Michigan Social Security Disability Law Blog

According to the FDA, the risks of two common asthma medications may outweigh the benefits for many people. The health panel identified these two medications as GlaxoSmithKline’s Serevent and Foradil. Glaxo’s biggest selling drug, Advair, was excluded.

The health experts did not suggest abandoning the use of Serevent and Foradil. Instead, they recommended that drug warning labels strongly urge doctors to use the medications with an inhaled corticosteroid.

That may explain why Advair was spared. Serevent contains just one active ingredient, salmeterol, while Foradil contains only formoterol. Advair is a combination of both salmeterol and fluticasone (an inhaled corticosteroid). All of these drugs relax airway muscles, letting asthma patients breathe more easily.

The debate over these drugs has gone on for several years and two FDA officials recently called for banning the use of these drugs for anyone under age 17. Studies of people using the medications have already resulted in a warning on the label that the medications could “increase the risk of asthma-related death.”

The FDA advisory panel voted that the benefits of Serevent did not outweigh its risk as maintenance therapy for adults or for adolescents age 12 to 17. The panelists unanimously voted that the benefits of the two drugs did not outweigh the risks for children under age 12.

One official told the panel that more than 14,000 people might have died since 1994 after taking the drugs, while another suggested that an even greater number might have died without them.

The panel was reviewing an FDA study of 110 trials, including 60,954 people, which found increases in asthma-related hospitalizations, asthma-related intubations, and asthma-related deaths in asthmatic patients using the two drugs. Among the 20 asthma-related deaths identified in the study, 16 were people taking long-acting beta agonists and only four were not taking these drugs. All the deaths were in patients taking Serevent, the FDA noted. The greatest risk appeared to be among children ages 4 to 11 and women.

After the panel voted, the manufacturers of Foradil, Novartis and Schering-Plough, insisted that the new the FDA restrictions and safety warnings were unnecessary.

At the Bernstein Law Firm, we are dedicated to protecting the legal rights of consumers injured by defective products. If you or a loved has been injured due to a product defect, contact one of our experienced attorneys immediately.

On February 4, 2009, President Barack Obama signed into law a critically needed expansion of health care coverage for children. The President signed the legislation just hours after the U.S. House of Representatives passed the $32.8 billion increase for the State Children’s Health Insurance Program (S-CHIP), which was approved by the Senate two weeks ago.

The new S-CHIP legislation will:

For years, health conscious consumers have bought automated external defibrillators, based on manufacturers’ claims that the devices would provide life-saving electric jolts to people whose hearts stopped beating or beat so irregularly that they could die within minutes.

However, the long-awaited results of a clinical trial revealed that the household version of the defibrillator was unlikely to help the victim of a sudden heart seizure. The study included more than 7,000 patients at risk of having these seizures because of previous heart attacks.

The researchers did find clear evidence that the devices saved lives when used in hospitals, emergency vehicles, and public places like airports and casinos, where trained employees were responding to the emergency. At the same time, patients in homes equipped with the gear died at the same rate as those without it.

Heart seizure, also known as sudden cardiac arrest, strikes about 125,000 Americans each year in their homes and 40,000 in public settings outside of hospitals. These seizures are not like heart attacks, which involve restriction of blood flow to the heart muscle and may not be fatal. In contrast, sudden cardiac arrest is a quick killer. Some studies have shown only a 2% survival rate for people experiencing the seizures at home.

The government-supported clinical trial used the HeartStart Home Defibrillator from Philips Medical Systems, an over-the-counter approved device sold for $1,300. Competing defibrillators from companies like Zoll Medical, Cardiac Science and HeartSine Technologies require a doctor’s prescription.

Another major competitor, the Physio-Control division of Medtronic, suspended distribution of its portable defibrillators in the United States last year, after complaints from federal regulators about its quality controls.

Patients in the recent study, both with the defibrillators and without, fared surprisingly well, with fewer seizures than expected and higher than anticipated revival rates. Everyone in the trial was trained to recognize the signs of sudden cardiac arrest, to call 911 immediately, and to give CPR. Without immediate CPR, defibrillation is less likely to succeed.

