniques are used.
Cost free eligibility is similar to a traditional eligibility effort with the exception of the fact that providers keep 100% of the reimbursement they receive from newly established coverage. Our group works with providers to identify and assist at-risk patients as soon as possible thus enabling Medicaid coverage and protecting balances with Medicaid application. We then filing a second application as needed and securing a Medicaid number by using Social Security Programs (SSI / Disability). This allows the retroactive billing of a patient balance.
Though a valid contractual relationship with the provider is required, the firm's ability to seek payment from Social Security back benefits is what makes this program unique.
Lloyd M. Feiler is a veteran legal practitioner with more than 40 years practicing in the State of Georgia. As a former employee of the Georgia Department of Medical Assistance, the State of Georgia's first Medicaid Administrative Hearing Officer, and a member of the team that developed Georgia's first Medicaid Eligibility Programs that helped patients while allowing hospitals to receive payment, he is truly an industry innovator. Lloyd founded his private practice more than 20 years ago with the belief that individuals and institutions need expert advice when navigating the complex world of Disability and Health Benefits. Lloyd earned his Bachelor's Degree in Accountancy from the University of Buffalo, and his Doctorate of Jurisprudence from Emory University where he also wrote for Law Review.
Thomas C. O'Brien has spent his entire career in health benefits. Prior to practicing law he worked in Finance and Network Development for some of the nation's largest health insurers, including Prudential, Aetna, and New York Life. His experience with health insurance allows him unique insight that lends itself well to the causes of the patients and providers he now represents. Thomas has represented hundreds and hundreds of Georgia patients before Social Security, and actively litigates on behalf of medical providers throughout the State of Georgia. Thomas earned his Bachelor's Degree in Finance and Business Economics from the University of Notre Dame, his Master of Business Administration in Finance from Fairleigh Dickinson University, and his Doctorate of Jurisprudence from Georgia State University. He is a VA accredited attorney, and is admitted for practice before the Court of Appeals for Veterans Claims.
Michael H. Kleinman graduated with honors from Emory University School of Law in 2015, where he was a Managing Editor and contributing author for the Emory International Law Review. He completed his third year of law school in a clinical field placement with Georgia Legal Services Program, where he worked on a wide range of regulatory matters including education discrimination and the distribution of federal grant funds. After graduating law school, Michael worked as a civil rights fellow, where he helped prepare cases involving free speech and Title VI of the Civil Rights Act. Michael joined O'Brien & Feiler as an attorney this year, and has quickly gained proficiency as an advocate for clients deserving of Social Security Disability benefits. Michael earned his Bachelors Degree in Philosophy from the University of Pennsylvania, and his Doctorate of Jurisprudence from Emory University School of Law.
O'Brien & Feiler serves clients in Georgia cities, such as Marietta, Atlanta, Conyers, Rome, Covington, Redan, Dalton, Gainesville, Lawrenceville, Buford, Suwanee, Avondale, Stone Mountain, Lithonia, Fort Bening, Columbus, Dobbins, McDonough, Macon, Augusta, Smyrna, Rome, Jasper, Gainesville, Ellijay, Blue Ridge, Blairsville, Norcross, Decatur, Lilburn, Covington, Morrow, Stockbridge, Kennesaw, Union City, Fairburn, Mableton, Doraville, Chamblee, Snellville, Cumming, Alpharetta, Sugar Hill, Johns Creek, Roswell, Sandy Springs, Dunwoody, Cartersville, Hiawassee, Woodstock, Canton, Alpharetta, Roswell, Vinings and others throughout Fulton County, DeKalb County, Cherokee County, Cobb County, Paulding County, Pickens County, Forsyth County, Hall County, Gilmer County, Fannin County, Union County, Clayton County, Rockdale County, Crisp County and Towns County.
Regional Nicknames: North Georgia, Georgia