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June 29, 2023 • 19 mins
In this episode, Eric interviews attorney Javier Colon from Montgomery Advocates. Because every person has their own story to tell and their own claim to make, Montgomery Disability Advocates guides the client in recognizing what their claim is and prepares them to make their best case. Not everyone is aware of their limitations or the adjustments they have made to manage them. Some people aware of their functional limitations might not know how to describe their difficulties. We provide an objective assessment and use our experience to prepare your record to make sure that it is complete. If you can tell your story, you increase your chances of approval.

https://montgomerydisability.com/

200 N. Adams St., Rockville, MD 20850
info@montgomerydisability.com
240-751-0051
301-838-3493
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Episode Transcript

Available transcripts are automatically generated. Complete accuracy is not guaranteed.
(00:05):
Hey, how are you here.Welcome to the show, good afternoon,
happy to be here. Well,before we get started, you are a
new member of the Chamber of theRockville Chamber of Commerce. Yes, I
am welcome to the Chamber as well. Thank you. Chamber does important things
for the community and I'm very honoredto be part of it as well.
Absolutely, we're always happy to havegreat professionals providing great services to the community.

(00:30):
And that's what we're going to talkabout today is something a lot of
people don't think about until they havethey actually have to react to it.
Right, people do become reactive,and it's when you're reactive when things catch
you off guard. Then it's evenharder. Just compounds whatever the problems are.
So let's talk about this because morepeople have disability issues than we are

(00:54):
aware out there, and there's alot of benefits that we may be eligible
or make ourselves ineligible for it.Right, So we're gonna talk about five
points to Social Security disability applications becauseat Montgomery Disability Advocates, that's what you
guys do, right, Just giveus a quick synopsis of what you guys
do over there. Yes, absolutely, I don't know about the quick synapsis.

(01:15):
I'll give a little context first.So here in Maryland we're talking about
the last census statistics was eleven pointthree percent of the population has disabilities.
I think that that number is slightlybigger, but should still remain under a
fifteen percent of the population. Sohopefully not anybody would actually need a disability

(01:38):
attorney. But for that fifteen percentof the population, eleven percent of the
population, we're here to help.So we do the applications for Social Security
disability benefits. That is the coreof our function. Is the application complicated.
What's complicated is not so much theapplication. What makes the thing complicated

(02:00):
is what people's lives, what peopleare going through at that moment. So
the disability, the application for disabilitybenefits a person, any person. You
don't know if you're one of thoseeleven percent or not, and you won't
know until something unfortunate happens. Andby then is when you become reactive.
As you were saying earlier on,So when you do become disabled, it

(02:22):
comes at you all of a sudden. You've been enjoying your whole life,
You've been doing everything normally, andthen all of a sudden, something medical
happens to you. So when somethingthat's a huge stress or your whole life
is changing, all of a sudden, you can't walk, or you can't
hold your play, or you can'tsee, something happens to you. So

(02:43):
while you're dealing with this new thing, this new medical thing that is limiting
you, this new disability, thenthink of how am I going to be
filling up paperwork? It makes ita little bit hard to think of the
paperwork. But the big thing iswhen this disability happens. Things when it
rains, sometimes it's storms and thethunder might come hard. You lost your

(03:08):
ability to walk, you lost yourability to use your hands, You lose
your job. So not only doyou have your medical thing, now you
have the medical bills piling up.And at the same time you no longer
have a job to be able topay for the medical bills that are piling
up that you didn't used to have. So all these things really put people

(03:30):
in a extremely precarious position. Sonormally the application can be done by pretty
much anybody. It's not designed tobe difficult, it's designed to be easy,
But the circumstances people find themselves aredifficult. Circumstances. So having somebody
who already knows the process, whichis where we come in, really really

(03:53):
is a life saver, lifeboat,a brush of fresh air for people.
And I guess there's two points beforewe go on that I want to bring
up. Is one that we arein an aging population, especially Montgomery County,
So not that disability is only forthe aging, but you're more prone

(04:15):
to being disabled. So if we'renot directly affected by it ourselves, we
know somebody who is a family memberor something like that and can use your
help. Secondly, is that theydon't actually pay you. The government pays
you, right, the money technicallycomes from the person, but I never
actually give a bill to the person. So these are cases that they go

(04:36):
through the Social Security courts. Theymight go to federal court as well.
I do not build the person atthe beginning. It's after the case has
finished the person has won the case. If the person, if I don't
win the case for the person,I don't charge at all. But of
the money that has been accumulated thepast two benefits the retroactive that the person

(05:00):
from Social Security, My fees comefrom that part. So it's technically the
person's money. But when Social Securitygives the money to them, they withhold
from their paycheck my fees and payme directly the paycheck, so they don't
feel it coming out of People don'tfeel the money coming out of their pockets.
It's not an initial investment that theydo. It's a payment that they