Four of fourteen patients whom the HeartStart deemed in need of a shock, and who then were given it, survived. The researchers pointed out that these numbers were too small to be statistically significant.

The authors of this online study from the New England Journal of Medicine said that the results were “fortunate” for the handful of survivors, but that any program to get defibrillators into homes would be “an inefficient strategy in public health terms.”

At the Bernstein Law Firm, we strongly encourage anyone who is facing a serious health emergency to seek medical help immediately. If you or a loved one has suffered a serious personal injury or death because of a defective product, we urge you to contact us for a free, confidential, legal consultation today.

Last week, the pharmaceutical company, Actavis Totowa, announced that it would close its Falls River, New Jersey manufacturing facility, as well as another in Riverview and a packaging plant in Taft, as part of a Consent Decree it reached with federal regulators. The Falls River plant made several generic drugs, including Digitek, which was subject to recalls in 2008.

Activis has a long history of safety violations.

In August 2006, the FDA issued a warning letter to Actavis for failing to provide periodic safety reports at one of its oral dose manufacturing plants in New Jersey. Another FDA inspection, in early 2006, revealed that the pharmaceutical company also failed to report six potentially serious and unexpected adverse drug events, dating back to 1999, for generic Digitek and other products.

In April of last year, Actavis recalled Digitek tablets, some of which were made in Falls River. At the time, the company admitted that some Digitek tablets might be oversized and could expose patients to a dangerously high level of digitalis, the drug’s active ingredient. The FDA deemed this a Class I recall, because the defective Digitek tablets might result in serious health problems or death. Patients suffering from renal failure were among those at gravest risk, because a double strength Digitek tablet could cause digitalis toxicity.

Last August, Actavis finally issued another recall of all generic drugs made at the Falls River facility. That recall was prompted by an inspection that showed facility operations did not meet FDA standards for good manufacturing practices. After the August recall, Actavis finally closed the New Jersey plants and announced plans to improve operations. In November 2008, when the company sought to reopen the facilities, the U.S. Justice Department filed a lawsuit to keep the plants closed.

Recently, the Center for Public Integrity published a report that found that the number of fatalities associated with Digitek spiked around the time of the recall. According to the report, there were 667 deaths involving Digitek, which were reported to the FDA between April 1 and June 30. The group also found that FDA received just one reported death attributed to Digitek in the previous three-month reporting period.

At the Bernstein Law Firm, we are dedicated to protecting the legal rights of victims of pharmaceutical company negligence. If you or a loved was injured due to a defective prescription medication, contact one of our experience personal injury attorneys immediately.

At the Bernstein Law Firm, we are very concerned about the care and safety of the elderly. According to AARP, falls are the leading cause of both fatal and nonfatal injuries for older people. All it takes is a slip on a patch of ice or a rug, a stumble on the stairs, or a brief loss of balance to cause serious injury or even death.

Each year one of every three Americans, 65 and older, falls. Almost a third of these individuals require medical treatment, according to the Centers of Disease Control and Prevention (CDC). According to the same study, nearly 16,000 older people died from falls. Broken bones and cuts aren’t the only injuries suffered when an older person loses his or her footing. Half of the 16,000 deaths cited above resulted from traumatic brain injury, caused when victims hit their heads.

Beyond the personal pain and suffering, health care expenditures related to these mishaps are truly staggering. If more effort isn’t put into prevention, the CDC predicts, the direct medical costs resulting from falls each year in this country will escalate from approximately $20 billion today to $54.9 billion by 2020.

Prevention begins with you - keeping yourself and your home, workplace, and community safe. Here are five steps you can take right now to reduce your risk:

At the Bernstein Law Firm, we are dedicated to making sure every decision made about your Social Security Disability claim is correct and fair.

The Social Security Administration is the federal agency that decides whether you are eligible for benefits. It will send you a letter explaining their decision. If you do not agree, you can ask us the agency to review your case. This is called an appeal.

If you wish to appeal, you must make your request in writing within 60 days from the date you receive the denial letter.

