After you’ve filed a Social Security Disability (SSD) or Supplemental Security Income (SSI) claim with the Social Security Administration (SSA) your local Social Security office will evaluate the non-medical and technical aspects of the claim. If you meet the technical requirements for one of the benefit programs your claim will be transferred to a state… Read more »
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Reopening a Prior Application – How Far Back Can You Go?
Social Security Ruling 91-5p pertains if the claimant had good cause for missing the deadline to request review. This Ruling provides that if a claimant presents evidence that mental incapacity prevented her from requesting timely review of an administrative action, and the claimant had no one legally responsible for prosecuting the claim on her behalf… Read more »
Can I Receive Benefits from my Deceased Ex-Spouse's Earnings Record?
When applying for Social Security Disability benefits, the Social Security Administration (SSA) will screen you for all benefit programs you may be eligible for. If your deceased spouse or deceased ex-spouse was insured through the Social Security system you may qualify for what is called Disabled Widow/Widower’s benefits. To be insured for Social Security Disability… Read more »
Why Social Security Matters
Yesterday, Stephen Ohlemacher of the Associated Press issued a great article reminding us of the importance and scope of the Social Security program. The article, available on-line here, is entitled “WHY IT MATTERS: Social Security.” The most refreshing part of this synopsis of Social Security’s current situation and its upcoming challenges is the article’s upbeat tone…. Read more »
Social Security Disability and Depression
Depression is a major condition in which some people seek Social Security disability for because the condition prevents them from working. Social Security considers an individual to be disabled because of a major depressive disorder if the symptoms prevent the individual from working and the condition is expected to last at least 12 months. For… Read more »
Why was the Judge Asking the Work Expert about “Hypotheticals?!”
If you just went through a hearing in front of a Social Security Administrative Law Judge, you may be wondering what was going on during the latter part of the hearing, when the Judge turned to the work expert and started listing off various activities like “crouching, crawling, kneeling” and the expert responded with a… Read more »
Appeals Council Decisions: Notice of Remand
If you filed a Request for Review of your hearing decision with the Social Security Administration (SSA) Appeals Council you may receive in the mail a Notice of Remand. This means that the Appeals Council has transferred your claim back to the SSA Office of Disability Adjudication and Review (ODAR) for another hearing. The Appeals… Read more »
PTSD and Alcoholism
Social Security law states that “[a]n individual shall not be considered to be disabled for purposes of this title if alcoholism or drug addiction would…be a contributing factor material to the Commissioner’s determination that the individual is disabled.” SSA § 223(d)(2)(C). While it is true that drug addiction and alcoholism cannot be considered as an aspect… Read more »
How Does a VA Disability Rating Help my SSDI/SSI Case?
If you are filing for Social Security Disability (SSD) or Supplemental Security Income (SSI) and have been found disabled by the VA (Department of Veterans Affairs) it is in your best interest to advise the Social Security Administration (SSA) of the decision. While the requirements for proving disability for either SSD or SSI is different from… Read more »
Do I Have to Pay Taxes on My SSDI/SSI Benefits?
A frequent question that arises when a client is approved for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits is whether the client has to pay taxes on Social Security disability payments. As is the case with many rules that impact Social Security disability claims the answer is: It depends. The… Read more »