(05:23):
do only if it's successful. Andwhen it is successful, they don't feel
the pain because the money doesn't comeout of their bank accounts. It just
reduces. It's their money, butit's paid the benefits reduced from their benefits.
So I can come if I havea disability situation, I can come

(05:44):
talk to the Montgomery Disability Advocates andleave my wallet at home. Absolutely absolutely,
all right, that's where I wantedto go with that. So let's
talk about the five points of theSocial Security application. First of all,
what is disability as per the SoccureAdministration? Yes, so the Social Security
Administration does have a very specific,detailed definition, and different institutions might vary

(06:10):
their definitions a little, but peopleunderstand intuitively by seeing it what a disability
is. The definitions don't change allthat much. First of all, you
need there to be a medical condition. If there isn't an underlying medical condition.
There isn't a disability. But eventhough we're talking about medical conditions,

(06:33):
it is not just about what conditionyou have. All conditions are treated equally.
It's what the condition does to you. So a disability is when a
medical condition doesn't allow you to work. If children get a disability, well

(06:55):
children normally don't work anyways. Sohow do we know if it will measure?
What are the functions? I'll getinto a little bit of the technical
terms that we need to use.It's the functions the abilities that a person
has. If a person can walk, a person can't walk, A person

(07:15):
can walk ten miles, a personcan walk only five miles. A person
can only walk one block. Aperson can only walk ten meters, a
person can only walk from one sideof the house or another. So there's
different degrees of function, and thathappens with all the body systems, all
the medical systems. The body workswithin ranges. A normal person usually can

(07:41):
walk so far. So a disabilityis when a medical condition doesn't allow you
to perform that normal function. Thinkof it like blood sugar or high blood
pressure. There's ranges. If you'reabove that range, you have a condition.
If you're below, if your bloodsugar drops, you have a different

(08:03):
condition. There's a range that isnormal and that is normal healthy person.
If you're outside, you have acondition. Now, the tricky thing for
the disability, that condition does notallow you to produce money. That's the
core of the definition is you havesomething that you are no longer able to

(08:28):
what to work. And by workdoes not sound like medical at all,
because it's not work. Is whatwe all do. We get up Monday
mornings, we work through during theweek eight hours, Tuesday, eight hours,
Wednesday eight hours, Thursday, Fridayeight hours for a total of forty
hours a week, and we getpaid for the work we do. So

(08:50):
if a person can no longer dothat, a person because of the medical
conditions, can work two days aweek, can work three days a week,
but can't complete forty hours a week. That person can no longer complete
forty hours a week, that personcan no longer produce a normal income.
If that's because of the medical conditions, that is a disability. Gotcha.

(09:13):
So you know it's funny because I'mlooking through my notes here and questions I
have and the five points, andyou actually answer three of them already,
right, yeah, so everything's connected. Yeah yeah. One of them is
you know what is disability? Right? How different? And the second one
is how difficult it is the applicationor vice versa. And the third one

(09:37):
was about the different underlying conditions andwhat makes one condition a disability versus another.
And you mentioned diabetes for example.You know a diabetic who can work,
you know it's not disabled. Adibetic who can't work is disabled.
So very good. So we gotthree down. So here's the next two.
Let's talk about And I don't knowwhich way you want to goes.

(10:00):
I mentioned them finances and getting denied. Which one do you want to tack
first? I think the what's mostimportant for people people's interest is how to
go through the process. It isimportant to to think about the finances because

(10:22):
that is what we're dealing with.Where Social Security Disability benefits is an insurance
program. I guess I hadn't takingthat question first. So Social Security the
agency is a government agency, butSocial Security Disability Insurance is a insurance program.

(10:43):
It's like if it were a privateinsurance, only that it's run by
the government. And by saying it'sa private insurance It's like you might have
insurance for fixing your car in caseof accidents, or you might have insurance
for your home in case of fires. You pay for the insurance. You

(11:05):
might have a fire, you mightnot have a fire. You only get
paid back if the event occurs.So this insurance. Disability insurance is an
insurance that protects you if you losethe ability to make an income. So
it's a loss of income insurance,loss of income insurance due to a medical
reason. Social Security administration the governmentalso has a different fund that gets paid

(11:33):
from the federal fund. It getssupplied by taxes. It doesn't get paid
by the people themselves when they work. But it's something else that gets paid
that is supplemental Security income. That'sincome based. That's welfare generally. More
properly speaking, if people are oflow income, they can request the government,

(11:54):
please I don't have money to liveoff and I can't make money because
of a disability, please provide mesome subsistence. That's supplemental Security income SSI.
But social Security disability insurance is aninsurance paid by people. So you
you pay into the insurance, soif something were to happen to you,

(12:16):
you get to get money back outof the insurance. There are also private
insurances that build on that that youmight have. Social Security being a first
tier, will cover about forty percentof your lost income, and if you
have an additional private insurance that mightcover the from that forty percent up to