There are three levels of appeal. They are:

1. Hearing by an administrative law judge.
2. Review by the Appeals Council
3. Federal court review

You can handle your own Social Security appeal or you can retain an attorney to represent you. Social Security will work with your attorney just as it would work with you. Your attorney can act for you in most Social Security matters and will receive a copy of any decisions Social Security makes about your claim.

At the first level of appeal, you can request a hearing before an administrative law judge. You and/or your representative may come to the hearing and explain your case in person. You may look at the information in your file and give new information. The administrative law judge will question you and any witnesses at the hearing. You or your representative also may question the witnesses.

After the hearing, the administrative law judge will make a decision based on all the information in your case, including any new information given.

If you disagree with the hearing decision, you may ask for a review by Social Security’s Appeals Council. If you disagree with the Appeal Council’s decision or if the Appeals Council decides not to review your case, you may file a lawsuit in a federal district court.

If you or a loved one is fighting for Social Security Disability benefits, contact one of our experience Social Security attorneys immediately for a free confidential legal consultation.

An accident that results in a permanent disabling injury or the birth of a special needs child can force people to assume a lifelong care giving role. As the number of people with severe disabilities, debilitating chronic diseases and terminal illnesses grows, concern about their care has focused primarily on long-term care facilities, nursing homes, home health aides and hospices. Relatively little official attention has been paid to those who provide the overwhelming amount of services for people, both young and old, who are unable to care for themselves.

Various surveys have found that 20 million to 50 million family members in the United States provide care that was traditionally performed by nurses and social workers. Family caregivers supply about 80 percent of the care for ill or disabled relatives, and the need for their services will only rise as the population ages and modern medicine improves its ability to prolong lives.

Financial burdens can also complicate matters, especially when the family caregiver is forced to quit a job or cut back on outside work for pay. About a third of family caregivers lose most or all of their savings as a result of care giving, studies have shown. Family caregivers provide an estimated $237 billion in unpaid services a year.

Most family caregivers have no training for the physically and emotionally demanding tasks they undertake. And many are struggling themselves with age-related disabilities and chronic ailments. Others are members of the so-called “sandwich generation” who must juggle care giving with paying jobs and the needs of their own family.

It is important family members and caregivers know their options for help. The Michigan Department of Community Health (MDCH) has five programs that offer services to eligible persons in the home:

Our office is concerned about the care and safety of the elderly. According to AARP, falls are the leading cause of injury for older people, both fatal and nonfatal. All it takes is a slip on a patch of ice or a rug, a stumble on the stairs or a brief loss of balance to cause serious injury or even death.

Each year one of every three Americans, 65 and older, falls and almost a third of these individuals require medical treatment according to the Centers of Disease Control and Prevention (CDC). According to the same study, nearly 16,000 older people died from falls. Broken bones and cuts aren’t the only injuries suffered when an older person loses his or her footing. Half of the 16,000 deaths cited above were caused by traumatic brain injury, which happens when victims hit their heads.

Beyond the personal costs, health care expenditures related to these mishaps are truly staggering. If more effort isn’t put into prevention, the CDC predicts, the direct medical costs resulting from falls each year in this country will escalate from approximately $20 billion today to $54.9 billion by 2020.

Prevention begins with you - keeping yourself and your environment, workplace, community and home safe. Five things you can do right now to reduce your risk:

If you or a loved one has suffered a serious injury as a result of a fall, we urge you to consult with an experienced attorney.

Protect your rights. Get the Bernstein Advantage today.

Health insurance companies are finding new ways to avoid paying claims of policyholders most in need of medical treatment.

One of the latest insurance company tactics is rescinding policies after individuals file claims, and encouraging them to pursue benefits from Medicare, Medicaid, or other sources.

Another serious problem is “dual-role insurers,” which are companies that not only pay benefits, but also decide who is entitled to receive them. While the federal Employee Retirement Income Security Act allows insurance companies to do this, many argue this dual role presents an inherent conflict of interest.

Some insurers are directing staff to scrutinize each claim, to find any hint of “misrepresentation” that would be an excuse to cancel a policy. For example, a company might try to revoke a policy, if an individual did not identify a previous health problem or medical procedure on his or her initial insurance application.