(12:37):
seventy or eighty five, depending onwhat you have paid for. And these
also operate the same way. Theyhave the same concepts. You have to
apply for whatever you've been paying into, you apply to have that coverage.
The main point there is you've paidpeople have paid for the insurance. If

(13:00):
you need it, use it.It's not a gift that the government gives
you. It's not you abusing thesystem. Is you paid for an insurance,
you need it, request the money, and that way you can get
your part of your income reinstated.That part, as I said before,
is about so it's not your wholeincome, but it's certainly something. And

(13:26):
with it also comes the medical coverage, the medical plan Medicare, so that
then also helps make sure that youhave medical insurance so that you can continue
going to to your doctors and pains. Tackle the getting denied part right,
How before you tell me that part? Do they Are they the type of

(13:48):
institution that denies you first and thenmakes you reapply or is it insurance insurance
companies. It's insure companies are notoriousfor that. Those private insurances. Make
sure you have social Security first.You can apply for them separately. But

(14:09):
if social Security approves, those otherprivate insurance generally to approve. It's harder
to appeal the private insurances. Somake sure you have the social Security one
first and that will help you takecare of the others. Going to Social
Security, you get one chance toapply without getting there are exceptions. Think

(14:33):
of it as one chance to applyyou don't. It's not a matter of
them denying and then try again.No. Frequently, a large percentage of
the cases do get denied. Idon't have the statistics in front of me,
but a larger percentage do get denied. So you do appeal. That's

(14:56):
not applying again. That is youapplied, they deny it. Do remember
to appeal, don't let the timepass. Appeal it you get denied again.
It's not apply again, it's appealthat denial. You only get for
practical purposes. You get one application, but that application, if it gets

(15:18):
denied, you get to appeal itthree times, So you do get three
turns to the bat, you're gonnamake it the first time. You get
a second turn to that third strike, you're out. When people do get
denied the first time, usually speakingthe second time also gets denied, so
that statistically only about fourteen percent getapproved on that second level. But then

(15:46):
at the third level is the levelthat everybody that's everybody's last chance. That's
where you definitely have to have yourrecord complete. That's where you sit in
front of a judge. The judgeasks you questions. There might there might
not be a doctor present that hearing. That is the formal hearing, court
like style hearing where all the evidencehas to go in, all the medical

(16:10):
record has to go in. Iwould recommend to definitely have an attorney with
you present during that hearing. Iwould recommend that you take me as your
attorney present during that hearing. Butduring that hearing, that is your last
chance. And plenty of times peopledo get approved at that level. So

(16:30):
your question was, is this thetype of thing where you have to you
will get denied first and then wellapply again or appeal. Now, there
are plenty of people who get approvedon the first go. So definitely do
apply. But if you do getdenied, don't let that discourage you.
You still can try. You canstill appeal and have two more turns.

(16:52):
That bad. And I'll tell youand thank you for answering that that way,
because I think for me, whatI see and what your service is
attractive is that it sounds a monotonousone, right that whole I got denied,
gotta go to the second time,third time, god knows how many
times. And at the same timeI'm dealing with all these other problems,

(17:12):
Like you said, you know,I'd rather have somebody's who does this from
many, many, many other peoplekeep their eye on the ball while I
go through my situation. And bythe way, you said, and I
failed to mention you are an attorney, you're uh. And we won't hold
the fact that you're a Princeton attorney, right, you're not. I my

(17:34):
yes, I won't. Degree isfrom Princeton, not the law degree.
Not the law degree. The lawdegree. Princeton does not have a law
school. I am a Princeton alumni. Where'd you go to law school?
I went to law school in PuertoRico. All right, so you speak
Spanish. I do my services inEnglish and Spanish. I have been doing

(17:56):
this for the federal government and Igot it's the federal government now fifteen years
in English and then as well inSpanish. Dealing with the Spanish speaking community.
People who don't speak English, that'speople who speak Spanish, I should
say, and soon to come Chineseas well Mandarin. Definitely something where you
know that Montgomery County community is verydiverse. It's a wonderful community and we're

(18:21):
always happy to have new members tothe chamber come in and offer their services
for there. Can you give usyour information how we can get a hold
of you. Yes, The webpage is Montgomery Disability dot com. That's
also the email info at Montgomery Disabilitydot com. That is might be the

(18:41):
easiest way for people to reach me. My phone number two four zero seven
five one zero zero five one.Again that's two four zero seven five one
zero zero five one. And Iwill be happy to schedule an appointment for
people that for disappointment that money doesn'tcome out of their pockets. Then they

(19:03):
should take advantage of the time toask all the questions that they have and
we will go over the whole processto their heart's content, and I will
explain to them how, in theirparticular cases I can help them. We
thank you so much. I lookforward to seeing you at all of our
networking events and hope that your businessprospers and does great things here in mcgram

(19:26):
mccowny. I appreciate much the welcomethat the Chamber and Rockville in general has
given to me. It's a nice, very nice place.
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