Increasing public attention has prompted state industry regulators to investigate and fine some health insurers for these unfair and unlawful practices. One recent investigation revealed that an insurer paid employee bonuses, based on the number of policies they cancelled.

In short, these companies increase profits by wrongfully denying claims of their sickest policyholders, and continuing coverage only to those who are healthy.

If you or a loved one has encountered similar problems with your insurance company, you need to protect your legal rights. Contact an experienced attorney who can help you receive the medical benefits and coverage that you deserve.

Starting a Claim for Social Security Disability Benefits
To make a claim for Social Security Disability benefits, you need to file an application with the Social Security Administration (SSA). The SSA provides an on-line application form on its website www.ssa.gov. You also can file for Social Security Disability benefits by going to a local SSA office. If you have trouble finding a Social Security Administration office close to your home, call the Social Security Administration toll-free hotline number at 1-800-772-1213. (Deaf and hard-impaired individuals can reach Social Security Administration by TTY at 1-800-325-0778.)

Submitting an Application for Social Security Disability Benefits
Take the time to carefully fill out your Social Security Disability application. Remember that the Social Security Administration will use whatever information you provide to decide if you qualify for Social Security Disability benefits.

Give complete answers to every question. This could help the Social Security staff fully understand the severity of your disability, the limitations that it places on your capacity to work, as well as the prospect that your disabling condition or illness might get better or worse in the future. In addition, the Social Security Administration may process your application more quickly, if you include all the required information on your application form.

If you have trouble understanding all the questions on the application, you have a legal right to ask the SSA to help you. To get assistance, call their toll-free number listed above, or visit a local Social Security Administration office.

Getting an Answer from the SSA about Your Social Security Disability Application
After you send in your application, the SSA may take several weeks or months to review your information and tell you its decision.

If your Social Security Disability benefits are approved, the SSA will send letters to let you know the amount of your benefits and your health coverage options. They will also tell you about your responsibility to report changes in your medical condition, employment status, and other factors that could affect your eligibility for benefits.

Be sure to read and follow all the instructions, to help ensure that your benefits continue for as long as you have a right to receive them.

If the Social Security Administration denies your initial application, you have the legal right to challenge the unfavorable decision by filing an appeal.

Appealing a Denial of Your Benefits
Do not give up, if the SSA denies your claim. In fact, the SSA often rejects the initial applications of individuals who meet all the requirements. Many of these people have to go through the appeal process to get their Social Security benefits approved.

To protect your right to appeal, you must act immediately after you find out that the Social Security Administration disapproved your application. You only have 65 days from the date stamped on the denial letter to ask for another review of your claim.

A Social Security Administrative Law Judge conducts this review, after taking another look at all your Social Security claim information, including your application form, medical records, and additional material you submit to support your claim, and after holding a hearing at which you can present evidence to support your case.

Do not delay filing an appeal. If you miss the 65-day deadline, and decide later to seek Social Security Disability benefits, the SSA will make you go back and start the application process all over again.

Presenting Your Social Security Disability Claim at a Social Security Hearing
When you properly file an appeal before the 65-day deadline, the SSA will schedule an Administrative Law Judge hearing. Usually, it takes between 6 months to 18 months to schedule your hearing date.

The Administrative Law Judge who conducts your hearing will evaluate the following factors, to decide if you should get benefits:

• Whether or not you accumulated enough Social Security earnings, or “work credits,” to qualify for benefits.
• If not, whether or not your income and other financial resources are so limited that you may qualify for Supplemental Security Income (SSI)
• Whether or not you have an impairment that has lasted, or is expected to last, for at least 12 months, or is expected to result in death.
• The nature and extent of your impairment.
• Your ability to engage in substantial gainful activity since your impairment began.
• The date that your disability began.

If the Social Security Administration just denied your application for benefits, or if you already filed an appeal and are waiting for your hearing, take the time to contact an experienced Michigan Social Security lawyer immediately. Our Michigan Social Security law firm represents individuals at this level of appeal. We want to help you get the Social Security Disability benefits you deserve.